13-37-102. Definitions.
As used in this chapter:
(1) "Affiliate" means a person that controls, is controlled by, or is under common control with: a commercial entity; and directly; or indirectly through one or more intermediaries.
(2) Subject to Subsection, "commercial entity" means a person that: (2)(b) maintains a physical office in the state; and in the ordinary course transacts business at the physical office with consumers located in the state. "Commercial entity" does not include: a governmental entity; or 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) "Consumer transaction" means: a sale, lease, assignment, award by chance, or other written or oral transfer or disposition: that is initiated or completed in this state; and of: goods; services; or other tangible or intangible property, except securities and insurance or services related thereto; or a transaction: that is initiated or completed in this state; and that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes. "Consumer transaction" includes: 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 with respect to any transaction described in Subsection: (4)(a) an offer or solicitation; an agreement; the performance of an agreement; or a charitable solicitation as defined in Section. 13-11-3 "Consumer transaction" does not include a transaction related to real property.
(5) "Nonpublic personal information" means information that: is not public information; and either alone or in conjunction with public information, identifies a person in distinction from other persons. "Nonpublic personal information" includes: a person's Social Security number; information used to determine a person's credit worthiness including a person's: income; or employment history; the purchasing patterns of a person; or the personal preferences of a person.
(6) "Physical office" means a location: accessible to the public during normal business hours; staffed by one or more individuals who conduct business on behalf of the commercial entity; and used for the primary purpose of transacting business with consumers in the state. "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: name; telephone number; or street address.
(8) Subject to Subsection (8)(b), "third party" means a person other than the commercial entity that obtains nonpublic personal information. "Third party" does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.