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NEW YORK STATE CONTRACT SYSTEM METROPOLITAN TRANSPORTATION AUTHORITY PORTAL PRIVACY POLICY

The Metropolitan Transportation Authority’s (“MTA”) portal (the “MTA Portal”) on the New York State Contract System (“NYSCS”) website (the “NYSCS Website”) is maintained by B2GNow (“B2G”), which also maintains the NYSCS website on behalf of New York State.  The MTA Portal is designed to make it easier and more efficient for individuals and businesses to interact with the MTA with regard to the Minority- and Women-Owned Business Enterprise (“MWBE”) Program contract requirements. The MTA and its subsidiary and affiliated agencies (collectively, the "MTA Agencies") are committed to protecting your privacy when you use the MTA Portal.

Overview

Consistent with the provisions of the New York State Internet Security and Privacy Act, the New York State Freedom of Information Law and the New York State Personal Privacy Protection Law, this Policy describes the MTA Agencies’ privacy practices regarding information collected from users of the MTA Portal, such as: 

  1. what information is collected when you access and use the MTA Portal; and
  2. how that information is used.

Please carefully read this Policy before submitting any personal information, including your contact information (email address, telephone number and physical address), financial information or other non-public facing information. This Policy may change from time to time without notice to you, so please check back to review the most recent version of this Policy.  In addition, because this Policy only applies to the MTA Portal itself and not linked websites, you should review the privacy policy of any other websites that you access from the MTA Portal.  In particular, you should look to privacy policy disclosure relating to the NYSCS Website to understand how New York State is addressing privacy with respect to those interactions with the NYSCS Website not controlled by the MTA Agencies and B2G through the MTA Portal.

For purposes of this Policy, "personal information" means any information concerning a natural person, as opposed to a corporate entity, which, because of a name, number, symbol, mark, or other identifier, can be used to identify that natural person. The MTA Agencies 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 viewing and/or modifying your NYSCS account or submitting a feedback form to the MTA Agencies or B2G. The information that is available to the MTA Agencies depends upon which sections of the website you visit and what actions you take on the MTA Portal.

Information Collected Automatically When You Visit the MTA Portal

When you visit the MTA Portal, the MTA Agencies and B2G automatically collect certain non-personal information about your visit which may include:

  1. the internet domain name/IP address from which you access the MTA Portal;
  2. the type of browser and operating system you used;
  3. the date and time of your visit;
  4. the pages you visit;
  5. the referring web site address, if any;
  6. the website you visit as you leave the MTA Portal; and
  7. any forms downloaded during your visit.  

The non-personal information automatically collected from your visit to the MTA Portal may be used to improve the content of the MTA Portal, help the MTA Agencies understand how users are interacting with the MTA Portal and assist B2G with site safety and security monitoring of the MTA Portal.  The non-personal information is not collected for commercial marketing purposes and the MTA Agencies and B2G will not sell or otherwise disclose the information for commercial marketing purposes.

Cookies and Web Beacons

The use of cookies is a standard practice among Internet websites. Cookies are simple text files stored on your web browser to provide a means of distinguishing among users of the MTA Portal.  To better serve you, the MTA Agencies and B2G may use “session cookies” to enhance your visit to the MTA Portal by collecting information such as the server your computer is logged into and your browser type. Session cookies can be created automatically on the device you use to access the MTA Portal. These session cookies do not contain personal information and do not compromise your privacy or security.  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 MTA Portal may allow you to refuse new cookies or delete existing cookies. Refusing or deleting cookies may limit your ability to take advantage of some features of the MTA Portal.

The MTA Agencies and B2G may also use web beacons, alone or in conjunction with cookies, to generally improve MTA Portal performance and user experience. A web beacon is a transparent or otherwise invisible graphic image file placed on a web page or in an email used to monitor who is reading a web page or the relevant email.  A web beacon does not contain any personal information, nor is any information that is personally identifiable to you transmitted using the web beacon. The MTA Agencies and B2G do not sell, rent, trade, or otherwise distribute information about you gathered through the web beacons with any third parties. 

Information Collected When You E-mail the MTA Portal or Initiate an Online Transaction

During your visit to this MTA Portal, you may send an email or submit a feedback form to the MTA and/or B2G.  If so, the MTA Agencies and B2G will collect your email and the contents of your message.  In addition to the text characters, the MTA Agencies and B2G may collect audio, video and graphic information formats included in the message. The MTA Agencies and B2G may use your e-mail address and the information included in your message to: respond; address issues you identify; improve the MTA Portal and/or the NYSCS Website; or forward your message to New York State or another entity for appropriate action. The MTA Agencies and B2G do not collect, sell or otherwise disclose your e-mail address for commercial purposes.

During your visit to this MTA Portal, you may initiate a transaction such as opening a NYSCS account or viewing and modifying an existing NYSCS account. The MTA Agencies and B2G may use the information, including personal information that you volunteered by initiating the transaction to open, operate and maintain your NYSCS account, such as periodic notices and correspondence. The MTA Agencies and B2G may disclose such information for those purposes that may be reasonably ascertained from the nature and terms of the transaction in connection with which the information was submitted, or as otherwise required by law.

