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1. TERMS AND CONDITIONS OF USE
- 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
pstoj@empire.state.ny.us. 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.
- 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.
- 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.
- 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
pstoj@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:
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
tregan@empire.state.ny.us
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