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

Using Third-Party Marketing Automation Tools in New Mexico

If you are using third-party marketing automation tools that collect personal information in New Mexico, you must ensure that the service provider implements and maintains reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification, or disclosure [3.1].

There are no specific requirements for third-party marketing automation tools that collect personal information in New Mexico. However, if you are a small loan business operating one or more marketing site(s), you must provide all mandatory disclosures and consumer information required by Subsection C of 12.18.3.8 NMAC and Subsection A of 12.18.4.8 NMAC to consumers. The required disclosures and consumer information shall be easily accessible to consumers to review on a New Mexico specific web page maintained by the small loan company. The small loan company must ensure active links to the New Mexico specific web page are included on all company marketing sites utilized for loans made to borrowers in New Mexico [1.1].

Additionally, if you are disclosing nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, you must provide the initial notice in accordance with 13.1.3.8 NMAC and 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 the licensee disclosed the information, including use under an exception in 13.1.3.18 NMAC or 13.1.3.19 NMAC in the ordinary course of business to carry out those purposes [2.1].

It is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.

Conclusion

In summary, there are no specific requirements for third-party marketing automation tools that collect personal information in New Mexico. However, you must ensure that the service provider implements and maintains reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification, or disclosure. Additionally, if you are disclosing nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, you must provide the initial notice and 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 the licensee disclosed the information.

Source(s):
Jurisdiction

New Mexico