- Information We Collect and How We Use It
- Children’s Privacy
- Sharing Information with Third Parties
- Information Security
- Contact Us
If you have an unresolved concern about personal data that we have not addressed satisfactorily, we have committed to cooperate with the panels established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) to serve as our independent dispute resolution bodies for the Frameworks. In addition, under certain conditions, more fully described on the Privacy website, European residents may invoke binding arbitration for non-monetary issues when other dispute resolution procedures have been exhausted.
Lexia receives and processes the personal data of the students, staff and other users of Lexia products and services through service agreements with school and district customers that purchase our products and services on behalf of those users. Lexia would have no direct relationship with the individual users whose personal data it processes. An individual (user or the user’s parent or legal guardian) who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct the query to the school or district or other Lexia customer through which the user receives access to the Lexia product (the data controller). If requested to remove data, we will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our clients for as long as needed to provide services to our clients, to comply with our legal obligations, resolve disputes, and enforce our agreements.
Software, services and programs delivered and accessed through the Internet necessarily involve the transmission and processing of personal data, sometimes on an international basis, depending, for example, on where the user is located. When personal information is provided to Lexia through the Sites or mobile applications, the information will be processed and stored on servers located in the United States, and by using the Sites and mobile applications, you acknowledge and give Lexia authorization to such transfer, processing and storage on behalf of yourself, your organization, and your students or other users as applicable.
Lexia participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Lexia is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Lexia is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Lexia is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
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 or administrators, this includes full name, e-mail address, and school. For students, this includes full name, user ID, and school. If the school or district elects to do so, additional optional data may be entered for students that may include demographic data such as gender, birth date, ethnicity, special education, instructional language, participation in free lunch programs, and Title 1 status. This information is only used by Lexia for the purpose of completing the purpose for which provided. Data generated through the use of the Site or mobile application from which personal information and attributes about any user has been removed (“de-identified data”), may be used by Lexia for lawful purposes, including, without limitation, product and service improvement or development, general product and service analysis, benchmarking, development of best practices, and/or educational research or statistical assessment.
When you download and use our mobile application or services, we automatically collect additional information, such as the type of mobile device that is being used, operating system version, and the device identifier (or "UDID"). We do not ask you for access or track any location-based information from your mobile device at any time while downloading or using our mobile application or services.
Links to 3rd Party Sites
What information is collected online from children under 13?
Children under 13 access Lexia 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
- 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 the child?
No. Student accounts are typically created by teachers or school administrators, or by Lexia using information provided by the school. COPPA and other laws authorize schools to act in place of the parent or guardian in deciding whether to give consent to the collection and use of student information for educational purposes. By creating the student account on the Site, teachers provide consent and authorization for Lexia to store and process personal data about those children for purpose of providing the Lexia program. Children under 13 cannot create their own accounts and parents do not have access to the administrative portion of our Sites where student accounts are created.
Yes. When we receive or access student personal data and education records from our school and district customers through their use of our products and services, we understand that we are acting in the capacity of a “school official” under FERPA, and are committed to complying with the limitations and requirements imposed on us as an educational service provider to our school and district customers under FERPA and other applicable state student records privacy laws. Student personal data is used only for the purpose of fulfilling our duties and provisioning our products and services under our services agreement with our school and district customer, and is not otherwise used or disclosed except as provided for in the service agreement, as required by law, or as authorized or directed in writing by our school or district customer.
Can a child enter personal information into your Site?
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 program to enter or store additional personal information on our Sites. The Lexia 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 the Lexia program?
Yes. Students need individual accounts to access the Lexia program and so that their progress in the software program can be monitored by the school and its teachers.
Is children’s information shared with unrelated third parties?
No. Personal information obtained online from students is not released to any unrelated third party except as permitted by law or as expressly set forth in this policy (such as to certain Affiliated Businesses, as provided below), or at the direction of the school.
What are the choices of a parent or guardian?
