{"data":{"id":"us-ut/utah-code-13-37-102","jurisdiction":"us-ut","citation":"Utah Code § 13-37-102","heading":"Definitions.","body":"As used in this chapter:\n(1) \"Affiliate\" means a person that controls, is controlled by, or is under common control with:\n(a) a commercial entity; and\n(b)\n(i) directly; or\n(ii) indirectly through one or more intermediaries.\n(2)\n(a) Subject to Subsection (2)(b), \"commercial entity\" means a person that:\n(i) maintains a physical office in the state; and\n(ii) in the ordinary course transacts business at the physical office with consumers located in the state.\n(b) \"Commercial entity\" does not include:\n(i) a governmental entity; or\n(ii) an entity providing services on behalf of a governmental entity.\n(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.\n(4)\n(a) \"Consumer transaction\" means:\n(i) a sale, lease, assignment, award by chance, or other written or oral transfer or disposition:\n(A) that is initiated or completed in this state; and\n(B) of:\n(I) goods;\n(II) services; or\n(III) other tangible or intangible property, except securities and insurance or services related thereto; or\n(ii) a transaction:\n(A) that is initiated or completed in this state; and\n(B) that constitutes credit offered or extended by a commercial entity to a person primarily for personal, family, or household purposes.\n(b) \"Consumer transaction\" includes:\n(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\n(ii) with respect to any transaction described in Subsection (4)(a):\n(A) an offer or solicitation;\n(B) an agreement;\n(C) the performance of an agreement; or\n(D) a charitable solicitation as defined in Section 13-11-3.\n(c) \"Consumer transaction\" does not include a transaction related to real property.\n(5)\n(a) \"Nonpublic personal information\" means information that:\n(i) is not public information; and\n(ii) either alone or in conjunction with public information, identifies a person in distinction from other persons.\n(b) \"Nonpublic personal information\" includes:\n(i) a person's Social Security number;\n(ii) information used to determine a person's credit worthiness including a person's:\n(A) income; or\n(B) employment history;\n(iii) the purchasing patterns of a person; or\n(iv) the personal preferences of a person.\n(6)\n(a) \"Physical office\" means a location:\n(i) accessible to the public during normal business hours;\n(ii) staffed by one or more individuals who conduct business on behalf of the commercial entity; and\n(iii) used for the primary purpose of transacting business with consumers in the state.\n(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.\n(7) \"Public information\" means a person's:\n(a) name;\n(b) telephone number; or\n(c) street address.\n(8)\n(a) Subject to Subsection (8)(b), \"third party\" means a person other than the commercial entity that obtains nonpublic personal information.\n(b) \"Third party\" does not include an affiliate or agent of the commercial entity that obtains nonpublic personal information.","path":["Title 13 Commerce and Trade","Chapter 13-37 Notice of Intent to Sell Nonpublic Personal Information Act","Part 13-37-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter37/13-37-S102.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"9b21f8c3219772b0885d91a58bc631024064e81fefc9f1d2f2d9d434d3a9793c","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-37-101","next":"us-ut/utah-code-13-37-201"},"notice":"GroundRules: Original legal text. Not legal advice."}