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Adam Clayton Powell, Jr.
State Office Building
163 West 125th Street
New York, NY 10027
Telephone 212.961.4100
Fax 212.961.4143
Policies and Disclaimers
©2003 Harlem Community Development Corporation
A subsidiary of:
1-800-STATE-NY
(1-800-782-8369)
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Policies and Disclaimers
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
518-292-5120
tregan@empire.state.ny.us
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