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Privacy Policy

Introduction

Thank you for visiting the New York State Department of Labor (NYSDOL) website. This website is designed to make it easier and more efficient for individuals and businesses to interact with NYSDOL. The New York State Department of Labor recognizes that it is critical for individuals and businesses to be confident that their privacy is protected when they visit the NYSDOL 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 NYSDOL'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 from 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. NYSDOL 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, application, certification or order form.

Information Collected Automatically When You Visit This Website

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

  1. 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;
  2. The type of browser and operating system you used;
  3. The date and time you visited this site;
  4. The web pages or services you accessed at this site;
  5. The website you visited prior to coming to this web site;
  6. The website you visit as you leave this website; and
  7. 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 NYSDOL understand how users are interacting with the website. This information is collected for statistical analysis, to determine what information is of most and of 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 NYSDOL 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 upon your needs and interests. NYSDOL 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 This Website or Initiate an Online Transaction

During your visit to this website you may send an e-mail to NYSDOL. 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 NYSDOL 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, registration, or order form. The information, including personal information, volunteered by you in initiating the transaction is used by NYSDOL to operate NYSDOL programs, which include the provision of goods, services, and information. The information collected by NYSDOL may be disclosed by NYSDOL for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted.

NYSDOL 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 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. NYSDOL 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, NYSDOL 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, application, certification or order form. You may choose not to send us an e-mail, respond to a survey, file an application, file a certification 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 NYSDOL 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.

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. NYSDOL 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 NYSDOL by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by NYSDOL for the purposes for which the user disclosed the information to NYSDOL, as was reasonably ascertainable from the nature and terms of the disclosure.

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

NYSDOL may disclose personal information to federal or state law enforcement authorities to enforce rights against unauthorized access or attempted unauthorized access to NYSDOL’s information technology assets.

Retention of Information Collected Through This Website

The information collected through this website is retained by NYSDOL 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_acal57A.shtml. In general, the Internet services logs of NYSDOL, comprising electronic files or automated logs created to monitor access and use of Agency services provided through this website, are retained for the duration of the use of the statistical software package and then destroyed. Information, including personal information, that you submit in an e-mail or when you initiate an online transaction such as a survey, registration form, application, certification 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.

Access to and Correction of Personal Information Collected Through This Website

Any user may submit a request to the NYSDOL Records Access Officer to determine whether personal information pertaining to that user has been collected through this website. 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 of the Records Access Officer is:

Records Access Officer
New York State Department of Labor
State Office Building Campus
Building 12, Room 509
Albany, NY 12240

The Records Access 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 NYSDOL 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 Records Access 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

NYSDOL is strongly committed to protecting personal information collected through this website against unauthorized access, use, or disclosure. Consequently, NYSDOL 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, NYSDOL 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, NYSDOL employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this website.

Security

NYSDOL limits employee access to personally identifiable information from this website to only those employees who need access to perform a specific job. 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.

NOTE: 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, NYSDOL employs software to monitor traffic to identify unauthorized attempts to upload or change information or otherwise cause damage to this website.

Unemployment Insurance Benefits Online

When an individual files a claim for unemployment insurance benefits, either in person, over the telephone or online using NYSDOL’s website: the authority to require the employee to provide personal information to the Unemployment Insurance Division of the New York State Department of Labor is found in Article 18 of the New York State Labor Law for Regular State and Extended Unemployment benefits; Chapter 85 of Title 5 of the United States code for Federal Civilian and Military Unemployment Compensation; Chapter 68 of Title 42 of the United States Code for Disaster Unemployment Assistance.

This information is collected solely for the purpose of administering the program under which these benefits are claimed.

Unemployment Insurance Employer Registration Online

When an employer registers with NYSDOL to establish an unemployment insurance account, NYSDOL’s authority to require business or employer information for the purpose of determining the employer’s liability for paying unemployment insurance contributions is contained in Article 18 of the New York State Labor Law.

This information is collected solely for the purpose of administering the program under which the employer pays these contributions.

Security of Unemployment Insurance Information Obtained Online

NYSDOL’s website has security measures in place to protect the loss, misuse, alteration, or destruction of any personal or confidential information under our control. This site uses (SSL) Secure Socket Layering for the transactions. SSL encrypts data as it is sent over the Internet. Personal information submitted during an online transaction is always encrypted.

Under certain conditions and if authorized by law, the information collected on this website may be shared with other government agencies. However, the sharing of any information which was provided to the Division of Unemployment Insurance of NYSDOL by either the employee or the employer is tightly protected by Section 537 of the NYS Labor Law. Section 537 provides that unemployment insurance information is confidential and cannot be disclosed except under limited circumstances. Unemployment insurance information regarding an employer, including wage reporting information used by NYSDOL in administering the Unemployment Insurance program, may be requested and utilized for other governmental purposes. These purposes include, but are not limited to, verification of an individual's eligibility for other government programs.

§537. Disclosures Prohibited

Use of information acquired from employers or employees pursuant to this article shall be for the exclusive use and information of the commissioner in the discharge of his or her duties hereunder. It shall not be open to the public nor be used in any court in any action or proceeding pending therein unless the commissioner is a party to such action or proceeding, notwithstanding any other provisions of law. Such information insofar as it is material to the making and determination of a claim for benefits shall be available to the parties affected and, at the commissioner's discretion, may be made available to the parties affected in connection with effecting placement.

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

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.

Contact Information

For questions regarding the Privacy Policy, please email NYSDOL at mailto:nysdol@labor.state.ny.us?subject=Privacy%20Policy

For questions regarding the ability to review and correct personal information you submitted to NYSDOL, please email NYSDOL at nysdol@labor.state.ny.us?subject=FOIL%20Request and place the words "FOIL Request" in the subject line.

 

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