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DoD, GSA, and NASA Propose Privacy Training Requirements Posted by DigitalDominion
(2011/10/17)
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| DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 24 and 52
[FAR Case 2010–013; Docket 2010–0013;
Sequence 1]
RIN 9000–AM02
Federal Acquisition Regulation;
Privacy Training, 2010–013
AGENCY: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to require contractors to complete training that addresses the protection of privacy, in accordance with the Privacy Act of 1974, and the handling and safeguarding of personally identifiable information.
DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before December 13, 2011 to be considered in the formation of the final rule.
ADDRESSES: Submit comments in
response to FAR case 2010–013 by any
of the following methods:
• Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2010–013’’ under the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2010–013.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2010–013’’ on your attached
document.
• Fax: (202) 501–4067.
• Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street, NE., 7th Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FAR Case 2010–013, in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement Analyst, at (202) 501–2364 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAR Case 2010–013.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to add a new subpart 24.3, entitled ‘‘Privacy Training,’’ and related clause to ensure that contractors identify employees who require access
to a Government system of records, handle personally identifiable information, or design, develop, maintain, or operate a system of records on behalf of the Federal Government,
and who, therefore, are required to complete privacy training initially upon award of the procurement and at least annually thereafter. In addition, contractors are required to keep records indicating that employees have
completed the required training and, upon request, provide those records to the Government. This rule does not apply to commercial items.
These requirements are consistent with subsection (e), Agency requirements, and subsection (m), Government contractors, of the Privacy Act of 1974, 5 U.S.C. 552a. Other applicable authorities that address the responsibility for Federal agencies to ensure that Government and contractor personnel are instructed on compliance requirements with the laws, rules, and guidance pertaining to handling and safeguarding personally identifiable information include the E–Government Act of 2002, the Federal Information Security Management Act (FISMA) of 2002, and Federal guidance from the Office of Management and Budget (OMB), e.g., OMB Memorandum M–07– 16, entitled ‘‘Safeguarding Against and Responding to the Breach of Personally Identifiable Information,’’ issued May 22, 2007; OMB Memorandum M–10–23, entitled ‘‘Guidance for Agency Use of Third-Party Web sites and Applications,’’ issued June 25, 2010 (this memorandum contains the most current definition of personally identifiable information, and clarifies the definition provided in M–07–16); and OMB Circular No. A–130, entitled ‘‘Management of Federal Information Resources,’’ which address significant requirements for safeguarding and handling personally identifiable information and reporting any theft, loss, or compromise of such information. In addition, FAR subpart 24.1 requires that Federal agencies contracting for the design, development, or operation of a system of records on individuals must extend all Privacy Act safeguards to the contractor and its employees working on the contract. Minimum requirements for privacy training are proposed for the coverage in order to ensure consistency across the Government. For example, any privacy training must address the protection of privacy, in accordance with the Privacy Act (5 U.S.C. 552a), and the handling and safeguarding of personally identifiable information. The proposed FAR text includes seven mandatory elements of the privacy training, including any agency-specific requirements. Many agencies currently require that designated contractor employees complete agency-developed privacy training, but, in some circumstances, an agency may provide a contractor with the Privacy Act requirements and have the contractor develop the training package. While the use of an agency-developed privacy training package is the most common approach, and the approach embodied in the clause at FAR 52.224–XX, Privacy Training, the proposed FAR language provides an Alternate I to the FAR clause for those cases where the agency prefers to have the contractor create the privacy training package. Additionally, the proposed FAR language provides an Alternate II to the FAR clause for those instances when it’s determined to be in the best interest of the Government for a contractor employee to attend agency provided privacy training.
Under the proposed FAR rule, a contractor employee who requires access to a Government system of records will be granted or allowed to retain such access only if the individual has (1) Completed privacy training and (2) met all other applicable agency requirements.
II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act The change may have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act 5 U.S.C. 601, et seq. The Initial Regulatory Flexibility Analysis (IRFA) is summarized as follows:
This proposed rule was initiated to ensure that contractor personnel who handle personally identifiable information; design,
develop, maintain, or operate a system of records on behalf of the Government; or require access to a Government-owned system of records are properly trained on the requirements of applicable laws and appropriate safeguards to ensure the security and confidentiality of personally identifiable information.
