(a) A licensee shall not disclose, directly or through an affiliate 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.

Terms Used In Hawaii Revised Statutes 431:3A-303

  • Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Hawaii Revised Statutes 431:3A-102
  • Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
  • Nonaffiliated third party: means any person except:

    (1) A licensee's affiliate; or

    (2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102

(b) Subsection (a) does not apply if a licensee discloses a policy number or similar form of access number or access code:

(1) To the licensee’s service provider solely in order to perform marketing for the licensee’s own products or services, if the service provider is not authorized to directly initiate charges to the account;
(2) To a licensee who is a producer solely in order to perform marketing for the licensee’s own products or services; or
(3) To a participant in an affinity or similar program if the participants in the program are identified to the customer when the customer enters into the program.
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