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

Using Third-Party Email Marketing Tools in New Jersey

If you are using third-party email marketing tools that collect personal information in New Jersey, you must comply with the state’s privacy laws. The New Jersey Consumer Fraud Act (CFA) and the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) regulate the collection, use, and disclosure of personal information in New Jersey.

Under the CFA, companies must provide clear and conspicuous notice to consumers about their data collection practices and obtain consumers’ consent before collecting their personal information. The TCCWNA requires companies to provide clear and unambiguous disclosures in consumer contracts and notices, including disclosures about data collection and use.

Additionally, the New Jersey Online Privacy Protection Act (NJOPPA) requires companies that collect personal information online to post a privacy policy that describes their data collection and use practices. The policy must be easily accessible and prominently displayed on the company’s website.

If you are using third-party email marketing tools that collect personal information in New Jersey, you should ensure that the tools comply with these laws. You should also have a clear and conspicuous privacy policy that describes your data collection and use practices and obtain consumers’ consent before collecting their personal information.

Additional Requirements

In addition to the above requirements, if you are a third-party administrator subject to licensure or registration, you must obtain licensure or registration prior to operating in New Jersey. You must file an application for licensure or registration on a form prescribed by the Commissioner, which can be found on the Department’s website [2.1]. The application must include various information, such as a copy of the applicant’s basic organizational documents, biographical affidavits of responsible persons, and a business plan [2.1].

Furthermore, no insurance producer shall disclose or solicit the disclosure of personal or privileged information about an individual collected or received in connection with an insurance transaction except in conformity with 17:23A-1 et seq [4.1]. Also, no person shall act as, offer to act as or hold himself or herself out to be a third party billing service in New Jersey unless certified by the Commissioner in accordance with the Act [5.1].

Source(s):
Jurisdiction

New Jersey