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

To use third-party email marketing tools that collect personal information in Florida, you must comply with the opt-out requirements and privacy notice requirements outlined in Florida Administrative Code (F.A.C.) 69O-128.008 and 69O-128.007, respectively.

Opt-Out Requirements

Under F.A.C. 69O-128.008, if you disclose nonpublic personal financial information to a nonaffiliated third party for marketing purposes, you must provide the consumer with a clear and conspicuous notice of their right to opt-out of such disclosures. The notice must include a reasonable means for the consumer to opt-out, such as a toll-free number or a form that can be mailed or emailed to the licensee.

Privacy Notice Requirements

Under F.A.C. 69O-128.007, the initial, annual, and revised privacy notices that you provide to consumers must include the following items of information:

  • The categories of nonpublic personal financial information that you collect
  • The categories of nonpublic personal financial information that you disclose
  • The categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal financial information, other than those parties to whom you disclose information under exceptions outlined in F.A.C. 69O-128.015 and 69O-128.016
  • An explanation of the consumer’s right to opt-out of disclosures to nonaffiliated third parties
  • Your policies and practices with respect to protecting the confidentiality and security of nonpublic personal information

If you disclose nonpublic personal financial information to a nonaffiliated third party under the exception outlined in F.A.C. 69O-128.014, you must provide a separate description of the categories of information you disclose and the categories of third parties with whom you have contracted.

Exception to Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Under F.A.C. 69J-128.014, the opt-out requirements in rules 69O-128.008 and 69O-128.011, F.A.C., do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with rule 69J-128.005, F.A.C., and enters 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, including use under an exception in rule 69J-128.015 or 69J-128.016, F.A.C., in the ordinary course of business to carry out those purposes. The services a nonaffiliated third party performs for a licensee under this rule may include marketing of the licensee’s own products or services or marketing of financial products or services offered pursuant to joint agreements between the licensee and one or more financial institutions.

Conclusion

To use third-party email marketing tools that collect personal information in Florida, you must provide consumers with a clear and conspicuous notice of their right to opt-out of disclosures for marketing purposes and include the required information in your privacy notices. If you disclose nonpublic personal financial information to a nonaffiliated third party under the exception outlined in F.A.C. 69J-128.014, you must provide a separate description of the categories of information you disclose and the categories of third parties with whom you have contracted. Make sure to review the full text of F.A.C. 69O-128.008, 69O-128.007, and 69J-128.014 to ensure compliance.

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Source(s):
Jurisdiction

Florida