CARBIS Privacy and Conditions of Use

This page last reviewed November 13, 2014


STATEMENT OF PURPOSE


Thank you for visiting the California Air Resources Board Information System (CARBIS). The California Air Resources Board (ARB) maintains this website to enhance public access to information and services provided by the ARB. The ARB's goals for this website include:

  • Timely and convenient access to ARB publications and information about ARB programs.
  • Facilitate the distribution of information to the public regarding permit assistance, business assistance and other activities of the ARB.
  • Actively encourage and promote the free exchange of information, ideas and opinions.
  • Through the use of external links, provide CARBIS site users with convenient access to other resources available on the Internet.
  • Provides an archive of past program activities for the use of the public and ARB staff.


By visiting this website, you are accepting the policies and practices described in this Notice.

I. PRIVACY

The ARB respects your right to privacy. Government Code section 11019.9 provides that all departments and agencies of the State of California shall enact and maintain a permanent privacy policy, in adherence with the Information Practices Act of 1977 (Civil Code section 1798 et seq.), that includes, but not necessarily limited to, the following principles to protect your right to privacy when viewing our pages on our Internet site:

  • Personally identifiable information may only be obtained through lawful means.
  • The purposes for which personably identifiable data are collected shall be specified at or prior to the time of collection, and any subsequent use of the data shall be limited to and consistent with the fulfillment of those purposes previously specified.
  • Personal data may not be disclosed, made available, or otherwise used for a purpose other than those specified, except with the consent of the subject of the data, or as required by law or regulation.
  • Personal data collected shall be relevant to the purpose for which it is needed.
  • The general means by which personal data is protected against loss, unauthorized access, use, modification, or disclosure shall be posted, unless the disclosure of those general means would compromise legitimate agency objectives or law enforcement purposes.

Additionally, California Government Code Section 11015.5 (a)(6) prohibits all State agencies from distributing or selling any electronically collected personal information about users to any third party without the permission of the user. The ARB does not sell any "electronically collected personal information." Any distribution of "electronically collected personal information" will be solely for the purposes for which it was provided to us. However, the ARB may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed and all relevant legal privacy protections still apply to the ARB's websites.

The ARB does not place "cookies" on the computers of our visitors to our site except for session cookies for our local air district application. However, to ensure that our site is accessible to as many people as possible, we do monitor the aggregate number of visitors to the different pages on our site and also keep track of the various types of web browsers used by our customers. The cookies created on your computer by using the website do not contain "personal information" and do not compromise your privacy or security. Questions concerning this privacy policy should be directed to (916) 322-2884.

PUBLIC DISCLOSURE

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 State government. At the same time, there are exceptions to the public's 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 collected 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 Use Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, the Public Records Act, the Information Practices Act, or other applicable law will control.

PERSONAL INFORMATION AND HOW IT IS USED

We do not collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary. If you do nothing during your visit to this website but only browse and download information, we automatically collect and store the following information about your visit:

  1. The Internet Protocol Address and domain name used, but not your e-mail address. The Internet Protocol Address is a numerical identifier assigned either by your Internet service provider or directly to by your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
  2. The type of browser and operating system you used;
  3. The date and time you visited the site;
  4. The web pages or services you accessed at the site.


Under Government Code § 11015.5., if you choose, you may have any personal information collected about you discarded from ARB systems without reuse or distribution, provided we are contacted in a timely fashion. ARB will not be responsible for information you provide us that is subsequently displayed by Google, Yahoo, or any other search engine.

REQUEST FOR ASSISTANCE

Any information you provide to us will only be shared with entities involved in your case as necessary. Information you provide may be included with other consumers' information to be used for statistical reporting, trending data, and/or investigative actions. For example, we may need to retain information that becomes part of an enforcement action or consumer complaint case for a period of time after the closing date of the case.

If you provide us with information regarding an issue that does not fall within our regulatory jurisdiction, we may refer your information to the appropriate local, State, or federal agency on your behalf.

PUBLIC COMMENTS / SURVEYS

Please note that under the California Public Records Act (Govt. Code Section 6250 et. seq.), your written and oral comments, attachments, and associated contact information (e.g. your address, phone, email, etc.) become part of the public record and can be released to the public upon request. Additionally, this information may become available via Google, Yahoo, and any other search engines. The information collected is not limited to text characters and may include audio, video, and graphic information formats you send us.

The information is retained in accordance with Government Code § 11015.5.

IF YOU SEND US E-MAIL

You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other State employees who may be better able to help you, and this staff may be employed by a different agency within the State. Except for authorized law enforcement investigations or, as required by law, we do not share our e-mail with any other organizations.

We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our web site, or to forward the e-mail to another agency for appropriate action.

REGISTRATION

In those instances in which registration is required, please use your real name and address in the registration process. Users are reminded to remember their password. and please do not share your password.

ORDER FORMS

If you place an order with us, we request information from the user on our order form. A user must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill your order/request. If we have trouble processing an order, this contact information is used to get in touch with you.

A SPECIAL NOTE ABOUT CHILDREN

Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to the ARB as part of a user profile or personalization profile. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

If the ARB decides to begin collecting personal information from children, it will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. The ARB will seek parental consent before collecting any personally identifiable information. If it does collect it, parents may request information on the type of data being collected, view their child's information, and, if they choose, prohibit the State from making further use of their child's information. The ARB will not provide personal information about children to third parties.

FEEDBACK INFORMATION

Any information provided to the ARB through the CARBIS website and received by the ARB on a non-confidential basis allows free and unrestricted use of the information by the ARB.

If you are not prepared to abide by any of the above CARBIS policies, please log off now.


