Privacy Policy

Last Updated:  December 1, 2023

The Earsight website(s), application(s), and software platform(s) that operate in connection with WordflowTM, a literacy assessment and improvement platform (collectively, the “Services”), are owned and operated by Earsight, LLC (“Earsight”). Earsight is committed to protecting your privacy. By using the Services and visiting any websites owned and operated by Earsight, you accept and consent to this Privacy Policy. Your use of Earsight’s products or services is, at all times, subject to the Earsight Terms of Service, which include this Privacy Policy and the Data Privacy Agreement (“DPA”) between you and Earsight. Please read this Privacy Policy carefully. Capitalized terms that are not otherwise defined herein have the meaning provided in the Terms of Service.

As used in this Privacy Policy, “we,” “our” or “us” refers to Earsight. “You,” “yours” or other similar designation refers to students, educators, and staff who use the Services (“Authorized School Users”) pursuant to an agreement or with the permission of School Districts and State Agencies (“School Customers”). 

What This Privacy Policy Covers 

This Customer Privacy Policy (“Privacy Policy”) describes how Earsight collects, uses, and discloses personal information through the provision of Services. 

Our Approach to Student Data Privacy: In the course of providing the Services to our Authorized School Users, Earsight collects, receives, generates, or has access to “Student Data,” which is information that directly relates to an identifiable student. 

We consider Student Data to be confidential and we collect and use Student Data solely for educational purposes in connection with providing our Services to, or on behalf of, our School Customers, as described in this Privacy Policy and our Agreements. We work to maintain the security and confidentiality of Student Data that we collect or store, and we enable our School Customers to control the use, access, sharing, and retention of Student Data. 

Our collection and use of Student Data is governed by our Agreements with our School Customers, including this Privacy Policy, and applicable laws which may include the federal Family Educational Rights and Privacy Act of 1974 (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”), the Protection of Pupil Rights Amendment (“PPRA”), as well as other applicable federal, state, and local privacy laws and regulations (“Applicable Laws”).

Please see our Children’s Privacy section below for information about our data collection, use, and disclosure practices for students under 13.

Information You Provide to Us

You may provide us with information about you when you correspond with us via our website, or via phone, e-mail, postal mail, or in another manner. You may also provide us with information about you if you are an authorized user of the Services. The information you give us may include your name, relationship to child, address, e-mail address, phone number, job title, and description. WordflowTM users are required to provide us with an email and password to use those Services (no information from the student is required to be provided as part of the Services).

Information We Collect About You via Our Website

When you visit our websites, we or our third-party service providers may collect the following information for analytics purposes: Internet Protocol (“IP”) addresses, preferences, web pages that you visited prior to visiting our website, information about your browser, network, or device (such as browser type and version, operating system, Internet service provider, preference settings, unique device IDs, and language and other regional settings), and information about how you interact with our website (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral page, load times, and problems you may encounter, such as loading errors).

We or our third-party service providers may also use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. We and our third-party service providers use some necessary cookies because they allow visitors to navigate and use key features of our website, as well as analytics and performance cookies to collect information about how visitors interact with our website.

Information We Collect About Students Through the Services

WordflowTM allows an authorized user, such as an educator or parent or guardian, to roster their students to conduct literacy assessment and reading education. When this occurs, we generate and maintain a participant code that is associated with the student. We also collect the following information in order to generate a risk assessment related to literacy:

• Your student’s name, grade level, and school
• Your student’s response to assessment questions and lessons
• The response time associated with your student’s response to assessment questions and lessons
• Your student’s voice data for portions of the assessment and lessons that require your student to repeat words
• Your student’s socioeconomic status
• Educational records that may be protected under the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 C.F.R. Part 99; “FERPA”).

Information We Receive from Others

We may receive information about you if you use any of the websites we operate or become an authorized user of the Services. If this occurs, we will inform you when we collect that data that it may be shared internally and/or in combination with data collected on our website.

How We Share the Information We Collect

We do not sell you or your student’s personal information. We will not share you or your student’s personal information or user data except as described herein and in the Terms of Service, or unless we otherwise obtain your authorization to do so.

We share a very limited amount of de-identified information of student users of WordflowTM with authorized individuals who perform tasks on our behalf, such as employees and contractors who need information in order to deliver the Services to you. We employ safeguards to ensure that these authorized individuals do not: (1) use the information for any purpose other than to deliver the Services to you or as otherwise authorized by the Terms of Service or this Privacy Policy, or (2) disclose the information to unauthorized parties.

In some cases, we may be required to share your information pursuant to a lawful request such as a court order or subpoena, or when otherwise required by law. We may also share your information under the following circumstances:

• In connection with an investigation of suspected unlawful activity;
• When we determine that disclosure is necessary to protect the rights, property, or safety of Earsight, our customers, or other third parties; and
• In the event of a corporate sale, merger, acquisition, dissolution, or other similar event.

How We Protect Your Personal Information

Earsight uses various security measures, including physical, administrative, and technical measures, to help protect your information and to help prevent unauthorized access to, or disclosure of, your information. We require our employees to comply with information security safeguards, and our systems are protected by technological measures to help prevent unauthorized individuals from gaining access. 

Notwithstanding these precautions, no system can be completely secure and there remains a risk that unauthorized access or use, hardware or software failure, or a number of other factors may compromise the security of your information. Upon discovery of any unauthorized acquisition of user personal information, Earsight will take immediate measures to safeguard and prevent further dissemination of any such personal information. When reasonably able to do so, Earsight will notify the impacted parties via contact information on record, and such notifications will include information required by applicable data breach notification laws.