Lexia collects information under the direction of its Clients (school personnel or administrators of the Lexia product), and has no direct relationship with the individuals whose personal data it processes. If you are a parent or guardian or otherwise a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. Service providers that we utilize to provision our products and services, and who may access or receive personal information to provide those services or functionality, are under contractual obligations with respect to the personal information and are covered by the service agreements with our Clients.
Parents and legal guardians can make choices regarding the personal information we store online for their children 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, however, parents should start by contacting the school first since the school is the entity that contracted with Lexia for the services and authorized the information to be collected and stored. In addition, the child’s school be in best position to verify the parent’s identity and connection to the student, which would be necessary before Lexia could respond to this type of request.
Sharing Information with Third Parties
Lexia does not release personal information collected or received in the Sites or mobile application to any unrelated third parties for promotional purposes. We may, however, share aggregated product usage data with unrelated third parties, and share personal information only as described below:
We may disclose information (including personal information) collected from our Site 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.
We may share your information with our service providers—that is, organizations providing services to support Lexia functions, such as our hosting services provider, mail and email processing providers, payment processing providers, and research and support providers. All such service providers are bound by contract to refrain from using the personal information we collect from you for any purpose other than providing the specified service to Lexia.
Laws and Legal Rights
We also may release personal 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 similar legal process, 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.
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 selected 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 Site, you can contact us at email@example.com.
Cookies and other Tracking Technologies
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 do not link this automatically collected data to other information we collect about you.
Teacher and student activity is stored in a relational database and used for reporting and analysis, including student user 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 usage information to third parties, except (i) those service providers engaged to support and assist in administering our Sites and mobile application, or (ii) in a sanitized form disassociated from your IP address or other personal data, or (iii) as authorized or directed by the school.
We use mobile analytics software to allow us to better understand the functionality of our mobile application software on your mobile device. This software may record information such as how often you use the application, events that occur within the application, aggregated usage information, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal user information you submit within the mobile application.
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.
From time to time we may display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update your testimonial of request that it be removed, you can contact us at firstname.lastname@example.org.
Social Media Widgets
Last reviewed: February 3, 2020
Last updated: February 3, 2020
Your Choices and Access to Your Information
Lexia offers those who provide personal 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. 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 recipients 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 Unsubscribe instructions provided in the email you receive from us. Upon request Lexia will provide you with information about whether we hold any of your personal information. For the Sites and mobile applications, you may access your personal information for the purposes of correcting, amending, or deleting it by logging into your account and reviewing and selecting your profile preferences. You may also contact us to request assistance for which we will respond to within a reasonable timeframe and as may be required by law.
The General Data Protection Regulation (GDPR) and EU data subjects: Where required by applicable law, and notably by GDPR for residents of the UK and European Union, you have the right to obtain confirmation of the existence of certain Personal Data relating to you, to verify its content, origin, and accuracy, as well as the right to access, review, port, delete, or to block or withdraw consent to the processing of certain Personal Data (without affecting the lawfulness of processing based on consent before its withdrawal), by contacting us as detailed below. In particular, you have the right to object to our use of Personal Data for any direct marketing and in certain other situations at any time. Please note that certain Personal Data may be retained as required or permitted by applicable law.
Lexia acknowledges that you have the right to access your personal information. If you are a student or other end user receiving access to Lexia through a school, you will need to contact the school administrator that submitted your personal information to us, and we will support them as need in responding to your request to access, change or delete the personal information submitted and associated with your account. Requests will be addressed within a reasonable timeframe and as may be required by law.
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.
If you have questions or concerns regarding your privacy, please contact us as follows:
Lexia Learning Systems LLC
300 Baker Avenue, Suite 320
Concord, MA 01742 U.S.A.
If you are a resident of the UK or European Union with questions regarding your rights in Personal Data under GDPR, please contact the Lexia Learning Data Protection Officer, Sofia Simoes, by email at DPO@lexialearning.com.