has an office or other place of business located in the state; and
(ii)
in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102
Consumer transaction: includes :
(i)
the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and
(ii)
with respect to any transaction described in Subsection (4)(a):
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Nonpublic personal information: includes :
(i)
a person's Social Security number;
(ii)
information used to determine a person's credit worthiness including a person's:
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
a commercial entity; and
(b)
(i)
directly; or
(ii)
indirectly through one or more intermediaries.
(2)
(a)
Subject to Subsection (2)(b), “commercial entity” means a person that:
(i)
has an office or other place of business located in the state; and
(ii)
in the ordinary course of business transacts a consumer transaction in this state.
(b)
“Commercial entity” does not include:
(i)
a governmental entity; or
(ii)
an entity providing services on behalf of a governmental entity.
(3)
“Compensation” means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information.
(4)
(a)
“Consumer transaction” means:
(i)
a sale, lease, assignment, award by chance, or other written or oral transfer or disposition:
(A)
that is initiated or completed in this state; and
(B)
of:
(I)
goods;
(II)
services; or
(III)
other tangible or intangible property, except securities and insurance or services related thereto; or
(ii)
a transaction:
(A)
that is initiated or completed in this state; and
(B)
that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes.
(b)
“Consumer transaction” includes:
(i)
the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and
(ii)
with respect to any transaction described in Subsection (4)(a):
(A)
an offer or solicitation;
(B)
an agreement;
(C)
the performance of an agreement; or
(D)
a charitable solicitation as defined in Section 13-11-3.
(c)
“Consumer transaction” does not include a transaction related to real property.
(5)
(a)
“Nonpublic personal information” means information that:
(i)
is not public information; and
(ii)
either alone or in conjunction with public information, identifies a person in distinction from other persons.
(b)
“Nonpublic personal information” includes:
(i)
a person’s Social Security number;
(ii)
information used to determine a person’s credit worthiness including a person’s:
(A)
income; or
(B)
employment history;
(iii)
the purchasing patterns of a person; or
(iv)
the personal preferences of a person.
(6)
“Public information” means a person’s:
(a)
name;
(b)
telephone number; or
(c)
street address.
(7)
(a)
Subject to Subsection (7)(b), “third party” means a person other than the commercial entity that obtains nonpublic personal information.
(b)
“Third party” does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.