[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR313.13]

[Page 407-408]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 313--PRIVACY OF CONSUMER FINANCIAL INFORMATION--Table of Contents
 
                          Subpart C--Exceptions
 
Sec. 313.13  Exception to opt out requirements for service providers and joint marketing.


    (a) General rule. (1) The opt out requirements in Secs. 313.7 and 
313.10 do not apply when you provide nonpublic personal information to a 
nonaffiliated third party to perform services for you or functions on 
your behalf, if you:
    (i) Provide the initial notice in accordance with Sec. 313.4; and

[[Page 408]]

    (ii) Enter 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 you disclosed the information, 
including use under an exception in Sec. 313.14 or 313.15 in the 
ordinary course of business to carry out those purposes.
    (2) Example. If you disclose nonpublic personal information under 
this section to a financial institution with which you perform joint 
marketing, your contractual agreement with that institution meets the 
requirements of paragraph (a)(1)(ii) of this section if it prohibits the 
institution from disclosing or using the nonpublic personal information 
except as necessary to carry out the joint marketing or under an 
exception in Sec. 313.14 or 313.15 in the ordinary course of business to 
carry out that joint marketing.
    (b) Service may include joint marketing. The services a 
nonaffiliated third party performs for you under paragraph (a) of this 
section may include marketing of your own products or services or 
marketing of financial products or services offered pursuant to joint 
agreements between you and one or more financial institutions.
    (c) Definition of joint agreement. For purposes of this section, 
joint agreement means a written contract pursuant to which you and one 
or more financial institutions jointly offer, endorse, or sponsor a 
financial product or service.