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.

Overall Score

Every privacy rating includes an overall score. A higher score (up to 100%) means the product provides more transparent privacy policies with better practices to protect user data. The score is best used is as an indicator of how much additional work a person will need to do to make an informed decision about a product.

Basic ScoreFull Score
Comprehensive Assessment8259

Concerns

The privacy evaluation process summarizes the policies of an application or service into concern categories based on a subset of evaluation questions that can be used to quickly identify particular practices of a vendor’s policies. These concerns are composed of evaluation questions that can be used to calculate scores relative to that concern.

ConcernBasic ScoreFull Score
Data Collection: Protecting personal information5050
Data Sharing: Protecting data from third parties10080
Data Security: Protecting against unauthorized access6765
Data Rights: Controlling rights to data8885
Data Sold: Preventing sale of data7540
Data Safety: Promoting responsible use6745
Ads & Tracking: Prohibiting the exploitation of users' decision making process8685
Parental Consent: Protecting children’s personal information10050
School Purpose: Following student data privacy laws10075
Individual Control: Controlling data useNA50

Statutes

Each statute or regulation is associated with one or more evaluation questions. As such, we can calculate scores for each statute or regulation using only those questions associated with the statute or regulation. Each specific statute or regulation's score serves as an indirect proxy indicating the likelihood of the application or service satisfying all of its compliance obligations.

StatuteBasic ScoreFull Score
California Online Privacy Protection Act (CalOPPA)9475
Children's Online Privacy Protection Act (COPPA)8165
Family Educational Rights and Privacy Act (FERPA)8162
Student Online Personal Information Protection Act (SOPIPA)8870
General Data Protection Regulation (GDPR)8375

Privacy Policy Details

1: Transparency

1.1: Policy Version
  • Privacy policies do indicate a version or effective date.
  • Privacy policies do not indicate a change log or past policy version is available.
1.2: Policy Notice
  • Users are notified if there are any material changes to the policies.
  • Privacy policies indicate the method used to notify a user when policies are updated.
1.3: Policy Changes
  • Users are not notified prior to any material changes to the policies.
  • Unclear whether changes to the policies are effective immediately and continued use of the product indicates consent.
1.4: Policy Coverage
  • Privacy policies indicate the products that are covered by the policies.
1.5: Privacy Contact
  • Users can contact the company about any privacy policy questions, complaints, or material changes to the policies.
1.6: Policy Principles
  • Privacy policies do not indicate any privacy principles, layered notices, or a table of contents.
1.7: Policy Language
  • Privacy policies are not available in multiple languages.
1.8: Intended Use
  • Intended for children under 13.
  • Intended for teens.
  • Intended for adults over 18.
  • Intended for parents or guardians.
  • Intended for students.
  • Unclear whether intended for teachers.

2: Focused Collection

2.1: Data Collection
  • Personally identifiable information (PII) is collected.
  • The categories of collected personally identifiable information are indicated.
  • 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.
2.2: Data Source
  • Personal information or education records are collected from preK-12 students.
  • Unclear whether this product collects personal information from children under 13 years of age.
2.3: Data Excluded
  • Unclear whether specific types of personal information excluded from collection.
  • Specific types of collected information are excluded from the privacy policy.
2.4: Data Limitation
  • Unclear whether the collection or use of data is limited to product requirements.

3: Data Sharing

3.1: Data Shared With Third Parties
  • Collected information is shared with third parties.
  • The categories of information shared with third parties are indicated.
3.2: Data Use by Third Parties
  • The purpose for sharing a user's personal information with third parties is indicated.
  • Data are shared for analytics.
  • Data are shared for research and/or product improvement.
  • Personal information is not shared for third-party marketing.
3.3: Data Not Shared With Third Parties
  • Specific categories of information are not shared with third parties.
3.4: Data Sold to Third Parties
  • Personal information is not sold or rented to third parties.
3.5: Third-Party Data Acquisition
  • Personal information about users is obtained from third parties.
3.6: Third-Party Links
  • Unclear whether links to third-party external websites are age-appropriate.
3.7: Third-Party Data Access
  • Third parties are authorized to access a user's information.
3.8: Third-Party Data Collection
  • Personal information of users is collected by a third party.
3.9: Third-Party Data Misuse
  • Unclear whether personal information can be deleted from a third party.
3.10: Third-Party Service Providers
  • Third-party services are used to support the product.
  • The roles of third-party service providers are indicated.
3.11: Third-Party Affiliates
  • The categories of third parties that receive data are indicated.
3.12: Third-Party Policies
  • Unclear whether links to privacy policies of third-party companies are available.
3.13: Third-Party Data Combination
  • Unclear whether company may combine data with additional data from third-party sources.
  • Unclear whether data shared with third parties can be combined with other data.
3.14: Third-Party Authentication
  • Unclear whether this product supports third-party login.
  • Unclear whether personal information from third-party login providers is collected.
  • Unclear whether personal Information is shared with third-party login providers.
3.15: De-identified or Anonymized Data
  • 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.
3.16: Third-Party Contractual Obligations
  • Contractual limits are placed on third-party data use.
  • Unclear whether contractual limits prohibit third parties from reidentifying or de-identified information.

