Utah Code 13-37-102. Definitions
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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:
Terms Used In Utah Code 13-37-102
- 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. See Utah Code 13-37-102
- commercial entity: means a person that:
(2)(a)(i) has an office or other place of business located in the state; and(2)(a)(ii) in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102- 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. See Utah Code 13-37-102- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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. See Utah Code 13-37-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Public information: means a person's:
(6)(a) name;(6)(b) telephone number; or(6)(c) street address. See Utah Code 13-37-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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) has an office or other place of business located in the state; and(2)(a)(ii) in the ordinary course of business transacts a consumer transaction in this 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) “Public information” means a person’s:(6)(a) name;(6)(b) telephone number; or(6)(c) street address.(7)(7)(a) Subject to Subsection (7)(b), “third party” means a person other than the commercial entity that obtains nonpublic personal information.(7)(b) “Third party” does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information. - commercial entity: means a person that: