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Privacy Evaluation for Brightspace

Last updated

Overview

D2L Brightspace is learning management system ("LMS") software for online learning and teaching that helps give each student a more personalized learning experience on any mobile device, for each grade level. Brightspace's terms state that the service or other D2L offerings can be accompanied by interactive features such as chat rooms, forums, messaging and other ways to share with users of the service. The terms of Brightspace state that they adhere to the privacy principles of notice, choice, accountability for onward transfer, data integrity and purpose limitation, access, and recourse, enforcement and liability. Additionally, the terms of Brightspace state they hold many security certifications and take appropriate security measures to protect against unauthorized access and unauthorized alteration, disclosure, or destruction of data. Lastly, the terms of Brightspace state that they do not knowingly collect any personal information from individuals under the age of 13 through the company's consumer offerings or D2L general audience Web sites. However, parents and educators should be aware that the service would likely appeal to students and children under 13 years of age and therefore would be subject to COPPA and FERPA regulations. This determination takes several factors into account, including subject matter, visual content, age of models, and the activities provided.

D2L Brightspace can be accessed through its website, and is available for download at the iOS App Store, and the Google Play Store. The Privacy Policy and Terms of Use used for this evaluation can be found on Brightspace’s website, iOS App Store, and the Google Play Store. Additionally, other policies used for this evaluation include: Privacy Center, Security Statement, Cookie Policy, and GDPR Statement. This evaluation only considers policies that have been made publicly available prior to an individual using the application or service.

Safety

Brightspace's terms state that the service or other D2L offerings can be accompanied by interactive features such as chat rooms, forums, messaging and other ways to share with users of the service. The terms specify users should be aware if they post a comment on the company's blog, they can share personal information within their comment, along with the name they provide, with the general public. If there is a student data privacy agreement in place between the school and Brightspace as an enterprise user, the terms state student permissions as to what features are enabled, and who has access to those features is determined by the educational institution. Lastly, because D2L does not police or monitor users' information, if D2L receives a request directly from users for information data collection and processing, Brightspace will instruct those users to contact the educational institution.

Privacy

The terms of Brightspace state they adhere to the privacy principles of notice, choice, accountability for onward transfer, data integrity and purpose limitation, access, and recourse, enforcement and liability. The terms further specify they collect personal information which means any information about an individual who is either directly or indirectly identified by the information or could be reasonably identified by it. Additionally, the terms state if users were given access to Brightspace by an educational institution as an enterprise user or as a parent or guardian of an enterprise user, there may be additional student data privacy terms that address the collection, use, or disclosure of student information. Teachers should be aware that if they are using Brightspace as an enterprise user, they are responsible for ensuring that the system is configured to properly restrict access to student information in accordance with their own school or district policies.

Additionally, the terms state Brightspace uses data for learning only, not for advertising. The terms state there are no ads in the Brightspace platform and they do not collect, track, target, use, or sell learner data for advertising or marketing purposes, or to create advertising profiles.

Security

The terms of Brightspace state they hold many security certifications and take appropriate security measures to protect against unauthorized access and unauthorized alteration, disclosure, or destruction of data. The terms further specify these include internal reviews of Brightspace's data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where the service stores personal information. However, the terms do not disclose whether they provide notification to users in the event of a data breach.

Compliance

The terms of Brightspace state they do not knowingly collect any personal information from individuals under the age of 13 through the company's consumer offerings or D2L general audience Web sites. However, parents and educators should be aware that the service would likely appeal to students and children under 13 years of age and therefore would be subject to COPPA and FERPA regulations. This determination takes several factors into account, including subject matter, visual content, age of models, and the activities provided.

Additionally, the terms state the service provides users the ability to access, modify, and delete personal information form the service, but they may need to contact their educational institution to fulfill the request. The terms state if an educational institution is a school in the United States, Brightspace's provision of services may involve providing access to student education records subject to the US Family Educational Rights and Privacy Act (FERPA). However, the terms specify the service will not use student education records for any purpose other than to perform student data privacy agreements with schools or districts. Lastly, under FERPA, the terms state the service is deemed a “school official” to the extent they have access to student education records.

Rating

This product received a Warning rating based on the following details:
  • Personal information is not sold or rented to third parties.
  • Personal information is not shared for third-party marketing.
  • Personalised advertising is displayed.
  • Data are not collected by third-parties for their own purposes.
  • User's information is not used to track and target advertisements on other third-party websites or services.
  • Data profiles are not created and used for personalised advertisements.
Data Collection
SCORE: 50%

What data does it collect?

  • Personally identifiable information (PII) is collected.
  • The categories of collected personally identifiable information are indicated.
  • Unclear whether the collection or use of data is limited to product requirements.
  • Geolocation data are collected.
  • Biometric or health data are collected.
  • Interactions, behaviors, or usage analytics data are collected.
  • Sensitive data are collected.
  • Data is automatically collected.
  • Opt-in consent is not requested from users at the time personal information is collected.
  • Personal information of users is collected by a third party.
Data Sharing
SCORE: 80%

What data does it share?

  • Collected information is shared with third parties.
  • The categories of information shared with third parties are indicated.
  • The purpose for sharing a user's personal information with third parties is indicated.
  • The categories of third parties that receive data are indicated.
  • Data are shared for analytics.
  • Data are shared for research and/or product improvement.
  • Third-party services are used to support the product.
  • The roles of third-party service providers are indicated.
  • Unclear whether this product supports third-party login.
  • Contractual limits are placed on third-party data use.
Data Security
SCORE: 65%

How does it secure data?