Such training of contractor employees is required by provisions of the Privacy Act (5 U.S.C. 552a), Title III of the E-Government Act of 2002, the Office of Management and Budget (OMB) Memorandum M–07–16, and existing Privacy Act clauses (52.224–1 and 52.224–2). Various other statutes, applicable authorities, and memoranda address the responsibility of Federal agencies to ensure that Government and contractor personnel are instructed on compliance requirements pertaining to the handling and safeguarding of personally identifiable information. The list includes, but is not limited to the following:
• The Federal Information Security Management Act (FISMA) of 2002 (44 U.S.C. 3541);
• OMB Memorandum M–06–15, Safeguarding Personally Identifiable Information; and
• OMB Circular No. A–130, Management of Federal Information Resources.
The proposed rule requires all contractors with contracts that require employees to have access to personally identifiable information to complete training that addresses the statutory requirements for protection of privacy, in accordance with the Privacy Act (5 U.S.C. 552a), and the handling and safeguarding of personally identifiable information. This rule requires the contractor to identify its employees who require access, ensure that those employees complete agency-provided privacy training before being granted access and annually thereafter, and maintain records of the training. In a few cases, the content of the training will not be provided by the agency but will be created by the contractor in accordance with Alternate I to the clause at FAR 52.224–XX.
Alternate II to the clause at FAR 52.224–XX if it is determined to be in the best interest of the Government for a contractor employee to attend agency-provided privacy training. This rule does not apply to commercial items.
Information obtained from the Federal Procurement Data System for Fiscal Year 2009 demonstrates that 98,864 small business concerns were awarded contracts and 197,728 firms were awarded subcontracts. However, only contracts for the types of work identified in the paragraphs above will be subject to the privacy-training requirement. We estimated that approximately one-half of one percent of all small business Government prime contractors and subcontractors will be required to conduct privacy training as follows:
Small business prime contractors
........................................ 98,864
Small business subcontractors + 197,728
Total small businesses ..... 296,592
Percent w/privacy-training requirement............................. × 0.005
Number of small businesses impacted ............................... 1,483
Recordkeeping associated with this proposed rule is minimal; there are no required formats or templates for the records, and they will be retained by the contractor in most cases. The Government only will request a contractor’s training records on an exception basis, i.e., if the Government has a particular reason to check on a contractor’s compliance with the training requirement. The Regulatory Secretariat will be submitting a copy of the Interim Regulatory Flexibility Analysis (IRFA) to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2010–013) in correspondence.
IV. Paperwork Reduction Act
The Paperwork Reduction Act (44U.S.C. chapter 35) applies. The proposed rule contains information collection requirements. Accordingly, the Regulatory Secretariat has submitted a request for approval of a new information collection requirement concerning ‘‘Privacy Training’’ to the Office of Management and Budget.
A. Public reporting burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The recordkeeping requirements are minor, and records generally will be retained within the contractor’s organization. While a contractor is required to identify its employees who require initial privacy training and annual privacy training thereafter, there is no requirement to collect this information in a particular format or provide it to the Government, other than on an exception basis, i.e., when there is an indication that the contractor is not complying with the training requirements.
The annual reporting burden is estimated as follows:
Respondents ............................. 148
Responses per respondent ...... 1
Total annual responses .... 148
Preparation hours per response................................... 1
Total response burden hours .............................. 148
B. Request for Comments Regarding Paperwork Burden.
Submit comments, including suggestions for reducing this burden, not later than December 13, 2011 to: FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC 20503, and a copy to the General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street, NE., 7th Floor, Washington, DC 20417.
Public comments are particularly invited on: whether this collection of information is necessary for the proper performance of functions of the FAR, and will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Requester may obtain a copy of the supporting statement from the General Services Administration, Regulatory Secretariat (MVCB), Attn: Hada Flowers, 1275 First Street, NE., 7th Floor, Washington, DC 20417. Please cite OMB Control Number 9000–0182, FAR Case 2010–013, Privacy Training, in correspondence.
List of Subjects in 48 CFR Parts 24 and 52
Government procurement.
