Data Privacy Policy

This privacy policy identifies what personal information we collect on our Website, what choices you can make about your personal information, how we use this data, and how we protect all personal information entrusted to us.

• Information We Collect and How We Use It
• Children’s Privacy
• Sharing Information with Third Parties
• Information Security
• Changes to This Privacy Statement
• Contact Us

Lexia Learning Systems, Inc. has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@lexialearning.com. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe program does not cover information that may be collected through downloadable software.

Lexia Learning Systems, Inc. complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union. Please visit http://export.gov/safeharbor for more information.

Lexia Learning Systems, Inc. complies with the U.S. – E.U. & Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union and Switzerland.  Information regarding the E.U. and Swiss Safe Harbor Framework can be found at:  http://export.gov/safeharbor.

Information We Collect and How We Use It

Lexia collects information, including personal information that you provide to us. We also collect personal information when your school or district creates accounts for administrators, teachers, and students. Lexia only collects information that is relevant and not excessive for the purposes for which it is to be processed. Personal information includes information that can identify you. For teachers this includes full name, e-mail address, and school. For students, this includes full name, user ID, and school. Additional optional demographic data may be entered for students that may include gender, birth date, ethnicity, special education, instructional language, participation in free lunch programs, and Title 1 status.

Lexia offers those who provide personally identifiable information the opportunity to withdraw consent with respect to the information they submitted at any time ("opt-out"), in which case such personal information will not be further processed.

Children’s Privacy

What information is collected online from children under 13?

Children under 13 access Lexia Reading using a student account. Typically these accounts are established by the student’s school or by Lexia using information provided by the school. The minimum information required to create a student account is:

• First Name
• Last Name
• User Name
• Grade
• School
• Instructional language (English or Spanish)

To see a full list of all optional data fields – click here.

Do you obtain parental consent prior to collecting information from my child?

No. Student accounts are typically created by teachers or school administrators. COPPA states that teachers may act in place of a parent in deciding whether to give consent. By creating the student account on Lexia Reading, teachers are providing consent for Lexia to store personal data about those children. Children under 13 cannot create their own accounts and parents do not have access to the administrative portion of our websites where student accounts are created.

Can a child enter personal information into your website?

No. Personal information about children can only be entered by school personnel or by Lexia personnel acting on their behalf. There is no way for a student using the Lexia Reading program to enter or store personal information on our websites. The Lexia Reading program collects and stores data created by student use of the program (namely, reading performance and progress data), which is linked to each student’s respective personal information.

Is a child’s personal information required for participation in Lexia Reading?

Yes. Students need individual accounts so that their progress in the software can be monitored by the school and its teachers.

Is children’s information shared with unrelated third parties?

No. Personal information obtained online from children under 13 is not released to any unrelated third party, except as permitted by law or as expressly set forth in this policy statement (such as to certain Affiliated Businesses, as provided below).

What are the choices of a parent or guardian?

Parents and legal guardians can make choices regarding the personally identifiable information we store online for children under age 13 by contacting their child’s school to review what personal information is being collected. Parents who experience difficulty or require additional information may contact Lexia directly. We will need to verify your identity before we can respond to this type of request. However, we require that you start by contacting the school first, since they are the entity that decides what information is collected and stored.

Upon written request from the school, or from a confirmed parent or legal guardian (as noted above), Lexia will provide an inventory of the personal information it holds on their behalf and take reasonable steps to allow such persons to review their information for the purposes of correction or removal, subject to the limitations (including disproportionate burdens) set forth in the US Department of Commerce's Safe Harbor Principles. We will respond to all inquiries within 30 days of receipt. Please see the contact information provided at the end of this privacy statement to contact us.

Sharing Information with Third Parties

Lexia does not release personally identifiable information it collects from you to any unrelated third parties for promotional purposes. We do, however, share anonymous, aggregated product usage data with unrelated third parties, and share personal information only as described below:

Affiliated Businesses

We may disclose information (including personally identifiable information) collected from our websites with our local authorized Lexia representatives for sales and support purposes. We require these representatives to comply with this policy. Lexia will not share your contact information with other businesses except service providers and successors, as described below.