  • A user's identity is verified with additional personal information.
  • Account creation is required.
  • Managed accounts are available.
  • Unclear whether multi-factor account protection is available.
  • Unclear whether third-parties with access to information are required to provide the same security protections as the company.
  • Reasonable security practices are used to protect data.
  • Employee or physical access to user information is limited.
  • All data in transit are encrypted.
  • All data are stored in an encrypted format.
  • Unclear whether this product provides notice in the event of a data breach.
Data Rights
SCORE: 85%

What rights do I have to the data?

  • Users can create or upload content.
  • Unclear whether users retain ownership of their data.
  • Processes to access or review user data are available.
  • Processes to modify data are available for authorized users.
  • A data-retention policy is available.
  • Processes for authorized users to delete data are available.
  • A user's data are deleted upon account cancellation or termination.
  • Data are deleted when no longer necessary.
  • Methods are available to restrict who has access to data.
  • Processes to download user data are available.
Data Sold
SCORE: 40%

Is the data sold?

  • Personal information is not sold or rented to third parties.
  • Users can opt out from the disclosure or sale of their data to a third party.
  • User information can be transferred to a third party in the event of a merge, acquisition, or bankruptcy.
  • Unclear whether users are notified if their information is transferred to a third party.
  • Unclear whether user information can be deleted prior to its transfer to a third party.
  • Third-party transfer is contractually required to use the same privacy practices.
  • Unclear whether user information that is shared is shared in an anonymous or de-identified format.
  • Unclear whether the company describes their de-identification process of user information.
  • Data are shared for research and/or product improvement.
  • Unclear whether contractual limits prohibit third parties from reidentifying or de-identified information.
Data Safety
SCORE: 45%

How safe is this product?

  • Users can interact with trusted users.
  • Users can interact with untrusted users, including strangers and/or adults.
  • Profile information must be shared for social interactions.
  • Personal information can be displayed publicly.
  • Users can control how their data are displayed to others.
  • User-created content is not reviewed, screened, or monitored by the company.
  • Unclear whether user-created content is filtered for personal information before being made publicly visible.
  • Social interactions between users are not moderated.
  • Unclear whether social interactions of users are logged.
  • Unclear whether users can report abuse or cyberbullying.
Ads & Tracking
SCORE: 85%

Are there advertisements or tracking?

  • Personal information is not shared for third-party marketing.
  • Traditional or contextual advertisements are not displayed.
  • Personalised advertising is displayed.
  • Data are not collected by third-parties for their own purposes.
  • User's information is not used to track and target advertisements on other third-party websites or services.
  • Data profiles are not created and used for personalised advertisements.
  • The company can send marketing messages.
  • The company does provide promotional sweepstakes, contests, or surveys.
  • Users can opt out of contextual, or personalised advertising.
  • Users can opt out or unsubscribe from marketing communications.
Parental Consent
SCORE: 50%

Can I provide parental consent?

  • Intended for children under 13.
  • Unclear whether this product collects personal information from children under 13 years of age.
  • Intended for parents or guardians.
  • Company does not have actual knowledge that personal information from users under 13 years of age is collected.
  • The company does provide a section, heading, or separate policy for children in their policies.
  • Parental consent is required before personal information is collected or disclosed.
  • Unclear whether this product limits parental consent with respect to third parties.
  • Unclear whether this product allows parents to withdraw consent for the further collection of their child's information.
  • Unclear whether this product deletes children's personal information if collected without parental consent.
  • Unclear whether this product provides parental consent notice and method for submission.
School Purpose
SCORE: 75%

Is the product intended for school?

  • Intended for students.
  • Personal information or education records are collected from preK-12 students.
  • Unclear whether intended for teachers.
  • Product is primarily used by, designed for, and marketed toward students in grades preK–12.
  • Processes to enter education records into the product are described.
  • Additional rights or protections may be provided with an additional school contract.
  • Company is designated as a school official.
  • Parental consent obligations are transferred to the school or district.
Individual Control
SCORE: 50%

Can I control the use of my data?

  • Users can control the use of their information through privacy settings.
  • Use of information is limited to the purpose for which it was collected.
  • The context or purpose for which data are collected is indicated.
  • Unclear whether company may combine data with additional data from third-party sources.
  • Unclear whether this product treats combined information as personally identifiable information (PII).
  • Notice is provided if the context in which data are collected changes.
  • Consent is obtained if the practices in which data are collected change.
  • Unclear whether a grievance or remedy mechanism is available for users to file a complaint.
  • Unclear whether users can request to know what personal information has been shared with third parties.
  • Unclear whether notice is provided in the event the company receives a government or legal request for a user's information.

Common Sense Standard Privacy Report (SPR)

The standard privacy report (SPR) displays all the privacy practices from a product's policies in a single, easy-to-read outline. The report shows a green check mark for better privacy practices and an orange alert for risky or unclear practices. This alert indicates that more time should be focused on these particular details prior to use.

About Privacy Evaluations

The privacy evaluations have been designed with the help and support of a consortium of schools and districts across the United States. These evaluations are designed to help educators make informed decisions about the potential privacy implications of educational technology used to support teaching and learning.

Our core evaluation criteria will always be freely available. People are encouraged to read the questions we use and our information security primer. Vendors are encouraged to use our questions and the information security primer to self-evaluate. You can also learn more about our evaluation process. Please be in touch with any questions or feedback.