Data Privacy and Security Policies

Foundations in Learning respects and is committed to the privacy of all those utilizing our programs and services, including students, teachers, administrators, and parents. To this end we have established the following Privacy and Security Policies.

Information We Collect

Foundations in Learning will collect a limited amount of personally identifiable information about students and teachers. The bulk of this information is collected during the enrollment process.

When engaging with WordFlight at schools, teachers are required to establish an account. Enrollment of a teacher involves the collection of the teacher’s name, email address, and username and password (established by the teacher). We use the email address to send product updates and use recommendations, password recovery information, effectiveness and efficacy data, and more.

Student accounts for WordFlight can be created by the school, the district, or the teacher. Enrollment of a student involves, depending on the product, the collection of the student’s name, gender, grade level, status as an English Language Learner, language spoken in the home, educational status (whether below/on grade level and special education status) and username and password (assigned by the teacher).

We do not require disclosure of more information than is reasonably necessary for participation in our products, or that would assist in future product development. Therefore, all of the information we request is mandatory. We call this information “Enrollment Information”. During the time in which the student is using our programs as educational resources, the programs will collect information about progress through the curriculum, performance, time spent on various tasks, and the actions performed and pages visited by the student. This information is collected through the mouse clicks the student will make while interacting with the programs. We call this information “Performance Information”. We will maintain a record containing the details of your order and purchase, as well as when program tasks, levels, and units are started, stopped, re-started and completed, for client services and operational purposes.

We may also collect financial information used for the initiation and processing of payment needed to perform services, along with information about use of our site, products, and services, including IP address, the device(s) you are using, and your usage of our sites, products, and services, among others.

How We Use Your Information

Foundations in Learning maintains all student data, student educational information, teacher information, and school information as confidential. Foundations in Learning uses the Enrollment and Performance Information collected in order to create a variety of reports and email communications for the student’s teachers in order to inform them of progress and assist them in providing a greater level of targeted assistance and instruction to the student. Depending on the program, we also use the information in order to adjust the program while the student is working within it in order to provide a more effective educational experience for the student. Foundations in Learning may aggregate information without identifying students for internal research, product development or marketing. We do not sell or share our client database. However, some information may pass through third-party suppliers of services (such as Web hosting services) who have been engaged to assist in the delivery of our products. Authorized parties that have access to student information are limited to Foundations in Learning employees and contractors, school districts and/or the student’s immediate family with proper request and identification. We reserve the right to disclose your personally identifiable information as required by law and/or to comply with judicial proceedings, government investigations, court orders, or legal process served on us, as well as when we believe that disclosure is necessary to protect our rights, investigate or prevent fraud or other illegal activities or to prevent breach of Foundations in Learning’s Terms and Conditions of Use Policy.

Database Security

Foundations in Learning has security measures in place to protect the loss, misuse or alteration of information under our control. Foundations in Learning uses Secure Sockets Layer (SSL) to encrypt information that you transmit to us over the Internet. Only the Foundations in Learning management team and lead customer service personnel can access the information stored on these servers and in these databases. The management team will continuously review and update the integrity of the Web Site and the security of your personal information.

How Long Do We Retain Your Information?

We will keep the personal information we collect about you for as long as necessary to carry out the purposes set forth in this Privacy Policy or any other notice provided at the time of data collection, but no longer than as required or permitted under applicable law or internal Foundations in Learning policy. We dispose of the personal information we collect in accordance with Foundation in Learning’s retention policies and procedures.

How is Your Personal Information Protected?

We maintain reasonable administrative, technical, and physical safeguards to protect your personal information. However, no e-commerce solution, website, mobile application, database, or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

Cookies

The Foundations in Learning website and WordFlight makes limited use of “cookie” technology. A cookie is information about you that a Web site sends to your browser. The information may be stored on your computer and later used to recognize you and your preferences. Foundations in Learning uses cookies to recognize you as a user and manage your preferences and security during your sessions in the web site. Foundations in Learning uses only identifiers, without any student, parent, or school information. When you are using our products, your browser must be set to accept our cookies or you will not be able to access the application.

The Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.

Foundations in Learning is fully compliant with FERPA. Specifically:

• Any sensitive online information is transmitted over secure, encrypted channels via SSL as well as other layers of encryption.
• All student data are stored on secure servers utilizing encryption and firewall technology and are not publicly accessible.
• All student performance data is stored in a non-identifiable format.
• Security audits are continuously performed to ensure data integrity.

