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NYS BROADBAND SPEED TEST WEBSITE POLICY STATEMENTS

The New York State Broadband Speed Test website has been designed by the Center for Technology in Government (CTG) of the University at Albany on behalf of the NYS Office of Cyber Security (OCS). Together, CTG and OCS are referred to as the "NYS Speed Test sponsors."

By visiting this website, completing the speed test, and engaging in other activities at the website, you provide certain information to the speed test sponsors. That information is covered by the NYS Broadband Speed Test Privacy Policy.

Information that you receive from this website is subject to the NYS Broadband Speed Test Use Policy and Disclaimer.

Contact Information: For questions regarding these policy statements, please e-mail the NYS Speed Test sponsors at nyspeedtest@ctg.albany.edu.

PRIVACY POLICY

Consistent with the provisions of the New York State Internet Security and Privacy Act, the Freedom of Information Law, and the Personal Privacy Protection Law, this policy describes the NYS Speed Test sponsors’ privacy practices regarding information collected from users of this website. This policy describes the types of data that we collect and how we use it.

We may, at our sole discretion, change, modify, add, or delete portions of this privacy policy. This privacy policy applies only to this website and the information collected through it.

For purposes of this policy, personal identifiable information (PII) 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. For purposes of this policy, PII specifically includes IP addresses, email addresses, and street addresses. In the case of IP addresses and street addresses, such treatment is consistent with the Federal Communication Commission’s Consumer Broadband Test and Dead Zone Report Privacy Statement (the FCC does not collect email addresses).

By accepting this data, we commit to protecting any PII and to not making any PII publicly available. It is, however, permissible to make data that does not constitute PII publicly available. For example, the NYS Speed Test sponsors may redact the IP addresses and disclose aggregated street address and latitude/longitude geo-location data, if available. In addition, the broadband performance data itself is not PII.

With the exception of your IP address which is collected automatically, the NYS Speed Test sponsors do not collect any PII about you during your visit to this website unless you provide that information voluntarily by taking the speed test, answering a survey question (i.e. entering your street address), sharing your participation, sending an e-mail, or engaging in some other transaction. You may choose not to take the speed test, answer the questions, share your participation, or engage in other activities.

Your choice not to participate in these activities may limit your access to certain services through this website, but it will not affect your ability to use other website features, including the ability to view or download publicly available information.

Cookies are text files stored by your web browser in order to record information about you or your activities on a website. Using cookies for this purpose is a common, generally accepted practice on the Internet. The NYS Broadband Speed Test website uses no cookies, except those from Google Analytics (see below).

When you visit this website, the NYS Speed Test sponsors automatically collect and store the following information:

  • The operating system and version of the computer that you use when you visit this site;
  • The Java Runtime Environment version on the computer you use when you visit this site;
  • The date and time when you visit this site;
  • The web pages and services you access at this site;
  • The website address (or URL) of the web page from which you linked to this site;
  • Any information collected by Google as described in the “Google Analytics” section below.

We use the information described in this section to improve this website’s content and to help us understand how people use the site. This information is collected for statistical analysis, to determine which types of information are of most interest to our visitors, to measure system performance, and to identify problem areas.

This website may use the Google Analytics web-analytics service by Google, Inc. Google Analytics stores a persistent cookie on your hard drive that is used to anonymously analyze your website usage. The information in this cookie (including your IP address) is transmitted to Google and stored on Google servers. Google uses this information to evaluate your use of the website, compile reports on your website activity for site operators, and provide other services related to your website activity and Internet usage. Google may transfer this information to third parties where required to do so by law or where those third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this website, you consent to this processing of data about you by Google.

As part of the NYS Broadband Speed Test, you will be asked to voluntarily submit information about the location from which you take the test. The information collected by the NYS Speed Test sponsors includes the location’s broadband performance, the street address and zip code, the internet service provider, the service type (how you connect to the internet), and the nature of the location (home, school, etc.). As an optional feature, an associated email address can be provided (see Information Collected When You E-mail Or Provide E-mail Address). We consider the address and zip code of the location from which you take the Speed Test and the associated email address to be PII.

