Terms & Conditions
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 firstname.lastname@example.org. 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 email@example.com.
If you have any questions or concerns about the accessibility of any part of this Web site please contact us via email at firstname.lastname@example.org.
- 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.
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.
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.
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.
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
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 625 Broadway, 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. Sharing and Uploading Images
By uploading an image, you grant New York State, NYS Department of Economic Development and Empire State Development a royalty-free, transferable, worldwide, non-exclusive license to use, modify, copy, post and publish the images, recordings or materials in perpetuity for its commercial use, including, but not limited to, use in all forms of media and advertising.
By providing us with access to your photo sharing program or by uploading directly, you are: 1) granting New York State, Empire State Development, and NYS Department of Economic Development a royalty free, non-exclusive, transferable, worldwide license to use, modify, copy, post or publish the images, recordings or materials in perpetuity for its own commercial use including, but limited to, use in all forms of media and advertising; and 2) You also agree to release, defend, indemnify and hold harmless New York State, NYS Department of Economic Development, and Empire State Development, its officers, employees or agents from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in the using, posting, processing, or highlighting of the finished product, its publication or distribution.
K. Contact Information
Counsel's Office, Empire State Development, 625 Broadway, Albany, N.Y. 12445 518-292-5120 Thomas.Regan@esd.ny.gov