Dated: October 6, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 24 and 52 as set forth below:
1. The authority citation for 48 CFR parts 24 and 52 continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
PART 24—PROTECTION OF PRIVACY
AND FREEDOM OF INFORMATION
2. Add subpart 24.3 to read as follows:
Subpart 24.3—Privacy Training
Sec.
24.301 Privacy Training.
24.302 Contract clause.
Subpart 24.3—Privacy Training
§ 24.301 Privacy training.
(a) Contractors are responsible for conducting initial privacy training, and annual privacy training thereafter, for employees who—
(1) Require access to a Government system of records;
(2) Handle personally identifiable information; or
(3) Design, develop, maintain, or operate a system of records on behalf of the Federal Government (see subpart 24.1 and 39.105).
(b) Agencies shall provide contractors with the privacy training materials (in a format deemed appropriate) necessary to satisfy the requirement described in paragraph (a) of this section unless, on an exception basis, the contracting officer authorizes a contractor to provide its own privacy training materials (see 24.302(b)).
(c) Privacy training shall, at a minimum, address—
(1) The protection of privacy, in accordance with the Privacy Act (5 U.S.C. 552a);
(2) The handling and safeguarding of personally identifiable information;
(3) The authorized and official use of a Government system of records;
(4) Restrictions on the use of personally-owned equipment to process, access, or store personally identifiable information;
(5) The prohibition against access by unauthorized users, and unauthorized use by authorized users, of personally identifiable information or systems of records on behalf of the Federal Government;
(6) Breach notification procedures(i.e., procedures for notifying appropriate individuals when privacy information is lost, stolen, or compromised) to minimize risk and to ensure prompt and appropriate actions are taken should a breach occur; and
(7) Any agency-specific privacy training requirements.
(d) The contractor is responsible for ensuring that employees identified in paragraph (a) of this section complete the required training and maintain evidence of appropriate training completed. The contractor is required,upon request, to provide evidence of completion of privacy training for all applicable employees.
(e) Each contractor employee who requires access to a Government system of records, handles personally identifiable information, or designs, develops, maintains, or operates a Government system of records, shall be granted or allowed to retain such access only if the individual—
(1) Has completed agency-mandated privacy training that, at a minimum, addresses the elements in paragraph (c) of this section; and
(2) Has met all other applicable agency requirements.
§ 24.302 Contract clause.
(a) When contractor employees will have access to a Government system of records, handle personally identifiable information, or design, develop, maintain, or operate a system of records, the contracting officer shall insert the clause at FAR 52.224–XX, Privacy Training, in solicitations and contracts.
(b) When the contracting officer elects to have the contractor provide its own privacy training materials, use Alternate I in lieu of paragraph (a) of the basic clause.
(c) When an agency elects to provide privacy training to contractor employees, use Alternate II in lieu of paragraph (a) of the basic clause.
PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add section 52.224–XX to read as follows:
52.224–XX Privacy Training. As prescribed in 24.302(a), insert the following clause:
Privacy Training (Date)
(a) The Contractor shall conduct initial privacy training, and annual privacy training thereafter, using the Government-provided privacy training materials, for employees who—
(1) Require access to a Government system of records;
(2) Handle personally identifiable information; or
(3) Design, develop, maintain, or operate a system of records on behalf of the Federal Government (see also FAR subpart 24.1 and 39.105).
(b) The Contractor shall ensure that its employees, as identified in paragraph (a) of this clause, complete the required training in a timely manner. In addition, the Contractor shall maintain privacy training records, and, upon request, shall provide to the Contracting Officer evidence of privacy training completed for applicable employees.
(c) The Contractor shall not grant any employee access to a Government system of records or personally identifiable information until the employee has completed privacy training, as required by this clause, and has met all other applicable agency requirements.
(d) The substance of this clause, including this paragraph (d), shall be included in all subcontracts under this contract, when subcontractor employees will (1) have access to a Government system of records, (2) handle personally identifiable information, or (3) design, develop, maintain, or operate a system of records on behalf of the Federal Government.
