Ins 25.35(1)(a)3.3. The licensee may disclose and use the information pursuant to an exception in s. Ins 25.55 or 25.60, in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.

Ins 25.35(1)(b)(b) Example. If a licensee receives information from a nonaffiliated financial institution for claims settlement purposes, the licensee may disclose the information for fraud prevention, or in response to a properly authorized subpoena. The licensee may not disclose that information to a third party for marketing purposes or use that information for its own marketing purposes.

Ins 25.35(2)(a)(a) Information a licensee receives outside of an exception. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in s. Ins 25.55 or 25.60, the licensee may not disclose the information except to any of the following:

Ins 25.35(2)(a)1.1. To the affiliates of the financial institution from which the licensee received the information.

Ins 25.35(2)(a)2.2. To its affiliates, but its affiliates may, in turn, disclose the information only to the extent that the licensee may disclose the information.

Ins 25.35(2)(a)3.3. To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.

Ins 25.35(2)(b)(b) Example. If a licensee obtains a customer list from a nonaffiliated financial institution outside of the exceptions in s. Ins 25.55 or 25.60 it may do any of the following:

Ins 25.35(2)(b)1.1. The licensee may use that list for its own purposes.

Ins 25.35(2)(b)2.2. The licensee may disclose that list to another nonaffiliated third party only if the financial institution from which the licensee purchased the list could have lawfully disclosed the list to that third party. That is, the licensee may disclose the list in accordance with the privacy policy of the financial institution from which the licensee received the list, as limited by the opt out direction of each consumer whose nonpublic personal financial information the licensee intends to disclose, and the licensee may disclose the list in accordance with an exception in s. Ins 25.55 or 25.60, such as to the licensee’s attorneys or accountants.

Ins 25.35(3)(3) Information a licensee discloses under an exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in s. Ins 25.55 or 25.60, the third party may not disclose or use that information except under any of the following circumstances:

Ins 25.35(3)(b)(b) The third party may disclose the information to its affiliates, but its affiliates may, in turn, disclose and use the information only to the extent that the third party may disclose and use the information.

Ins 25.35(3)(c)(c) The third party may disclose and use the information pursuant to an exception in s. Ins 25.55 or 25.60 in the ordinary course of business to carry out the activity covered by the exception under which it received the information.

Ins 25.35(4)(4) Information a licensee discloses outside of an exception. If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception in s. Ins 25.55 or 25.60, the third party may not disclose the information except under any of the following circumstances:

Ins 25.35(4)(b)(b) To the third party’s affiliates, but the third party’s affiliates, in turn, may disclose the information only to the extent the third party can disclose the information.

Ins 25.40(1)(1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, 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.

Ins 25.40(2)(2) Exceptions. Subsection (1) does not apply if a licensee discloses a policy number or similar form of access number or access code to any of the following:

Ins 25.40(2)(a)(a) To the licensee’s service provider solely in order to perform marketing for the licensee’s own products or services, as long as the service provider is not authorized to directly initiate charges to the account.

Ins 25.40(2)(b)(b) To a licensee who is a producer solely in order to perform marketing for the licensee’s own products or services.

Ins 25.40(2)(c)(c) To a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

Ins 25.40(3)(a)(a) Policy number. A policy number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as the licensee does not provide the recipient with a means to decode the number or code.

Ins 25.40(3)(b)(b) Policy or transaction account. For the purposes of this section, a policy or transaction account is an account other than a deposit account or a credit card account. A policy or transaction account does not include an account to which third parties cannot initiate charges.