Privacy Policy

INTRODUCTION

Thank you for visiting the New York Lottery's Subscription Web site. This Web site is designed to make it easier and more efficient for individuals and businesses to interact with the New York Lottery. We recognize that it is critical for individuals and businesses to be confident that their privacy is protected when they visit the Lottery's Web site.

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 the Lottery's privacy practices regarding information collected from users of this Web site. This policy describes what information is collected and how that information is used. Because this privacy policy only applies to this Web site, you should examine the privacy policy of any Web site that you access (including other state agency Web sites).

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. The Lottery does not collect any personal information about you unless you provide that information voluntarily by sending an e-mail, by initiating an online transaction, such as a survey, registration for a Lottery Subscription or purchase of a Lottery Subscription.

INFORMATION COLLECTED AUTOMATICALLY WHEN YOU VISIT THIS WEB SITE

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 (ISP) 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 Web Site you visited prior to coming to this web site;
6. The Web Site you visit as you leave this web site;
7. If you downloaded a form, the form that was downloaded;
8. The name of the domain from which you access the Internet (for example aol.com if you are accessing from America Online); and
9. Your current Internet Network address (not your e-mail address)

None of the foregoing information is deemed to constitute personal information.

The information that is collected automatically is used to improve this Web site's content and to help the Lottery understand how users are interacting with the Web site. 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 Web site. This information is not collected for any purposes other than Lottery purposes.

COOKIES

Cookies are simple text files stored on your web browser to provide a means of distinguishing among users of this Web Site. To better serve you, we use "session cookies" to enhance or customize your visit to this Web Site. These session cookies do not contain personal information. We may use the cookie feature to store a randomly generated identifying tag on the computer or device you use to access this Web Site. Session cookies generally only last as long as your browser remains open.

You are also assigned a "persistent cookie" to be stored on your computer's hard drive. This persistent cookie will allow the Web Site to recognize you when you visit again.

The software and hardware you use to access this Web site 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 Web site.

PERSONAL INFORMATION COLLECTED FOR LOTTERY SUBSCRIPTIONS

If you choose to register for Lottery Subscriptions through this Web site, we will collect a variety of personal information from you at initial registration, some mandatory and some voluntary.

Mandatory Registration Personal Information

The following personal information is collected at initial registration and is necessary for the administration of Lottery Subscriptions:

• name (first, last)
• whether you are an individual or a business
• date of birth
• Social Security number (required before collection of any prize of $600 or more)
• email address
• username (self-selected)
• password (self-selected)
• challenge questions and responses (in case you lose your password)
• (postal) mailing address
• (postal) billing address
• whether or not you are a resident of Yonkers and/or New York City
• whether or not you are a (United States) non-resident alien
• phone number

We will use the mandatory information we collect primarily for administrative purposes, such as the administration of the Lottery, verification of eligibility, notification of winners or other purposes of the Lottery.

Optional Information and Information that We May Subsequently Require (for Certain Winners)

Other information we collect is optional and not required for registration, but may be required to claim a prize, including:

• gender
• preferred method of contact
• game play, promotional, and purchase location preferences
• whether or not you wish to be included in marketing surveys

Optional information you submit may be used in combination with certain mandatory information, such as name, physical address or email address for other purposes such as research and marketing or other Lottery purposes. By submitting this information, you consent to our use of it for such purposes.

Mandatory Non-Personal Information

If you choose to purchase a Lottery Subscription through our Web site, we will need to collect additional information from you. This includes both the game you want to play and details about the type and frequency of that play.

Registration by Alternate (Offline) Methods

If you choose to register to purchase subscriptions through an alternate method (e.g., using a form sent to the New York Lottery via U.S. Mail), an online profile may be created for you on this Web site. This profile may only be partially complete, and you may need to provide additional information. In any event, any profile created would be governed by the terms of this Policy.

PERSONAL INFORMATION NOTICE

To process your subscription application, you authorize the New York Lottery to collect personal information about you. You authorize the New York Lottery to use and release certain personal information, including your name, hometown and any photograph, video or audio recording, in any medium (including but not limited to newspaper, television, radio and internet), for purposes of marketing, advertising or other purposes of the New York Lottery. If you do not provide all or any part of the personal information requested, your application may not be processed. The New York Lottery requires your personal information to comply with the Internal Revenue Code and Tax Law income reporting and tax withholding requirements and under the authority of Tax Law Section 1604 to announce Lottery prize awards. The Lottery's Director of Prize Payment is the custodian of subscription and prize records and may be contacted by mail at POB 7500, Schenectady, New York 12301-7500 or by phone at (518) 388-3370.