The NYS Speed Test sponsors are collecting this information to help determine the actual speed of broadband services delivered in New York State. The test provides individuals with a mechanism to measure the quality of their internet broadband connection at a given point in time. We will not make individual street addresses or email addresses public. It is permissible to make the non PII parts of the data publicly available, such as by aggregating the street address data. Additionally, the broadband performance data itself is not PII. Aggregated and/or anonymized (not disclosing individual location information of users) data from the database will be made public and may be used by the NYS Speed Test sponsors to show average speed test results by areas such as zip codes or census tracts.

In order to promote the NYS Broadband Speed Test website and engage as many NY residents as possible, we offer a means for you to share your participation in the Speed Test and encourage others to do so. Taking advantage of this offer, using the links to post a message on your social media outlets, or adopting the NYS Broadband Speed Test widget on your favorite website does not disclose any information to the NYS Speed Test sponsors. We do not collect any information with regard to these activities.

If you send an e-mail to the NYS Speed Test Sponsors or provide us with your e-mail address, your e-mail address and the contents of your e-mail message will be collected. The collected information is not limited to text characters and may include audio, video, and graphic information included in the message. We consider your e-mail address and the content of your e-mail message to be PII.

Your e-mail address and/or the information contained in your message will be used to respond to you, to address issues you identify, to advise you of new opportunities to take the test, to further improve this website, or to forward your message to another government agency for appropriate action. Your e-mail address is not collected for commercial marketing purposes. We will not sell your e-mail address and may only distribute it as described below.

The collection of information through this website and the disclosure of that information are subject to the provisions of the New York State Internet Security and Privacy Act. The NYS Speed Test sponsors will collect your PII through this website, or disclose that PII only with your consent. We treat your voluntary disclosure of PII, whether solicited or not, as consent to the collection and disclosure of that information as is reasonably necessary to accomplish the purpose of developing a comprehensive map of broadband internet speeds throughout New York State, and for any other purpose for which you disclosed it, as is reasonably ascertainable from the nature and terms of your disclosure.

The NYS Speed Test sponsors may collect or disclose your PII without your consent if that collection or disclosure is: (1) necessary to perform our statutory duties, or necessary for us 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 your identity; 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.

The disclosure of information, including PII, collected through this website is subject to the provisions of the New York State Freedom of Information Law and the Personal Privacy Protection Law. We may also disclose PII to federal or state law enforcement authorities to enforce our rights against unauthorized access or attempted unauthorized access to our information technology assets and against any other inappropriate use of the NYS Broadband Speed Test website.

The information collected by the NYS Speed Test sponsors through this website is retained in accordance with the records retention and disposition requirements of the New York State Arts and Cultural Affairs Law.

In general, the Internet services logs of the NYS Speed Test sponsors, comprising electronic files or automated logs created to monitor access and use of services provided through this website, are retained for one year and then destroyed. Other collected information, including personal information, is retained in accordance with an established records retention and disposition schedule. Information concerning these record retention and disposition schedules may be obtained via e-mail at nyspeedtest@ctg.albany.edu or through the Privacy Compliance Officer.

For purposes of this policy, PII specifically includes IP addresses, email addresses, and street addresses. In the case of IP addresses and street addresses, such treatment is consistent with the Federal Communication Commission’s Consumer Broadband Test and Dead Zone Report Privacy Statement (the FCC does not collect email addresses). You may submit a request to the privacy compliance officer to determine whether personal information pertaining to you 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 you, such as mother’s maiden name, or similar appropriate identification. The address of the privacy compliance officer is:

Privacy Compliance Officer
New York State Division of Homeland Security and Emergency Services
1220 Washington Avenue
State Office Campus
Building 7A Suite 710
Albany, NY 12242
518-242-5000

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 NYS Speed Test sponsors have collected personal information pertaining to you through this website and that information is to be provided to you pursuant to your request, the privacy compliance officer shall inform you of your right to request that the personal information be amended or corrected under the procedures set forth in section 95 of the New York State Public Officers Law.

NYS Speed Test sponsor employees who have access to your PII are required to follow appropriate procedures in connection with any disclosure or handling of this information. In addition, we have implemented procedures to safeguard the integrity of our information technology assets, including, but not limited to, authentication, monitoring and auditing. 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.

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