The MTA Agencies and B2G do not knowingly collect personal information from children or create profiles of children through the MTA Portal. 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 by federal or state law, be subject to public access. The MTA Agencies strongly encourage parents, guardians and teachers to be involved in children's Internet activities and to provide guidance whenever children are requested or otherwise have the opportunity to provide personal information online.

Information and Choice

As noted above, the MTA Agencies and B2G do not collect any personal information about you during your visit to the MTA Portal, unless you provide that information voluntarily by sending an email, submitting an online form/feedback or initiating an online transaction such as opening an NYSCS account or viewing and modifying an existing NYSCS account.  You may choose not to provide such information. While your choice not to participate in these activities may limit your ability to use the NYSCS and your NYSCS account, it will not prevent you from accessing your NYSCS account and browsing any publicly available information.

Disclosure of Information Collected Through The MTA Portal

For the MTA Agencies, and B2G when acting on behalf of the MTA Agencies, the collection of information through the MTA Portal and the disclosure of that information are subject to the provisions of the New York State Internet Security and Privacy Act. The MTA Agencies and B2G will only collect personal information through the MTA Portal or disclose personal information collected through the MTA Portal if the user has consented to the collection or disclosure of such personal information or under the circumstances described below. The voluntary disclosure of personal information to the MTA Agencies and B2G by the user, including participation in an online transaction, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the MTA Agencies and B2G for the purposes reasonably ascertainable from the nature and terms of the disclosure.

The MTA Agencies and B2G may collect or disclose personal information without user consent if the collection or disclosure is:

  1. necessary to perform the statutory duties of the MTA Agencies, or necessary for the MTA Agencies to operate a program authorized by law, or authorized by state or federal statute or regulation;
  2. made pursuant to a court order, subpoena or required by law;
  3. required for the purpose of validating the identity of the user; or
  4. 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 the MTA Portal is subject to the provisions of the New York State Freedom of Information Law and the New York State Personal Privacy Protection Law.

The MTA Agencies and B2G may disclose personal information to federal or state or local law enforcement authorities to enforce the MTA Agencies’ and B2G’s rights against unauthorized access or attempted unauthorized access to the MTA Agencies’ and B2G’s information technology assets or against other inappropriate use of the MTA Portal.

The information collected by one or more of the MTA Agencies may be shared among them and disclosed by them, specifically to NYS, in accordance with the law. The information is not collected for commercial marketing purposes and the MTA Agencies will not sell or otherwise disclose the information collected from the MTA Portal for commercial marketing purposes.

Retention of Information Collected Through the MTA Portal

In general, B2G’s Internet services logs, comprised of electronic files or automated logs created to monitor access and use of services provided through the MTA Portal, are retained for 120 days and then destroyed.  Information, including personal information, that you submit in an email or when you initiate an online transaction such as opening an account or viewing and modifying an existing account, is retained in accordance with the applicable records retention and disposition requirements of New York law. Information concerning records retention and disposition schedules may be obtained at http://www.archives.nysed.gov/a/records/mr_pub_mi1_part1.shtml and by contacting the MTA Privacy Compliance Officer listed below.

Access to and Correction of Personal Information Collected Through the MTA Portal

Any user may submit a request to the MTA Privacy Compliance Officer to determine whether personal information pertaining to that user has been collected and retained through the MTA Portal. 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 other appropriate identification. Such a request should be mailed to the MTA Privacy Compliance Officer:

Privacy Compliance Officer
Metropolitan Transportation Authority
2 Broadway, Room C4.64

New York, NY 10004

The Privacy Compliance Officer shall, within (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 therefor; 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 MTA Agencies have collected and retained personal information pertaining to a user through the MTA Portal and that information is to be provided to the user pursuant to the user's request, the MTA Agencies 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 New York State Public Officers Law.

Confidentiality and Integrity of Personal Information Collected Through the MTA Portal

The MTA Agencies and B2G are strongly committed to protecting personal information collected through this MTA Portal against unauthorized access, use or disclosure. Consequently, the MTA Agencies and B2G limit employee access to personal information collected through the MTA Portal 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 maintain its confidentiality and follow appropriate procedures in connection with any disclosures.

In addition, the MTA Agencies and B2G have implemented procedures to safeguard the integrity of their information technology assets including, but not limited to, authenticating, monitoring, auditing and encrypting such information. Security procedures have been integrated into the design, implementation and day-to-day operations of the MTA Portal and B2G as part of a continuing commitment to the security of electronic content as well as the electronic transmission of information.

As an additional security measure, this MTA Portal requires the use of a User ID and Password to help protect your confidential information. This allows the MTA Agencies and B2G to verify the user and prevent unauthorized access. You are responsible for maintaining the confidentiality of your User ID and Password, and agree to immediately notify the MTA Agencies of any unauthorized use of your password or account or any other breach of security.

For website security purposes and to maintain the availability of the MTA Portal for all users, the MTA Agencies and B2G employ software to monitor website traffic to identify unauthorized attempts to upload or change information or otherwise damage the MTA Portal.

Links

In order to provide users with certain information, the MTA Agencies and B2G may provide links to the websites of local, state and federal government agencies, and to the websites of other public and private 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 from the MTA Portal to another website, you are subject to the terms and conditions of that website including, but not limited to, its internet privacy policy.

Disclaimer

The information provided in this Policy should not be construed as giving business, legal or other advice, or warranting as fail proof, the security of information provided through the MTA Portal.

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