1. TERMS AND CONDITIONS OF USE

1. 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.




2. 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.




3. 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.




4. 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:

1. User client hostname. The hostname or Internet Protocol address of the user requesting access to a state agency web site.
2. 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.
3. HTTP header, "referrer." The referrer specifies the web page from which the user accessed the current web page.
4. System date. The date and time of the user's request.
5. Full request. The exact request the user made.
6. Status. The status code the server returned to the user.
7. Content length. The content length, in bytes, of any document sent to the user.
8. Method. The request method used.
9. Universal Resource Identifier (URI). The location of a resource on the server.
10. Query string of the URI. Anything after the question mark in a URI.
11. 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