[§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 cardholder’s 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]