(ii) Enter into a contractual agreement with the third party prohibiting the third party from disclosing or using the information, except to achieve the purposes for which you disclosed the information, including use in the ordinary course of business, with one exception to § 313.14 or § 313.15. The exceptions in sections 313.14 and 313.15 of the Privacy Policy do not apply to the disclosure of account numbers for marketing purposes. For example, you cannot obtain your customer`s consent to disclose their account number for marketing purposes. (2) Example. If you disclose non-public personal data in accordance with this section to a financial institution with which you are engaged in joint marketing, your contractual agreement with that institution will comply with the requirements of paragraph (a) (1) (ii) of this section if it prohibits the institution from disclosing or using the non-public personal data, unless it is necessary to carry out joint marketing or is subject to an Exception to § 313.14 or § 313.15 in the ordinary course of business. this joint marketing. To take advantage of the Section 13 exception, you must enter into a contract with the unaffiliated third parties with whom you share NPI. The agreement must ensure the confidentiality of the information by prohibiting the third party or third parties from using or disclosing the information for purposes other than those for which it was obtained. Contracts concluded with non-affiliated service providers which entered into force before 1 July 2000 and which do not have the necessary confidentiality agreement must be amended by 1 July 2002 at the latest to include such a provision. This prohibition applies even if a consumer or customer has not objected to NPI`s disclosure with respect to their account. The prohibition applies to the disclosure of an individual`s credit card account numbers, deposit account or “transaction account” to unaffiliated third parties for use in telemarketing, direct marketing or other email marketing to a consumer. A “Transaction Account” is any account on which a third party can initiate fees. This provision does not prohibit the disclosure of an encrypted account number if the third party receiving the information has no means of decrypting it.
The exemption in section 13 also applies to the marketing of financial products or services offered under a “joint agreement” with one or more other financial institutions. The requirement for a “joint agreement” means that you have entered into a written contract with one or more financial institutions for your joint offer, approval or sponsorship of a financial product or service. This does not apply to any type of joint marketing, but only to joint marketing with other financial institutions and only to the marketing of financial products or services. (b) The Service may include joint marketing. Services that an unaffiliated third party provides to you under paragraph (a) of this Section may include marketing your own products or services or marketing financial products or services offered under joint agreements between you and one or more financial institutions. (c) the definition of the concept of `joint agreement`. For the purposes of this Section, a joint agreement is a written contract under which you and one or more financial institutions jointly offer, endorse or sponsor a financial product or service. This prohibition applies to the entire marketing transaction, including the display of fees on an account.
However, this does not apply if you disclose an account number to your agent or service provider solely to market your own products or services, as long as the party receiving the information cannot directly inject a fee for the account. The exemption in section 13 includes information for certain service providers and marketing activities. The exception in Section 13 includes disclosure to third parties whose services provided to you are not covered by the exceptions in Section 14. For example, if you engage an unaffiliated third party to provide services related to the marketing of your products or to jointly market financial products to you and another financial institution, or to conduct a general analysis of your transactions with customers, your disclosure of NPI for these purposes will not be subject to the exceptions in Section 14. Therefore, you can use the section 13 exception for these types of service providers. (1) The opt-out requirements of §§ 313.7 and 313.10 do not apply if you provide non-public personal data to an unaffiliated third party for the provision of services or functions on your behalf, if you: These examples are taken from the provisions and regulations on financial activities in section 4(k). You may also share the information with your affiliates, whose new disclosure is limited in the same way as you, and with the affiliates of the home financial institution. According to the rule, a “consumer” is a person who receives or has received a financial product or service from a financial institution intended to be used primarily for personal, family or household purposes, or the legal representative of that person […].