Children’s Online Privacy Protection Act (“COPPA”) Notice

In compliance with the Children’s Online Privacy Protection Act (COPPA), Foundations in Learning does not collect personally identifiable information from children under 13, without a parent or guardian’s consent, or that of a school if applicable. Parents and guardians of children under 13 who use any of the WordFlight products have certain rights under COPPA and WordFlight recognizes those rights.

To create a parental account for use of WordFlight at home, parents or legal guardians are asked to provide their full name, email address, and other minimally required personal information. For children’s accounts established via parental accounts, we also ask parents or guardians for a username and password. We use this information to create the individual child accounts. Children cannot interact with other users. Any personal information collected from or regarding children is not shared or posted publicly. We store a child’s user name and password on our system when the child is registered for WordFlight. We may also store the IP address from which the child accesses WordFlight in connection with the child’s use of WordFlight. Parents or guardians subscribing to the at-home products will receive occasional emails with information about usage of the account, new features, product use recommendations, and more.

How Do We Use Children’s Personal Data?

We use children’s personal data to provide the WordFlight services in which your child is participating. We may use the non-personally identifiable data we collect to improve the services offered and to deliver a better and more personal experience.

We retain personal data in a form which permits identification of a child for as long as necessary to provide the services in which the child is participating, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. We are required by law to keep some types of information for certain periods of time (e.g., statue of limitations).

When Do We Disclose Children’s Personal Data?

We do not sell or rent children’s personal data.

We may disclose aggregated data about many of our users, and data that does not identify any individual or device. In addition, we may disclose children’s personal data: (i) to third parties we use to provide or support our services; (ii) if we are required to do so by law or legal process, such as to comply with any court order or subpoena or to respond to any government or regulatory request; (iii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, our customers, or others, including to protect the safety of a child, protect the safety and security of WordFlight or other services provided by Foundations in Learning; or (iv) to law enforcement agencies or for an investigation related to public safety.

In addition, if Foundations in Learning is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding or event, we may transfer the personal data we have collected or maintain to the buyer or other successor.

How Can You Access, Review, and Update Your Child’s Personal Data?

Parents of children using WordFlight at Home may at any time and upon providing proper identification, parents/guardians may access and review their child’s personal data maintained by Foundations in Learning, request that we update or delete such personal data, and/or refuse to allow us from further collecting or using their child’s personal data.

To exercise your right to delete information, please use the contact information below.

Parents/guardians of children using WordFlight through a school account should contact their school to exercise their rights and we will work with the parent/guardian and school together to facilitate those requests. A child’s participation or access to an activity on WordFlight cannot be conditioned on him or her providing more personal information than is reasonably necessary for that activity.

To protect your and your child’s privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any personal data or make corrections.

Contact Us
If you have any questions about our Data Privacy and Security Policies, please contact:

Email:

customerservice@foundations-learning.com

In writing:

Chief Technology Officer
Foundations in Learning
2850 Coral Ct, Suite 2
Coralville, IA 52241
888-701-3009

California Consumer Privacy Act Notice

California consumers have a right to knowledge, access, correction, and deletion of their personal information under the California Consumer Privacy Act of 2018 (“CCPA”). California consumers also have a right to opt out of the sale or sharing of their personal information by a business, and a right not to be discriminated against for exercising their California privacy rights. Foundations in Learning does not sell or share the personal information of California consumers as those terms are defined under California law, and does not discriminate in response to privacy rights requests. Foundations in Learning also does not use or disclose sensitive personal information for any purposes that would require a user to exercise a right to limit according to California law.

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, through information we ask from you when our clients or their agents subscribe and engage our services.
• Directly and indirectly from you when using our services or visiting our website. For example, usage details collected automatically in the course of your interaction with our platform or website.

Sensitive personal information is a subtype of personal information consisting of specific information categories. While we collect information that falls within the sensitive personal information categories listed in the table below, the CCPA does not treat this information as sensitive because we do not collect or use it to infer characteristics about a person.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category E: Biometric information.
• Category F: Internet or similar network activity.
• Category G: Geolocation data.
• Category J: Non-public education information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Our agents and service providers
• Our affiliates
• Third parties to whom you or your agents authorized us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you;
• Our business or commercial purpose for collecting that personal information;
• The categories of third parties with whom we share that personal information; and
• The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you request, take actions reasonably anticipated within the context of our ongoing business relationships with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email at customerservice@foundations-learning.com.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require to you create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of good or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us via email at customerservice@foundations-learning.com.