## Overview

Thank you for visiting the website of the NYS Education Department (NYSED). 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 NYSED's privacy practices regarding information collected from users of this website, what data is collected and how that information is used. Please note that NYSED may, at its sole discretion, change modify, add, or delete portions of this policy. This privacy policy only applies to this website so you should examine the privacy policy of any website, including other State websites, that you access through this website.

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. NYSED does not collect any personal information about you unless you provide that information voluntarily by sending us an e-mail or by initiating an online transaction with us such as completing a survey, registration or other form.

## Information Collected Automatically When You Visit This Website

When you visit this website, NYSED automatically collects and stores the information listed below about your visit. None of this information is deemed to constitute personal information. The information that is collected automatically is used to improve the website's content, to help NYSED understand how users interact with the website, and to help make the site more user-friendly. It is also used 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 NYSED does not sell or distribute the information collected from the website for commercial marketing purposes. This information is purged from NYSED’s database after six months.

  * 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.



## 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. NYSED does not use “persistent” cookies on this site. Persistent cookies are stored on a user’s computer hard drive to allow the website to recognize the user the next time the user visits the site and tailor the information presented to the user’s interests. 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 NYSED, 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 NYSED does not sell or distribute your email address for commercial marketing purposes.

If you initiate a transaction such as completing a survey, registration or other form while on this website, the information, including personal information, volunteered by you in initiating the transaction is used by NYSED to operate NYSED programs, which include the provision of goods, services and information. The information collected by NYSED may be disclosed by NYSED 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.

## Payment Card Information

If you initiate a payment card transaction through an online application on this website, NYSED provides a data entry screen that securely transmits your data directly to a third-party Payment Card Industry (PCI) compliant payment card service provider. NYSED does not receive or retain any of your personal information, payment card or account information. The payment card service provider transmits only a successful or unsuccessful confirmation message back to NYSED so that NYSED can properly complete the transaction. For more information about PCI compliance, visit the PCI Security Standards Council website.

## General Information about Children’s Online Privacy

NYSED 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 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. NYSED 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.

NYSED does not solicit information from children under the age of thirteen. If the NYSED receives information submitted by children under the age of thirteen, those communications are accorded the same protections as if the information had been submitted offline.

The Children's Online Privacy Protection Act of 1998 (COPPA) imposes restrictions on commercial Websites, not government agency websites. Although COPPA does not apply to the NYSED Website, the NYSED practices are consistent with its mandates. If you would like more information about COPPA, please visit the Federal Trade Commission's official COPPA page.

## Student Data Privacy

NYSED is committed to promoting sound information practices and policies that will ensure the security and privacy of student data. For additional information, please visit our Student Data Privacy website.

## Information and Choice

NYSED 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 NYSED by other means such as by regular mail or telephone, 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. NYSED 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 NYSED by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by NYSED for the purposes for which the user disclosed the information to NYSED, as was reasonably ascertainable from the nature and terms of the disclosure.

However, NYSED may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of NYSED, or necessary for NYSED 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, NYSED may disclose personal information to federal or State law enforcement authorities to enforce its rights against unauthorized access or attempted unauthorized access to NYSED'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 NYSED in accordance with the records retention and disposition requirements of the New York State Arts and Cultural Affairs Law. 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 NYSED to determine whether personal information pertaining to that user has been collected through this website. Such request must 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 is: Personal Privacy Protection Law Request, Chief Information Security Officer, New York State Education Department, 89 Washington Avenue, Albany, New York 12234.

NYSED 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 exceed thirty (30) days from the date of the acknowledgment.

In the event that NYSED has collected personal information pertaining to a user through its website, such a user may 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

NYSED 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, NYSED 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.

## General Disclaimer

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, NYSED 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, NYSED recognizes the possibility of human and/or mechanical error. Therefore, NYSED, 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.