(End of clause)
Alternate I (Date). If the agency elects to have the Contractor provide its own privacy training materials, substitute the following paragraph (a) for paragraph (a) of the basic clause:
(a)(1) The Contractor shall conduct initial privacy training, and annual privacy training thereafter, using its own privacy training materials, for employees who—
(i) Require access to a Government system of records;
(ii) Handle personally identifiable information; or
(iii) Design, develop, maintain or operate a system of records on behalf of the Federal Government (see also FAR subpart 24.1 and 39.105).
(2) The privacy-training materials shall, at a minimum, address—
(i) The protection of privacy, in accordance with the Privacy Act (5 U.S.C. 552a);
(ii) The handling and safeguarding of personally identifiable information;
(iii) The authorized and official use of a Government system of records;
(iv) Restrictions on the use of personally owned equipment to process, access, or store personally identifiable information;
(v) The prohibition against access by unauthorized users, and unauthorized use by authorized users, of personally identifiable information or a system of records on behalf of the Federal Government;
(vi) Breach notification procedures (i.e., procedures for notifying appropriate individuals when privacy information is lost, stolen, or compromised); and
(vii) Any agency-specific privacy training requirements specified by the Contracting Officer.
Alternate II (Date). If the agency elects to provide privacy training to contractor employees, substitute the following paragraph (a) for paragraph (a) of the basic clause:
(a)(1) The Government shall provide initial privacy training, and annual privacy training thereafter, to contractor employees who—
(i) Require access to a Government system of records;
(ii) Handle personally identifiable information; or
(iii) Design, develop, maintain, or operate a system of records on behalf of the Federal Government (see also subpart 24.1 and 39.105).
(2) The Government will conduct privacy training to Contractor employees in the same format given its own employees (e.g., lecture, computer-based training, Web-based training, video conferencing, etc.).
[FR Doc. 2011–26546 Filed 10–13–11; 8:45 am] |
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arise or exist and no such professional who post information or otherwise
responds to you through or by means of this Website shall have any
obligation, duty or liability to you whatsoever.
- You represent that you are at least 18 years of age.
Policies - Effective April 4, 2010
Copyright
The design, format, and structure of our pages, directories, and other
portions of this Website, to the extent not owned by others (such as the developers
of the programs we license and utilize as part of our site or content
contributed by third parties ) are copyright by this Website and it is unlawful to reproduce such pages and formats or
the information contained therein without the express written consent of
this Website or the owner of such other material. Material and information
linked to is and remains the property of the respective owners thereof, and any
usage of such material is subject to applicable copyright and other laws and
requirements of the owners of those sites.
Linking
We welcome links to our site from other sites and grant license to do so
freely provided the following conditions are satisfied:
- The link is to our home page and not to a
"deep link" (sub page or part of our site unless we have granted our express
written permission for such a deep link).
- The link is not placed within a frame or otherwise intended to be viewed
in a manner which makes our site appear to be part of or sponsored by some
other site or which does not permit the display of the entire page and
contents, including navigation bars and banners.
- By linking to our site you grant us permission to link to your site.
Unless you otherwise advise us by E-mail, such permission is permission to
link to you home page or any deep link within provided we also do not place
such link within a frame or otherwise limit the display of the entire page
and contents, including navigation bars and banners.
- The site from which our site is linked must not be of an obscene or
sexually oriented nature, one devoted to ethnic hate or religious
intolerance, or one which contains graphic portrayals of violence or other
acts or scenes generally considered distasteful by community standards and
the usage and link to our site must be done in a tasteful manner consistent
with Virginia community standards (i.e. links are not placed in the context
of sexually oriented content, " ethnic hate oriented content", or other
defamatory or obscene material.
- You agree to notify us of the link via E-mail.
- You agree that if requested, you will remove the link.
Submissions
By submitting information to our site, whether by posting to a bulletin
board, participation in a chat room, subscription to a newsletter, submission of
a directory listing or otherwise providing information to us or to others by
means of our site you represent and warrant to this Website that (1)
if made on behalf of a business entity or a person other than You, that You have
legal power and authority to make such submission, (2) that the information
contained in such submission is true, (3) that You own or have the right to
submit such information and that such information is not the property of or
subject to copyright, any other rights of others, or any other restriction or
limitation upon its use, and (4) that this Website is granted a
perpetual non- exclusive royalty free license to use such submitted information
in any form or manner, whether electronic, digital or otherwise.