WEB SITE FOR ADULT USE ONLY (AGE 18 AND OLDER)

The Lottery does not knowingly collect personal information from children or create profiles of children through this Web Site. The registration page requires registrants be at least 18 years of age to participate in New York Lottery transactions. 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 State law, be subject to public access. The Lottery 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, the Lottery does not collect any personal information about you during your visit to this Web site unless you provide that information voluntarily by sending an e-mail, participating in a survey or registering for Lottery Subscriptions or other interactive services we may provide. You may choose not to utilize some or all of these interactive services. While your choice not to participate in these activities may limit your ability to receive specific services or products through this Web site, it will not prevent you from requesting services or products from the Lottery by other means and will not normally have an impact on your ability to take advantage of other (non-interactive) features of the Web site, including browsing or downloading publicly available information. If you would like to participate in New York Lottery promotions and do not wish to enter personal information through this Web site, contact the Lottery via email or mail as provided at the end of this policy statement.

DISCLOSURE OF INFORMATION COLLECTED THROUGH THIS WEB SITE

The collection of information through this Web site and the disclosure of that information are subject to the provisions of the Internet Security and Privacy Act. The Lottery will only collect personal information through this Web site or disclose personal information collected through this Web site if the user has consented to the collection or disclosure of such personal information. The voluntary disclosure of personal information to the Lottery by the user, whether solicited or unsolicited, constitutes consent to the collection and disclosure of the information by the Lottery for the purposes reasonably ascertainable from the nature and terms of the transaction.

However, the Lottery may collect or disclose personal information without user consent if the collection or disclosure is: (1) necessary to perform the statutory duties of the Lottery, or necessary for the Lottery 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 Web site is subject to the provisions of the Freedom of Information Law and the Personal Privacy Protection Law.

The Lottery may disclose personal information to federal or state law enforcement authorities to enforce the Lottery's rights against unauthorized access or attempted unauthorized access to the Lottery's information technology assets or against other inappropriate use of this Web site.

Some portions of this Web Site, such as the registration form and purchase of Lottery Subscriptions and all credit card processing, are operated by third-party vendors. This Policy governs how those vendors will handle your information on behalf of the Lottery. The Lottery has in place agreements requiring those vendors to maintain reasonable security consistent with this section.

RETENTION OF INFORMATION COLLECTED THROUGH THIS WEB SITE

The information collected through this Web Site is retained by the Lottery 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_state.shtml. In general, the Internet services logs of the Lottery, comprising electronic files or automated logs created to monitor access and use of agency services provided through this Web site, are retained for a minimum of three weeks. Information, including personal information, that you submit in an e-mail or when you use any interactive services we may provide, including registering for Lottery Subscriptions, 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 WEB SITE

"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 telephone number. A domain name or Internet protocol address are not considered personal information.

Personal information provided during the registration process may be viewed and/or changed by clicking the appropriate link for viewing or editing your personal information after you have logged onto the Web site.

Any user may submit a request to the Lottery Privacy Compliance Officer to determine whether personal information pertaining to that user has been collected through this Web site. 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:

New York Lottery - Counsel's Office
One Broadway Center
P.O. Box 7500
Schenectady, New York 12301
(518) 388-3408

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 Lottery has collected personal information pertaining to a user through the Web site 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.

CONFIDENTIALITY AND INTEGRITY OF PERSONAL INFORMATION COLLECTED THROUGH THIS WEB SITE

The Lottery is strongly committed to protecting personal information collected through this Web Site against unauthorized access, use, or disclosure. Consequently, the Lottery limits access to personal information collected through this Web site to only those people who need access to the information in the performance of their official duties. Employees or contractors who have access to this information are required to follow appropriate procedures in connection with any disclosures of personal information.

In addition, the Lottery 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 Web site as part of our continuing commitment to the security of electronic content as well as the electronic transmission of information.

For Web site security purposes and to maintain the availability of the Web site for all users, software is used to monitor traffic to identify unauthorized attempts to upload or change information or otherwise damage this Web site.

If you believe that your personal information in being used for a purpose other than what was intended when submitted, you may contact the privacy compliance officer name above.

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 Web site.

CONTACT INFORMATION

For questions regarding this Web site, please contact:

(via e-mail)
gaming.sm.subscriptions@gaming.ny.gov

(via regular mail)
New York Lottery Subscriptions
PO Box 7590
Schenectady, New York 12301-7590