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PRIVACY POLICY

INTRODUCTION


Thank you for visiting the Gaming Commission Website (the "Website"). This Website is designed to make it easier and more efficient for individuals and businesses to interact with the New York State Gaming Commission (the "Gaming Commission"). We recognize that it is critical for individuals and businesses to be confident that their privacy is protected when they visit the Gaming Commission'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 the Gaming Commission'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 that you access (including other state agency websites).

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. The Gaming Commission does not collect any personal information about you unless you provide that information voluntarily by sending an e-mail or by initiating an online transaction, such as a survey, registration or purchase.

INFORMATION COLLECTED AUTOMATICALLY WHEN YOU VISIT THIS WEB SITE
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 (ISP) 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 website you visited prior to coming to this Website;
vi. The website you visit as you leave this Website;
vii. If you downloaded a form, the form that was down loaded;
viii. The name of the domain from which you access the Internet; and
ix. Your current Internet Network address (not your e-mail address)

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 the Gaming Commission 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 any purposes other than Gaming Commission 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 Web Site. Session cookies can be created automatically on the device you use to access this 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.

You are also assigned 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.

The software and hardware you use to access this 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 THIS WEB SITE OR INITIATE AN ONLINE TRANSACTION

During your visit to this Website you may send an e-mail to the Gaming Commission. 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. The Gaming Commission will not sell or otherwise disclose your e-mail address for any purposes other than Gaming Commission purposes, except as necessary to complete a transaction or promotion connected with this Website.

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

The Gaming Commission does not knowingly collect personal information from children or create profiles of children through this Website. The registration page requires registrants be at least 18 years of age to participate in Gaming Commission transactions. Users are cautioned, however, that the collection of personal information submitted in an e-mail 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 Gaming Commission 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 Gaming Commission 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 a purchase. You may choose not to send us an e-mail, respond to a survey or complete a purchase. 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 Gaming Commission 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 publicly available information. If you would like to participate in Gaming Commission promotions and do not wish to enter personal information through this Website, contact the Gaming Commission via email or mail as provided at the end of this policy statement.

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. The Gaming Commission 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. The voluntary disclosure of personal information to the Gaming Commission by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the Gaming Commission for the purposes reasonably ascertainable from the nature and terms of the transaction.

However, the Gaming Commission may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of the Gaming Commission, or necessary for the Gaming Commission 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.

The Gaming Commission may disclose personal information to federal or state law enforcement authorities to enforce the Gaming Commission's rights against unauthorized access or attempted unauthorized access to the Gaming Commission'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 Gaming Commission 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 at http://www.archives.nysed.gov/a/records/mr_laws_state.shtml. In general, the Internet services logs of the Gaming Commission, comprising electronic files or automated logs created to monitor access and use of agency services provided through this Website, are retained for a minimum of three weeks. 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 purchase, 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 Privacy Policy contact listed in this policy.

ACCESS TO AND CORRECTION OF PERSONAL INFORMATION COLLECTED THROUGH THIS WEB SITE


Any user may submit a request to the Gaming Commission Privacy Compliance contact 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 contact is:

New York State Gaming Commission - Counsel's Office
One Broadway Center
PO Box 7500

Schenectady, New York 12305
(518) 388-3408

The Privacy Compliance contact 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 Gaming Commission has collected personal information pertaining to a user through the Website and that information is to be provided to the user pursuant to the user's request, the privacy compliance contact 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 Gaming Commission is strongly committed to protecting personal information collected through this Website against unauthorized access, use, or disclosure. Consequently, the Gaming Commission limits access to personal information collected through this Website to only those people who need access to the information in the performance of their official duties. Employees or contractors who have access to this information are required to follow appropriate procedures in connection with any disclosures of personal information.

In addition, the Gaming Commission 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.

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

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, the Gaming Commission may provide 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 of that website, including but not limited to, its internet privacy policy.

CONTACT INFORMATION

For questions regarding this Website, please contact:

(via e-mail) info@gaming.ny.gov
(via regular mail) New York State Gaming Commission
One Broadway Center - PO Box 7500
Schenectady, New York 12301-7500