§487D-1 Definitions. For purposes of this chapter:
"Cardholder" means any consumer to whom a retail merchant club card is issued, and may include all persons holding the club card under the same account.
"Cardholder information" means the cardholder's name, mailing address, electronic mail address, and any unique membership identifiers assigned by the club card issuer to the cardholder for purposes of targeting marketing activities.
"Club card" means any card or device used for the purpose of obtaining access to purchase retail products through membership, for price discounts, or to receive other no-cost benefits provided by the retail merchant. A "club card" is not a credit card, charge card, or check cashing card.
"Club card issuer" means a retail merchant that provides club cards to consumers, and includes a contract information services provider of the retail merchant.
"Marketing purposes" means the categorization of cardholders based on the cardholders shopping patterns, spending history, or behavioral characteristics derived from account activity that is provided to an unaffiliated third party for consideration.
"Personal information" means information associated with an actual person that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, a taxpayer identification number, health insurance identification number, date of birth, a personal identification number (PIN), a government passport number, credit card number, or any other name, number, or code that is used to access personal financial information about the actual person.
"Retail merchant" means any retailer that sells food, products, or merchandise.
"Unaffiliated third party" means a business that is not under the corporate control or common ownership of the club card issuer or is not a contract information services provider of the retail merchant. [L 2004, c 92, pt of §2]
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