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City of Modesto
Online Privacy and Use Statement
Department of Information and Technology
revised: 12/06/02
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Section A. Introduction |
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This statement addresses collection, use, security of
and access to information that may be obtained through use of the City
of Modesto's web site (http://www.modestogov.com). It is provided for
informational purposes only. The information presented here is not meant
to be a contract of any type either expressed or implied, and should not
be treated as such by site visitors. The information in this statement
and/or the policies described here may change at any time, without prior
notice to any visitor.
This statement covers the following topics:
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Section B. Information Collected
and How it is Used (Back To
Top) |
1.
Information collected if you only browse this site.
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If
you do nothing during your visit to our web site but browse, read
pages, or download information, we will gather and store certain
information about your visit. This information does not identify
you personally. The following information is automatically
collected and stored about your visit:
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1. |
The
Internet Protocol Address and domain name used. The Internet
Protocol address is a numerical identifier assigned either to your
Internet service provider or directly to your computer. We use the
Internet Protocol Address to direct Internet traffic to you. This
address can be translated to determine the domain name of your
service provider (e.g. xcompany.com or yourschool.edu). Generally,
the City only determines visitor domain names if a security issue
is suspected;
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2. |
The type of
browser and operating system you used;
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3. |
The date and
time you visited this site;
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4. |
The web
pages, downloaded files or services you accessed at this site; and
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5. |
The web site
you visited prior to coming to this web site.
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This
information is collected for statistical and site management
purposes. The City's web site uses software programs to create
summary statistics, which are used for such purposes as assessing
what information is of most and least interest, determining
technical design specifications, and identifying system
performance or problem areas.
For site security purposes and to ensure that
this service remains available to all users, the City's web site
employs software programs to monitor network traffic to identify
unauthorized attempts to upload or change information, or
otherwise cause damage. Except for authorized law enforcement
investigations and the security purposes mentioned elsewhere in
this notice, no other attempts are made to identify individual
users or their usage habits. Raw data logs are used for no other
purposes.
Unauthorized attempts to upload information or
change information on this service are strictly prohibited and may
be punishable under state and federal statutes including the
Computer Fraud and Abuse Act of 1986 and the National Information
Infrastructure Protection Act.
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2.
What we collect if you volunteer information.
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If
during your visit to our web site you participate in a survey,
send an email, or perform some other transaction on-line, the
following additional information will be collected:
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1. |
The email
address, and contents of email, for those who communicate with us
via email.
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2. |
Information
volunteered in response to a survey.
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3. |
Information
volunteered through an on-line form for any other purpose.
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4. |
Information
volunteered by participating in an online transaction with the
City.
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The
information collected is not limited to text characters and may
include audio, video, and graphic information formats you send us.
We use your email address to respond to you.
Survey information is used for the purpose identified by the
survey. Information from other on-line forms is used only for
conducting City business related to the online form.
Information provided for a transaction is used
only for the purpose of completing and recording the transaction.
Information requested will be no more specific than if a visitor
were engaging in the transaction by other means, including by
telephone or in-person while visiting a City facility. In all
cases, the City strives to collect the minimum information
necessary to comply with applicable law or provide the service
requested.
The City does not sell, rent or otherwise
distribute visitor's information, including electronic mail
addresses, to any outside company or organization, unless legally
required to do so. This applies to information that may be
collected on the City's site and on that of any third party with
whom the City contracts to provide Internet related services. |
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Section C. Personal Information and
Choice (Back To Top) |
You may choose whether to provide personal information
on-line.
"Personal information" is information about
a natural person that is readily identifiable to that specific
individual. Personal information includes such things as an individual's
name, address, and phone number. A domain name or Internet Protocol
address is not considered personal information.
We collect no personal information about you unless
you voluntarily provide it to us by sending us email, participating in a
survey, completing an on-line form, or engaging in an online
transaction. You may choose not to contact us by email, participate in a
survey, provide personal information using an online form, or engage in
an electronic transaction. Your choice to not participate in these
activities will not impair your ability to browse, read, or download
general information provided on the site. Information protected on this
site by a password, when subject to disclosure, may be obtained by
contacting the City directly.
