CA Educ Code § 89090 (2021)
2021 California Code|Education Code - EDC|TITLE 3 - POSTSECONDARY EDUCATION|DIVISION 8 - CALIFORNIA STATE UNIVERSITY|PART 55 - CALIFORNIA STATE UNIVERSITY|CHAPTER 1 - General Provisions|ARTICLE 5 - Alumni|Section 89090.

89090.  (a) The trustees, alumni associations, and auxiliary organizations may distribute the names, addresses, and email addresses of alumni of the California State University to a business as described in subdivision (b), in order to accomplish any or all of the following:(1) To provide those persons with informational materials relating to the university and its programs and activities.(2) To provide those persons, the trustees, the alumni associations, and the auxiliary organizations with commercial opportunities that provide a benefit to those persons, or to the trustees, alumni associations, or auxiliary organizations.(3) To promote and support the educational mission of the university, the trustees, the alumni associations, or the auxiliary organizations.(b) The disclosures authorized in subdivision (a) shall be permitted only if all of the following requirements are met:(1) (A) The trustees, the alumni associations, or the auxiliary organizations have a written agreement with a business, as defined in subdivision (a) of Section 1798.80 of the Civil Code, that maintains control over this data that requires the business to maintain the confidentiality of the names, addresses, and email addresses of the alumni, that requires that the California State University retain the right to approve or reject any purpose for which the private information is to be used by the business, and to review and approve the text of mailings sent to alumni pursuant to this section, and that prohibits the business from using the information for purposes other than those described in subdivision (a). The text of a mailing intended to be sent to alumni pursuant to this section shall not be approved by the trustees, the affected alumni association, or the affected auxiliary organization unless and until the mailing conspicuously identifies the university, the alumni association, or the auxiliary organization as associated with the business described in the mailing.(B) If an affinity partner, as defined in Section 4054.6 of the Financial Code, sends any message to an email address obtained pursuant to this section, that message shall include at least both of the following:(i) The identity of the sender of the message.(ii) A cost-free means for the recipient to notify the sender not to electronically transmit any further message to the recipient.(2) The trustees, an alumni association, or an auxiliary organization shall not disclose to, or share alumni nonpublic personal information with, a business, as defined in paragraph (1), unless the institution, association, or organization has clearly and conspicuously notified the alumnus, pursuant to subdivision (c), that the nonpublic personal information may be disclosed to the business and that the alumnus has not directed that the nonpublic personal information not be disclosed.(3) The disclosure of alumni names, addresses, and email addresses does not include the names, addresses, and email addresses of alumni who, pursuant to subdivision (c) or in another manner, have directed the trustees, an alumni association, or an auxiliary organization not to disclose their names, addresses, or email addresses.(4) Information regarding either of the following is not disclosed:(A) The current students of the California State University.(B) An alumnus who, as a student at a campus of the California State University, indicated that, pursuant to the federal Family Educational Rights and Privacy Act (Public Law 93-380), he or she did not wish his or her name, address, and email address to be disclosed.(c) (1) The trustees, the affected alumni association, or the affected auxiliary organization shall satisfy the notice requirements of subdivision (b) if it uses the form set forth in paragraph (2). The form set forth in this subdivision or a form that complies with subparagraphs (A) to (J), inclusive, shall be provided by the trustees, the alumni association, or the auxiliary organization to the alumnus as required in this subdivision, and shall describe the nature of the information the alumnus would receive should the alumnus choose not to opt out, so that the alumnus may make a decision and provide direction to the trustees, the alumni association, or the auxiliary organization regarding the sharing of his or her name, address, and email address:(A) The form uses the title “IMPORTANT PRIVACY CHOICE” and the header, if applicable, as follows: “Restrict Information Sharing With Affinity Partners.”(B) The titles and headers in the form are clearly and conspicuously displayed, and no text in the form is smaller than 10-point type.(C) The form may be provided as a separate document, incorporated into another communication piece intended for the target audience, or provided through a link to the form located on the Internet Web site of the trustees, the affected alumni association, or the affected auxiliary organization. If the form is provided through a link to an Internet Web page, it shall be accompanied by the title “IMPORTANT PRIVACY CHOICE” and a clear and concise description of the choice that can be made by accessing the form. This requirement may be met by using text materially similar to the first paragraph of the form set forth in paragraph (2).(D) The choice or choices provided in the form are stated separately, and may be selected by checking a box.