17 CFR § 248.121 - Affiliate marketing opt out and exceptions.

(a) First notification and exemption requirements - (1) General. Except in the following cases, the qualifications of consumers received from affiliates should not be used to solicit marketing to that consumer:

(i) If consumers can use qualifications for consumers to solicit marketing, consumers or if consumers agree on an outline of the outline. Disclose clearly and noticeable.

(II) Use qualifications to provide rational opportunities for “op t-out” and rational and eas y-t o-understand methods for consumers to solicit marketing to consumers. Prohibit that. And

(III) Consumers are not opt ​​-in.

(2) An example consumer has a securities trading account on a broker dealer. The broker provides consumer qualified information to affiliated investment advisors. Based on this qualitative information, the investment advisory company wants consumers to solicit marketing for on e-time advisory accounts. Investment advisors have no consumers and have no existing business relationships, and other exceptions are not applied. The investment advisory company has the opportunity to notify consumers and op t-out, and use the qualification information obtained from the intermediary affiliated company unless consumers op t-out, to marketing the consumer's firs t-time advisory account. Solicings are prohibited.

(3) Related companies that can provide notifications. The notification required by this section must be provided:

(i) A related company that had existing trading relationships with consumers or had previously had. lingering

(II) In the case of joint notification by two or more members of related company groups. However, it is limited to at least one of the subsidiaries of the joint news that has existing trading relationships with consumers.

(b) Marketing solicitation- (1) Generally. In this section, marketing solicitation shall be performed in the following cases:

(II) Use this qualification information to perform the following or more:

(A) Identify the type of consumer or consumer who is soliciting marketing.

(B) Set a standard for selecting consumers who are soliciting marketing.

(C) Determine your product or service to the consumer, or adjust the marketing solicitation to that consumer. And < Span> (a) First notification and exemption requirements- (1) General. Except in the following cases, the qualifications of consumers received from affiliates should not be used to solicit marketing to that consumer:

(i) If consumers can use qualifications for consumers to solicit marketing, consumers or if consumers agree on an outline of the outline. Disclose clearly and noticeable.

(II) Use qualifications to provide rational opportunities for “op t-out” and rational and eas y-t o-understand methods for consumers to solicit marketing to consumers. Prohibit that. And

(III) Consumers are not opt ​​-in.

(2) An example consumer has a securities trading account on a broker dealer. The broker provides consumer qualified information to affiliated investment advisors. Based on this qualitative information, the investment advisory company wants consumers to solicit marketing for on e-time advisory accounts. Investment advisors have no consumers and have no existing business relationships, and other exceptions are not applied. The investment advisory company has the opportunity to notify consumers and op t-out, and use the qualification information obtained from the intermediary affiliated company unless consumers op t-out, to marketing the consumer's firs t-time advisory account. Solicings are prohibited.

(3) Related companies that can provide notifications. The notification required by this section must be provided:

(i) A related company that had existing trading relationships with consumers or had previously had. lingering

(II) In the case of joint notification by two or more members of related company groups. However, it is limited to at least one of the subsidiaries of the joint news that has existing trading relationships with consumers.

(b) Marketing solicitation- (1) Generally. In this section, marketing solicitation shall be performed in the following cases:

(II) Use this qualification information to perform the following or more:

(A) Identify the type of consumer or consumer who is soliciting marketing.

(B) Set a standard for selecting consumers who are soliciting marketing.

(C) Determine your product or service to the consumer, or adjust the marketing solicitation to that consumer. And (a) First notification and exemption requirements - (1) General. Except in the following cases, the qualifications of consumers received from affiliates should not be used to solicit marketing to that consumer:

(i) If consumers can use qualifications for consumers to solicit marketing, consumers or if consumers agree on an outline of the outline. Disclose clearly and noticeable.

(II) Use qualifications to provide rational opportunities for “op t-out” and rational and eas y-t o-understand methods for consumers to solicit marketing to consumers. Prohibit that. And

(III) Consumers are not opt ​​-in.

(2) An example consumer has a securities trading account on a broker dealer. The broker provides consumer qualified information to affiliated investment advisors. Based on this qualitative information, the investment advisory company wants consumers to solicit marketing for on e-time advisory accounts. Investment advisors have no consumers and have no existing business relationships, and other exceptions are not applied. The investment advisory company has the opportunity to notify consumers and op t-out, and use the qualification information obtained from the intermediary affiliated company unless consumers op t-out, to marketing the consumer's firs t-time advisory account. Solicings are prohibited.

(3) Related companies that can provide notifications. The notification required by this section must be provided:

(i) A related company that had existing trading relationships with consumers or had previously had. lingering

(II) In the case of joint notification by two or more members of related company groups. However, it is limited to at least one of the subsidiaries of the joint news that has existing trading relationships with consumers.

(b) Marketing solicitation- (1) Generally. In this section, marketing solicitation shall be performed in the following cases:

(II) Use this qualification information to perform the following or more:

(A) Identify the type of consumer or consumer who is soliciting marketing.

(B) Set a standard for selecting consumers who are soliciting marketing.

