Bill Text: CA AB1291 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Privacy: Right to Know Act of 2013: disclosure of a customer's personal information.

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1291 Detail]

Download: California-2013-AB1291-Introduced.html
BILL NUMBER: AB 1291	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 22, 2013

   An act to repeal and add Section 1798.83 to the Civil Code,
relating to privacy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1291, as introduced, Lowenthal. Privacy: disclosure of a
customer's personal information.
   (1) Existing law requires a business to ensure the privacy of a
customer's personal information, as defined, contained in records by
destroying, or arranging for the destruction of, the records, as
specified. Any customer injured by a business' violation of these
provisions is entitled to recover damages, obtain injunctive relief,
or seek other remedies.
   This bill would repeal and reorganize certain provisions of
existing law.
    (2) Existing law also requires a business that collects customer
information for marketing purposes and that discloses a customer's
personal information to a 3rd party for direct marketing purposes, to
provide the customer with whom it had a business relationship, as
defined, within 30 days after the customer's request, as specified,
in writing or by e-mail, the names and addresses of the recipients of
that information and specified details regarding the information
disclosed, except as specified. Existing law requires a business
subject to these provisions to provide an address, electronic
address, or toll-free telephone or facsimile number that a customer
may use to deliver requests for copies of his or her personal
information.
   This bill would instead require any business that has a customer's
personal information, as defined, to provide at no charge, within 30
days of the customer's specified request, a copy of that information
to the customer as well as the names and contact information for all
3rd parties with which the business has shared the information
during the previous 12 months, regardless of any business
relationship with the customer. This bill would require that a
business subject to these provisions choose one of several specified
options to provide the customer with a designated address for use in
making a request for copies of information under these provisions.
   (3) Existing law also requires a business that is required to
comply with these provisions to provide information to customers
regarding its privacy policy and to provide a designated means of
preventing disclosure of personal information.
    This bill would require a business that is required to comply
with these provisions to provide specified notice to the customer of
its privacy policies.
   (4) Existing law provides that a customer who sustains injury as a
result of a violation of these provisions is entitled to specified
remedies, including civil penalties.
   This bill would also provide that a violation of these provisions
is deemed to constitute an injury to the customer for purposes of
seeking remedies available under law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1798.83 of the Civil Code is repealed. 

   1798.83.  (a) Except as otherwise provided in subdivision (d), if
a business has an established business relationship with a customer
and has within the immediately preceding calendar year disclosed
personal information that corresponds to any of the categories of
personal information set forth in paragraph (6) of subdivision (e) to
third parties, and if the business knows or reasonably should know
that the third parties used the personal information for the third
parties' direct marketing purposes, that business shall, after the
receipt of a written or electronic mail request, or, if the business
chooses to receive requests by toll-free telephone or facsimile
numbers, a telephone or facsimile request from the customer, provide
all of the following information to the customer free of charge:
   (1) In writing or by electronic mail, a list of the categories set
forth in paragraph (6) of subdivision (e) that correspond to the
personal information disclosed by the business to third parties for
the third parties' direct marketing purposes during the immediately
preceding calendar year.
   (2) In writing or by electronic mail, the names and addresses of
all of the third parties that received personal information from the
business for the third parties' direct marketing purposes during the
preceding calendar year and, if the nature of the third parties'
business cannot reasonably be determined from the third parties'
name, examples of the products or services marketed, if known to the
business, sufficient to give the customer a reasonable indication of
the nature of the third parties' business.
   (b) (1) A business required to comply with this section shall
designate a mailing address, electronic mail address, or, if the
business chooses to receive requests by telephone or facsimile, a
toll-free telephone or facsimile number, to which customers may
deliver requests pursuant to subdivision (a). A business required to
comply with this section shall, at its election, do at least one of
the following:
   (A) Notify all agents and managers who directly supervise
employees who regularly have contact with customers of the designated
addresses or numbers or the means to obtain those addresses or
numbers and instruct those employees that customers who inquire about
the business's privacy practices or the business's compliance with
this section shall be informed of the designated addresses or numbers
or the means to obtain the addresses or numbers.
