Frequently Asked Questions for the Learning Management System

NCS Pearson, Inc. ("Pearson" or “We”) respects your right to privacy. This Privacy Policy explains the way that Pearson collects, uses, maintains, and discloses information collected from each user (“User” or “You”) for use in the Learning Management System website ("Site"). This Privacy Policy applies to the Site and any personally identifiable information collected by Pearson through this Site.

This Privacy Policy applies only to this Site. Other websites, including other Pearson websites linked through or to this Site, may have their own privacy policies and practices. Your use of any other website is subject to the privacy policy of that website.

The purpose of this Site is to provide district personnel and educators training and test materials used to support Texas Education Agency (“TEA”) assessment programs and capture educator interest in participating in TEA educator committees.

Pearson collects and uses personal data through this Site in accordance with, and for the purpose of fulfilling, its subcontract with Cambium Assessment, Inc., in support of their prime contract with TEA for which such personal data is collected. This Site requires the User to create an account to access available trainings using their name, email address and district/campus location, which remains visible on the Site. Pearson also collects additional personal information such as name, phone number, email, home address, gender, race, and ethnicity for the purpose of capturing User interest in participating in educator committees and to assemble diverse committee meetings. This information is captured by Pearson in the back end and is only accessible and visible by Pearson employees or authorized third parties to complete the services. The Site will use the email address to send User information or notifications.

To the extent you provide Pearson with information during the course of an inquiry, we may collect such additional information in order to respond to the inquiry. We may also share this information with the State Department of Education for the state to which this Site relates.

Subject to other provisions of this Privacy Policy and contractual obligations, Pearson will take commercially reasonable steps to maintain the confidentiality of the personal information collected and managed through this Site. For example, this Site currently uses industry-standard SSL-encryption to protect user account information and uses a secure connection to Pearson servers, which are protected by firewalls to prevent unauthorized break-ins. The administrative system and authentication mechanisms are protected through the use of SSL encryption of data transmitted via HTTP. As other security methodologies become commercially available, Pearson may change its current security systems processes or substitute these systems with other security systems or processes.

Except for the limited exceptions set forth below or as stated elsewhere in this policy, Pearson will not share with, or disclose to, third parties, user personally identifiable information collected through or in connection with this Site. Pearson may, however, disclose personally identifiable information:

• As requested or required by TEA or the User's school district;
• With consent of the individual;
• In response to subpoenas, court orders or legal process, to the extent permitted or required by law;
• To protect the security and safety or individuals, data, assets and systems, consistent with applicable laws;
• As required by law;
• In connection with the sale, joint venture, or transfer of some or all of the assets of NCS Pearson, Inc.;
• To investigate or address actual or suspected fraud or other illegal activities;
• To exercise its legal rights, including enforcement of the Terms of Use for this site or another contract; and/or
• To affiliated Pearson companies and other companies and organizations who perform work for Pearson are obligated to take appropriate commercially reasonable steps to maintain the confidentiality of such information and use it solely for the purposes specified in this Privacy Policy.

Non-personally identifiable aggregated information may be used for research and development and may be disclosed to third parties.

We may collect non-personally identifiable information about Users whenever they interact with this Site. Such non-personally identifiable information may include the browser name, the type of computer and technical information about the Users’ means of connection to our Site, such as the operating system, internet service provider and IP address (a number automatically assigned to the User’s computer by their internet service provider). This information is generally collected for system administration purposes, to monitor activity levels and for security purposes. Pearson does not link IP addresses to personal information, except that we reserve the right to link IP addresses and other non-personally identifiable information to protect the integrity of this Site, to monitor compliance with our Terms of Use and for security purposes.

We use third party web analytical services, which may include Google Analytics and Adobe Analytics, to collect anonymous visitor information, including IP addresses, browser types, referring pages, pages visited and time spent on a particular site. While these analytical services collect and report information on an anonymous basis, they may use cookies and collect IP addresses to gather web trend information. We use this web trend information for system administration and marketing purposes and to identify problems and improve service. For further information about Google Analytics, and for links to Google’s Privacy Policy and an opt-out tool for Google Analytics, go to http://www.google.com/intl/en/analytics/privacy overview.html. For further information about Adobe Analytics, for links to Adobe Analytics’ Privacy Policy and an opt-out tool for Adobe Analytics, go to http://www.adobe.com/privacy/analytics.html.

