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

Using Third-Party Marketing Automation Tools in Delaware

If you are using third-party marketing automation tools that collect personal information in Delaware, you must comply with the Posting of privacy policy by operators of commercial online sites and services ^[4.2].

According to this document, an operator of a commercial internet website, online or cloud computing service, online application, or mobile application that collects personally identifiable information through the Internet about individual users residing in Delaware who use or visit the operator’s commercial internet website, online or cloud computing service, online application, or mobile application shall make its privacy policy conspicuously available on its internet website, online or cloud computing service, online application, or mobile application.

The privacy policy required by this document shall identify the categories of personally identifiable information that the operator collects through the internet website, online or cloud computing service, online application, or mobile application about users of its commercial internet website, online or cloud computing service, online application, or mobile application and the categories of third-party persons with whom the operator may share that personally identifiable information.

Therefore, if you are using third-party marketing automation tools that collect personal information in Delaware, you must make your privacy policy conspicuously available on your website, online or cloud computing service, online application, or mobile application and identify the categories of personally identifiable information that you collect and the categories of third-party persons with whom you may share that personally identifiable information.

Prohibition on Disclosure of Personal Information

It is important to note that no state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information ^[2.1].

Conclusion

In summary, if you are using third-party marketing automation tools that collect personal information in Delaware, you must comply with the Posting of privacy policy by operators of commercial online sites and services ^[4.2]. Additionally, no state agency shall disclose personal information concerning a user to any person, firm, partnership, corporation, limited liability company or other entity, including internal staff who do not need the information in the performance of their official duties, unless such user has consented to the disclosure of such personal information ^[2.1].

Source(s):

• [2.1] Prohibition on disclosure of personal information.
• [4.2] Posting of privacy policy by operators of commercial online sites and services.

Jurisdiction

Delaware

• Privacy