Introduction

Thank you for visiting the New York State Consumer Protection Board (CPB) website. This website is designed to make it easier and more efficient for individuals and businesses to interact with the CPB. The CPB recognizes that it is critical for individuals and businesses to be confident that their privacy is protected when they visit the CPB's website and when they sign up through www.nyalert.gov to follow the CPB via Twitter.

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 the CPB'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. The CPB 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, information request, consumer complaint, or a Do Not Call complaint.

Information Collected Automatically When You Visit this Website

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

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;
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;
Depending on how you access CPB's website, the CPB may also, on occasion, capture the website you visited prior to coming to the CPB website; and,
Any form, publication or document which you downloaded.

The information that is collected automatically is used to improve this website's content and to help the CPB 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 the CPB 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. The CPB 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 E-mail the CPB or Initiate an Online Transaction

During your visit to this website you may send an e-mail to the CPB. 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 or federal agency for appropriate action. Your e-mail address is not collected for commercial purposes and the CPB is not authorized to sell or otherwise disclose your e-mail address for commercial purposes.

During your visit to this website you may initiate a transaction such as a survey, information request, or a consumer complaint. The information, including personal information, volunteered by you in initiating the transaction is used by the CPB to operate CPB programs, which include the provision of services and information. Participation in an online transaction resulting in the disclosure of personal information to the CPB by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the CPB for the purposes reasonably ascertainable from the nature and terms of the transaction.

As you may be aware, one of the CPB's major responsibilities is to administer New York State's Do Not Call law. A copy of the law, as well as the regulations that the CPB has adopted to administer the law, are available on this website, and should be consulted for a more complete explanation of the information that may be required of consumers who wish to be included on the Do Not Call Registry.

The CPB 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. The CPB 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, the CPB 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, information request, or a consumer complaint. You may choose not to send us an e-mail, respond to a survey, complete an order form, or provide other information in connection with a transaction with the CPB. 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 the CPB 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 the CPB 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. The CPB 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 the CPB by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the CPB for the purposes reasonably ascertainable from the nature and terms of the transaction.

However, the CPB may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of the CPB, or necessary for the CPB to operate a program authorized by law, or authorized by State or federal statute or regulation; (2) for the purpose of validating the identity of the user; (3) made pursuant to a court order or by law; 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.

If you file a Do Not Call complaint with the Federal Trade Commission at www.donotcall.gov, the CPB may contact you regarding that complaint to request that you provide more information so that the CPB can pursue an investigation, and take appropriate action regarding the alleged complaint. Consumers are our primary means of determining whether telemarketing firms are following the law, and we very much appreciate your understanding and cooperation if we do have to contact you regarding your complaint. Be aware that our enforcement process requires that your complaint be released to telemarketers alleged to have violated the Do Not Call law so that they may respond to your complaint. In many cases, these firms have the capability to determine whether they, or agents they may have employed, have actually made these calls, or whether a mistake has been made, and they will need that personal information to do so.

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.

The CPB may disclose personal information to federal or State law enforcement authorities to enforce the CPB's rights against unauthorized access or attempted unauthorized access to the CPB's information technology assets or against other inappropriate use of this website.

Retention of Information Collected Through this Website

The information collected through this website is retained by the CPB in accordance with the records retention and disposition requirements of the New York State Arts & Cultural Affairs Law. See more information on the requirements of the Arts & Cultural Affairs Law. In general, the Internet services logs of the CPB, comprising electronic files or automated logs created to monitor access and use of Agency services provided through this website, are retained for at least three (3) months. Information, including personal information, that you submit in an e-mail or when you initiate an online transaction, such as a survey or information request, 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 CPB privacy compliance officer.

Access to and Correction of Personal Information Collected Through this Website

Any user may submit a request to the CPB privacy compliance 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 the privacy compliance officer is:

Privacy Compliance Officer
NYS Consumer Protection Board
5 Empire State Plaza, Suite 2101
Albany, NY 12223-1556

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 the CPB 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

The CPB is strongly committed to protecting personal information collected through this website against unauthorized access, use, or disclosure. Consequently, the CPB 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, the CPB has implemented procedures to safeguard the integrity of its information technology assets, including but not limited to, state actual practices or procedures such as 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.

This website is provided as a public service by the CPB. The CPB does not collect any information for commercial marketing purposes, and does not sell or otherwise market your personal information for commercial purposes. This system may be monitored to ensure proper operation, to verify the functioning of applicable security features, and for statistical purposes. Anyone using this website expressly consents to such monitoring.

Any unauthorized attempt to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes is prohibited and may result in criminal prosecution.

For website security purposes and to maintain the availability of the website for all users, the CPB employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this website.

Children's Online Privacy Protection Act - Interaction with Children

It is important to the Consumer Protection Board (CPB) that parents and guardians have control over what information is collected from their children online and how such information is or may be used. The Children's Online Privacy Protection Act of 1998 ("COPPA"), imposes restrictions on commercial websites, not on government agency websites. Although COPPA does not apply to the CPB website, it is CPB policy to be compliant with the requirements of COPPA and not to solicit or collect information about or from children age thirteen (13) and under.

The CPB website does contain some educational and entertaining content for children. In addition, the CPB publishes a newsletter for children called "KIDSUMERS". If someone wishes to subscribe to our newsletter, we ask for information such as name and e-mail address so that the newsletter can be transmitted to them. If a child is under the age of thirteen (13), we ask that the request come from a parent or an adult. No information which we collect is shared with third parties.

In the event that the CPB does receive an online communication clearly indicating that it has been submitted by a child age thirteen (13) or younger, under no circumstances will any personal information be published on the CPB website, be used for a purpose not intended by its sender or shared with third parties before obtaining parental consent. At any time, a parent may ask to review their child's information, delete it or ask that it not be used in the future by sending an e-mail to [email protected].

If you would like more information about COPPA, please visit the Federal Trade Commission's official COPPA page.

CPB Twitter Policy

Content

The CPB Twitter account is managed by the Agency's Digital Media Team. If you follow us, you can expect up to ten (10) tweets a week providing important Consumer Protection Alerts relevant to New York residents in the following categories:

Scams
Important product recalls
Data security breaches and identity theft threats
News and information updates

Following

If you follow us on Twitter, we will follow you back. This is an automated process and does not imply that the CPB is actually reviewing or endorsing any activity on Twitter. Nor does it mean that the CPB will respond to any messages we receive via Twitter. If you wish to respond to a CPB Tweet, suggest an idea or file a complaint with the CPB, please direct your communication through our website at www.nysconsumer.gov.

Availability

We will update and monitor our Twitter account during regular office hours, Monday through Friday. Twitter may occasionally be unavailable. We accept no responsibility for the lack of service due to Twitter downtime. @Replies and Direct Messages

We welcome feedback and ideas from our followers. However, we will not respond to any messages we receive via Twitter. If you wish to reply to the CPB or to send us a message, please direct your communication through our website at www.nysconsumer.gov. The Digital Media Team reads all @replies and Direct Messages and ensures that any emerging themes or helpful suggestions are passed on to the relevant staff at the CPB.

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. The CPB makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the content. No warranty of any kind - implied, expressed, or statutory, (including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus) - is given with respect to the contents of this website or its links to other Internet resources including, but not limited to, Twitter.

Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation or favoring by the New York State Consumer Protection Board or its employees or agents.

Links

In order to provide users with certain information, the CPB 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.

Contact Information

For questions regarding this Internet privacy policy, please contact:

Via U.S. Mail:

Privacy Compliance Officer
NYS Consumer Protection Board
5 Empire State Plaza, Suite 2101
Albany, NY 12223-1556