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)(a) (a) To the licensee’s affiliates.

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 25.35(4)(c) (c) To any other person, if the disclosure would be lawful if the licensee made it directly to that person.

Ins 25.35 History History: Cr. Register, June, 2001, No. 546, eff. 7-1-01.

Ins 25.40 Ins 25.40 Limits on sharing account number information for marketing purposes.

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) (3) Examples.

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.

Ins 25.40 History History: Cr. Register, June, 2001, No. 546, eff. 7-1-01.

subch. IV of ch. Ins 25 Subchapter IV — Exceptions to Limits on Disclosure of Financial Information

Ins 25.50 Ins 25.50 Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing.

Ins 25.50(1) (1) Services.

Ins 25.50(1)(a) (a) General rule. The opt out requirements in ss. Ins 25.17 and 25.30 do not apply when a licensee provides nonpublic personal financial information to either of the following:

Ins 25.50(1)(a)1. 1. A nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee complies with all of the following:

Ins 25.50(1)(a)1.a. a. It provides the initial notice in accordance with s. Ins 25.10.

Ins 25.50(1)(a)1.b. b. It enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in s. Ins 25.55 or 25.60 in the ordinary course of business to carry out those purposes.

Ins 25.50(1)(a)2. 2. A nonaffiliated third party for the purpose of marketing goods or services under the brand name of a licensee under ch. Ins 15, or an affiliate of such a licensee, if the licensee complies with all of the following:

Ins 25.50(1)(a)2.a. a. It provides the initial notice in accordance with s. Ins 25.10.

Ins 25.50(1)(a)2.b. b. The licensee or its affiliate enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee or its affiliate disclosed the information, including use under an exception in s. Ins 25.55 or 25.60 in the ordinary course of business to carry out those purposes.

Ins 25.50(1)(a)2.c. c. The licensee or its affiliate contractually requires the third party to comply with the licensee’s or its affiliate’s standards that are reasonably designed to ensure the quality of the goods or services, and customer services.

Ins 25.50(1)(a)2.d. d. The licensee or affiliate enters into a contractual agreement with the third party that requires the third party to implement reasonable safeguards to protect the security and confidentiality of its nonpublic personal financial information and take action that is necessary to enforce those safeguards.