(a) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in § 431:3A-402 or 431:3A-403, the licensee’s disclosure and use of that information shall be as follows:

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Terms Used In Hawaii Revised Statutes 431:3A-302

  • Nonaffiliated third party: means any person except:

    (1) A licensee's affiliate; or

    (2) A person employed jointly by a licensee and any company that is not the licensee's affiliate; provided that for purposes of this paragraph, a nonaffiliated third party includes the other company that jointly employs the person. See Hawaii Revised Statutes 431:3A-102

(1) The licensee may disclose the information to the affiliates of the financial institution from which the licensee received the information;
(2) The licensee may disclose the information to its affiliates who may disclose and use the information only to the extent that the licensee may disclose and use the information; and
(3) The licensee may disclose and use the information pursuant to an exception under § 431:3A-402 or 431:3A-403, in the ordinary course of business to carry out the activity covered by the exception under which the licensee received the information.
(b) If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in § 431:3A-402 or 431:3A-403, the licensee may disclose the information only:

(1) To the affiliates of the financial institution from which the licensee received the information;
(2) To its affiliates who may disclose the information only to the extent that the licensee may disclose the information; and
(3) To any other person, if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information.
(c) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party under an exception in § 431:3A-402 or 431:3A-403, the third party may disclose and use that information, as follows:

(1) Disclose to the licensee’s affiliates;
(2) Disclose to its affiliates, who may disclose and use the information only to the extent that the third party may disclose and use the information; and
(3) Disclose and use the information pursuant to an exception under § 431:3A-402 or 431:3A-403 in the ordinary course of business to carry out the activity covered by the exception under which it received the information.
(d) If a licensee discloses nonpublic personal financial information to a nonaffiliated third party other than under an exception under § 431:3A-402 or 431:3A-403, the third party may disclose the information only:

(1) To the licensee’s affiliates;
(2) To the third party’s affiliates who may disclose the information only to the extent the third party can disclose the information; and
(3) To any other person, if the disclosure would be lawful if the licensee made it directly to that person.
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