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HomeMy WebLinkAboutCity Council Resolution 09-062ABSENT: None ABSTAIN: None ATTEST: nn Sullivan, City Clerk RESOLUTION NO. 09 -062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING A WEBSITE POLICY WHEREAS, the City of Saratoga launched its new website in September 2009; and WHEREAS, website policies protect municipalities from legal liabilities resulting from a number of laws and legal principles that affect cities with websites; and WHEREAS, website policies inform users of the procedures used to develop a public agency's website and acceptable uses of the website; and WHEREAS, the City of Saratoga website policy includes statements on the website's purpose, acceptable use, privacy, accessibility, external links, and compatibility requirements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby approve the attached City of Saratoga website policy. PASSED AND ADOPTED by the Saratoga City Council at a regular meeting held on the 18 day of November 2009 by the following vote: AYES: Councilmember Howard Miller, Jill Hunter, Susie Nagpal, Vice Mayor Kathleen King, Mayor Chuck Page NOES: None City of Saratoga Website Policy The purpose of the City of Saratoga website is to provide information about City services, laws, policies, and initiatives. The City of Saratoga website is not intended to provide a forum for debate or public exchange of information, but rather is maintained for the exclusive use of the City of Saratoga to communicate with the public on matters of general interest via the Internet. While the City does its best to keep its website accurate and timely, the City neither warrants nor makes representations or endorsements as to the accuracy, quality, content, or completeness of the information, text, graphics, hyperlinks, and other items contained on its website. Content on the website is compiled from a variety of sources and is subject to change without notice from the City as a result of updates and corrections. The City of Saratoga website and all materials contained on this site are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of fitness for a particular purpose. The City is neither responsible nor liable for any viruses or contaminations of a web visitor's hardware, software, peripherals, or properties nor for any delays, inaccuracies, errors, or omissions resulting from use of or with respect to the material contained on its website, including without limitation but not limited to, any material posted on or linked to from the City of Saratoga website. The City is not responsible for any special, indirect, incidental, or consequential damages that may arise from the use of, or the inability to use, the site and /or the materials contained on the site whether the materials contained on the site are provided by the City of Saratoga, or a third party. Privacy The City of Saratoga website has been built to provide easy access to information and services to the public. To help ensure the website continues to serve as a resource to the public, the City of Saratoga collects information about website traffic and allows users to share information with the City. The City of Saratoga is concerned with the privacy of website visitors who are using the City of Saratoga website. The following outlines treatment of information provided to the City through the website. Personal Information Submitted by Users "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. On certain occasions, the City of Saratoga may request personal information for the purpose of correspondence or for City business. Personal information may include an individual's name, address, phone number, or email address. Personal information provided to the City is done so on a voluntary basis (i.e. sending an email, filling out a form, or participating in a survey). Individuals can choose not to participate in these activities, doing so will in no way affect an individual's ability to use any other feature of the City of Saratoga website. Public Records All information collected by the City of Saratoga website becomes public records that may be subject to inspection and copying by the public unless an exemption in law exists. This includes communications made via email (including "mailto:" links), online forms, or surveys. If personal information is volunteered by the user, State law and the federal Privacy Act of 1974 may protect it. However, this information is a public record once it is provided, and may be subject to public inspection and copying if not protected by Federal or State law. Users are cautioned that the collection of personal information requested from or volunteered by children on -line or by email will be treated the same as information given by an adult, and may be subject to public access. 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 municipalities. At the same time, there are exceptions to the public's right to access public records that serve various needs including the privacy of individuals. Exceptions are provided by both State and Federal laws. Information Automatically Collected For the purpose of site management, information about visits to the City of Saratoga website is collected. This information is not reported or used in any manner that would reveal personally identifiable information, and will not be released to any outside parties unless the City is required to do so in connection with law enforcement investigations or other legal proceedings. The City uses log analysis tools to create summary statistics, which are used for purposes such as assessing the information that is of interest to the public, determining technical design specifications, and identifying system performance or problem areas. Website logs do not collect personally identifiable information and the City makes no attempt to link them with the individuals who browse the website. When users visit the City of Saratoga website and browse or download information, the City automatically collects and stores the following information: The Internet Protocol Address and domain name used Browser type used to view the site Operating system The date and time of the visit The pages or services accessed during a visit The search engine and terms used to access