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

Using Third-Party Marketing Automation Tools in North Carolina

If you are planning to use third-party marketing automation tools that collect personal information in North Carolina, there are several regulations that you need to be aware of.

Firstly, NCGS 75-102 imposes restrictions on telephone solicitations, including requirements to identify the telephone solicitor and provide contact information upon request, and to remove a telephone subscriber’s name and telephone number from the contact list of the telephone solicitor upon request. This suggests that if you are collecting personal information for marketing purposes via telephone, you must comply with these requirements.

Secondly, NCGS 66-494 requires online marketplaces to implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the information or documents collected to comply with the requirements of this Article from unauthorized use, disclosure, access, destruction, or modification. This suggests that if you are collecting personal information for marketing purposes through an online marketplace, you must implement and maintain reasonable security procedures and practices.

Thirdly, NCGS 66-493 requires online marketplaces to disclose certain identity information of high-volume third-party sellers to consumers. This includes the full name of the high-volume third-party seller, physical address of the seller, contact information for the seller that will allow for direct, unhindered communication with the seller by consumers of the online marketplace, and whether or not the high-volume third-party seller used a different seller to supply the product to the consumer upon purchase. This suggests that if you are a high-volume third-party seller using a third-party marketing automation tool, you must disclose this identity information to consumers.

Finally, NCGS 58-39-45 grants individuals the right to access recorded personal information about themselves that is reasonably described by the individual and reasonably locatable and retrievable by the insurance institution, agent, or insurance-support organization. This suggests that if you are collecting personal information for marketing purposes, individuals have the right to access this information upon request.

In summary, if you are planning to use third-party marketing automation tools that collect personal information in North Carolina, you must comply with regulations related to telephone solicitations, implement reasonable security procedures and practices, disclose certain identity information of high-volume third-party sellers to consumers, and grant individuals the right to access recorded personal information about themselves. However, without more specific information about the third-party marketing automation tool and the personal information being collected, it is difficult to provide a definitive answer.

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Source(s):

• [2.1] Limitation on use of information; security of marketplace information.
• [2.2] Disclosure of high-volume third-party seller information to consumers.
• [1.2] Access to recorded personal information.

Jurisdiction

North Carolina

• Privacy