Section 26-A3606. EXCEPTION TO OPT OUT REQUIREMENTS FOR SERVICE PROVIDERS AND JOINT MARKETING

 

3606.1The opt out requirements in §§ 3604 and 3605 do not apply when a licensee provides nonpublic personal information about a consumer to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee:

 

(a)Provides the initial notice in accordance with § 3601; and

 

(b)Enters into a contractual agreement with the third party that:

 

(1)Requires the third party to maintain the confidentiality of the information to at least the same extent that the licensee shall maintain that confidentiality under these regulations; and

 

(2)Limits the third party's use of information the licensee discloses solely to the purposes for which the information is disclosed, or as otherwise permitted by §§ 3607 and 3608.

 

3606.2The services performed for the licensee by a nonaffiliated third party under § 3606.1 may include marketing of the licensee's own products or services or marketing of financial products or services offered pursuant to joint agreements between the licensee and one or more financial institutions.

 

3606.3For purposes of this section, joint agreement means a written contract pursuant to which the licensee and one or more financial institutions jointly offer, endorse, or sponsor a financial product or service.

 

source

Emergency Rulemaking published at 47 DCR 9052(November 10, 2000) [EXPIRED]; Emergency Rulemaking published at 48 DCR 2356(March 16, 2001) [EXPIRED]; as Emergency Rulemaking published at 48 DCR 6119(July 1, 2001) [EXPIRED]; as Final Rulemaking published at 48 DCR 8005 (August 24, 2001).