4: Respect for Context

4.1: Data Use
  • Use of information is limited to the purpose for which it was collected.
  • The context or purpose for which data are collected is indicated.
4.2: Data Combination
  • Unclear whether this product treats combined information as personally identifiable information (PII).
4.3: Data Notice
  • Notice is provided if the context in which data are collected changes.
4.4: Data Changes
  • Consent is obtained if the practices in which data are collected change.
4.5: Policy Enforcement
  • Accounts may be terminated if users engage in any prohibited activities.

5: Individual Control

5.1: User Content
  • Users can create or upload content.
5.2: User Consent
  • Opt-in consent is not requested from users at the time personal information is collected.
5.3: Remedy Process
  • Unclear whether a grievance or remedy mechanism is available for users to file a complaint.
5.4: Data Settings
  • Users can control the use of their information through privacy settings.
5.5: Data Disclosure
  • Users can opt out from the disclosure or sale of their data to a third party.
  • 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.
5.6: Intellectual Property
  • Unclear whether users retain ownership of their data.
  • Unclear whether a copyright license is claimed to data or content collected from a user.
  • Unclear whether any copyright license to a user's data is limited in scope or duration.

6: Access and Accuracy

6.1: Data Access
  • Processes to access or review user data are available.
  • Methods are available to restrict who has access to data.
  • Processes to review student data are available for the school, parents, or students.
6.2: Data Integrity
  • The company does not attempt to maintain the accuracy of data they collect.
6.3: Data Correction
  • Processes to modify data are available for authorized users.
  • Processes for the school, parents, or students to modify inaccurate student information are available.
  • The time period for the company to modify inaccurate data is indicated.
6.4: Data Retention
  • A data-retention policy is available.
  • Exceptions to the data retention policy exist.
6.5: Data Deletion
  • Data are deleted when no longer necessary.
  • A user's data are deleted upon account cancellation or termination.
  • Processes to delete user data are available.
  • Processes for authorized users to delete data are available.
  • The time period for the company to delete data is indicated.
6.6: Data Portability
  • Processes to download user data are available.
  • Unclear whether a user can assign an authorized account manager or legacy contact.

7: Data Transfer

7.1: Data Handling
  • User information can be transferred to a third party in the event of a merge, acquisition, or bankruptcy.
  • Unclear whether notice is provided to users if the company assigns its rights or delegates its duties to another company.
  • Unclear whether users are notified if their information is transferred to a third party.
7.2: Transfer Request
  • Unclear whether user information can be deleted prior to its transfer to a third party.
7.3: Onward Contractual Obligations
  • Third-party transfer is contractually required to use the same privacy practices.

8: Security

8.1: User Identity
  • A user's identity is verified with additional personal information.
8.2: User Account
  • Account creation is required.
  • Managed accounts are available.
  • Unclear whether multi-factor account protection is available.
8.3: Third-Party Security
  • Unclear whether third-parties with access to information are required to provide the same security protections as the company.
8.4: Data Confidentiality
  • Reasonable security practices are used to protect data.
  • Employee or physical access to user information is limited.
8.5: Data Transmission
  • All data in transit are encrypted.
8.6: Data Storage
  • All data are stored in an encrypted format.
  • The company is clear what jurisdiction a user's personal information is subject to.
8.7: Data Breach
  • Unclear whether this product provides notice in the event of a data breach.
8.8: Data Oversight
  • Data-privacy and/or security-compliance audits are performed.

9: Responsible Use

9.1: Social Interactions
  • 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.
9.2: Data Visibility
  • Personal information can be displayed publicly.
  • Users can control how their data are displayed to others.
9.3: Monitor and Review
  • 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.
9.4: Report Content
  • Unclear whether users can filter or block inappropriate content.
  • Unclear whether users can report abuse or cyberbullying.
9.5: Internet Safety
  • Unclear whether the company provides links to resources that support safe and appropriate social interactions.

10: Advertising

10.1: Vendor Communications
  • A user can receive service- or administrative-related communications from the company.
10.2: Traditional Advertising
  • Traditional or contextual advertisements are not displayed.
10.3: Behavioral Advertising
  • Personalised advertising is displayed.
10.4: Ad Tracking
  • 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.
10.5: Filtered Advertising
  • Unclear whether ads displayed to children are filtered for inappropriate content.
10.6: Marketing Communications
  • The company can send marketing messages.
  • The company does provide promotional sweepstakes, contests, or surveys.
10.7: Unsubscribe
  • Users can opt out of contextual, or personalised advertising.
  • Users can opt out or unsubscribe from marketing communications.
10.8: Do Not Track
  • Unclear whether this product responds to "Do Not Track" or other opt-out mechanisms.
  • Unclear whether the company provides a method for users to opt-out from third-party tracking.

11: Compliance

11.1: Children Under 13
  • 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.
  • Unclear whether this product restricts or prohibits account creation for users under 13 years of age.
11.2: Students in K–12
  • 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.
11.3: Parental Consent
  • 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.
  • Parental consent obligations are transferred to the school or district.
11.4: Legal Requirements
  • The legal jurisdiction that applies to the laws governing the policies is indicated.
  • A user is not required to waive the right to a jury trial, or settle any disputes by arbitration.
  • Unclear whether a user is required to waive the right to join a class action lawsuit.
  • A company will disclose personal information to law enforcement.
11.5: Certification
  • The company has signed a privacy pledge or received a privacy certification.
11.6: International Laws
  • A user's data are subject to International data transfer or jurisdiction laws.
  • The company has indicated it is a Data Controller or Data Processor.