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Can I use third-party marketing automation tools that collect personal information in Arkansas? What are the requirements?
Based on the provided context documents, if you are collecting personal information of Arkansas residents using third-party marketing automation tools, you must implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure [1.1][1.2].
Additionally, if you are disclosing nonpublic personal financial information about a consumer to a nonaffiliated third party for marketing purposes, you must comply with the opt-out requirements in Sections 8 and 11, unless you provide the information to a nonaffiliated third party to perform services for you or functions on your behalf, and you enter 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 you disclosed the information [2.2][2.3][2.4].
However, if you are disclosing 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, you must comply with the general prohibition on disclosure of account numbers, unless you disclose it to the licensee’s service provider solely in order to perform marketing for the licensee’s own products or services, as long as the service provider is not authorized to directly initiate charges to the account; to a licensee who is a producer solely in order 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 [2.1].
The context documents do not provide specific requirements for using third-party marketing automation tools that collect personal information in Arkansas. Therefore, it is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.
Source(s):
- [1.1] Protection of personal information.
- [2.1] Limits on Sharing Account Number Information for Marketing Purposes
- [2.2] Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
- [2.3] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
- [2.4] Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions
- [1.2] Findings and purpose.
Jurisdiction
Arkansas