[HISTORY: Adopted by the Village Board of the Village of
Minoa 6-7-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 25.
This Chapter 85 shall be known as "Internet and Communications Systems Usage and Privacy Policies."
These policies set forth the Village's policies regarding
the use of its computers, computer networks, electronic mail (e-mail)
systems, telephone systems (including voicemail) and other electronic
communications systems, and its privacy practices regarding information
collected from users of its network system and website, including
the information collected and how same is used.
A.
These policies are consistent with the provisions of State Technology
Law § 208, the Internet Security and Privacy Act, the Freedom
of Information Law, and the Personal Privacy Protection Law.
B.
These policies shall apply to all Village officers and employees
and to all the Village computers, the Village website, computer networks,
e-mail systems. telephone systems and other electronic communications
systems.
As used in this chapter, the following terms shall have the
meanings indicated:
Village of Minoa employees and public officers.
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 Village will only collect 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, registration or
order form.
The Village reserves the right to inspect, examine and monitor
the use of its computers, computer networks, e-mail systems, telephone
systems (including voicemail), and all other electronic communications
systems at any time and without notice.
A.
Voicemail, e-mail, computers, computer networks, computer files,
software programs, all communications created on, received by, stored
on or transmitted through those systems are the sole and exclusive
property of the Village. Records, data, files, software, and all electronic
communications contained in these systems likewise are the property
of the Village. These systems and their contents are subject to inspection,
examination and/or monitoring by authorized Village personnel (or
authorized third-party contractors) at any time and without notice.
The authorized personnel are your respective supervisor or department
head, the Village Mayor and Deputy Mayor (or their designee) and/or
the Village Clerk-Treasurer.
B.
These systems and equipment should not be used for personal reasons
and should remain on Village property at all times unless specific
authorization is given to do so.
C.
Examples of reasons for which the Village may access employee voicemail,
e-mail, computer files, computer networks or other Village property
include, but are not necessarily limited to:
(1)
Instances when an employee is unavailable, but the Village must access
a system to operate its business.
(2)
Instances when the Village management suspects that its property
is being used in an unauthorized or illegal manner.
(3)
For quality control purposes or for training activities.
(4)
To monitor job performance.
(5)
For any other appropriate business purpose.
D.
Village employees are advised to use voicemail and e-mail as cautiously
as they would use any other type of communication medium such as a
memorandum or letter. Employees must realize, for example, those electronic
messages:
E.
Employees are advised that the computers, computer networks, e-mail
systems, telephone systems (including voicemail), and other electronic
communications systems (and all communications created on, received
by, stored on or transmitted through those systems) are the sole and
exclusive property of the Village. Accordingly, employees should have
no expectation of privacy regarding any such communications.
F.
Passwords are only intended to prevent unauthorized access to e-mail,
computer files or voicemail. The Village reserves the right to allow
authorized Village personnel to access messages and files on the Village's
systems at any time. All employees must supply their current passwords
to the Village Clerk-Treasurer.
G.
Voicemail and e-mail should be deleted if not needed.
H.
Communications created, received, stored on or transmitted through
the Village's electronic communications systems may not contain
content that could be reasonably considered offensive or disruptive
to any employee. Offensive content would include, but is not limited
to, sexual comments or images, racial slurs, gender-specific comments
or any comments that would offend someone on the basis of his or her
age, sexual orientation, religious or political beliefs, national
origin or disability.
I.
Department heads and supervisors are responsible for their respective
subordinates' use of the Internet, e-mail, computer systems,
etc. Employees who learn of any misuse of the Village's voice-mail,
e-mail or similar systems or other violations of this policy shall
notify the Village immediately.
A.
The term "Internet" includes for purposes hereof the networks historically
referred to as the "Internet" and "World Wide Web" and includes the
Village network, its website, and similar means provided to certain
employees for the benefit of the Village and also includes any social
networking, blogging, bulletin, news or comment boards accessible
therefrom. Every employee has a responsibility to maintain and enhance
the Village's public image and to use the Internet in a productive
manner.
B.
Acceptable uses of the Internet. Employees accessing the Internet
are representing the Village. All communications should be for business
reasons. Employees are responsible for seeing that the Internet is
used in an effective, ethical and lawful manner.
C.
Unacceptable uses of the Internet. The Internet must not be used
for personal reasons. Solicitation of non-Village business, or any
use of the Internet for personal gain is strictly prohibited. Accessing
social networks, blogs, bulletin, news or comment boards, or similar
means is likewise strictly prohibited including comment relating to
Village business. Use of the Internet must not disrupt the operation
of the Village network or the networks of other users.
D.
Communications. Each employee is responsible for the content of all
text, audio or images that he/she places or sends over the Internet.
Fraudulent, harassing or obscene messages are prohibited. All messages
communicated on the Internet must have the employee's name attached.
No messages will be transmitted under an assumed name. Users may not
attempt to obscure the origin of any message. Information published
on the Internet should not violate or infringe upon the rights of
others. No abusive, profane or offensive language is to be transmitted
through the system.
E.
Authorized software. All software installed on the Village's
computers must be authorized software. Authorized software is that
software purchased by and licensed to the Village. Confirmation of
whether certain software is authorized can be obtained from the Village
Clerk-Treasurer. Employees are not permitted to load any unauthorized
software. The only media (CD, DVD, zip disk, memory card, etc.) that
is authorized for use is that which was purchased and provided by
the Village. An employee in conjunction with any Village computer
may use no unauthorized media. To prevent computer viruses from being
transmitted through the system, there will be no unauthorized downloading
of any software or the utilization of unauthorized media. All software
downloads must be first approved by and implemented through the Village
Clerk-Treasurer.
F.
