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

Using Third-Party Marketing Automation Tools that Collect Personal Information in West Virginia

If you are planning to use third-party marketing automation tools that collect personal information in West Virginia, there are several requirements that you must meet.

Disclosure of Nonpublic Personal Financial Information

If the personal information being collected falls under the category of nonpublic personal financial information, the West Virginia Code has specific requirements for disclosure. The opt-out requirements in sections 6 and 9 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 section 3 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, including use under an exception in sections 13 or 14 in the ordinary course of business to carry out those purposes [1.1].

Limits on Sharing Account Number Information for Marketing Purposes

If you plan to disclose a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer, you must comply with the limits on sharing account number information for marketing purposes [1.2].

Disclosure of Records that Contain Personal Information

If you plan to disclose records that contain personal information, you must comply with the disclosure requirements outlined in the West Virginia Code. The Division shall disclose records that contain personal information if the request is in writing on a form prescribed by the Division, if the request is for a legitimate purpose, if the requestor pays the required fees, and if the requestor provides proper identification. Records shall be disclosed only to required users, consensual users, or permitted users pursuant to the Act [2.1].

Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

If you plan to disclose nonpublic personal financial information about a consumer to a nonaffiliated third party, you must comply with the limits on disclosure of nonpublic personal financial information to nonaffiliated third parties. A licensee may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the licensee has provided to the consumer an initial notice as required under section 3, has provided to the consumer an opt-out notice as required in section 6, has given the consumer a reasonable opportunity, before it discloses the information to the nonaffiliated third party, to opt out of the disclosure, and the consumer does not opt out [1.6].

Based on the provided context documents, it is recommended that you consult with a legal professional to determine the specific requirements for your situation.

[1.1]: WVCS 114-57-9 [1.2]: WVCS 114-57-11 [2.1]: WVCS 91-08-6 [1.6]: WVCS 114-57-9

Source(s):
Jurisdiction

West Virginia