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Can I use third-party social media tools that collect personal information in Vermont? What are the requirements?

Based on the provided context, businesses in Vermont must comply with the Vermont Consumer Protection Rule on Privacy and Opt-In Notices for Nonpublic Personal Information [2.3]. The rule requires businesses to provide an initial notice to consumers before collecting any nonpublic personal information, including through third-party social media tools [2.4].

If a third-party social media tool collects personal information, including nonpublic personal financial information, businesses in Vermont must obtain written consent from the individuals before disclosing their information to the third party [2.4]. Additionally, businesses must ensure that the connection used to transmit nonpublic personal financial information over the internet is secure or that the information is encrypted [2.4].

There are exceptions to the opt-in requirements for disclosure of nonpublic personal information for service providers and joint marketing [2.2][3.1]. If a business provides nonpublic personal information to a nonaffiliated third party to perform services for the business or functions on the business’s behalf, the opt-in requirements do not apply if the business provides the initial notice, enters into a contractual agreement with the third party that prohibits the nonaffiliated third party from disclosing or using the information other than to carry out the purposes for which the business disclosed the information, and for joint marketing agreements, provides only the consumer’s name, contact information, and own transaction and experience information [2.2][3.1].

It is important to note that the context documents do not provide specific requirements for using third-party social media tools that collect personal information. Therefore, businesses should consult with legal counsel to ensure compliance with all applicable laws and regulations.

To summarize, businesses in Vermont can use third-party social media tools that collect personal information if they comply with the Vermont Consumer Protection Rule on Privacy and Opt-In Notices for Nonpublic Personal Information, obtain written consent from individuals before disclosing their information to the third party, and ensure that the connection used to transmit nonpublic personal financial information over the internet is secure or that the information is encrypted. There are exceptions to the opt-in requirements for disclosure of nonpublic personal information for service providers and joint marketing.

Source(s):
Jurisdiction

Vermont