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

Requirements for Using Third-Party Email Marketing Tools in New Hampshire

If you are using third-party email marketing tools that collect personal information in New Hampshire, you must comply with the opt-out requirements in Ins 3002.04 and Ins 3003.01. However, there is an exception to these requirements for service providers and joint marketing under Ins 3004.01.

According to Ins 3004.01, the opt-out requirements 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 Ins 3002.01; 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 Ins 3004.02 or Ins 3004.03, in the ordinary course of business to carry out those purposes.

The services a nonaffiliated third party performs for a licensee 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.

Additional Information

There is no additional information in the provided context documents that is relevant to the query.

Jurisdiction

New Hampshire

• Privacy