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Can I use third-party customer service tools that collect personal information in Maine? What are the requirements?
Use of Third-Party Customer Service Tools in Maine
According to Maine law, a provider may not sell or disclose any customer proprietary network information relating to the wireless telephone service account of any wireless telephone service customer or user in Maine [2.1]. Additionally, it is a violation of Maine law for an unauthorized person to release or use an individual’s personal information acquired through a security breach [3.1].
If a provider uses a third-party customer service tool that collects personal information from customers, the provider must obtain express, affirmative consent from the customer before using, disclosing, selling, or permitting access to that information [1.1]. The provider cannot refuse to serve a customer who does not provide consent, nor charge a customer a penalty or offer a customer a discount based on the customer’s decision to provide or not provide consent.
The provider must also take reasonable measures to protect customer personal information from unauthorized use, disclosure, or access [1.1]. The provider must provide a clear, conspicuous, and nondeceptive notice at the point of sale and on the provider’s publicly accessible website of the provider’s obligations and a customer’s rights under the law [1.1].
In summary, a provider in Maine may use third-party customer service tools that collect personal information from customers if the provider obtains express, affirmative consent from the customer and takes reasonable measures to protect customer personal information. The provider must also provide a clear, conspicuous, and nondeceptive notice of the provider’s obligations and a customer’s rights under the law.
Requirements for Using Third-Party Customer Service Tools in Maine
- Obtain express, affirmative consent from the customer before using, disclosing, selling, or permitting access to personal information [1.1].
- Take reasonable measures to protect customer personal information from unauthorized use, disclosure, or access [1.1].
- Provide a clear, conspicuous, and nondeceptive notice at the point of sale and on the provider’s publicly accessible website of the provider’s obligations and a customer’s rights under the law [1.1].
- Do not sell or disclose any customer proprietary network information relating to the wireless telephone service account of any wireless telephone service customer or user in Maine [2.1].
- Do not release or use an individual’s personal information acquired through a security breach [3.1].
Source(s):
- [1.1] Privacy of broadband Internet access service customer personal information
- [2.1] Sale or disclosure of customer proprietary network information
- [3.1] Release or use of personal information prohibited
Jurisdiction
Maine