   (B) Add to the home page of its Web site a link either to a page
titled "Your Privacy Rights" or add the words "Your Privacy Rights"
to the home page's link to the business's privacy policy. If the
business elects to add the words "Your Privacy Rights" to the link to
the business's privacy policy, the words "Your Privacy Rights" shall
be in the same style and size as the link to the business's privacy
policy. If the business does not display a link to its privacy policy
on the home page of its Web site, or does not have a privacy policy,
the words "Your Privacy Rights" shall be written in larger type than
the surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks that call attention
to the language. The first page of the link shall describe a customer'
s rights pursuant to this section and shall provide the designated
mailing address, e-mail address, as required, or toll-free telephone
number or facsimile number, as appropriate. If the business elects to
add the words "Your California Privacy Rights" to the home page's
link to the business's privacy policy in a manner that complies with
this subdivision, and the first page of the link describes a customer'
s rights pursuant to this section, and provides the designated
mailing address, electronic mailing address, as required, or
toll-free telephone or facsimile number, as appropriate, the business
need not respond to requests that are not received at one of the
designated addresses or numbers.
   (C) Make the designated addresses or numbers, or means to obtain
the designated addresses or numbers, readily available upon request
of a customer at every place of business in California where the
business or its agents regularly have contact with customers.
   The response to a request pursuant to this section received at one
of the designated addresses or numbers shall be provided within 30
days. Requests received by the business at other than one of the
designated addresses or numbers shall be provided within a reasonable
period, in light of the circumstances related to how the request was
received, but not to exceed 150 days from the date received.
   (2) A business that is required to comply with this section and
Section 6803 of Title 15 of the United States Code may comply with
this section by providing the customer the disclosure required by
Section 6803 of Title 15 of the United States Code, but only if the
disclosure also complies with this section.
   (3) A business that is required to comply with this section is not
obligated to provide information associated with specific
individuals and may provide the information required by this section
in standardized format.
   (c) (1) A business that is required to comply with this section is
not obligated to do so in response to a request from a customer more
than once during the course of any calendar year. A business with
fewer than 20 full-time or part-time employees is exempt from the
requirements of this section.
   (2) If a business that is required to comply with this section
adopts and discloses to the public, in its privacy policy, a policy
of not disclosing personal information of customers to third parties
for the third parties' direct marketing purposes unless the customer
first affirmatively agrees to that disclosure, or of not disclosing
the personal information of customers to third parties for the third
parties' direct marketing purposes if the customer has exercised an
option that prevents that information from being disclosed to third
parties for those purposes, as long as the business maintains and
discloses the policies, the business may comply with subdivision (a)
by notifying the customer of his or her right to prevent disclosure
of personal information, and providing the customer with a cost-free
means to exercise that right.
   (d) The following are among the disclosures not deemed to be
disclosures of personal information by a business for a third party's
direct marketing purposes for purposes of this section:
   (1) Disclosures between a business and a third party pursuant to
contracts or arrangements pertaining to any of the following:
   (A) The processing, storage, management, or organization of
personal information, or the performance of services on behalf of the
business during which personal information is disclosed, if the
third party that processes, stores, manages, or organizes the
personal information does not use the information for a third party's
direct marketing purposes and does not disclose the information to
additional third parties for their direct marketing purposes.
   (B) Marketing products or services to customers with whom the
business has an established business relationship where, as a part of
the marketing, the business does not disclose personal information
to third parties for the third parties' direct marketing purposes.
   (C) Maintaining or servicing accounts, including credit accounts
and disclosures pertaining to the denial of applications for credit
or the status of applications for credit and processing bills or
insurance claims for payment.
   (D) Public record information relating to the right, title, or
interest in real property or information relating to property
characteristics, as defined in Section 408.3 of the Revenue and
Taxation Code, obtained from a governmental agency or entity or from
a multiple listing service, as defined in Section 1087, and not
provided directly by the customer to a business in the course of an
established business relationship.
   (E) Jointly offering a product or service pursuant to a written
agreement with the third party that receives the personal
information, provided that all of the following requirements are met:

   (i) The product or service offered is a product or service of, and
is provided by, at least one of the businesses that is a party to
the written agreement.
