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

Using Third-Party Marketing Automation Tools in Alabama

If you are using third-party marketing automation tools that collect personal information in Alabama, you must comply with the Alabama Administrative Code.

According to the Alabama Administrative Code, a licensee must not disclose 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, except in certain circumstances [1.1]. Exceptions to this rule include disclosing a policy number or similar form of access number or access code to the licensee’s service provider solely to perform marketing for the licensee’s own products or services, to a licensee who is a producer solely to perform marketing for the licensee’s own products or services, or to a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program [1.1].

Additionally, the Alabama Administrative Code provides exceptions to notice and opt-out requirements for disclosure of nonpublic personal financial information for processing and servicing transactions. The requirements for initial notice, opt-out, and service providers and joint marketing do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes [1.3].

If a licensee uses third-party marketing automation tools that collect personal information, they must ensure that they are not disclosing policy numbers or similar access codes to nonaffiliated third parties for marketing purposes, except in the circumstances outlined in the Alabama Administrative Code. Additionally, they must ensure that any disclosure of nonpublic personal financial information is necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes [1.1][1.3].

It is important to note that the Alabama Administrative Code provides exceptions to opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing. 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 Section 5 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 15 or 16 in the ordinary course of business to carry out those purposes [1.5].

Therefore, if you are using third-party marketing automation tools that collect personal information in Alabama, you must ensure that you comply with the Alabama Administrative Code and its exceptions.

It is important to note that this response is based solely on the information provided in the context documents. If there are additional laws or regulations that apply to the specific situation, it is recommended to consult with a legal professional.

Source(s):
Jurisdiction

Alabama