(E) The form is designed to call attention to the nature and significance of the information in the document.(F) The form presents information in clear and concise sentences, paragraphs, and sections.(G) The form uses short explanatory sentences of an average of 15 to 20 words, or bullet lists whenever possible.(H) The form avoids multiple negatives, legal terminology, and highly technical terminology whenever possible.(I) The form avoids explanations that are imprecise and readily subject to different interpretations.(J) The form is not more than one page.(2) The form reads as follows:IMPORTANT PRIVACY CHOICEYou have the right to control whether we share your name, address, and email address with our affinity partners (companies that we partner with to offer products or services to our alumni). Please read the following information carefully before you make your choice below:Your RightsYou have the following rights to restrict the sharing of your name, address, and email address with our affinity partners. This form does not prohibit us from sharing your information when we are required to do so by law. This includes sending you information about the alumni association, the university, or other products or services.Your ChoiceRestrict Information Sharing With Affinity Partners:Unless you say “NO,” we may share your name, address, and email address with our affinity partners. Our affinity partners may send you offers to purchase various products or services that we may have agreed they can offer in partnership with us.( ) NO, please do not share my name, address, and email address with your affinity partners.Time Sensitive ReplyYou may decide at any time that you do not want us to share your information with our affinity partners. Your choice marked here will remain unless you state otherwise. However, if we do not hear from you, we may share your name, address, and email address with our affinity partners.If you decide that you do not want to receive information from our partners, you may do one of the following:(1) Call this toll-free telephone number: (xxx-xxx-xxxx).(2) Reply electronically by contacting us through the following Internet option: xxxxxxxxxxxx.com.(3) Fill out, sign, and send back this form to us at the following address (you may want to make a copy for your records).XxxxxxxxxxxxxxxxxXxxxxxxxxxxxxxxxxXxxxxxxxxxxxxxxxxName:Address:Signature:(3) (A) The trustees, the affected alumni association, or the affected auxiliary organization shall not be in violation of this subdivision solely because they include in the form one or more brief examples or explanations of the purpose or purposes for which, or the context within which, names, addresses, and email addresses will be shared, as long as those examples meet the clarity and readability standards set forth in paragraph (1).(B) (i) The solicitation to students, upon their graduation, from the trustees or the alumni association, encouraging students to join the alumni association or to avail themselves of the services or benefits of the association, shall include the form.(ii) The alumni association magazine or newsletter, or both, shall include the form on an annual or more frequent basis.(iii) The Internet Web site for the alumni association shall include a link to the form, which shall be located on either the homepage of the association’s Internet Web site or in the association’s privacy policy.(iv) A one-time mailing to all alumni on the university mailing list as of January 1, 2006, shall include the form.(v) An annual electronic communication to those alumni for whom email addresses are available shall include the form.(4) The trustees, the affected alumni associations, or the affected auxiliary organizations shall provide at least two alternative cost-free means for alumni to communicate their privacy choices, such as calling a toll-free telephone number or using electronic means. The trustees, the alumni association, or the auxiliary organization shall clearly and conspicuously disclose in the form required by this subdivision the information necessary to direct the alumnus on how to communicate his or her choice, including the toll-free telephone or facsimile number or Internet Web site address that may be used, if those means of communication are offered.(5) (A) An alumnus may direct at any time that his or her name, address, and email address not be disclosed. The trustees, the affected alumni association, or the affected auxiliary organization shall comply with the direction of an alumnus concerning the sharing of his or her name, address, and email address within 45 days of receipt by the trustees, the alumni association, or the auxiliary organization. When an alumnus directs that his or her name, address, and email address not be disclosed, that direction is in effect until otherwise stated by the alumnus.(B) This subdivision does not prohibit the disclosure of the name, address, and email address of an alumnus as allowed by other applicable state laws.(6) The trustees, or the affected alumni association or the affected auxiliary organization, may provide a joint notice from the trustees or from one or more alumni associations, as identified in the notice, so long as the notice is accurate with respect to the trustees and the alumni association or associations or auxiliary organization or organizations participating in the joint notice.(d) As used in this section, “auxiliary organization” has the same meaning as set forth in Section 89901.(e) This section shall not be construed to authorize the release of any social security numbers.(Amended by Stats. 2016, Ch. 86, Sec. 76. (SB 1171) Effective January 1, 2017.)