You further agree to indemnify and hold this Website harmless
against any and all cost, loss or expense if any of the foregoing are not true.
Use of this Website
You agree to abide by all applicable local, state, national and international
laws and regulations and are solely responsible for all acts or omissions that
occur under your registered user name or password, including the content of your
postings and transmissions through the features of this Website. By way
of example, and not as a limitation, you agree not to:
- Use this Website in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise). publish, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful material or information.
- Harvest or otherwise collect information about others, including email
addresses, without their consent.
- Create a false identity for the purpose of misleading others as to the
identity of the sender or the origin of a message. The foregoing is not
intended to prohibit anonymous postings, rather if you use a name other than
your true identity, it should be clear that it is an anonymous posting
rather than a effort to appear as a posting under another real person or
firm's name.
- Use, download or otherwise copy, or provide (whether or not for a fee)
to any person or entity any directory of other registered users or other
user or usage information or any portion thereof other than in the context
of your use of the Service.
- Transmit or upload any material that contains viruses, trojan horses,
worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- Attempt to gain unauthorized access to the this Website or any
server or directory for which you do not have valid authorization.
- Interfere with another party's use and enjoyment of this
Website
or another individual's or entity's use and enjoyment of similar services.
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About www.NISPOM.US
This website is based upon the "Web 2.0" model of user
contributed content and interaction. The purpose of this website is to provide
useful reference links, resource material and information related to the
relevant topic that is the subject of this website. Our content is based
primarily on the basis of user driven contributions and submissions. As a
general matter, any user may register on this website and immediately begin to
access or contribute relevant content. Individuals and organizations desiring to
contribute content on a regular basis may contact us to explore other more
formal levels of participation which may include the ability to publish a
regular column or blog via this website, to serve as a webmaster or editor, to
advertise via this website, to moderate a discussion forum topic, or to explore
other means to contribute.
This website is owned and sponsored as a public service new
media and information resource by Virginia Web Resources, LLC, a "new media"
organization which owns and sponsors a variety of informational oriented web
sites and internet web services.
You may contact the webmaster of this website via the Contact
menu option of the left sidebar on our home page (note, this is preferable to
email since our spam filters exclude the vast majority of emails). Contact
information for Virginia Web Resources, LLC may be found at that organization's
website at
www.VirginiaWebResources.com
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Copyright & Notices of Claimed Copyright Infringement
We desire to respect the copyright and intellectual property rights of third
parties and we ask that users and submitters of material or postings to our site
do likewise. Our website Terms of Use require than all site users own or have the legal
right to post any information they submit, and we hope that they will follow
their agreement in that regard. We will remove content and postings that we
believe may infringe the copyright or other intellectual property rights of
others. In addition, we may cooperate with the owners of copyright and
other intellectual property in the identification of those parties who infringe the
copyright or other intellectual property rights of others.
If you believe that your copyright or other rights in any material has been infringed on
this website, please notify our agent for Notice of Claims of Copyright
Infringement Pursuant to Title 17, United States Code, Section 512(c)(2):
Robert Webb
Squire Sanders & Dempsey
8000 Towers Crescent Drive, Suite 1400
Tysons Corner, VA 22182
You must provide our agent with the following information:
- Identification (please include the specific and complete URL) of the
copyrighted work that you claim has been infringed;
- Identification of the material on our site that you claim is infringing, with
enough detail so that we may locate it on the site;
- Your name, address, telephone number, fax number and e-mail address; if you
are not the owner and copyright holder, please explain your relationship to the
owner and provide the forgoing information for the party you believe to be the
true owner and/or copyright holder.
- A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
- Your physical or electronic signature.
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Privacy Policy
The following summarizes how we will handle information we learn about you
from your visit to our
website. The information we learn depends upon what you do when visiting our
site. Our Home Page and the Terms of Use linked thereon provide that by
accessing, retrieving files from or sending files, form submissions or E-mail to
and using our site you agree to be bound by those Terms of Use as a legal
agreement.
