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

Use of Third-Party Marketing Automation Tools in Arizona

Based on the provided context documents, there are no specific statutes or regulations in Arizona that prohibit the use of third-party marketing automation tools that collect personal information. However, businesses that use such tools must comply with applicable state and federal laws regarding the collection, use, and protection of personal information.

Under Arizona law, businesses that collect personal information must provide consumers with a clear and conspicuous privacy notice that describes the types of personal information collected, how the information is used, and with whom the information is shared. Additionally, businesses must take reasonable steps to protect the security and confidentiality of personal information [2.1].

Requirements for Third-Party Authorization

If a business wishes to use a third-party provider for driver license processing or other services related to motor vehicles, it must obtain authorization from the Arizona Department of Transportation (ADOT) [3.3]. Third-party providers must comply with all quality control requirements prescribed by the department [3.1][3.2].

Third-party providers must also submit all statutorily prescribed fees and taxes they collect to the department, and may collect and retain a reasonable and commensurate fee for their services [3.3].

Customer Proprietary Network Information (CPNI)

If a business is a telecommunications carrier, it must comply with the Information Requirements for Customer CPNI Opt-In Notice [R14-2-2105, AZAC Title 14, Chapter 2, Article 21, Section 5]. The notification to obtain opt-in approval must include language the same as or substantially similar to the definition of customer proprietary network information contained in 47 U.S.C. 222(h)(1), state that the customer has a right to direct the company not to use the customer’s CPNI or limit the use, disclosure, and access to the customer’s CPNI, and inform the customer that CPNI includes all information related to specific calls initiated or received by a customer. The notice must also inform the customer that CPNI does not include published information, whether listed or non-listed, such as their name, telephone number, and address, and this information is not subject to the same limitations of use. The notice must be posted on the company’s website, mailed separately or included as an insert in a regular monthly bill within an envelope that clearly and boldly states that important privacy information is contained therein, and be clearly legible, in twelve-point or larger print. The notice must be printed in both English and Spanish unless the customer has previously expressed a preferred language in which case the notice may be written in that language alone. Electronic notice must be e-mailed separately from any billing information, inducements, advertising, or promotional information, and be clearly legible, in twelve-point or larger print. The notice must be printed in both English and Spanish unless the customer has previously expressed a preferred language in which case the notice may be written in that language alone.

Conclusion

In summary, there are no specific statutes or regulations in Arizona that prohibit the use of third-party marketing automation tools that collect personal information. However, businesses must comply with applicable state and federal laws regarding the collection, use, and protection of personal information. If a business wishes to use a third-party provider for driver license processing or other services related to motor vehicles, it must obtain authorization from the Arizona Department of Transportation and comply with all relevant requirements. If a business is a telecommunications carrier, it must comply with the Information Requirements for Customer CPNI Opt-In Notice.

Source(s):
Jurisdiction

Arizona