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Florida Administrative Code (Last Updated: October 28, 2024) |
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69. Department of Financial Services |
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69J. Division of Consumer Services |
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69J-128. Privacy Of Consumer Financial And Health Information |
69J-128.014. Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
1(1) General rule.
4(a) The opt out requirements in Rules 1169J-128.008 12and 1369J-128.011, 14F.A.C., 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:
461. Provides the initial notice in accordance with Rule 5569J-128.005, 56F.A.C.; and
582. 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 Rule 10069J-128.015 101or 10269J-128.016, 103F.A.C., in the ordinary course of business to carry out those purposes.
115(b) Example. If a licensee discloses nonpublic personal financial information under this rule to a financial institution with which the licensee performs joint marketing, the licensee’s contractual agreement with that institution meets the requirements of subparagraph (a)2. of this subsection if it prohibits the institution from disclosing or using the nonpublic personal financial information except as necessary to carry out the joint marketing or under an exception in Rule 18469J-128.015 185or 18669J-128.016, 187F.A.C., in the ordinary course of business to carry out that joint marketing.
200(2) Service may include joint marketing. The services a nonaffiliated third party performs for a licensee under subsection (1) of this rule 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.
253(3) Definition of “joint agreement.” For purposes of this rule, “joint agreement” means a written contract pursuant to which a licensee and one or more financial institutions jointly offer, endorse or sponsor a financial product or service.
290Specific Authority 292624.308, 293626.9651 FS. 295Law Implemented 297624.307(1), 298626.9651 FS. 300History–New 12-16-01, Formerly 4-128.014, 69B-128.014.
