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
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.
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 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:
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:
