SANDI Privacy Policy

Updated: October 1, 2024

Lakeshore Learning Materials, LLC, operates SANDI, the Student Annual Needs Determination Inventory educational software located at www.sandi-online.com. We are committed to protecting the privacy of personal information we collect or generate through SANDI. This Privacy Policy (“Policy”) describes our policies and practices for collecting, using, disclosing and safeguarding this information.

Please read this Policy carefully, along with any other privacy notices we or your school district provides. This Policy includes additional information and any rights you may have under state privacy laws, to the extent applicable.

By accessing and using SANDI, you are a “SANDI User” and consent to the collection, use and disclosure of information as described in this Policy.

Categories of Personal Information or Data Collected

We may collect or may have collected in the preceding 12 months the following categories of personal information about SANDI Users, their students and students’ parents/guardians.

SANDI Users:

Identifiers including your name, email address, username and password, associated school and classes, and IP address.

Internet or Other Electronic Network Activity Information including activity on SANDI, IP address, chat logs, operating system and platform, browser type and version, time zone setting, browser plug-in types and versions, data provider and referring URL.

Geolocation Data such as your location information while using SANDI.

Audio, Electronic, Visual or Similar Information such as emails, voice messages and message board communications.

Professional and Employment-Related Information including, without limitation, your employer/school district, job title or role.

Sensitive Personal Information including precise geolocation (i.e., IP address) and contents of your mail, email, chats and text messages (unless we are the intended recipient of the communication).

Students:

Identifiers and other Personal Information including student name and ID number, address, date of birth, gender, parent/guardian name and related information.

Characteristics of protected classifications under California or federal law including gender, and medical- or disability-related information.

Education Information that is not publicly available and personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99). This may include, without limitation, proficiency assessments, ELL data, EIP data, grade level and student work samples.

Audio, Electronic, Visual or Similar Information including, without limitation, audio, photos or video footage of a student input by a SANDI User.

Sensitive Personal Information including information relating to race/ethnicity, citizenship or immigration status and health data.

Inferences drawn from any of the information identified above to create a profile about the student or for purposes of generating a proficiency assessment or identifying strengths and areas of need.

Parents/Guardians:

Identifiers and other Personal Information including name, address and related contact information.

Sensitive Personal Information including contents of a parent/guardian email or text message (unless we are the intended recipient of the communication).

We may combine certain information we collect about a student with information on their school, or associate information about a school employee, parent or guardian with student information.

Embedded Content

The Service contains embedded content (e.g., videos). Embedded content may place third-party cookies on your device that track your online activity to enhance your experience or assess the success of their application. We have no direct control over the information these cookies collect, and you should refer to their website privacy policy for additional information.

Controlling cookies. You may control cookies, including preventing or stopping the installation and storage of cookies, through your browser settings and other tools. Most browsers will allow you to block or refuse cookies. However, you may need to manually adjust your preferences each time you visit a site. For more information, see the Help section of your browser.

How We Use Personal Information. We use the information we collect to operate SANDI, carry out our business, comply with laws and for other purposes described herein.

For example, we may use personal information in the following ways:

To enable use of SANDI;
To generate, provide and store student proficiency assessments and historical data;
To communicate with SANDI Users, including responding to requests for technical support or content questions, responding to teacher input, sending messages about the availability of SANDI or for other service-related issues;
To operate and manage SANDI;
For everyday business purposes such as research and product development, contract management and performance, analytics, quality control, customer service, I.T. support, website administration, security, fraud prevention, corporate governance, and reporting and legal compliance; or
To carry out our obligations and enforce our rights including those arising from any contracts entered into between the school district and us.

We may also use this personal information:

With your consent or at your direction;
To facilitate the rights of a parent/guardian with respect to the student’s information or assessment;
To protect our interests and legal rights, such as conducting an investigation, responding to subpoenas, and defending litigation;
To respond to law enforcement requests and as required by applicable law, court order, governmental regulations or other lawful processes; or
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. Any operator or successor entity shall be obligated to comply with applicable law regarding previously acquired student information.

We do not sell or rent personal information collected through SANDI.

Sources of Personal Information. We collect personal information from the following sources, where permitted by applicable law.

The SANDI User. We may collect personal information directly from the SANDI User (i.e., data you input), when the SANDI User sends an email, contacts us by phone, or otherwise communicates or interacts with us. We may also collect information automatically from the SANDI User when they access or use SANDI.
Third parties. We may collect personal information from third parties such as school administrators or other personnel, parents/guardians or other third-party sources that are lawfully entitled to share your personal information with us. This may include service providers or contractors who collect or process personal information on our behalf.

Disclosures. To carry out the purposes outlined above, we may disclose personal information to the following categories of third parties:

Our related entities and affiliates.
Service providers/contractors (e.g., I.T. services support, data storage, platform hosting, security and fraud prevention). We may also authorize our service providers to collect personal information on our behalf.
School administrators or other personnel.
Professional advisors (e.g., lawyers, auditors, accountants, consultants).
Government entities (e.g., regulatory agencies, law enforcement).
“Other third parties” for compliance with a federal, state or local law or compliance with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by federal, state or local authorities; to conduct an investigation, or to exercise or defend a legal claim.
Third parties obligated to comply with applicable law regarding previously acquired student information, with respect to the evaluation of or performance of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control or acquires all or part of the assets of our business.

We may disclose or may have disclosed in the preceding 12 months the following categories of personal information to these categories of third parties, as described above:

Categories of Personal Information	Categories of Third Parties to Whom Disclosed
Identifiers	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Protected Classifications	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Internet or Other Electronic Network Activity	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Geolocation Data	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Audio, Electronic, Visual or Similar Information	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Education Information	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Professional and Employment Information	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Sensitive Personal Information	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition
Inferences Drawn from Personal Information	our related entities and affiliates service providers/contractors school administrators/other personnel professional advisors government entities “other third parties” third parties with respect to an acquisition

Parent Access Requests. Parents of students may inspect, obtain a copy or correct the personal information that we collect or maintain on their child by submitting a request to their school.