If personal information is requested on the web site
or volunteered by the user, state law and the federal Privacy Act of
1974 may protect it. However, this information is treated like any other
information provided to the city, and may be subject to public
inspection and copying if not protected by federal or state law.
If you believe that your personal information is being
used for a purpose other than what was intended when submitted, please
contact the department responsible for collecting the information. See
Contacts for specifics.
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Section D. Public Access to
Personally Identifiable Information (Back
To Top) |
In the State of California, laws exist to ensure that
government is open and that the public has a right to access appropriate
records and information possessed by government. At the same time, there
are exceptions to the publics right to access public records. These
exceptions serve various needs including maintaining the privacy of
individuals. Both State and federal laws provide exceptions.
All information at this site becomes public record that may be subject
to inspection and copying by the public, unless an exemption in law
exists. In the event of a conflict between this Privacy and Use
Statement and the California Public Records Act, the California Civil
Discovery Act of 1986, the Information Practices Act, or any other law
governing the disclosure of records, the California Public Records Act,
the California Civil Discovery Act of 1986, the Information Practices
Act, or other applicable law will control.
The City of Modesto only shares such public records with another
government agency if the user's inquiry relates to that agency, to
protect the interests of others, to protect and defend the rights or
property of the City of Modesto or as otherwise provided by law.
While the California Public Records Act sets the general policies for
access to City records, other sections of California code as well as
federal laws may also deal with confidentiality issues.
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Section E. Procedure for Review and
Correction of Personally Identifiable Information (Back
To Top) |
Unless otherwise prohibited by state or federal law,
rule or regulation you will be granted the ability to review and correct
the personally identifiable information collected. Prior to making your
information available or revising it, the City of Modesto will take
reasonable steps to verify your identity. Each city service that
collects personally identifiable information will allow for review and
update of that information. See Contacts for specifics.
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Section F. Children's Privacy
Policy (Back To Top) |
Any information collected by any City site from
children under 13 is subject to the same guidelines as the general City
Privacy and Use Statement. In addition, the following guidelines will be
followed for any information collected by or for any child under 13:
- Information that could be collected from or for a
minor includes but might not be limited to name, address, telephone
number, e-mail address, school, and hobbies.
- Parental (including legal guardian) Consent
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Parental consent
will be obtained before collecting, using or disclosing
personal information about a child.
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If any information
practices change in a "material" way, new consent
will be obtained from the parents. This includes changes in
the kinds of material being collected, a change in how that
information is being used, or if there is a change in the
third parties that have access to that information.
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- Parents will be able to review the personal information collected
from their children. This will require verification of the identity
of the requesting parent. See Procedure for Review and Correction of
Personally Identifiable Information for specifics.
- Parents will be allowed to revoke their consent and
delete information collected from or for their children on request. When
consent is revoked, the website will stop collecting, using or
disclosing information from or for that child. Revocation may end a
child's participation in an activity if the information collected was
necessary for participation on the website.
- Additional information can be obtained at the FTC's
Consumer Response Center and the Kidz Privacy websites.
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Section G. Use of Cookies and Applets
(Back To Top) |
Cookies are simple text files stored on your computer
by your web browser. The City does not currently use cookies on its web
site. However, because cookies can be used to customize your browsing
experience and confirm the integrity of an online transaction, the City
may decide to use them in the future. If the decision is made to use
cookies, the only personal information they will contain is information
you supply yourself.
The use of Cookies can be disabled through a setting
in your browser. However this may prevent you from using features that
require them.
An Applet is a program that can be included in an HTML
page, much in the same way an image is included. When you use a browser
to view a page that contains an applet, the applet's code is transferred
to your system and executed by the browser. Applets are intended to
enhance your browsing experience by enabling you to view information in
a unique manner or enable access to information that your computer would
otherwise be unable to access without the applet.
The use of Applets can be disabled through a setting
in your browser. However this may prevent you from using features that
require them.
