As used in this chapter:
(1)"Affiliate" means a person that controls, is controlled by, or is under common control with:
(1)(a) a commercial entity; and
(1)(b) (1)(b)(i) directly; or
(1)(b)(ii) indirectly through one or more intermediaries.
(2)(2)(a) Subject to Subsection (2)(b), "commercial entity" means a person that:
(2)(a)(i) maintains a physical office in the state; and
(2)(a)(ii) in the ordinary course transacts business at the physical office with consumers located in the state.
(2)(b) "Commercial entity" does not include:
(2)(b)(i) a governmental entity; or
(2)(b)(ii) an entity providing services on behalf of a governmental entity.
(3)"Compensation" means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosur
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As used in this chapter:
(1) "Affiliate" means a person that controls, is controlled by, or is under common control with:
(1)(a) a commercial entity; and
(1)(b) (1)(b)(i) directly; or
(1)(b)(ii) indirectly through one or more intermediaries.
(2) (2)(a) Subject to Subsection (2)(b), "commercial entity" means a person that:
(2)(a)(i) maintains a physical office in the state; and
(2)(a)(ii) in the ordinary course transacts business at the physical office with consumers located in the state.
(2)(b) "Commercial entity" does not include:
(2)(b)(i) a governmental entity; or
(2)(b)(ii) an entity providing services on behalf of a governmental entity.
(3) "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.
(4) (4)(a) "Consumer transaction" means:
(4)(a)(i) a sale, lease, assignment, award by chance, or other written or oral transfer or disposition:
(4)(a)(i)(A) that is initiated or completed in this state; and
(4)(a)(i)(B) of:
(4)(a)(i)(B)(I) goods;
(4)(a)(i)(B)(II) services; or
(4)(a)(i)(B)(III) other tangible or intangible property, except securities and insurance or services related thereto; or
(4)(a)(ii) a transaction:
(4)(a)(ii)(A) that is initiated or completed in this state; and
(4)(a)(ii)(B) that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes.
(4)(b) "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.
(4)(c) "Consumer transaction" does not include a transaction related to real property.
(5) (5)(a) "Nonpublic personal information" means information that:
(5)(a)(i) is not public information; and
(5)(a)(ii) either alone or in conjunction with public information, identifies a person in distinction from other persons.
(5)(b) "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.
(6) (6)(a) "Physical office" means a location:
(6)(a)(i) accessible to the public during normal business hours;
(6)(a)(ii) staffed by one or more individuals who conduct business on behalf of the commercial entity; and
(6)(a)(iii) used for the primary purpose of transacting business with consumers in the state.
(6)(b) "Physical office" does not include a post office box, mailing address, registered agent, or virtual office that a person solely relies on for business correspondence.
(7) "Public information" means a person's:
(7)(a) name;
(7)(b) telephone number; or
(7)(c) street address.
(8) (8)(a) Subject to Subsection (8)(b), "third party" means a person other than the commercial entity that obtains nonpublic personal information.
(8)(b) "Third party" does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.