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1. TERMS AND CONDITIONS OF USE
A. All Content on ESD Web Sites is
Proprietary and Is Protected by Law, Including
the Copyright and Intellectual Property Laws
Software, documentation, electronic text and
image files, audio and video clips and all other
content on this web site are proprietary and are
protected by copyright and intellectual property
laws and may be covered by other restrictions as
well. The New York State Department of Economic
Development retains all rights, including
copyright, in data, image, text, and any other
information contained in this site or its files.
Copyrights and other proprietary rights in the
material on this site may also subsist in
individuals and entities other than, and in
addition to, the Department. The Department
expressly prohibits the copying of any protected
materials on this site without written
permission. Permission from the Department for
such use is granted on a case by case basis at
the sole discretion of the Department. All
requests should be directed to
webmaster@esd.ny.gov. For use of
copyrights and other proprietary rights that may
subsist in third parties other than and in
addition to the Department, those third parties
must also be contacted directly for permission
to copy and use their protected materials.
B. Disclaimer of Liability
The New York State Department of Economic
Development provides this web site as a public
service for informational purposes. In providing
information on this site, the Department has
attempted to be as accurate, complete and timely
as possible. However, the Department makes no
claims, guarantees or promises about the
accuracy, currency, or completeness of the
information provided. In no event shall the
Department be liable for any errors or omissions
with respect to any information on this site.
Users are solely responsible for compliance with
the copyright and intellectual property laws
with respect to use of any and all information
gained from this site or links available on or
through this web site.
C. Links to Third Party Web Sites and
Third Party Transactions
This web site provides links to sites of
government agencies and other organizations
maintained by third parties. A link does not
constitute an endorsement, express or implied,
of the content, viewpoint, accuracy, opinions,
policies, products, services, or accessibility
of that web site. Links to third-party web sites
are provided as a convenience to the user; the
Department does not control, endorse or
recommend their content. Once you link to
another web site from this web site, including
one maintained by the State of New York, you are
subject to their terms and conditions of that
web site. The third party web sites and users of
those sites are solely responsible for
compliance with the copyright and intellectual
property laws and the compilation and use of any
and all information on the third party web site.
The Department does not assure the accuracy of
any information provided by a third party that
is available on the Department’s web sites,
including representations available through the
“accommodations” page or representations made by
local organizations or private businesses.
The Department has no responsibility relating to
any transactions undertaken or contractual
relationships entered into between third parties
through or as a result of links to third party
web sites or representations made on or through
the Department’s web sites, including
representations available through the
“accommodations” page.
D. 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@esd.ny.gov.
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:
I.
User client hostname. The hostname
or Internet Protocol address of the
user
requesting access to a
state agency web site.
II. 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.
III. HTTP header, "referrer." The referrer
specifies the web page from which the
user
accessed the current web page.
IV. System date. The date and time of the
user's
request.
V. Full request. The exact request
the user
made.
VI. Status. The status code the server
returned to the user.
VII. Content length. The content length, in
bytes, of any document sent to the
user.
VIII. Method. The request method used.
IX. Universal Resource Identifier
(URI). The location of a resource on the server.
X. Query string of the URI.
Anything after the question mark in a URI.
XI. 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:
Counsel’s Office
Empire State Development
30 South Pearl Street
Albany, N.Y. 12445
Within five (5) business days of the receipt of a
proper request ESD will attempt to provide a
response or access to the
personal information; deny access in
writing, explaining the reasons therefore; or
acknowledge the receipt of the request in writing,
stating the approximate date when the request will
be granted or denied, which date shall not be more
than thirty (30) days from the date of the
acknowledgment.
In the event that ESD has collected
personal information
pertaining to a user
through the state agency
web site and that information is to be
provided to the user
pursuant to the user's
request, the privacy compliance officer shall inform
the user of his
or her right to request that the
personal information
be amended or corrected under the procedures set
forth in section 95 of the Public Officers Law.
H. Confidentiality & Integrity of Personal
Information
ESD is strongly committed to protecting
personal information
collected through this web site against unauthorized
access, use or disclosure. Consequently, ESD limits
employee access to personal
information collected through this web
site to only those employees who need access to the
information in the performance of their official
duties. Employees who have access to this
information follow appropriate procedures in
connection with any disclosures of
personal information.
In addition, ESD has implemented procedures to
safeguard the integrity of its information
technology assets, including, but not limited to,
authentication, monitoring, auditing, and
encryption. These security procedures have been
integrated into the design, implementation, and
day-to-day operations of this web site as part of
our continuing commitment to the security of
electronic content as well as the electronic
transmission of information.
For web site security purposes and to maintain the
availability of the web site for all users, the
Agency employs software to monitor traffic to
identify unauthorized attempts to upload or change
information or otherwise damage this web site.
I. Privacy Policy Disclaimer
The information provided in this privacy policy
should not be construed as giving business, legal,
or other advice, or warranting as fail proof, the
security of information provided through this web
site.
J. Contact Information
For questions regarding this Internet privacy
policy, please contact:
Counsel’s Office
Empire State Development
30 South Pearl Street
Albany, N.Y. 12445
518-292-5120
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