We outsource virtually all our operations, support and functions to various
third parties. Although we
seek to disclose the policies and contractual and legal obligations of these
providers, we disclaim any
and all liability for failure to accurately disclose practices of those third
parties (or of their
employees or contractors) which may vary from the policies and procedures
described herein. Under our
Terms of Use, you waive any liability on the part of this website and its
owners, employees and agents for
actions or omissions of third parties providing software, hardware or other
support or services to us. Nonetheless, if you become aware of actions of such
parties which you believe are not consistent with the Privacy Policy set forth
herein, please notify us and we will endeavor to correct the situation.
Via software provided by our web host provider we collect
certain information automatically when you visit any of our site web pages. This
includes the placement of "cookies" upon your computer so that we may track your
visits to and activity upon our site based upon your originating IP address.
Generally, your originating IP address does not disclose your personal identity,
but merely identifies you as a user from your internet service provider or, for
visitors accessing thru a business account, the internet domain of your
business. Although we do not seek to solicit or otherwise obtain further
identifying information, it is possible that this information, coupled with
access to the IP address logs of your internet service provider could permit the
future individual identification of you as a user. Other information will only
be collected if you voluntarily submit that information by entry or registration
and submittal or by accepting a "cookie" designed to gather and track certain
information. Information collected may be aggregated and used for our purposes,
however, unless expressly otherwise noted on part of our site at this time it is
our policy that individual user information is not resold or otherwise made
available to any third parties (other than consultants working for us on the
development of this site) for commercial or other purposes without your express
consent and acknowledgment of that possible use. We will, however, make
information, available to law enforcement personal or whenever required by order
or subpoena issued by a court or other regulatory or governmental body. Although
we (1) disclaim any obligation to contest the validity of any such request order
or subpoena, and (2) assume no liability for failure or inability to do so or to
notify you, we will use reasonable efforts to notify you by E-mail (assuming we
have your E-mail address), and if you wish to contest such request order or
subpoena on bona fide grounds through valid use of judicial process through
legal counsel acceptable to us, we will generally cooperate in such efforts.
If you visit our site to read or download information, we utilize software
programs provided by our web
server hosting services provider to collect and store the following information
about you: the name of
the domain from which you access the Internet (for example, aol.com, if you are
connecting from an America Online account, or gmu.edu if you are connecting from
George Mason University's domain); the date and time you access our site; pages
within our site which you access, and, if applicable, the Internet address of
the website from which you linked directly to our site. In addition, for repeat
users of certain features on our site, the program offers you the option of
having a "cookie" placed upon your own computer so that our computers will
recognize you on repeat visits without need for re-entry
of a password. If you share your computer with others, you may wish to consider
whether or not you
desire to use this feature as it could permit those other users to make posting
under your name.
We use the information we collect to measure the number of visitors to the
different sections of our site,
to gauge the level of interest among visitors in various topics, and to help us
make our site more useful
to visitors.
You may personally identify yourself by registering, sending an E-mail or by
registering for and
participating in one of our features. You may provide other personal information
by completing an online form and submitting that form to us. We permit
registration from any valid email address, and you may chose to use an anonymous
email address or hide your name. Users are cautioned to be careful not to pose
queries or responses which could disclose confidential information about and
company or business, particularly insider information regarding publicly traded
concerns.
To the extent you provide identifying information by posting to or participating
in our bulletin boards,
visible information posted by you will be generally available to other visitors
to our site. As a
registered user, you are given certain options about information that you chose
to make publicly
available. Our site Terms of Use provide that by using our site you (and others)
agree not to exploit or
utilize information or E-mail addresses posted by others for commercial use. If
you become aware of a
violation of this term by any third party, please advise us.
Unfortunately, some users may not honor this policy, and it is possible that
providing an E-mail address
may result in "spammers" obtaining and using your E-mail address.
Our policies and terms of use are subject to change from time to time and you
should check this page
periodically for revisions. Under our Terms of Use, by accessing our
website you accept and agree to our Terms of Use as then in effect.
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A periodic email newsletter published by Squire, Sanders & Dempsey with
timely updates regarding international trade and technology regulation issues.
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(complete the form, select "International Trade & Technology
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