II. CONDITIONS OF USE

The ARB shall not be responsible for any errors or omission content at the Website, and reserves the right to make changes with out notice. All information and software obtained from the CARBIS is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose and non-infringement of proprietary rights. The entire risk of acting on information obtained from the CARBIS, including the entire costs of all necessary remedies, is with those who choose to act on such information and not the State of California or the ARB. In addition, neither the State of California nor the ARB is responsible for the content of files which are uploaded for inclusion within the CARBIS. The user assumes full responsibility for the files he/she uploads and/or downloads and/or views including data destroyed by viruses or other computer initiated problems. The ARB and State of California will not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the CARB website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. If you find any error or emission, we encourage you to report them to the contact listed in that Webpage area.

The contents of the CARBIS do not necessarily reflect the views and policies of the ARB, nor does any mention of trade names or commercial products constitute endorsement or recommendation of use.

You agree not to use the system for any illegal purpose or activity, or to discuss or advocate any illegal activities, whether in private or in public. You agree not to do anything on this computer that may damage the computer hardware, software, or data files, or the system's operation in any way.

You agree that no liability of any kind for any matters relating directly or indirectly to your use, or the use of anyone else, whether authorized or not, of this computer system, will impugn to the system operator, the ARB or anyone employed with the ARB or the State of California.

You agree to hold harmless and to indemnify the system operator, the ARB or the State of California or anyone employed with the ARB or the State of California from any action relating directly or indirectly to matters relating to this computer system.

INDEMNIFICATION

User agrees to defend, indemnify, and hold harmless the ARB and its respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the CARB website.

DISCLAIMER ON THE USE OF ARB'S LIST SERVE FEATURES

For more information, please refer to ARB's List Server Disclaimer Information.

DISCLAIMER OF DUTY TO CONTINUE

Due to the dynamic nature of the Internet, resources that are free and publicly available one day may require a fee or restricted access the next, and the location of items may change as menus, home pages, and files are reorganized. User expressly agrees that use of the CARBIS website is at the user's sole risk. Neither the ARB nor any of its respective employees warrant that the service will be uninterrupted or error free.

LINKS TO OTHER SITES

Other websites are invited to include links to the CARBIS website. While we appreciate it if you let us know who you are and what part of our site you are linked to, permission is not required.

However, we ask you not to lift information from this site for placement on another website. If you do lift information, please do not attribute that lifted information to the ARB. Our information is updated frequently, and we need to be certain that only current information is posted and attributed correctly to the ARB. The ARB does not control other websites and their resources, and we can not endorse them. The ARB will not be held responsible for their availability, content, or accuracy. Therefore, we ask you to directly link to our website where we are in control of the timelines and accuracy of the provided information.

The ARB may, at its discretion, create links to other websites that meet the following criteria.

  1. The external link will assist the ARB in fulfilling its mission.
  2. The external link will provide information of value to ARB customers.
  3. The organization being linked to is not engaged in any legal or enforcement proceedings with the ARB.
  4. The external website is managed in a professional manner (i.e., fully operational and available most of the time, etc.).
  5. If the external website is a commercial site, the site owner is either an active partner in one of the ARB's programs, or supplies information or products that support the principles of the ARB.
  6. The external website does not contain information that would offend common standards of decency and propriety.


The ARB will remove any external link that does not continue to meet these criteria. External links do not imply any State of California or the ARB's endorsement of the opinions or ideas expressed therein, or guarantees the validity of the information provided. The user specifically acknowledges that the ARB is not liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user and understands that by linking to another site, you are no longer on our site and are subject to the Privacy and Conditions of Use policies of the new site.

The ARB reserves the right to modify the above criteria and add/delete links based upon the modification at any time and without notice. We request that you not post offensive messages or encourage others to do so. You agree to adhere to these policies and notify the system operator immediately when you discover any violations of these rules.

CONFIDENTIAL AND COPYRIGHT INFORMATION

Pursuant to the Electronic Communications Privacy Act of 1986 (18 U.S.C. 2510, et. seq.), notice is hereby given that there are no facilities provided by this system for sending or receiving truly private or confidential electronic communications.

All files uploaded to the CARBIS by users for access by the user community shall not require any remuneration from the sender. All such files become public property and are downloaded and operated at the user's risk. Files for which monetary remuneration is requested will be removed. For your convenience, we are providing a link to the ARB's, "How to Request Public Records" that may aid in understanding the California Public Records Act and how it relates to confidential or trade secret information provided to the ARB.

The ARB may also make use of copyrighted data (e.g., photographs) on our website which may require additional permissions prior to your use. In order to use any information on this website not owned or created by the ARB, you must seek permission directly from the owning (or holding) sources.

California Air Pollution Control Laws are available on our website. However, the ability to take full advantage of some of the functionality of CARBIS (such as database searching) may depend upon the individual user's browser. If you have questions, please contact ARB's webmaster or call (916) 322-3260.

If you are not prepared to abide by any of the above CARBIS policies, please log off now.

ACCESS FOR PERSONS WITH DISABILITIES OR WITH LIMITED ENGLISH PROFICIENCY

This site includes accessibility features to accommodate the needs of disabled users. If you need information about these features or have suggestions, please contact the ARB's Public Affairs Office at (916) 322-2990.

The ARB does not discriminate on the basis of disability in access to its programs. This web site and the information it contains are provided as a public service. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.

TTY/TDD/Speech-to-Speech Users May Dial 7-1-1 for the California Relay Service or
1-800-735-2922 (Voice).
For Speech-to-Speech: Dial 1-800-854-7784.

For an accessible version of any document on this website, please contact: ARB's webmaster or call (916) 322-3260.


WHOM TO CONTACT

Questions about the content of a specific portion of the CARB website should be referred to the contact listed in that page or contact webmaster or call (916) 322-2662.

If you have any additional questions or comments on any of the above, please contact ARB's Legal Office at (916) 322-2884.
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