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

Use of Third-Party Email Marketing Tools in Arkansas

Arkansas law requires that a person or business that acquires, owns, or licenses personal information about an Arkansas resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure [1.1]. Additionally, a licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, 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 certain exceptions apply [2.2].

Furthermore, Arkansas law limits the redisclosure and reuse of nonpublic personal financial information obtained from a nonaffiliated financial institution [2.1]. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution outside of certain exceptions, the licensee may only disclose the information to its affiliates or 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 [2.1].

Therefore, if you are using third-party email marketing tools that collect personal information in Arkansas, you must ensure that you have implemented and maintained reasonable security procedures and practices to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Additionally, you must comply with the restrictions on disclosing access numbers or access codes for marketing purposes, unless an exception applies [2.2]. If the personal information collected includes nonpublic personal financial information obtained from a nonaffiliated financial institution, you may only disclose the information to your affiliates or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which you received the information [2.1].

If you are unsure whether your use of third-party email marketing tools complies with Arkansas law, you should consult with a legal professional.

Source(s):
Jurisdiction

Arkansas