the City of Saratoga website The sites visited prior to accessing the City of Saratoga website If visitors to the City of Saratoga website participate in a survey, fill out an online form, sign up for email subscriptions, or send an email, the following additional information may be collected: Email address Contents of an email Information volunteered to complete a form or in response to a survey Personally identifiable information that is submitted to the City via emails, forms, or surveys will be used for the stated purposes, to respond to requests, or analyze trends. The City may redirect messages from website visitors to another department, division, or program within the City that is in a better position to answer visitor questions or respond to requests. Cookies The City of Saratoga website uses "cookies" to improve user experience. A cookie contains unique information a website can use to track such things as the Internet Protocol address for the computer used to access the City site, the identification of the browser software and operating system used, the date and time a visitor accessed the site, and the Internet address of the website from which visitors linked to this site. Cookies created on a visitor's computer by using the City of Saratoga site do not contain personally identifying information and do not compromise the visitor's privacy or security. Visitors can refuse the cookie or delete the cookie file using any of the widely available methods. If visitors choose not to accept a cookie, it will not prevent or prohibit visitors from gaining access to or using this site. Security Unauthorized attempts to deny service, upload information, change information, or to attempt to access a non public site from this service are strictly prohibited and may be punishable under Title 18 of the U.S. Code to include the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act. Acceptable Use Using the City of Saratoga website indicates your agreement with this policy. Users should refrain from using the City of Saratoga if they disagree with this policy. Individuals, organizations and businesses are free to use the City of Saratoga website for any lawful, worthy and ethical purpose, except as limited by this policy. To the extent permitted by the Public Records Act and otherwise legally permissible, commercial use of the City of Saratoga website materials, content, and information is explicitly prohibited without the written permission of the City. The website must not be used to solicit customers or sell products or services. The City of Saratoga retains copyright on all text, graphic images, and other content, unless otherwise noted. No person or entity may do any of the following without written permission from the City of Saratoga: Modify and /or re -use text, images, or other web content from the City website Distribute the City's website content Mirror the City's information on a non -City server Users with "robots," "spiders," or other automated programs may visit the City of Saratoga website, but are prohibited from resending or redirecting information without the prior written permission of the City of Saratoga. Website users are asked to use appropriate names and language when filling out online forms or surveys. Users are forbidden from using false e-mail addresses. Accessibility The City of Saratoga website is designed to offer the public easy and efficient access to municipal resources. The City of Saratoga "Low Graphics Version" of the website adheres to 508 requirements as set forth by the W3C Accessibility Initiative. This version of the website is optimized for screen readers and other text -based web interfaces. External Links The City of Saratoga website links to a number of other websites. These include links to websites operated by other government agencies, other cities, nonprofit organizations, and community organizations. Links from the City of Saratoga website to any other site on the Internet do not constitute an endorsement. The City of Saratoga is not responsible for the content, quality, or accuracy of any materials referenced or linked through the City of Saratoga's website. By using the City of Saratoga website, users acknowledge and accept that the City of Saratoga is not responsible for any materials stored on other Internet sites, nor is it liable for any inaccurate, defamatory, offensive, or illegal materials found on other Internet sites, and the risk of injury from viewing, hearing, downloading, or storing such materials rests entirely with the user. The City of Saratoga does not exercise any editorial control over the information on external sites. When visitors select a link to another site, they are no longer on the City of Saratoga website. The City of Saratoga website policy is not applicable. When selecting a link to another website, visitors are subject to the policy of that new site. Video Streaming The City of Saratoga provides video streaming on its website in the form of both live and archived video streams. All videos available at http /www.saratoga.ca.us /cityhall /video archive /default.asp. System Requirements for PC Users Windows 98 or later operating system At least a 233 -MHz processor Pentium II A minimum of 64 MB of RAM In order to view the video streams you must have Windows Media Player version 9 or higher, or Silverlight Player installed. To download Silverlight visit http: /www.microsoft.com /silverlight /get started /install /default.aspx. The Windows Media Player Plug -in for Firefox users can be downloaded at http: /port /pages/ windows media player firefox- plugin- download.aspx. Please note that beta versions of Internet Explorer or Windows Media Player are not supported. Minimum System Requirements for Macintosh Users A G3 or newer with Mac OS X installed Silverlight Player, which can be downloaded at http://www.microsoft.com/silverlight/get- sta rted /i nsta I I /defa u lt.aspx. Microsoft Silverlight allows Mac OS users on the latest versions of Firefox and Safari to have the same experience as all Windows Media Player users currently enjoy. There is no difference between a user on Internet Explorer on a PC and a Mac OS 10+ user on a Firefox browser. Please note that beta versions of players and browsers are not supported.