(C) Determine your product or service to the consumer, or adjust the marketing solicitation to that consumer. And

(iii) The use of the credential results in the provision of marketing communications to consumers.

(2) Receipt of eligibility information from affiliates, including shared databases. Affiliates may receive eligibility information from affiliates in a variety of ways, including by placing the information in a common database accessible to affiliates.

(3) Receipt or use of credential information from service providers. Except as provided in this subsection (b)(5), you receive or use an affiliate's credential if a service provider acting on your behalf, whether an affiliate or an unaffiliated third party, receives or uses that information in the manner described in this subsection (b)(1)(i) or (b)(1)(ii). All relevant facts and circumstances will determine whether a person is acting as your service provider if they receive or use affiliate credential information in connection with the marketing of your products and services.

(4) Use of an affiliate's own credential. Except for the use of credentials received from an affiliate in the manner described in subsection (b)(1)(ii) of this section, an affiliate may not engage in solicitation marketing subject to this section if it:

(i) Uses unique credentials obtained in connection with an existing business relationship that already exists or has existed with the consumer to market your products or services to the affiliate's consumer; ή

(ii) Directs a service provider to use the affiliate's qualification information obtained in connection with an existing business relationship with the consumer to market your products or services to the consumer, and you do not directly communicate with the service provider about this use.

(5) Use of credentials by service provider - (i) In general. A service provider (including an affiliate or third-party service provider that maintains a shared database accessible to or has access to a shared database) does not engage in solicitation under this section when it receives from an affiliate a credential obtained in connection with an existing business relationship with the consumer and uses the credential to market its own products or services to the affiliate's consumer if: (iii) The use of the credential results in the provision of marketing communications to the consumer.

(2) Receiving qualification information from an affiliate, including a shared database. An affiliate may receive qualification information from an affiliate in a variety of ways, including by placing the information in a common database accessible to the affiliate.

(3) Receiving or using qualification information from a service provider. Except as provided in this subsection (b)(5), you receive or use a credential of an affiliate if a service provider (whether an affiliate or an unaffiliated third party) acting on your behalf receives or uses that information in the manner described in this subsection (b)(1)(i) or (b)(1)(ii). All relevant facts and circumstances determine whether a person is acting as a service provider to your company if he or she receives or uses affiliate credentials in connection with the marketing of your company's products and services.

(4) Use of Affiliate's Own Credentials. Except for the use of credentials received from an Affiliate in the manner described in subsection (b)(1)(ii) of this section, an Affiliate may not engage in solicitation marketing subject to this section if it:

(i) Uses its own credentials obtained in connection with an existing business relationship that it already has or has had with a consumer to market your company's products or services to the Affiliate's consumer; ή

(ii) Directs a service provider to use the Affiliate's qualification information obtained in connection with an existing business relationship with a consumer to market your company's products or services to the consumer, and you do not directly communicate with the service provider about this use.

(5) Use of Credentials by Service Providers - (i) In General. A service provider (including an affiliate or third-party service provider that maintains a shared database accessible to the consumer or has access to a shared database) does not engage in solicitation under this section when it receives from an affiliate a credential obtained in connection with an existing business relationship with the consumer and uses the credential to market its own products or services to the affiliate's consumer if: (iii) the use of the credential results in the provision of marketing communications to the consumer.

(2) Receiving qualification information from an affiliate, including a shared database. An affiliate may receive qualification information from an affiliate in a variety of ways, including by placing the information in a common database accessible to the affiliate.

(3) Receiving or using credential information from a service provider. Except as provided in this subsection (b)(5), you receive or use a credential information of an affiliate if a service provider (whether an affiliate or an unaffiliated third party) acting on your behalf receives or uses that information in the manner described in this subsection (b)(1)(i) or (b)(1)(ii). All relevant facts and circumstances determine whether a person is acting as a service provider to your company if he or she receives or uses affiliate credentials in connection with the marketing of your company's products and services.

(4) Use of Affiliate's Own Credentials. Except for the use of credentials received from an Affiliate in the manner described in subsection (b)(1)(ii) of this section, an Affiliate may not engage in solicitation marketing subject to this section if it:

(i) Uses its own credentials obtained in connection with an existing business relationship that it already has or has had with a consumer to market your company's products or services to the Affiliate's consumer; ή

(ii) Directs a service provider to use the Affiliate's qualification information obtained in connection with an existing business relationship with a consumer to market your company's products or services to the consumer, and you do not directly communicate with the service provider about this use.

(5) Use of Credentials by Service Providers - (i) In General. A service provider (including an affiliate or third-party service provider that maintains or has access to a shared database accessible to consumers) does not engage in sales solicitation under this section when it receives credentials from an affiliate that were obtained in connection with an existing business relationship with the consumer and uses the credentials to market its own products or services to the affiliate's consumers if:

(A) Your affiliate manages access and use of affiliate qualifications by service providers (the right to determine specific conditions that can use the information to sell your product or service. Including).

(B) Affiliates determine (b) Service providers to access and use affiliate's qualitative information to sell affiliate products and services (or affiliate in general) to affiliate consumers. Affiliates, which may sell products or services to affiliate consumers, etc.).