Application Data Privacy Policy

Lexia Learning Systems LLC. (“Lexia”, “We”, “Us”, or “Our”) respects your privacy, and we strive constantly to earn and keep your trust. All personal information you share with us is treated with the utmost care. We have created this application privacy policy to establish our commitment to the privacy of your data and the data of your students and children that we receive and process through use of the educational subscription products and services we provide to our school and district customers. It describes how Lexia collects, uses, shares and secures the personal information you provide. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. The use of information collected through our service shall be limited to the purpose of providing the service for which you (your school or school district), has engaged Lexia.

This privacy policy applies exclusively to the Lexia SaaS-based educational products and associated services, including the website www.mylexia.com (the “Site”) and MyLexia mobile application (collectively, the “Service”).

  1. Information We Collect and How We Use It
  2. Children’s Privacy
  3. Sharing Information with Third Parties
  4. Information Security
  5. Changes to This Privacy Policy
  6. Contact Us

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 of Lexia products and services 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 by the data controller, 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.

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 endeavors to only collect 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, as well as indirect identifiers, such as IP address or other unique identifiers, where such information can be used to identify you individually, and any other information deemed personal information under applicable law. For teachers or administrators, this includes information such as full name, e-mail address, and school. For students, this includes information such as 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 Service 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

Some features of our Service may also include links to other websites whose privacy practices may differ from those of Lexia. If you submit personal information to any of those websites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Children's Privacy

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
  • Grade
  • School
  • Instructional language (e.g., English or Spanish or other supported instructional language)

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

Some of our products include exercises that utilize Speech Recognition Engine (SRE) functionality within the program. For products with SRE exercises, in certain activities and specific points within the program, the learner is prompted to produce or repeat words or phrases into the learner’s computer or mobile device microphone.  The SRE automatically converts the recorded spoken word or phrase into an individual SRE pronunciation file (or “Sound Log”) for that specific activity, which are used to measure the learner’s fidelity for individual word or phrase production in the exercise and progress within the program. Sound Logs may be retained and analyzed (either by machine or human analysis) and used to provision and support our services to the learner/customer, to help us to develop and improve the quality of our products, program exercises, and the SRE, and for internal research purposes. Sound Logs are never used as a means to identify any individual learner or user.  Following the end of a customer’s subscription or service period, Sound Logs are de-identified from any individual learner and disassociated from the customer account.

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 Service, teachers provide consent and authorization for Lexia to store and process personal data about those children for the 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 Service where student accounts are created.

Do you agree to comply with the Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”), and applicable state student records privacy laws?
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 Service?
No. Personal information about children can only be entered by school personnel or by Lexia personnel acting on their behalf.  Students using the Lexia program are not able to enter or store additional personal information on our Service. 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.

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 Privacy Shield Principles. We will respond to all inquiries within 30 days of receipt. Please see the contact information provided at the end of this privacy policy to contact us.

Sharing Information with Third Parties

Lexia does not sell student or user personal information, and Lexia does not release personal information collected or received in the Service 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:

Affiliated Businesses
We may disclose information (including personal information) collected from our Service with our parent organization, affiliates and/or subsidiaries of Lexia to manage and support our Services and associated business administration to our school and district customers, as well as with our local authorized Lexia representatives for sales and support purposes. We require these representatives to comply with this policy. Lexia will not share personal information with other businesses except service providers used to provision and support our Services to our customers, and/or successors, as described below, without prior authorization.

Service Providers
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 services 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 personal 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 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.

Fraud Prevention
In order to protect our customers, users and ourselves from fraud,  theft or other harm to persons or property, we may provide personal 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 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 Services, you can contact us at privacy@lexialearning.com.

Cookies and other Tracking Technologies
Lexia and our service providers use cookies or similar technologies. These technologies are used in administering the Service and maintaining user progress within the program, analyzing trends and user movements within the Service, and to gather general usage and demographic information about our user base as a whole, for purposes of verifying, provisioning, supporting and improving our ability to deliver the Services. We may receive reports associated with these technologies by these providers on an individual as well as aggregated basis.
As is true of most websites and online services, 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 for any marketing or commercial purposes, nor do we authorize others to do so.

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 Services 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 for any marketing or commercial purposes, nor do we authorize others to do so.

While most cookies and tracking technologies within our programs are necessary for the program to function properly, for others, you may choose to set your web browser not to accept certain cookies.  Similar preference settings options may be available on your mobile device. However, if you choose to disable cookies, it may limit your use or our ability to provide of certain features or functions of our program and Services.

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.

Testimonials
From time to time we may display personal testimonials of satisfied customers on our website 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 privacy@lexialearning.com.

Transfer of Data
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 Services or mobile applications, the information will be processed and stored on servers located in the United States, and by using the Services 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.

While the European Court of Justice has held that the Framework is no longer "adequate" for the transfer of personal data from the EU to the U.S., Lexia continues to abide by the privacy principles and other requirements of the Framework with respect to personal data we process in the U.S.  In addition, Lexia has implemented other appropriate cross-border transfer solutions, notably in accordance with Article 46 of the General Data Protection Regulation, to provide adequate protection for transfers of certain personal data, including from EEA and the UK to the U.S. To the extent permitted by applicable law, your use of this Service constitutes your consent to the transfer of your personal data to Lexia in the United States.

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.

Changes to This Privacy Policy

Last reviewed: March 9, 2021

Last updated: March 9, 2021

This policy is effective as of the date indicated above. We will review and may update this privacy policy from time to time to reflect changes to our privacy practices and in accordance with changes in legislation, best practice or Service enhancements.   We will notify you about material changes to this policy by posting a new policy on this page with the “Last updated” date indicated, by sending a notice to the account owner/administrator email address that you provided to us, or by placing a prominent notice on our site or application.

Your Choices and Access to Your Information
Lexia offers those adult teachers, administrators or others who provide personal information to us in order to receive information about our products, services, events or promotions, 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 for these purposes.  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 such email communications 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 teachers and administrators of the Services and mobile applications, you may access the personal information we receive and process for the purposes of correcting, amending, or deleting it by logging into your administrator account and reviewing and selecting the profile and other 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.   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.

Contact Us

If you have questions or concerns regarding your privacy, please contact us as follows:

Privacy Officer
Lexia Learning Systems LLC
300 Baker Avenue, Suite 320
Concord, MA 01742 U.S.A.
E-mail: privacy@lexialearning.com
Telephone: 1-978-405-6200