How We Protect Student Privacy

Protecting the privacy of students who use the Services is especially important to us, and we take our obligation to protect student data seriously. We maintain compliance with the Children’s Online Privacy Protection Act (“COPPA”) with respect to personal information we collect from children under the age of 13 (see our Children’s Privacy section, below, for more information). We also have a Data Privacy Agreement, which we enter into with educational entities, that further describes our duties, responsibilities, and commitments with respect to student data that we collect or receive.

Information we collect from students may include student educational records that are protected under FERPA and other laws. We abide by the following terms with respect to the privacy of student educational records:

• Student records obtained by Earsight from an educational institution or parent or guardian continue to be the property of and under the control of the educational institution or the parent or guardian. The educational institution or parent or guardian retains full ownership rights to the personal information and education records it provides to Earsight.
• Earsight will not use any information in a student education record for any purpose other than those required or specifically permitted by this Agreement.
• Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution.
• Earsight is committed to maintaining the security and confidentiality of student records. In the event of a data breach, Earsight will adhere to the applicable Federal and/or State data breach notification requirements. For purposes of this policy, a breach is any unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information that we maintain.
• Earsight will delete or de-identify personal information under the following circumstances: (1) upon expiration or termination of our agreement with an educational institution, or (2) within sixty (60) days of receiving a written deletion request from the educational institution.
• Earsight will work with educational institutions to ensure compliance with FERPA. Earsight prohibits using personally identifiable information in student records to engage in targeted advertising. Notwithstanding the foregoing, nothing in this Privacy Policy will prohibit Earsight from utilizing de-identified user information for product development or improvement services.

Children’s Privacy

This section of the Privacy Policy provides information for schools, parents and legal guardians about our practices with respect to information that we collect from students under 13 who use our Services. We do not knowingly collect, use, or disclose personal information from students under 13 years of age without a school, parent or legal guardian’s consent. In this section, we use the term “personal information” as such term is defined in the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s rules implementing COPPA.

• Parent/Legal Guardian Consent Form. When purchased directly from Earsight by a family (parent/legal guardian) such as the WordflowTM app, Earsight understands that the parent’s or legal guardian’s consent is required for the collection, use, or disclosure of such information, and Earsight will not collect, use, or disclose any personal information from the child if the parent does not provide such consent.
• We obtain explicit consent from the parent or the legal guardian of the student before administering the assessment. 
• We keep a record of consent obtained for the purposes of this assessment. 
• The parent or legal guardian can provide verifiable consent to the collection, use, and disclosure of the information via an online form that is administered via email prior to collecting or using the personal information.

Personal Information We Collect from Students Under 13
Voice data for portions of the assessment and lessons that require the student to repeat sounds or words

We may also collect information about the student’s activities on our Services, including information about the student’s device used to take the assessment, the student’s responses to assessment questions and the response time associated with the student’s response to assessment questions.

Information Uses
We use the information we collect from students under 13 only for educational purposes, including to operate, maintain, and improve the Services.

Information Disclosures
We disclose the information we collect from students under 13 in the following circumstances:

• Teachers and WordflowTM users will have access to their students’ personal information. Additionally, we may make students’ personal information available to their parents upon request.
• To third party service providers that assist us in providing the Services.

Requests to Access and Delete a Child’s Information
Parents and legal guardians of children under 13 may request to review the personal information collected from their child, direct us to delete the personal information we have collected from their child, and refuse to permit our further collection or use of the personal information collected from their child. To make such a request, please contact your child’s educational institution or Earsight.

Operator of this Online Service / Contact Information
The operator collecting or maintaining personal information from children through this online service is Earsight, located at 6737 Crystal Springs Dr. NE, Bainbridge Island, WA, 98110 and info@earsight.co. 

Your Choices Regarding the Information We Collect

You can correct, update, or remove your personal information if it changes or if you no longer want to receive information from us beyond information related to our Services. 

To submit a request:

If Services were provided as a result of purchasing Services directly from Earsight for your child, submit your request directly to Earsight using contact information in the “Contacting Us” section.

Changes to Our Privacy Policy

We may revise our Privacy Policy from time to time. Any changes we may make to our Privacy Policy in the future will be posted on this page. You can see when we last updated our policy by looking at the “Last Updated” date at the top of this page. If we make material changes to our Privacy Policy, we’ll provide a prominent notice by posting a notice via the Services, by posting a notice on our website, and/or by notifying you via email using the email address you provided, so you can review the updates.

We encourage you to review this Privacy Policy from time to time. Your continued use of the Services after the revised Privacy Policy has become effective constitutes your acknowledgment and agreement to the terms included in the then current version of our Privacy Policy. If you don’t agree with any changes we make to our Privacy Policy, you may terminate your account pursuant to the terms and conditions included in our Terms of Service and any applicable Statement of Work that we have entered into with you.

Contacting Us

We welcome your questions and comments regarding our Privacy Policy. You may submit questions, comments, requests, and concerns regarding this Privacy Policy by sending an email to: info@earsight.co. We will use commercially reasonable efforts to promptly respond to your inquiry, and/or to identify and resolve your concern.

We do not sell or share your personal information, as described in California law.

We retain your personal information for as long as reasonably necessary for the purposes disclosed in the chart above. Additional information about our retention of Student Data can be found in “Information We Collect About Students Through the Services” above of this Privacy Policy.