   (ii) The product or service is jointly offered, endorsed, or
sponsored by, and clearly and conspicuously identifies for the
customer, the businesses that disclose and receive the disclosed
personal information.
   (iii) The written agreement provides that the third party that
receives the personal information is required to maintain the
confidentiality of the information and is prohibited from disclosing
or using the information other than to carry out the joint offering
or servicing of a product or service that is the subject of the
written agreement.
   (2) Disclosures to or from a consumer reporting agency of a
customer's payment history or other information pertaining to
transactions or experiences between the business and a customer if
that information is to be reported in, or used to generate, a
consumer report as defined in subdivision (d) of Section 1681a of
Title 15 of the United States Code, and use of that information is
limited by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681
et seq.).
   (3) Disclosures of personal information by a business to a third
party financial institution solely for the purpose of the business
obtaining payment for a transaction in which the customer paid the
business for goods or services with a check, credit card, charge
card, or debit card, if the customer seeks the information required
by subdivision (a) from the business obtaining payment, whether or
not the business obtaining payment knows or reasonably should know
that the third party financial institution has used the personal
information for its direct marketing purposes.
   (4) Disclosures of personal information between a licensed agent
and its principal, if the personal information disclosed is necessary
to complete, effectuate, administer, or enforce transactions between
the principal and the agent, whether or not the licensed agent or
principal also uses the personal information for direct marketing
purposes, if that personal information is used by each of them solely
to market products and services directly to customers with whom both
have established business relationships as a result of the principal
and agent relationship.
   (5) Disclosures of personal information between a financial
institution and a business that has a private label credit card,
affinity card, retail installment contract, or cobranded card program
with the financial institution, if the personal information
disclosed is necessary for the financial institution to maintain or
service accounts on behalf of the business with which it has a
private label credit card, affinity card, retail installment
contract, or cobranded card program, or to complete, effectuate,
administer, or enforce customer transactions or transactions between
the institution and the business, whether or not the institution or
the business also uses the personal information for direct marketing
purposes, if that personal information is used solely to market
products and services directly to customers with whom both the
business and the financial institution have established business
relationships as a result of the private label credit card, affinity
card, retail installment contract, or cobranded card program.
   (e) For purposes of this section, the following terms have the
following meanings:
   (1) "Customer" means an individual who is a resident of California
who provides personal information to a business during the creation
of, or throughout the duration of, an established business
relationship if the business relationship is primarily for personal,
family, or household purposes.
   (2) "Direct marketing purposes" means the use of personal
information to solicit or induce a purchase, rental, lease, or
exchange of products, goods, property, or services directly to
individuals by means of the mail, telephone, or electronic mail for
their personal, family, or household purposes. The sale, rental,
exchange, or lease of personal information for consideration to
businesses is a direct marketing purpose of the business that sells,
rents, exchanges, or obtains consideration for the personal
information. "Direct marketing purposes" does not include the use of
personal information (A) by bona fide tax exempt charitable or
religious organizations to solicit charitable contributions, (B) to
raise funds from and communicate with individuals regarding politics
and government, (C) by a third party when the third party receives
personal information solely as a consequence of having obtained for
consideration permanent ownership of accounts that might contain
personal information, or (D) by a third party when the third party
receives personal information solely as a consequence of a single
transaction where, as a part of the transaction, personal information
had to be disclosed in order to effectuate the transaction.
   (3) "Disclose" means to disclose, release, transfer, disseminate,
or otherwise communicate orally, in writing, or by electronic or any
other means to any third party.
   (4) "Employees who regularly have contact with customers" means
employees whose contact with customers is not incidental to their
primary employment duties, and whose duties do not predominantly
involve ensuring the safety or health of the business's customers. It
includes, but is not limited to, employees whose primary employment
duties are as cashier, clerk, customer service, sales, or promotion.
It does not, by way of example, include employees whose primary
employment duties consist of food or beverage preparation or service,
maintenance and repair of the business's facilities or equipment,
direct involvement in the operation of a motor vehicle, aircraft,
watercraft, amusement ride, heavy machinery or similar equipment,
security, or participation in a theatrical, literary, musical,
artistic, or athletic performance or contest.
