Can I use third-party email marketing tools that collect personal information in Alabama? What are the requirements?

To use third-party email marketing tools that collect personal information in Alabama, you must comply with the requirements for disclosing nonpublic personal financial information to nonaffiliated third parties.

Disclosure of Nonpublic Personal Financial Information in Alabama

Under Alabama law, a licensee may disclose nonpublic personal financial information to a nonaffiliated third party only if the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure, and the consumer has not opted out [ALAC Section 482-1-122-11]. However, there are exceptions to this rule, including for service providers and joint marketing [ALAC Section 482-1-122-14], and for processing and servicing transactions [ALAC Section 482-1-122-15].

Limits on Sharing Account Number Information for Marketing Purposes

If you are disclosing account number information for marketing purposes, you must comply with the limits set forth in ALAC Section 482-1-122-13. Specifically, you cannot disclose a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer, unless an exception applies. Exceptions include disclosing the information to a service provider solely to perform marketing for the licensee’s own products or services, to a licensee who is a producer solely to perform marketing for the licensee’s own products or services, or to a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

Other Exceptions to Notice and Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information

There are other exceptions to the notice and opt-out requirements for disclosing nonpublic personal financial information to nonaffiliated third parties in Alabama, as set forth in ALAC Section 482-1-122-16. These exceptions include disclosing the information with the consent or at the direction of the consumer, to protect the confidentiality or security of a licensee’s records pertaining to the consumer, to protect against or prevent actual or potential fraud or unauthorized transactions, to persons holding a legal or beneficial interest relating to the consumer, to persons acting in a fiduciary or representative capacity on behalf of the consumer, and for various other purposes.

Therefore, to use third-party email marketing tools that collect personal information in Alabama, you must ensure that you comply with the requirements for disclosing nonpublic personal financial information to nonaffiliated third parties, including providing consumers with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure, and providing a separate description of the categories of information you disclose and the categories of third parties with whom you have contracted. Additionally, if you are disclosing account number information for marketing purposes, you must comply with the limits set forth in ALAC Section 482-1-122-13.

Jurisdiction

Alabama

• Privacy