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Section H. Security (Back To Top) |
Unless a particular web page on the City of Modesto's
web site indicates that encryption technology is being used, the user
should not assume that information uploaded through that web page to the
City of Modesto's web server will be treated as confidential. If a user
submits information to the City of Modesto's server through a web page
containing visible indicators of active encryption technology, the City
of Modesto will take all reasonable precautions to safeguard the
confidentiality of such information, but shall nevertheless not be held
liable for any injury caused by the disclosure of that information,
whether caused by security breach, accident, inadvertence or any other
act resulting in disclosure.
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Section I. Electronic Commerce (Back To Top) |
Increasingly, you have the option to do business with
the City over the Web including making electronic payments for goods and
services. Such transactions are allowed only under tightly controlled
circumstances, where there are appropriate technological and other
safeguards in place to protect financial and other sensitive data.
Under statute, the City is responsible for properly
securing communications that are exempt from public disclosure. This
includes financial information.
The design of the electronic commerce systems
supported on the City's web site is such that financial data remains
primarily with financial institutions. Wherever possible, financial
information is not seen or collected by the City itself. Instead,
designated banks route the data, transfer the funds and confirm payment
to both you and the City. In addition, measures including but not
limited to encryption are used to ensure the integrity and security of
your financial information.
The provision of this Privacy and Use Statement shall
not be construed in any way as giving business, legal, or other advice,
or warranting as fail-proof, the security of information provided via
the City's web site.
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Section J. Disclaimer of Linked Content
(Back To Top) |
The City's web site has many links to other web sites.
These include links to web sites operated by other government agencies,
nonprofit organizations and private businesses. When you link to another
site, you are no longer on the City's web site and this Privacy Notice
will not apply. When you link to another web site, you are subject to
the privacy policy of that new site. Visitors linking to another site
are encouraged to examine the privacy policy of that site.
Neither the City, nor any department, officer, or
employee of the City warrants the accuracy, reliability or timeliness of
any information published by this system, nor endorses any content,
viewpoints, products, or services linked from this system, and shall not
be held liable for any losses caused by reliance on the accuracy,
reliability or timeliness of such information. Portions of such
information may be incorrect or not current. Any person or entity that
relies on any information obtained from this system does so voluntarily
at his/her own risk.
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Section K. Limitation of Liability (Back To Top) |
The City of Modesto attempts to maintain the highest
accuracy of content of its web site. Any errors or omissions should be
reported for investigation.
The City of Modesto makes no claims, promises, or
guarantees about the absolute accuracy, completeness or adequacy of the
contents of this web site and expressly disclaims liability for errors
and omissions in the contents of this web site. No warranty of any kind,
implied, expressed, or statutory, including but not limited to the
warranties of non-infringement of third party rights, title,
merchantability, fitness for a particular purpose, and freedom from
computer virus, is given with respect to the contents of this web site
or its hyperlinks to other internet resources.
Reference in this web site to any specific commercial
products, processes, or services, or the use of any trade, firm, or
corporation name is for the information and convenience of the public,
and does not constitute endorsement, recommendation, or favoring by the
City of Modesto, or its employees or agents.
This Privacy and Use Statement is subject to change
without notice.
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Section L. Ownership Statement (Back To Top) |
In general, information presented on this web site,
unless otherwise indicated, is considered in the public domain. It may
be distributed or copied as permitted by law. However, the City of
Modesto does make use of copyrighted data (e.g. photographs), which may
require additional permissions prior to your use. In order to use any
information on this web site not owned or created by the City, you must
seek permission directly from the owning (or holding) sources. The City
shall have the unlimited right to use for any purpose, free of any
charge, all information submitted via this site except those submissions
made under separate legal contract. The City shall be free to use, for
any purpose, any ideas, concepts, or techniques contained in information
provided through this site.
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Section M. Contact
(Back To Top) |
The City of Modesto is made up of several departments.
Each department is responsible for the personally identifying
information it collects. To review your collected personal information,
if any, or request correction of factual errors in your personal
information, please contact the department that requested the
information. Contact information can be found on each department's main
web page.
To offer comments about the information presented in
this Privacy and Use Statement, please contact:
By e-mail: webmaster@modestogov.com
By fax: (209) 491-4333
By mail: Webmaster
City of Modesto
P.O. Box 642
Modesto, CA 95353
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P.O. Box 642, Modesto, CA 95353