   (5) "Established business relationship" means a relationship
formed by a voluntary, two-way communication between a business and a
customer, with or without an exchange of consideration, for the
purpose of purchasing, renting, or leasing real or personal property,
or any interest therein, or obtaining a product or service from the
business, if the relationship is ongoing and has not been expressly
terminated by the business or the customer, or if the relationship is
not ongoing, but is solely established by the purchase, rental, or
lease of real or personal property from a business, or the purchase
of a product or service, and no more than 18 months have elapsed from
the date of the purchase, rental, or lease.
   (6) (A) The categories of personal information required to be
disclosed pursuant to paragraph (1) of subdivision (a) are all of the
following:
   (i) Name and address.
   (ii) Electronic mail address.
   (iii) Age or date of birth.
   (iv) Names of children.
   (v) Electronic mail or other addresses of children.
   (vi) Number of children.
   (vii) The age or gender of children.
   (viii) Height.
   (ix) Weight.
   (x) Race.
   (xi) Religion.
   (xii) Occupation.
   (xiii) Telephone number.
   (xiv) Education.
   (xv) Political party affiliation.
   (xvi) Medical condition.
   (xvii) Drugs, therapies, or medical products or equipment used.
   (xviii) The kind of product the customer purchased, leased, or
rented.
   (xix) Real property purchased, leased, or rented.
   (xx) The kind of service provided.
   (xxi) Social security number.
   (xxii) Bank account number.
   (xxiii) Credit card number.
   (xxiv) Debit card number.
   (xxv) Bank or investment account, debit card, or credit card
balance.
   (xxvi) Payment history.
   (xxvii) Information pertaining to the customer's creditworthiness,
assets, income, or liabilities.
   (B) If a list, description, or grouping of customer names or
addresses is derived using any of these categories, and is disclosed
to a third party for direct marketing purposes in a manner that
permits the third party to identify, determine, or extrapolate any
other personal information from which the list was derived, and that
personal information when it was disclosed identified, described, or
was associated with an individual, the categories set forth in this
subdivision that correspond to the personal information used to
derive the list, description, or grouping shall be considered
personal information for purposes of this section.
   (7) "Personal information" as used in this section means any
information that when it was disclosed identified, described, or was
able to be associated with an individual and includes all of the
following:
   (A) An individual's name and address.
   (B) Electronic mail address.
   (C) Age or date of birth.
   (D) Names of children.
   (E) Electronic mail or other addresses of children.
   (F) Number of children.
   (G) The age or gender of children.
   (H) Height.
   (I) Weight.
   (J) Race.
   (K) Religion.
   (L) Occupation.
   (M) Telephone number.
   (N) Education.
   (O) Political party affiliation.
   (P) Medical condition.
   (Q) Drugs, therapies, or medical products or equipment used.
   (R) The kind of product the customer purchased, leased, or rented.

   (S) Real property purchased, leased, or rented.
   (T) The kind of service provided.
   (U) Social security number.
   (V) Bank account number.
   (W) Credit card number.
   (X) Debit card number.
   (Y) Bank or investment account, debit card, or credit card
balance.
   (Z) Payment history.
   (AA) Information pertaining to creditworthiness, assets, income,
or liabilities.
   (8) "Third party" or "third parties" means one or more of the
following:
   (A) A business that is a separate legal entity from the business
that has an established business relationship with a customer.
   (B) A business that has access to a database that is shared among
businesses, if the business is authorized to use the database for
direct marketing purposes, unless the use of the database is exempt
from being considered a disclosure for direct marketing purposes
pursuant to subdivision (d).
   (C) A business not affiliated by a common ownership or common
corporate control with the business required to comply with
subdivision (a).
   (f) (1) Disclosures of personal information for direct marketing
purposes between affiliated third parties that share the same brand
name are exempt from the requirements of paragraph (1) of subdivision
(a) unless the personal information disclosed corresponds to one of
the following categories, in which case the customer shall be
informed of those categories listed in this subdivision that
correspond to the categories of personal information disclosed for
direct marketing purposes and the third party recipients of personal
information disclosed for direct marketing purposes pursuant to
paragraph (2) of subdivision (a):
   (A) Number of children.
