Privacy Notice and Privacy Act Statement
Privacy Notice:
Information from this collection will be shared with the U.S. Department of the Treasury (Treasury). Treasury has published a Privacy and Civil Liberties Impact Assessment that describes what Treasury will do with the information your business provides in this application. It can be found on the Treasury website. If you have any questions about this document, please email Privacy@Treasury.gov.
Privacy Act Statement for Sole Proprietorships:
The Privacy Act of 1974 (Privacy Act) protects certain information that the federal government has about “individuals” (United States citizens and lawfully admitted permanent residents). The Privacy Act does not generally apply to businesses, but some federal courts have found that this law applies to sole proprietors (they are deemed “individuals” under the Privacy Act). If you, as the applicant, are a sole proprietor, you may have rights under the Privacy Act.
Authority:
Small Business Jobs Act of 2010 (SBJA), Title III, 12 U.S.C. § 5701 et seq., as amended by the American Rescue Plan Act of 2021 (ARPA), section 3301; Executive Order No. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 86 Fed. Reg. 7009 (January 25, 2021); and Interim Final Rule, State Small Business Credit Initiative; Demographics-Related Reporting Requirements, 87 Fed. Reg. 13628 (March 10, 2022)
Purpose:
Information from this collection will be shared with Treasury This information will be shared with Treasury so it can conduct oversight to ensure compliance with federal law, including requirements related to nondiscrimination and nondiscriminatory uses of federal funds. Treasury also receives this information (including any demographic information provided) to comply with reporting requirements under the authorities listed above and to advance fairness and opportunity in underserved communities in the allocation of federal resources.
Routine Uses:
The information you furnish may be shared in accordance with the routine uses outlined in Treasury .013, Department of the Treasury Civil Rights Complaints and Compliance Review Files; Treasury .015, General Information Technology Access Account Records; and Treasury business.utah.gov/usbci
.017, Correspondence and Contact Information. For example, one routine use under Treasury .013 is to disclose pertinent information to appropriate agencies when Treasury becomes aware of a potential violation of civil or criminal law. Under this routine use, Treasury may disclose demographic information to the appropriate agencies if Treasury becomes aware of a violation of applicable antidiscrimination laws. More information about this and other routine uses can be found in the System of Records Notices (SORNs) listed above, which are posted on Treasury’s website.
Disclosure:
Providing this information is voluntary. However, failure to furnish the requested information (except for the demographic information) may result in the denial of your application. Providing demographic information is optional. If you decline to provide this information, it will not adversely affect your application.
Utah Government Records Access Management Act
1. The Governor’s Office of Economic Opportunity (“Go Utah”) is subject to Utah Code § 63G-2-101 et seq, the Government Records Access and Management Act (“GRAMA”), which governs all records that are prepared, owned, received, or retained by Go Utah, including records Company or Agent submits as part of applications or reporting requirements.
2. Under GRAMA, records are public unless the records or portions thereof are specifically designated or classified as “private, protected, or controlled.”
3. Records that fall under the following category are “protected” under GRAMA: records that would reveal negotiations regarding assistance or incentives offered by or requested from Go Utah for the purpose of encouraging Company or Agent to expand or locate a business in Utah if disclosure would result in actual economic harm to Company, Agent, or Go Utah, or place any of them at a competitive disadvantage (this category does not include final contracts).
4. Records that fall under either or both of the following categories are “protected” under GRAMA if Company or Agent provides with the records a written claim of business confidentiality along with a concise statement supporting the claim (This may be accomplished on a “business confidentiality form”). It is also helpful, but not required, to watermark or otherwise indicate records Company or Agent considers “protected” with the term “protected”. The following are some examples of protected records:
a. trade secrets;
b. commercial or non-individual financial information, not to include any final contract between Go Utah and Company or Agent, if:
c. disclosure of the information could reasonably be expected to result in unfair competitive injury to the applicant, or would impair the ability of Go Utah to obtain necessary information in the future; and
d. Company or Agent has a greater interest in prohibiting access than the public has in obtaining access.
5. Go Utah will maintain records properly designated as “protected” under paragraphs (3) and (4) with at least the same degree of care that Go Utah uses to protect its own proprietary or otherwise confidential information. Go Utah will provide reasonable written notification to the applicant, if Go Utah or any other party seeks to reclassify such records as public. Go Utah will not release such records to the public unless:
a. A court order requires release;
b. Applicant has received notice and the period in which to bring an appeal expires or the end of the appeals process, including judicial appeal, has terminated; or
c. The applicant consents to disclosure.
6. Requests for record sharing between government entities are not requests to make the records public. Should Go Utah share records under GRAMA’s record sharing provision (Utah Code § 63G-2-206), Go Utah will clearly designate any records that are classified as “protected.” Such records are not subject to public disclosure except as provided in GRAMA.
7. Consistent with record disclosure restrictions required under GRAMA, Go Utah will maintain as “protected,” where reasonably and legally feasible, all other Company or Agent information that is not in record form but would otherwise be covered under paragraphs (3) and (4).
8. Nothing in this application is intended to limit or prohibit Go Utah’s classification of records or portions of records as “private” or “controlled,” in addition to the protections set forth in this application and as set forth in GRAMA.
9. Nothing in this application is intended to waive Go Utah’s rights and immunities under the Utah Governmental Immunity Act.
10.Unless explicitly set forth in writing, the provision of information to Go Utah is not intended to transfer any license or grant any right to material patented, copyrighted, or otherwise owned by Company or Agent.