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Can I use third-party chat tools that collect personal information in California in Tennessee? What are the requirements?

Using Third-Party Chat Tools that Collect Personal Information in California in Tennessee

Based on the provided context documents, there are some requirements that must be followed when using third-party chat tools that collect personal information in California in Tennessee.

Disclosure of Nonpublic Personal Information

TNRR Section 0780-1-72-.11 outlines the limits on disclosure of nonpublic personal information to nonaffiliated third parties. A licensee may not disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless:

  1. The licensee has provided to the consumer an initial notice as required under Section 0780-1-72-.05;
  2. The licensee has provided to the consumer an opt-out notice as required in Section 0780-1-72-.08;
  3. The licensee has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure; and
  4. The consumer does not opt out.

A licensee provides a consumer with a reasonable opportunity to opt out if:

  1. By mail. The licensee mails the notices required in Paragraph (a) of this subsection to the consumer and allows the consumer to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means within thirty (30) days from the date the licensee mailed the notices.
  2. By electronic means. A customer opens an online account with a licensee and agrees to receive the notices required in Paragraph (a) of this subsection electronically, and the licensee allows the customer to opt out by any reasonable means within thirty (30) days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account.
  3. Isolated transaction with consumer. For an isolated transaction such as providing the consumer with an insurance quote, a licensee provides the consumer with a reasonable opportunity to opt out if the licensee provides the notices required in Paragraph (a) of this subsection at the time of the transaction and requests that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.

Therefore, if a third-party chat tool is used to collect personal information, the licensee must provide an initial notice and enter into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information. The department may also require the licensee to ascertain the identity of the requesting person and obtain their consent before disclosing personal information.

Limits on Redisclosure and Reuse of Nonpublic Personal Information

TNRR Section 0780-1-72-.12 outlines the limits on redisclosure and reuse of nonpublic personal information. If a licensee receives nonpublic personal information from a nonaffiliated financial institution other than under an exception in Sections 0780-1-72-.15 or 0780-1-72-.16 of these regulations, the licensee may disclose the information only:

  1. To the affiliates of the financial institution from which the licensee received the information;
  2. To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information; and
  3. To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

Registration Requirements

TNCO 47-18-1503 requires any company or individual utilizing ADAD equipment to call telephone numbers located in Tennessee to register with the commission to receive a permit. Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this part:

  1. Name, address and telephone number of the company or individual utilizing the equipment;
  2. Name and address of a designated agent for service of process located in Tennessee for the ADAD operator;
  3. A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect.

Therefore, if the third-party chat tool uses ADAD equipment to call telephone numbers located in Tennessee, the company or individual utilizing the equipment must register with the commission to receive a permit.

It is important to note that these requirements are general and may not cover all specific situations. It is recommended to consult with a legal professional for specific guidance on using third-party chat tools that collect personal information in California in Tennessee.

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Source(s):
Jurisdiction

Tennessee, California