Utah Code 13-37-201. Required notice
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Terms Used In Utah Code 13-37-201
- commercial entity: means a person that:(2)(a)(i) has an office or other place of business located in the state; and(2)(a)(ii) in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102
- 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. See Utah Code 13-37-102
- Consumer transaction: includes :
(4)(b)(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(4)(b)(ii) with respect to any transaction described in Subsection (4)(a):(4)(b)(ii)(A) an offer or solicitation;(4)(b)(ii)(B) an agreement;(4)(b)(ii)(C) the performance of an agreement; or(4)(b)(ii)(D) a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102- Nonpublic personal information: includes :
(5)(b)(i) a person's Social Security number;(5)(b)(ii) information used to determine a person's credit worthiness including a person's:(5)(b)(ii)(A) income; or(5)(b)(ii)(B) employment history;(5)(b)(iii) the purchasing patterns of a person; or(5)(b)(iv) the personal preferences of a person. See Utah Code 13-37-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) In accordance with this section, a commercial entity shall provide the notice described in this section to a person if:(1)(a)(i) the commercial entity enters into a consumer transaction with that person;(1)(a)(ii) as a result of the consumer transaction described in this Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and(1)(a)(iii) the commercial entity intends to or wants the ability to disclose the nonpublic personal information:(1)(a)(iii)(A) to a third party; and(1)(a)(iii)(B) for compensation; and(1)(a)(iv) the compensation described in Subsection (1)(a)(iii)(B):(1)(a)(iv)(A) is the primary consideration for the commercial entity disclosing the nonpublic personal information;(1)(a)(iv)(B) is directly related to the commercial entity disclosing the nonpublic personal information; and(1)(a)(iv)(C) is not compensation received by the commercial entity in consideration of a transaction described in Subsection (5).(1)(b) For purposes of this chapter, a commercial entity is considered to have obtained information as a result of a consumer transaction if:(1)(b)(i) the person provides the information to the commercial entity:(1)(b)(i)(A) at any time during the consumer transaction; and(1)(b)(i)(B) at the request of the commercial entity; or(1)(b)(ii)(1)(b)(ii)(A) the commercial entity otherwise obtains the information; and(1)(b)(ii)(B) but for the consumer transaction, the commercial entity would not obtain the information.(2) The notice required by Subsection (1) shall be given before the earlier of:(2)(a) the point at which the person is requested to provide the nonpublic personal information; or(2)(b) the commercial entity otherwise obtains the nonpublic personal information as a result of the consumer transaction described in Subsection (1)(a).(3) The notice required by Subsection (1):(3)(a) shall read substantially as follows: “We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation.”;(3)(b) may be made:(3)(b)(i) orally, if the consumer transaction itself is entirely conducted orally; or(3)(b)(ii) in writing, if the notice is written in dark bold; and(3)(c) shall be sufficiently conspicuous so that a reasonable person would perceive the notice before providing the nonpublic personal information.(4) This chapter does not apply to:(4)(a) a commercial entity that is subject to a federal law or regulation that governs the disclosure of nonpublic information to a third party; or(4)(b) a covered entity as defined in 45 C.F.R. Parts 160 and 164.(5) Notwithstanding the other provisions of this section, a commercial entity is not required to provide notice under this section if:(5)(a) the disclosure of the nonpublic personal information is related to the third party providing to the commercial entity:(5)(a)(i) services, including business outsource services;(5)(a)(ii) personal or real property; or(5)(a)(iii) other thing of value; and(5)(b) compensation received by the commercial entity as part of the transaction is received by the commercial entity for or in consideration of the transaction described in Subsection (5)(a).