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Can I use third-party marketing automation tools that collect personal information in New Hampshire? What are the requirements?
Using Third-Party Marketing Automation Tools in New Hampshire
If you are planning to use third-party marketing automation tools that collect personal information in New Hampshire, you must comply with the state’s privacy laws.
According to NHCAR Ins 3004.01, the opt-out requirements for disclosure of nonpublic personal financial information 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 Ins 3002.01 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.
Therefore, if you are a licensee and you provide personal financial information to a third-party marketing automation tool, you must provide an initial notice to the individuals whose information you are sharing and enter into a contractual agreement with the third party that prohibits them from disclosing or using the information for any other purpose than to carry out the purposes for which you disclosed the information.
However, it is important to note that NHCAR Ins 3004.01 only applies to nonpublic personal financial information. If the personal information you are collecting and sharing is not related to financial information, you may need to comply with other privacy laws in New Hampshire.
Unfortunately, the context documents do not provide further information on the specific requirements for collecting and sharing personal information in New Hampshire. Therefore, if you need more information, we recommend consulting with a legal professional who can provide guidance on the relevant laws and regulations.
Jurisdiction
New Hampshire