Third Party Web Site Links to This Web Site
Linking by third party web sites to this web site is
strictly prohibited unless the Department grants express
written consent. All requests to link to this site should
be directed to
webmaster@empire.state.ny.us.
2. PRIVACY
Definitions
The following definitions apply to, and appear in italics,
in this privacy policy:
Personal Information shall
have the meaning set forth in section 202 of the State
Technology Law.
State Agency Web site shall
have the meaning set forth in section 202 of the State
Technology Law.
User shall have the meaning
set forth in section 202 of the State Technology Law.
Introduction
Thank you for visiting the Empire State Development (“ESD”)
web sites (hereinafter referred to simply as “web site”).
The web site is designed to make it easier and more efficient
for individuals and businesses to get information from
and, in certain circumstances, to interact with ESD. ESD
recognizes the importance of protecting web site visitor’s
privacy and has taken measures to protect users
privacy with respect to visit to this web site.
Consistent with the provisions of the Internet Security
and Privacy Act, the Freedom of Information Law, and the
Personal Privacy Protection Law, this policy describes
ESD’s
privacy practices regarding information collected from
users of this web site. This policy describes what information
is collected and how that information is used. Because
this privacy policy only applies to ESD’s web site, to
you would be well advised to examine the privacy policy
of any web site, including other state
agency web sites, that you may access.
For purposes of this policy, "personal
information" means any information concerning
a natural person which, because of name, number, symbol,
mark, or other identifier, can be used to identify that
natural person. ESD does not collect any personal information
about you unless you provide that information voluntarily
by sending an e-mail, responding to a survey, or completing
an on-line transaction.
SUMMARY OF PRIVACY POLICY
ESD respects your privacy. ESD will not collect personal
identifying information about you when you visit our web
sites, unless you choose to provide us with that information.
Exceptions to this policy are when such information is
required for law enforcement investigations or in the
case of hackers, or others who might attempt to do harm
to ESD’s system. ESD will not retain “cookies” except
for what is necessary to run the system. ESD may archive
web server activity logs or related summaries at our discretion
for an indefinite period to be used to study site usage
and to aid in our efforts to improve all aspects of our
sites. ESD will retain e-mail communications long enough
to allow us to appropriately respond.
If you do submit personal information and requests via
this web site, that information may be used only by ESD
or its affiliates and only: (1) in the compilation of
data for use only by the ESD and its affiliates; or (2)
to provide you with information or materials about ESD
or New York State or to distribute prizes. This information
will not be shared with any other organization.
Where appropriate, ESD may add additional terms and conditions
of use and privacy for certain interactive events or programs.
In such circumstances, access to the additional terms
and conditions will be conspicuously displayed.
A. Information Collected Automatically When You Visit
this Web Site
When visiting this web site ESD automatically collects
and stores the following information about your visit:
- User client hostname.
The hostname or Internet Protocol address of the user
requesting access to a state
agency web site.
- HTTP header, "user
agent." The user
agent information includes the type of browser, its
version, and the operating system on which that the
browser is running.
- HTTP header, "referrer." The referrer specifies
the web page from which the user accessed the current
web page.
- System date. The date and time of the user's
request.
- Full request. The exact request the user
made.
- Status. The status code the server returned to the
user.
- Content length. The content length, in bytes, of any
document sent to the user.
- Method. The request method used.
- Universal Resource Identifier (URI). The location
of a resource on the server.
- Query string of the URI. Anything after the question
mark in a URI.
- Protocol. The transport protocol and the version used.
None of the foregoing information is deemed to constitute
personal information.
The information that is collected automatically is used
to improve this web site's content and to help ESD understand
how users are interacting
with the web site. This information is collected for statistical
analysis, to determine what information is of most and
least interest to our users,
and to improve the utility of the material available on
the web site. The information is not collected for commercial
marketing purposes and ESD is not authorized to sell or
otherwise disclose the information collected from the
web site for commercial marketing purposes.
B. Cookies
Cookies are simple text files stored on your web browser
to provide a means of distinguishing among users
of this web site. The use of cookies is a standard practice
among Internet web sites. To better serve you, we occasionally
use "session cookies" to enhance or customize
your visit to this web site. Session cookies can be created
automatically on the device you use to access this
state agency web site, and generally do
not contain personal information
and do not compromise your privacy or security. We may
use the cookie feature to store a randomly generated identifying
tag on the device you use to access this web site. Depending
upon your system settings, session cookies may be erased
during operation of your browser or when your browser
is closed.
You may be able to personalize your computer with respect
to this web site and permit a "persistent cookie"
to be stored on your computer's hard drive. If not currently
available, this option may be available in the future.
