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Can I use third-party email marketing tools that collect personal information in Oklahoma? What are the requirements?
Based on the additional context documents, there are specific requirements for using third-party email marketing tools that collect personal information in Oklahoma.
Disclosure of nonpublic personal financial information
According to OKAC 365:35-1-30, 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 365:35-1-10 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 Sections 365:35-1-31 or 32 in the ordinary course of business to carry out those purposes. However, the licensee must comply with the opt-out requirements in Sections 365:35-1-13 and 365:35-1-20.
Disclosure of specified information by high-volume third-party sellers
According to 15 OKST 799A.3, online marketplaces shall require that any high-volume third-party seller on the online marketplace’s platform provide the online marketplace with specified information, including a current working email address, no later than ten (10) calendar days after qualifying as a high-volume third-party seller on the platform. The online marketplace must periodically notify any high-volume third-party seller on the platform of the requirement to keep any information collected under subsection A of this section current. The online marketplace must also require any high-volume third-party seller on the platform to electronically certify that the seller has provided any changes to such information to the online marketplace, if such changes have occurred, or that there have been no changes to the seller’s information. In the event that a high-volume third-party seller does not provide the information or certification required under this paragraph, the online marketplace shall suspend any future sales activity of such seller until such seller provides such information or certification.
Based on the above context documents, if you are using third-party email marketing tools that collect personal information in Oklahoma, you must comply with the opt-out requirements in Sections 365:35-1-13 and 365:35-1-20 of OKAC 365:35-1-30. Additionally, if you are a high-volume third-party seller on an online marketplace’s platform, you must provide specified information to the online marketplace and keep it current in accordance with 15 OKST 799A.3.
Jurisdiction
Oklahoma