Links to Third Parties’ Sites and Third-Party Integrations. We may provide links to websites or resources outside of SANDI for your informational purposes only. We may also provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with SANDI to provide you with additional functionality, tools or services.

You acknowledge and agree we are not responsible for the availability of third-party sites, resources or integrations, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such sites, resources or integrations. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of personal information that you provide, or that is collected by, such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.

Retention. We retain your personal information for as long as necessary to achieve the purpose for which it was collected. We may retain your personal information for longer as necessary to comply with our legal or reporting obligations, to satisfy our legitimate business needs (e.g., to resolve disputes, to enforce our legal agreements and policies) or as otherwise permitted or required by applicable law. We may also retain your personal information in a de-identified or aggregated form so it can no longer be associated with you.

To determine the appropriate retention period for your personal information, we consider various factors such as the amount, nature and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we collect or process your personal information; and any applicable legal requirements.

Protecting Your Personal Information. We have implemented a security program that contains administrative, technical and physical controls that are designed to reasonably safeguard your data from unlawful use, unauthorized access or disclosure; however, no system for safeguarding personal or other information is 100% secure. There is no guarantee that data may not be accessed, disclosed, altered or destroyed by breach of any of our administrative, physical or technical safeguards.

Where We Store Your Personal Data. We generally store the personal information that you provide to us on servers located in the United States.

Applicable Law. This Policy is governed by the internal substantive laws of California, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within California. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.

State Rights. This section supplements and amends the information contained in the Policy in accordance with state consumer data protection laws regarding the collection, use and disclosure of personal information, where applicable and not preempted by federal law.

Capitalized terms used in this section shall have the meanings set forth in the applicable state consumer data protection law. The other provisions of this Policy continue to apply except as modified by the state-specific provision applicable to you.

Except with respect to California residents, this Policy does not apply to Personal Information or Data we obtain about you in a commercial or employment context.

Selling and Sharing Personal Information.

We do not:

Sell or Share the categories of Personal Information or Data we collect about you;
Have actual knowledge that we Sell or Share the Personal Information or Data of individuals under the age of 16 years;
Process your Personal Information or Data for Targeted Advertising;
Process your Personal Information or Data for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning you; or
Use or disclose the Sensitive Personal Information of California residents for purposes that, with limited exceptions, are not necessary for the purpose for which we collect it, or as reasonably expected by an average individual in this context, or for other permitted purposes under the California Consumer Privacy Act (“CCPA”) or as authorized by regulation.

Individual Rights. Depending on the applicable state consumer data protection law applicable to you, you may have some or all of the following rights with respect to the Personal Information or Data we collect about you, subject to certain limitations.

Right to Know About, Confirm Processing or Access the Personal Information or Data We Collect. You may have the right to know about the type of Personal Information or Data we collect about you and whether we process it, and you can request access to such Personal Information or Data.

For California residents, this includes the right to request additional information beyond what we have disclosed above regarding the following, to the extent applicable:

The categories of Personal Information we collected about you;
The categories of sources from which that Personal Information was collected;
The business or commercial purposes for which that information was collected, Sold, or Shared;
The categories of third parties to whom the information was disclosed; and
The specific pieces of Personal Information collected.

Right to Request Deletion of Your Personal Information or Data. You may have the right to request that we delete the Personal Information or Data we collected or maintain about you. Once we receive your request, we will let you know what, if any, Personal Information or Data we can delete from our records.

Right to Request Correction. You may have the right to request that we correct any inaccurate Personal Information or Data we maintain about you, taking into account the nature of that information and purpose for processing it.

Right to Obtain a Copy or Port. In certain circumstances, you may have the right to obtain a copy of your Personal Information or Data, to the extent technically feasible, in a portable and readily usable format.

Withdraw Your Consent. Where we process your Personal Information or Data based on your consent, you may withdraw it; however, please note that we may be unable to provide certain services or features of SANDI.

We will not discriminate or retaliate against you for exercising any of the rights described above.

Submitting a Rights Request. To exercise one of your rights, please contact us at legal@lakeshorelearning.com.

Verifiable Requests. We reserve the right to only respond to verifiable requests that are submitted as instructed. A verifiable request is one made by any individual who is:

the subject of the request;
an individual on behalf of the individual’s minor child; or
the authorized agent of the individual.

If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of the individual. In general, we may ask you to provide identifying information that we already maintain about you, or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal information to verify your identity. We may not be able to respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. However, making a verifiable request does not require you to create an account with us.

Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess and respond. We will not use the personal information we collect from an individual to determine a verifiable request for any other purpose, except as required or permitted by law.

We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension.

If you are located in a state that permits a right to appeal our refusal of your rights request, you may appeal our decision by contacting us at legal@lakeshorelearning.com.

Authorized Agents. In certain circumstances, you may authorize a natural person or a business (the Agent) to act on your behalf. The Agent must provide proof that you gave the Agent signed permission to submit the request, and you either must (i) verify your own identity with the business or (ii) directly confirm with us that you provided permission to the Agent. We reserve the right to deny requests from persons or businesses claiming to be authorized Agents that do not submit sufficient proof of their authorization. Please note that the types of rights an Agent can exercise will vary by state.

Updates. We reserve the right to amend this Notice at any time without advance notice.

Contact us. Please contact us at legal@lakeshorelearning.com with any questions about this Policy or your personal information or student information.