Introduction
Thank you for visiting the State of New York (NYS) website. This website is designed to make it easier and more efficient for individuals and businesses to interact with NYS. NYS recognizes that it is critical for individuals and businesses to be confident that their privacy is protected when they visit NYS's 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 NYS's privacy practices regarding information collected from users of this website. This policy describes what information is collected and how that information is used. Because this privacy policy only applies to this website, you should examine the privacy policy of any website, including other state agency websites, that you access using this website.
For purposes of this policy, "personal information" means any information concerning a natural person, as opposed to a corporate entity, which, because of name, number, symbol, mark, or other identifier, can be used to identify that natural person. NYS 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 NYS automatically collects and stores the following information about your visit:
(i) The Internet Protocol Address and domain name used, but not the e-mail address. The Internet Protocol Address is a numerical identifier assigned either to your Internet service provider or directly to your computer;
(ii) The type of browser and operating system you used;
(iii) The date and time you visited this site;
(iv) The web pages or services you accessed at this site;
(v) The web site you visited prior to coming to this web site;
(vi) The web site you visit as you leave this web site; and
(vii) If you downloaded a form, the form that was downloaded.
None of the foregoing information is deemed to constitute personal information.
The information that is collected automatically is used to improve this website's content and to help NYS understand how users are interacting with the website. 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 website. The information is not collected for commercial marketing purposes and NYS is not authorized to sell or otherwise disclose 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. To better serve you, we use "session cookies" to enhance or customize your visit to this website. Session cookies can be created automatically on the device you use to access this state agency website. These session cookies 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 website. A session cookie is erased during operation of your browser or when your browser is closed.
If you wish, you may complete a registration to personalize this website and permit a "persistent cookie" to 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. NYS uses persistent cookies only with your permission.
The software and hardware 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 features of this website.
Information Collected When You Email this Website or Initiate an Online Transaction
During your visit to this website you may send an e-mail to NYS. 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 website, or to forward your message to another State agency for appropriate action. Your e-mail address is not collected for commercial purposes and NYS is not authorized to sell or otherwise disclose your e-mail address for commercial purposes.
During your visit to this website, you may also choose to subscribe to email or SMS (text message) communications through NYS-approved communication platforms, including Constant Contact. When you voluntarily provide your contact information (such as your name, email address, or mobile phone number) for these subscriptions, that information will be used to send you updates, announcements, alerts, event information, or other communications related to NYS programs, services, or public engagement efforts.
By opting in to receive SMS communications, you consent to receive recurring text messages. Message frequency may vary. Standard message and data rates may apply based on your mobile carrier. You may opt out of SMS communications at any time by following the unsubscribe instructions provided in the message (such as replying “STOP”), and you may opt out of email communications by using the unsubscribe link included in emails.
Information collected through these communication tools may include engagement data such as email open rates, link clicks, message delivery status, and interaction history. This information is used to improve communication effectiveness, tailor messaging, and better understand user engagement with NYS communications.
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 NYS to operate NYS programs, which include the provision of goods, services, and information. The information collected by NYS may be disclosed by NYS for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted.
NYS does not knowingly collect personal information from children or create profiles of children through this website. Users are cautioned, however, that the collection of personal information submitted in an e-mail or through an online transaction will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or State law, be subject to public access. NYS 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 online.
Information and Choice
As noted above, NYS 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 subscribe to email or SMS communications, and you may withdraw your consent at any time using the unsubscribe or opt-out mechanisms provided. Choosing not to participate in these communications will not affect your ability to access general information on this website.
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 NYS 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. NYS will only collect personal information through this website or disclose personal information collected through this website if the user has consented to the collection or disclosure of such personal information. Participation in an online transaction resulting in the disclosure of personal information to NYS by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by NYS for the purposes reasonably ascertainable from the nature and terms of the transaction.
However, NYS may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of NYS, or necessary for NYS 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.
NYS may disclose personal information to federal or state law enforcement authorities to enforce NYS's rights against unauthorized access or attempted unauthorized access to NYS's information technology assets or against other inappropriate use of this website.
NYS may utilize third-party service providers, such as Constant Contact, to facilitate the distribution of email and SMS communications. These providers are contractually obligated to safeguard personal information, use it solely for authorized governmental communication purposes, and comply with applicable privacy and security requirements. Personal information will not be sold or used for commercial marketing by such providers.
Retention of Information Collected Through this Website
The information collected through this website is retained by NYS 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 online.
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 records retention and disposition schedules may be obtained through the Internet privacy policy contact listed in this policy.
Information collected through email and SMS subscription services, including contact details and communication preferences, will be retained in accordance with applicable records retention schedules and only for as long as necessary to fulfill the communication purpose or comply with legal requirements.
Confidentiality and Integrity of Personal Information Collected Through this Website
NYS is strongly committed to protecting personal information collected through this website against unauthorized access, use, or disclosure. Consequently, NYS 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, NYS 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 website as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.
NYS and its authorized service providers implement appropriate administrative, technical, and physical safeguards to protect personal information collected through communication platforms, including protections against unauthorized access, disclosure, alteration, or destruction.
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 website.
Links
In order to provide users with certain information, NYS provides links to the websites of local, State, and federal government agencies, and to the 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 Internet privacy policy.