The use of cookies is a common practice for websites. Cookies are small text files that a website transfers to a computer’s browser. Cookies will provide the website with non-personally identifiable information, but does identify your computer, browser and internet specifications. This Site uses temporary cookies to personalize content and cache user preferences during their Site session. The cookies are automatically removed when the browser session is closed. Users may choose to set their web browser to refuse cookies or to alert them when cookies are being sent, but this may result in some part of this Site not functioning properly. This site does not respond to web browser “do not track” signals or comparable signals or mechanisms.

The internet is a global environment. By using this Site and sending information to us electronically, you consent to electronic transmission of any data that you may choose to supply us. Information transmissions to this Site and forms sent to us may not be secure. Given the inherent operation and nature of the internet, all internet transmissions are done at the user's own risk.

This Privacy Policy may be revised from time to time through an updated posting. Revisions are effective upon posting and continued use of this Site following posting will indicate the User’s acceptance of such changes. We encourage you to review this Privacy Policy periodically for any changes or updates.

If you have any questions or concerns about this Privacy Policy or how we handle personal information, please reach out to Texas Testing Support (TexasTestingSupport@cambiumassessment.com).

By using the Learning Management system website ("Site"), you agree to the terms and conditions listed on this page. If you do not agree to these terms and conditions of use, you are prohibited from using this Site. Pearson reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Your continued use of the Site following the posting of changes to these terms and conditions (including the Privacy Policy) will constitute your acceptance of those changes

This Site is operated by NCS Pearson, Inc. ("Pearson"). Pearson provides this Site as a service pursuant to a contract with a State Education Agency or Customer for an Assessment Program. This Site is intended for Educators. You are granted, subject to these Terms of Use, a personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site for personal and non-commercial use only. Modifications of any materials on this Site or use of the materials for any purpose other than as contemplated in this Site is a violation of Pearson's or third party copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this Site unless specifically authorized in writing by Pearson to do so.

Pearson does not guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEARSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEARSON DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. YOU AGREE TO IMMEDIATELY NOTIFY PEARSON OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PEARSON BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You may terminate your use of this Site at any time by ceasing to use this Site. Your use of this Site may also be terminated immediately by Pearson if in Pearson's sole determination you fail to comply with any term or provision of these terms and conditions.

This Site may from time to time contain links to third-party websites. It may also be linked with other websites, either with or without the consent of Pearson. In either case, the linked (or linking) websites are not under the control of Pearson and Pearson is not responsible for the content of any linked website or any link contained in a linked website. Pearson reserves the right to terminate any link or linking program at any time. Pearson does not endorse companies, institutions, organizations, or products to which it links (or is linked). If You decide to access any of the third-party websites linked to this website, or if You link to this website from some other website, You do this entirely at Your own risk.

If You link to another website, You are leaving the Pearson website. By providing this linking service Pearson is not undertaking any responsibility or liability for the information or publications of third parties on the internet even if You access them through these pages.

These terms and conditions are effective so long as You use this Site or until terminated by Pearson, either with or without cause. You may terminate Your use of this Site at any time by ceasing to use this Site. Your use of this Site may also be terminated immediately by Pearson, if in Pearson's sole determination You fail to comply with any term or provision of these terms and conditions. Upon any termination, You must destroy all materials obtained from this Site and any and all other Pearson website(s) and all related documentation, copies, and installations thereof, whether obtained or made under these terms or otherwise.

Pearson reserves the right, at its discretion, to change, modify, or remove portions of these Terms and Conditions of use at any time. The effective date and time of these terms and conditions is July 12, 2021, at 12:01 A.M. Your continued use of this Site following the posting of changes to these Terms and Conditions of Use will constitute Your acceptance to those changes.

These terms shall be governed by and construed in accordance with the laws of the State of Texas or the Fifth Circuit (for U.S. law where applicable), without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in TEXAS and you hereby consent to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Users of this Site must review and uphold the terms of the Privacy Policy found on this Site.