   (B) The age or gender of children.
   (C) Electronic mail or other addresses of children.
   (D) Height.
   (E) Weight.
   (F) Race.
   (G) Religion.
   (H) Telephone number.
   (I) Medical condition.
   (J) Drugs, therapies, or medical products or equipment used.
   (K) Social security number.
   (L) Bank account number.
   (M) Credit card number.
   (N) Debit card number.
   (O) Bank or investment account, debit card, or credit card
balance.
   (2) If a list, description, or grouping of customer names or
addresses is derived using any of these categories, and is disclosed
to a third party or third parties sharing the same brand name for
direct marketing purposes in a manner that permits the third party to
identify, determine, or extrapolate the personal information from
which the list was derived, and that personal information when it was
disclosed identified, described, or was associated with an
individual, any other personal information that corresponds to the
categories set forth in this subdivision used to derive the list,
description, or grouping shall be considered personal information for
purposes of this section.
   (3) If a business discloses personal information for direct
marketing purposes to affiliated third parties that share the same
brand name, the business that discloses personal information for
direct marketing purposes between affiliated third parties that share
the same brand name may comply with the requirements of paragraph
(2) of subdivision (a) by providing the overall number of affiliated
companies that share the same brand name.
   (g) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
   (h) This section does not apply to a financial institution that is
subject to the California Financial Information Privacy Act
(Division 1.2 (commencing with Section 4050) of the Financial Code)
if the financial institution is in compliance with Sections 4052,
4052.5, 4053, 4053.5, and 4054.6 of the Financial Code, as those
sections read when they were chaptered on August 28, 2003, and as
subsequently amended by the Legislature or by initiative.
   (i) This section shall become operative on January 1, 2005.

  SEC. 2.  Section 1798.83 is added to the Civil Code, to read:
   1798.83.  (a) (1) A business that has a customer's personal
information shall make available to the customer free of charge
access to, or copies of, all of the customer's personal information
held by the business.
   (2) A business that has a customer's personal information and
discloses that personal information to a third party shall make the
following information available to the customer free of charge:
   (A) All personal information that was disclosed, including the
categories set forth in paragraph (1) of subdivision (e).
   (B) The names and contact information of all of the third parties
that received personal information from the business, including the
third party's designated request address or addresses if available.
   (b) A business required to comply with subdivision (a) shall make
the required information available by one or more of the following
means:
   (1) By providing a designated request address and, upon receipt of
a request under this section to the designated request address,
providing the customer within 30 days the required information for
all disclosures occurring in the prior 12 months, provided that:
   (A) If the business has an online privacy policy, that policy
includes a description of a customer's rights pursuant to this
section accompanied by one or more designated request addresses. A
business with multiple online privacy policies must include a
description in the policy of each product or service that collects
personal information that may be disclosed to a third party.
   (B) The business ensures that all persons responsible for handling
customer inquiries about the business' privacy practices or the
business' compliance with this section are informed of all
                                  designated request addresses.
   (C) The business provides information pertaining to the specific
customer if that information is reasonably available to the business,
and provides information in standardized format if information
pertaining to the specific customer is not reasonably available.
   (2) For information required to be provided by paragraph (2) of
subdivision (a), by providing the customer with notice including the
required information prior to or immediately following a disclosure.
   (3) By providing the customer the disclosure required by Section
6803 of Title 15 of the United States Code, but only if the
disclosure also complies with this section.
   (c) A business is not obligated to provide more than one notice
under paragraph (2) of subdivision (b) to the same customer in a
12-month period about the disclosure of the same personal information
to the same third party and is not obligated under paragraph (1) of
subdivision (b) to respond to a request by the same customer more
than once within a given 12-month period.
   (d) A violation of this section by a business subject to these
provisions is deemed to constitute an injury to a customer.
   (e) For purposes of this section, the following terms have the
following meanings:
   (1) "Categories of personal information" includes, but is not
limited to, the following:
   (A) Identity information including, but not limited to, real name,
alias, nickname, and user name.
   (B) Address information, including, but not limited to, postal
address or e-mail.
   (C) Telephone number.
