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

Use of Third-Party Marketing Automation Tools in Wisconsin

Based on the provided context documents, it appears that Wisconsin law does not prohibit the use of third-party marketing automation tools that collect personal information. However, certain requirements must be met to ensure compliance with state regulations.

Requirements for Third-Party Testers

If a third-party tester wishes to collect personal information as part of their testing services, they must comply with the requirements outlined in WIAC Trans 115.04 [1.2]. These requirements include:

  • Certification that the applicant maintains a primary place of business with at least one permanent regularly occupied structure.
  • Certification that the primary place of business is safe, meets all requirements of state law and local ordinances, and, along with all records, is locked and secured when not in use.
  • The official name, address, and telephone number of the primary place of business.
  • Certification that the applicant employs a safety officer or official who is responsible for the organization’s third party testing operation.
  • The name, title, address, and telephone number of the safety officer or other official who has been designated as a contact person with the department.
  • Certification that the applicant employs at least one third party examiner.
  • The type of organization the applicant represents including, but not limited to, governmental entity, association, motor carrier, educational institution.
  • If applicable, a description of the vehicle fleet owned or leased by the applicant, including the number of CMVs by class and type.
  • The class of testing and endorsements for which the applicant is applying.
  • If applicable, the total number of Wisconsin licensed drivers employed to operate CMVs.
  • A designated skills test route or routes acceptable to the department.

Exception to Opt-Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

If a licensee wishes to use a third-party marketing automation tool to collect personal information, they must comply with the requirements outlined in WIAC Ins 25.50 [2.1]. These requirements include:

  • Providing the initial notice in accordance with s. Ins 25.10.
  • Entering 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.
  • Contractually requiring the third party to comply with the licensee’s or its affiliate’s standards that are reasonably designed to ensure the quality of the goods or services, and customer services.
  • Entering into a contractual agreement with the third party that requires the third party to implement reasonable safeguards to protect the security and confidentiality of its nonpublic personal financial information and take action that is necessary to enforce those safeguards.

Selection of Vendors

If a licensee wishes to use a third-party vendor to provide an interface between agents and the DMV, they must comply with the requirements outlined in WIAC Trans 156.03 [2.2]. These requirements include:

  • Submitting a request to participate as a vendor to the Wisconsin Department of Transportation, DMV Bureau of Vehicle Services.
  • Providing the company name, address, telephone and fax number, and the names of key personnel and a contact person.
  • Describing the product and services that will be provided if the organization is approved as a vendor.
  • Providing a description of any relevant experience in other states and the names of references.

Limits on Sharing Account Number Information for Marketing Purposes

WIAC Ins 25.40 [2.1] prohibits a licensee from disclosing, other than to a consumer reporting agency, 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. However, there are exceptions to this rule, including disclosure to a licensee’s service provider solely in order to perform marketing for the licensee’s own products or services, as long as the service provider is not authorized to directly initiate charges to the account.

Conclusion

Based on the provided context documents, it appears that Wisconsin law does not prohibit the use of third-party marketing automation tools that collect personal information. However, certain requirements must be met to ensure compliance with state regulations. If you have further questions or concerns, it is recommended that you consult with a legal professional.

Source(s):
Jurisdiction

Wisconsin