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

Third-Party Marketing Automation Tools and Personal Information Collection in Virginia

Based on the context documents, there are specific requirements for merchants maintaining an information system that includes personal information in Virginia. However, it is unclear from the context documents whether there are any specific requirements for third-party marketing automation tools that collect personal information in Virginia.

According to VACV 59.1-442, no merchant, without giving notice to the purchaser, shall sell to any third person information that concerns the purchaser and that is gathered in connection with the sale, rental, or exchange of tangible personal property to the purchaser at the merchant’s place of business. Notice required by this section may be by the posting of a sign or any other reasonable method. If requested by a purchaser not to sell such information, the merchant shall not do so. No merchant shall sell any information gathered solely as the result of any customer payment by personal check, credit card, or where the merchant records the number of the customer’s driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction. This subsection shall not be construed as authorizing a merchant to sell to a third person any information concerning a purchaser if the sale or dissemination of the information is prohibited pursuant to § 59.1-443.3.

Furthermore, VACV 59.1-443.3 states that no merchant shall sell or disseminate to a third party any information obtained from a scan of the machine-readable zone of an individual’s driver’s license or other document for any marketing, advertising, or promotional purpose. This subsection shall not prohibit a merchant from disseminating to a third party any such information for a purpose described in subdivision A 3, 4, 5, or 6.

However, there are no specific requirements mentioned for third-party marketing automation tools that collect personal information in Virginia. Therefore, it is recommended that you consult with a legal professional to ensure compliance with all relevant laws and regulations.

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Source(s):
Jurisdiction

Virginia