   (D) Account name.
   (E) Social security number or other government-issued
identification number, including, but not limited to, social security
number, driver's license number, identification card number, and
passport number.
   (F) Birthdate or age.
   (G) Physical characteristic information, including, but not
limited to, height and weight.
   (H) Sexual information, including, but not limited to, sexual
orientation, sex, gender status, gender identity, and gender
expression.
   (I) Race or ethnicity.
   (J) Religious affiliation or activity.
   (K) Political affiliation or activity.
   (L) Professional or employment-related information.
   (M) Educational information.
   (N) Medical information, including, but not limited to, medical
conditions or drugs, therapies, mental health, or medical products or
equipment used.
   (O) Financial information, including, but not limited to, credit,
debit, or account numbers, account balances, payment history, or
information related to assets, liabilities, or general
creditworthiness.
   (P) Commercial information, including, but not limited to, records
of property, products or services provided, obtained, or considered,
or other purchasing or consuming histories or tendencies.
   (Q) Location information.
   (R) Internet or mobile activity information, including, but not
limited to, Internet Protocol addresses or information concerning the
access or use of any Internet or mobile-based site or service.
   (S) Content, including text, photographs, audio or video
recordings, or other material generated by or provided by the
customer.
   (T) Any of the above categories of information as they pertain to
the children of the customer.
   (2) (A) "Customer" means an individual who is a resident of
California who provides personal information to a business, with or
without an exchange of consideration, in the course of purchasing,
viewing, accessing, renting, leasing, or otherwise using real or
personal property, or any interest therein, or obtaining a product or
service from the business including advertising or any other
content.
   (B) An individual is also the customer of a business if that
business obtained the personal information of that individual from
any other business.
   (3) "Designated request address" means a mailing address, e-mail
address, Web page, toll-free telephone number, or other applicable
contact information, whereby customers may request or obtain the
information required to be provided under subdivision (a).
   (4) (A) "Disclose" means to disclose, release, share, transfer,
disseminate, make available, or otherwise communicate orally, in
writing, or by electronic or any other means to any third party as
defined in this section.
   (B) "Disclose" does not include:
   (i) Disclosure of personal information by a business to a third
party pursuant to a written contract authorizing the third party to
utilize the personal information to perform services on behalf of the
business, including maintaining or servicing accounts, providing
customer service, processing or fulfilling orders and transactions,
verifying customer information, processing payments, providing
financing, or similar services, but only if (I) the contract
prohibits the third party from using the personal information for any
reason other than performing the specified service(s) on behalf of
the business and from disclosing any such personal information to
additional third parties and (II) the business effectively enforces
these prohibitions.
   (ii) Disclosure of personal information by a business to a third
party based on a good-faith belief that disclosure is required to
comply with applicable law, regulation, legal process, or court
order.
   (iii) Disclosure of personal information by a business to a third
party that is reasonably necessary to address fraud, security, or
technical issues; to protect the disclosing business's rights or
property; or to protect customers or the public from illegal
activities as required or permitted by law.
   (iv) Disclosure of personal information by a business to a third
party that is otherwise lawfully available to the general public,
provided that the business did not direct the third party to the
personal information.
   (5) "Personal information" means:
   (A) Any information that identifies or references a particular
individual or electronic device, including, but not limited to, a
real name, alias, postal address, telephone number, electronic mail
address, Internet Protocol address, account name, social security
number, driver's license number, passport number, or any other
identifier intended or able to be uniquely associated with a
particular individual or device.
   (B) Any information that relates to or describes an individual,
including, but not limited to, any information specifically listed in
subdivision (e) of Section 1798.80 of the Civil Code, and including
inferences or conclusions drawn from other information, if such
information is disclosed in connection with any identifying or
referencing information as defined in subparagraph (A) above.
   (6) "Third party" or "third parties" means one or more of the
following:
   (A) A business that is a separate legal entity from the business
that has disclosed personal information.
   (B) A business that does not share common ownership or common
corporate control with the business that has disclosed personal
information.
   (C) A business that does not share a brand name or common branding
with the business that has disclosed personal information such that
the affiliate relationship is clear to the customer.
   (f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
   
feedback