[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR160.13]

[Page 573-574]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 160_PRIVACY OF CONSUMER FINANCIAL INFORMATION--Table of Contents
 
                          Subpart C_Exceptions
 
Sec. 160.13  Exception to opt out requirements for service providers 
and joint marketing.


    (a) General rule. (1) The opt out requirements in Sec. Sec. 160.7 
and 160.10 do not

[[Page 574]]

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. 160.4; and
    (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. Sec. 160.14 or 160.15 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. Sec. 160.14 or 160.15 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.