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

Using Third-Party Marketing Automation Tools in Colorado

Yes, you can use third-party marketing automation tools that collect personal information in Colorado, but you must comply with the Colorado Consumer Protection Act (CCPA) and the Colorado Privacy Act (CPA) [1.9].

Requirements

  • Provide an initial notice to consumers that explains what personal information you collect, how you use it, and with whom you share it [1.9].
  • Provide an opt-out notice that allows consumers to direct you not to disclose their personal information to nonaffiliated third parties [1.8].
  • Follow the exceptions to the opt-out requirements for disclosure of nonpublic personal financial information [1.1][1.3][1.7].
  • Obtain authorization from the consumer or customer whose nonpublic personal health information is sought to be disclosed if you are collecting personal health information, unless the disclosure is for certain insurance functions [1.6].

Note that if you receive nonpublic personal financial information from a nonaffiliated financial institution, your disclosure and use of that information is limited [1.7].

In summary, you can use third-party marketing automation tools that collect personal information in Colorado as long as you comply with the CCPA and CPA requirements, provide initial and opt-out notices, and follow the exceptions to the opt-out requirements for disclosure of nonpublic personal financial information.

Source(s):
Jurisdiction

Colorado