As used in this chapter: (1) "Affiliate" means a person that controls, is controlled by, or is under common control with: (a) a commercial entity; and (b) (i) directly; or (ii) indirectly through one or more intermediaries. (2) (a) Subject to Subsection (2)(b), "commercial entity" means a person that: (i) maintains a physical office in the state; and (ii) in the ordinary course transacts business at the physical office with consumers located in the state. (b) "Commercial entity" does not include: (i) a governmental entity; or (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) (a) "Consumer transaction" means: (i) a sale, lease, assignment, award by chance, or other written or oral transfer or disposition: (A) that is initiated or completed in this state; and (B) of: (I) goods; (II) services; or (III) other tangible or intangible property, except securities and insurance or services related thereto; or (ii) a transaction: (A) that is initiated or completed in this state; and (B) that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes. (b) "Consumer transaction" includes: (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 (ii) with respect to any transaction described in Subsection (4)(a): (A) an offer or solicitation; (B) an agreement; (C) the performance of an agreement; or (D) a charitable solicitation as defined in Section 13-11-3. (c) "Consumer transaction" does not include a transaction related to real property. (5) (a) "Nonpublic personal information" means information that: (i) is not public information; and (ii) either alone or in conjunction with public information, identifies a person in distinction from other persons. (b) "Nonpublic personal information" includes: (i) a person's Social Security number; (ii) information used to determine a person's credit worthiness including a person's: (A) income; or (B) employment history; (iii) the purchasing patterns of a person; or (iv) the personal preferences of a person. (6) (a) "Physical office" means a location: (i) accessible to the public during normal business hours; (ii) staffed by one or more individuals who conduct business on behalf of the commercial entity; and (iii) used for the primary purpose of transacting business with consumers in the state. (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: (a) name; (b) telephone number; or (c) street address. (8) (a) Subject to Subsection (8)(b), "third party" means a person other than the commercial entity that obtains nonpublic personal information. (b) "Third party" does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.
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