Service Providers

We may share your information with our service providers—that is, organizations providing services to support Lexia functions, such as our mail and email processing companies, payment processing companies, and market research firms. All such service providers are bound by contract to refrain from using the personally identifiable information we collect from you for any purpose other than providing the specified service to Lexia.

Successors

In the event Lexia is sold to a new owner, whether by merger, stock sale, asset sale or other means, we retain the right to transfer personally identifiable information to the new owner, provided we notify you this is occurring (which may be by posting on our websites) and the new owner agrees to respect the privacy policy in effect with respect to this personal data.

Laws and Legal Rights

We also may release personally identifiable information at the request of law enforcement authorities, when ordered to do so where a formal request has been made such as in a court order, subpoena or judicial proceeding by a court, or when we have the right to do so and believe it is necessary to assert or protect our legal or intellectual property rights, or in protecting the physical safety of our employees, users and the general public.

Fraud Prevention

In order to protect our customers and ourselves from fraud or theft, we may pass personally identifiable information to law enforcement agencies or to other organizations that agree to respect the privacy policy in effect with respect to this personal data.

Information Security

Lexia utilizes standard security measures, such as firewall, limited access, and SSL encryption technology, designed to help protect against loss, misuse, and alteration of user information collected by Lexia during its transmission. Access to your data is controlled by both physical and logical controls. Only select members of the Lexia staff can access the raw data on disk or the backup tapes. All backup tapes stored offsite are encrypted and destroyed when they become obsolete.

Our production systems are housed in a tier-1 hosting facility that is monitored 24 hours a day, 7 days a week. Access to these systems requires prior written approval from Lexia management and all access is logged and monitored. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at privacy@lexialearning.com.

Passive Data Collection – Cookies and Web logs

Our Website may also collect information passively, through the use of cookies and web logs. A cookie is a small text file that writes to your hard drive. The cookie file contains your computer's IP address and a user ID. The non-personal user ID links your activities on our site to your personal information. Our Website uses cookies to enhance the user’s experience and helps us to improve our services. Our cookies do not contain personal information. We do not exchange cookies with third parties.

As is true of most websites, we gather certain information automatically and store it in log files. This information may include IP addresses, browser types, referring/exit pages, operating systems, date and time stamps, and “clickstream” data. We use this information to analyze trends, to administer the sites, and to track how visitors interact with the sites.

Teacher and student activity is stored in a relational database for reporting and analysis, including progress monitoring for teachers and administrators, and aiding Lexia in trend analysis and providing customer support.

We do not give log file information or student/teacher activity information to third parties, except (i) those acting as our agents to assist in administering our websites, or (ii) in a sanitized form disassociated from your IP address or other personally-identifiable data.

Enforcement

Lexia periodically verifies that this privacy policy properly describes the information we collect and how we use it, and that we act in compliance with this policy. Please contact us if you have questions or concerns using the contact information below. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this policy.

With respect to any complaints relating to this policy that cannot be resolved through our internal procedures, we will cooperate with appropriate regulatory authorities to resolve such complaints. If any of your concerns are not acknowledged within a reasonable time frame (30 days), or have not been addressed to your satisfaction, please contact TRUSTe, which will then act as a liaison with us to resolve your concerns.

Changes to This Privacy Statement

Last updated: December 5, 2011

We may amend this Privacy Policy at any time. If we make material changes in the way we collect, use, and/or share your personal information, we will notify you by prominently posting notice of the changes on the websites covered by this Privacy Policy for thirty (30) calendar days prior to the implementation of the material change and provide instructions on how to remove your information prior to the changes taking effect.

Your Choices and Access to Your Information

Our email programs allow you to choose to receive or stop receiving communications from us. We honor a “once out – always out” policy. Each secondary email we send to our users contains ‘Unsubscribe’ instructions. Once you opt out, you are opted out of that type of communication until we are explicitly told in writing that you want to opt back in. You may opt out of email programs at any time by following the opt-out instructions provided in the email you receive from us. You may access your personal information for the purposes of correcting, amending, or deleting it by logging into your account for review of your preferences. If you are a non-administrative user, you will need to have your administrator change the personal information submitted and associated with your account.''

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Contact Us

If you have questions or concerns regarding your privacy, please contact Lexia Learning Systems directly.

© 2010 Lexia Learning Systems, Inc.