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

Using Third-Party Email Marketing Tools in Indiana

If you are using third-party email marketing tools that collect personal information in Indiana, you must comply with the state’s privacy laws. The relevant laws are the Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties [1.3] and the Exception to opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing [1.1].

According to [1.3], a licensee may not disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided the consumer with an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure. Opt-out means a direction by the consumer that the licensee not disclose nonpublic personal financial information about that consumer to a nonaffiliated third party, other than as permitted by sections 12 through 14 of this rule.

However, [1.1] provides an exception to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing. A licensee may provide 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 section 3 of this rule 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.

It is important to note that these laws specifically apply to nonpublic personal financial information. If the personal information collected by the third-party email marketing tool does not fall under this category, these laws may not apply. However, there may be other privacy laws that apply to the collection and use of personal information in Indiana.

Other Relevant Indiana Privacy Laws

  • If you are making or causing others to make telephone sales calls to consumers located in Indiana, you are considered “doing business in Indiana” and must comply with IC 24-4.7-2-5 [2.1].
  • If you are disclosing 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, you must comply with 760 INAC 1-67-11 [1.2].
  • If you are using personal information for commercial purposes other than telephone solicitations made in compliance with IC 24-4.7 and this title, you must comply with 11 INAC 2-8-2 [4.1].

Conclusion

If you are using third-party email marketing tools that collect personal information in Indiana, you must comply with the state’s privacy laws. The relevant laws are the Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties and the Exception to opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing. Additionally, there may be other privacy laws that apply to the collection and use of personal information in Indiana, such as IC 24-4.7-2-5, 760 INAC 1-67-11, and 11 INAC 2-8-2.

Source(s):
Jurisdiction

Indiana