Copyright issues. Copyrighted materials belonging to entities other
than the Village may not be downloaded or transmitted by employees
on the Internet. Users are not permitted to copy, transfer, rename,
add or delete information or programs belonging to other users unless
given express permission to do so by the owner. Failure to observe
copyright or license agreements may result in disciplinary action
from the Village or legal action by the copyright owner.
G.
Security. All messages created, sent or retrieved over the Internet
are the property of the Village and should be considered public information.
The Village reserves the right to access and monitor all messages
and files on the computer system as deemed necessary and appropriate.
Internet messages are public communications and are not private. All
communications, including text and images, can be disclosed to law
enforcement or other third parties without prior consent of the sender
or the receiver.
H.
Programs and databases. Employees are not permitted to make programming
changes to any software programs. Only authorized individuals whose
primary responsibility it is to administer or maintain particular
aspects of the Village's business are permitted to make changes
to the databases for which they have responsibility.
I.
Violations. Violations of this policy may result in disciplinary
action up to and including termination. If necessary, the Village
will advise appropriate legal officials of any illegal activity.
J.
Notification. For purposes hereof, notification to the Village shall
mean notification in writing to the employee's immediate supervisor
or department head and to the Village Mayor or Deputy Mayor, with
a copy to the Village Clerk-Treasurer. If a particular employee is
concerned with notification relative to a supervisor/department head
or fellow employee's acts, same may be given anonymously in writing
and delivered in an envelope marked "personal-confidential" to the
Village Mayor or Deputy Mayor.
A.
Information collected automatically when visiting Village website.
(1)
When visiting the Village website the Village may automatically collect
and store the following information about your visit:
(a)
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;
(b)
The type of browser and operating system you used:
(c)
The date and time you visited this site;
(d)
The web pages or services you accessed at this site;
(e)
The web site you visited prior to coming to this web site;
(f)
The web site you visit as you leave this web site; and
(g)
If you downloaded a form, the form that was downloaded. None
of the foregoing information is deemed to constitute personal information.
(2)
This information that is collected automatically is used to improve
this website's content and to help the Village 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 Village is not authorized
to sell or otherwise disclose the information collected from the website
for commercial marketing purposes.
B.
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 may 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 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. 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.
C.
Information collected automatically when e-mailing or initiating
an online transaction through Village website.
(1)
During your visit to this website you may send an e-mail to the Village.
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 government
agency for appropriate action. Your e-mail address is not collected
for commercial purposes, and the Village is not authorized to sell
or otherwise disclose your e-mail address for commercial purposes.
(2)
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 the Village to operate Village programs, which include
the provision of goods, services. and information. The information
collected by the Village may be disclosed by the Village for those
purposes that may be reasonably ascertained from the nature and terms
of the transaction in connection with which the information was submitted.
(3)
The Village 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 Village
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.
D.
Information and choice. As noted above, the Village 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 the Village 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.
E.
Disclosure of information collected.
(1)
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 Village 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 Village
by the user, whether solicited or unsolicited, constitutes consent
to the collection and disclosure of such information by the Village
for the purposes reasonably ascertainable from the nature and terms
of the transaction.
(2)
The foregoing notwithstanding, the Village may collect or disclose
personal information without user consent if the collection or disclosure
is:
(a)
Necessary to perform the statutory duties of the Village, or
necessary for the Village to operate a program authorized by law,
or authorized by state or federal statute or regulation;
(b)
Made pursuant to a court order or by law;
(c)
For the purpose of validating the identity of the user; or
(d)
Of information to be used solely for statistical purposes that
is in a form that cannot be used to identify any particular person.
(3)
Further, the disclosure of information, including personal information,
collected through the Village website is subject to the provisions
of the Freedom of Information Law and the Personal Privacy Protection
Law.
(4)
The Village may disclose personal information to federal or state
law enforcement authorities to enforce the Village's rights against
unauthorized access or attempted unauthorized access to the Village's
information technology assets or against other inappropriate use of
this website.
F.
Retention of information collected. In general, the Internet service
logs of the Village's website, comprising electronic files or
automated logs created to monitor access and use of Village services
provided through this website, are retained for 90 days 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, 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.
G.
Access to and correction of personal information collected.
(1)
Any user may submit a request to the Village 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:
|
Village of Minoa
Attn: Privacy Compliance Officer
240 North Main Street
Minoa, New York 13116
|
(2)
The privacy compliance officer shall, within five business days of
the date of the receipt of a proper request:
(a)
Provide access to the personal information;
(b)
Deny access in writing, explaining the reasons therefor; or
(c)
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 30 days from the date of the acknowledgment.
(3)
In the event that the Village has collected personal information
pertaining to a user through the Village's 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.
H.
Confidentiality and integrity of information collected.
(1)
The Village is strongly committed to protecting personal information
collected through this website against unauthorized access, use, or
disclosure. Consequently, the Village 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.
(2)
In addition, the Village has implemented procedures to safeguard
the integrity of its information technology assets, including, but
not limited to, authentication and monitoring. 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.
(3)
For website security purposes and to maintain the availability of
the website for all users, the Village employs software to monitor
traffic to identify unauthorized attempts to upload or change information
or otherwise damage this website.
I.
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.
J.
Links. In order to provide users with certain information, the Village
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, you are subject
to the terms and conditions of that website, including, but not limited
to, its Internet privacy policy.
K.
Contact information. For questions regarding this policy, please
contact:
|
Village of Minoa
240 North Main Street
Minoa, New York 13116
(315) 656-3100
|
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstances is adjudged
invalid or unconstitutional by any court of competent jurisdiction,
such order or judgment shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this law or in
its application directly involved in the controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this chapter or the application thereof
to other persons or circumstances. Further, in adjudging such invalid
provision, the court shall attempt to modify same to a provision which
is not invalid or unconstitutional and which best achieves the intent
of the invalid provision.
