Privacy Policy

Introduction

Thank you for visiting the NYS Office of Information Technology Services (ITS) website. This website is designed to make it easier and more efficient for New York State citizens and businesses to learn about technology initiatives in New York State (State) government and to interact with ITS.  ITS recognizes that visitors to this website are concerned about their privacy. ITS is committed to preserving your privacy when visiting this website.

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 ITS's privacy practices regarding information collected from users of this website. This policy describes what data is collected and how that information is used.  ITS may, at its sole discretion, change modify, add, or delete portions of this policy. Because this privacy policy only applies to this website, you should examine the privacy policy of any website, including other State websites, you access through this website.

For purposes of this policy, “personal information” means any information concerning a natural person, as opposed for instance to a corporate entity, which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person. ITS only collects personal information about you when you provide that information voluntarily by sending an e-mail or by initiating an online transaction, such as a survey, registration or order form.

Information Collected Automatically When You Visit This Website

When visiting this website ITS automatically collects and stores the following information about your visit:

The Internet Protocol address and domain name of your Internet service provider. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer, which can be used to direct internet traffic to you;

The type of browser and operating system you used;

The date and time you visited this site;

The web pages or services you accessed at this site;

The URL or web site address of the web site you visited prior to coming to this website and from which any web page on this site was linked; and

If you downloaded a form, the form that was downloaded.

None of the foregoing information is deemed to constitute personal information.

This information that is collected automatically is used to improve this website's content and to help ITS understand how people are using this website. This information is collected for statistical analysis, to determine what information is of most and of least interest to our visitors, and to identify system performance or problem areas. The information is not collected for commercial marketing purposes and ITS does not sell or distribute the information collected from the website for commercial marketing purposes.

Cookies

Cookies are simple text files stored on your web browser to provide a means of distinguishing among users of this website. The use of cookies is a standard practice among Internet websites. In order to better serve you, we may use "temporary" cookies to enhance, customize or enable your visit to this web site. Temporary cookies do not contain personal information and do not compromise your privacy or security and are erased during the operation of your browser or when your browser is closed.

During your visit to this website, you may complete a registration form in order to personalize your use of the website. In such an event, we may deliver a "persistent" cookie which would be stored on your computer's hard drive. This persistent cookie will allow the website to recognize you when you visit again and tailor the information presented to you based on your needs and interests. ITS uses persistent cookies only with your permission.

The software you use to access the website allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some of the features of this website.

Information Collected When You Email this Website or Initiate an Online Transaction Through this Website

If during your visit to this website you send an email to ITS, your email address and the contents of your email will be collected. The information collected is not limited to text characters and may include audio, video, and graphic information formats you send us. The information is retained in accordance with the public record retention provisions in the State Arts and Cultural Affairs Law. Your email address and the information contained in your email will be used to respond to you, to address issues you identify, to further improve this website, or to forward your email to another agency for appropriate action. Your email address is not collected for commercial marketing purposes and ITS does not sell or distribute your email address for any purposes.

During your visit to this website you may initiate a transaction such as a survey, registration or order form. The information, including personal information, volunteered by you in initiating the transaction is used by ITS to operate ITS programs, which include the provision of goods, services and information. The information collected by ITS may be disclosed by ITS for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted by you.

Currently, ITS does not knowingly collect personal information from children or create profiles of children through this website. People are cautioned that the collection of personal information provided by any individual in an email or through an online transaction will be treated the same as information given by an adult, and may, unless exempted from access by federal or State law, be subject to public access. ITS 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.

Information and Choice

As noted above, ITS does not collect any personal information about you during your visit to this website, unless you provide that information voluntarily by sending an e-mail or initiating an online transaction such as a survey, registration, or order form. You may choose not to send us an e-mail, respond to a survey or complete an order form. While your choice not to participate in these activities may limit your ability to receive specific services or products through this website, it will not prevent you from requesting services or products from ITS by other means, and will not normally have an impact on your ability to take advantage of other features of the website, including browsing or downloading most publicly available information.

Disclosure of Information Collected Through This Website

The collection of information through this website and the disclosure of that information are subject to the provisions of the Internet Security and Privacy Act. ITS will only collect personal information through this website, or disclose such personal information, if the user has consented to the collection and disclosure of such personal information. The voluntary disclosure of personal information to ITS by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by ITS for the purposes for which the user disclosed the information to ITS, as was reasonably ascertainable from the nature and terms of the disclosure.

However, ITS may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of ITS, or necessary for ITS 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 website is subject to the provisions of the Freedom of Information Law and the Personal Privacy Protection Law. Additionally, ITS may disclose personal information to federal or State law enforcement authorities to enforce its rights against unauthorized access or attempted unauthorized access to ITS's information technology assets and any other inappropriate use of its website.

Retention of Information Collected Through this Website

The information collected through this website is retained by ITS in accordance with the records retention and disposition requirements of the New York State Arts and Cultural Affairs Law. Information on the requirements of the Arts and Cultural Affairs Law may be found at http://www.archives.nysed.gov/records/laws-arts-and-cultural-affairs-57-05. In general, the Internet services logs of ITS, comprising electronic files or automated logs created to monitor access and use of state agency services provided through this website, are retained for one year and then destroyed. Information, including personal information that you submit in an e-mail or when you initiate an online transaction such as 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 record retention and disposition schedules may be obtained through the Internet privacy policy contact listed in this policy.

Access to and Correction of Personal Information Collected Through this Website

Any user may submit a request to the ITS privacy officer to determine whether personal information pertaining to that user has been collected through this website. Any such request shall be made in writing to the address below 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 of ITS’s privacy compliance officer is: Privacy Officer, Office for Technology, State Capitol ESP, PO Box 2062, Albany, New York 12220-0062.

The privacy compliance officer shall, within five (5) business days of the date of the receipt of a proper request: (i) provide access to the personal information; (ii) deny access in writing, explaining the reasons therefore; or (iii) 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 ITS has collected personal information pertaining to a user through the state agency website, 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.

Confidentiality and Integrity of Personal Information Collected Through this Website

ITS limits employee access to personal information collected through this website to only those employees who need access to the information in the performance of their official duties. Employees who have access to this information are required to follow appropriate procedures in connection with any disclosures of personal information.

In addition, ITS has implemented procedures to safeguard the integrity of its information technology assets, including, but not limited to, authentication, monitoring, auditing and encryption. These Security measures have been integrated into the design, implementation, and day-to-day operations of this website as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.

NOTE: The information contained in this policy should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via this website. For site security purposes and to ensure that this website remains available to all users, ITS employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise cause damage to this website.

Links Disclaimer

In order to provide visitors with certain information, this website provides links to local, State and federal government agencies, and websites of other organizations. A link does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website. Once you link to another website from this website, including one maintained by the State, you are subject to the terms and conditions of that website, including, but not limited to, its privacy policy.

Information Disclaimer

Information provided on this website is intended to allow the public immediate access to public information. While all attempts are made to provide accurate, current, and reliable information, ITS recognizes the possibility of human and/or mechanical error. Therefore, ITS, its employees, officers and agents make no representations as to the accuracy, completeness, currency, or suitability of the information provided by this website, and deny any expressed or implied warranty as to the same.

Contact Information

For questions regarding this Privacy Policy please email ITS at [email protected].