A persistent cookie would allow the web site to tailor
information presented to you based on your past needs
and interests. ESD would use persistent cookies only with
your permission.
The software and hardware you use to access the web site
allows you to refuse new cookies or delete existing cookies.
Refusing or deleting these cookies may limit your ability
to take advantage of some features of this web site.
C. Information Collected When You E-mail or Complete
a Transaction
During your visit to this web site you may send an e-mail
to ESD. Your e-mail address and the contents of your message
will be collected. The information collected is not limited
to text characters and may include audio, video, and graphic
information formats included in the message. Your e-mail
address and the information included in your message will
be used to respond to you, to address issues you identify,
to improve this web site, or to forward your message to
another State agency for appropriate action. Your e-mail
address is not collected for commercial purposes and the
ESD is not authorized to sell or otherwise disclose your
e-mail address for commercial purposes.
During your visit to this web site you may complete a
transaction such as a survey, registration, or order form.
The information, including personal
information, volunteered by you in completing
the transaction is used by ESD to operate ESD’s programs,
which include the provision of goods, services, and information.
The information collected by ESD may be disclosed by ESD
for those purposes that may be reasonably ascertained
from the nature and terms of the transaction in which
the information was submitted.
Unless for a children's contest, ESD does not knowingly
collect personal information
from children or create profiles of children through this
web site. Users are
cautioned, however, that the collection of personal
information submitted in an e-mail will always
be treated as though it was submitted by an adult or with
parental approval and supervision, and may, unless exempted
from access by federal or State law, be subject to public
access. The Agency strongly encourages parents and teachers
to be involved in children's Internet activities and to
provide guidance whenever children are asked to provide
personal information
on-line.
D. Information and Choice
As noted above, ESD does not collect any personal
information about you unless you provide that
information voluntarily by sending an e-mail, responding
to a survey, or completing an on-line form. You may choose
not to send us an e-mail, respond to a survey, or complete
an on-line form. While your choice not to participate
in these activities may limit your ability to receive
specific services or products through this web site, it
will not normally have an impact on your ability to take
advantage of other features of the web site, including
browsing or downloading information.
E. Disclosure of Information Collected Through This
Web Site
The collection of information through this web site and
the disclosure of that information are subject to the
provisions of the Internet Security and Privacy Act. ESD
will only collect personal information
through this web site or disclose personal
information collected through this web site
if the user has consented
to the collection or disclosure of such personal
information. The voluntary disclosure of personal
information to ESD by the user,
whether solicited or unsolicited, constitutes consent
to the collection and disclosure of the information by
ESD for the purposes for which the
user disclosed the information to ESD, as
was reasonably ascertainable from the nature and terms
of the disclosure.
However, ESD may collect or disclose personal
information without consent if the collection
or disclosure is: (1) necessary to perform the statutory
duties of ESD, or necessary for ESD to operate a program
authorized by law, or authorized by state or federal statute
or regulation; (2) made pursuant to a court order or by
law; (3) for the purpose of validating the identity of
the user; or (4) of
information to be used solely for statistical purposes
that is in a form that cannot be used to identify any
particular person.
Further, the disclosure of information, including personal
information, collected through this web site
is subject to the provisions of the Freedom of Information
Law and the Personal Privacy Protection Law.
ESD may disclose personal information
to federal or state law enforcement authorities to enforce
its rights against unauthorized access or attempted unauthorized
access to ESD's information technology assets.
F. Retention of Information Collected Through this
Web Site
The information collected through this web site is retained
by ESD in accordance with the records retention and disposition
requirements of the New York State Arts & Cultural
Affairs Law. Information on the requirements of the Arts
& Cultural Affairs Law may be found at http://www.archives.nysed.gov.
In general, the Internet services logs of ESD, comprising
electronic files or automated logs created to monitor
access and use of Agency services provided through this
web site, will be retained for several backup cycles and
then destroyed unless relevant audit, documentation requirements
have not been met or unless appropriate review and verification
has been completed. Information, including personal
information, that you submit in an e-mail or
when you complete a survey, registration form, or order
form is retained in accordance with the records retention
and disposition schedule established for the records of
the program unit to which you submitted the information.
Information concerning these records retention and disposition
schedules may be obtained through the Internet privacy
policy contact listed in this policy.
G. Access to/Correction of Personal Information Collected
via this Web Site
Any user may submit a request to ESD to determine whether
personal information pertaining to that user has been
collected through this web site. Any such request shall
be made in writing and must be accompanied by reasonable
proof of identity of the user. Reasonable proof of identity
may include verification of a signature, inclusion of
an identifier generally known only to the user, or similar
appropriate identification. The address to which such
requests should be made is:
