You may or may not have a joint marketing agreement with a financial company. 12 CFR 1016.13 governs the joint marketing agreement exception. The definition of a financial company in Regulation P, 12 CFR 1016.3 references 12 USC 1843(k) (see section 4https://www.law.cornell.edu/uscode/text/12/1843). Most of the time the relationship you described does qualify as a financial company. But make sure your third party provider doesn’t meet the definition of what is “not” a financial company under 12 CFR 216.3(l). Also take a look at https://www.federalreserve.gov/regulations/cg/faq.pdf, specifically Q&A J1, J4 and J5. They tell you exactly what you need to ensure you have a joint marketing agreement. I recommend you summarize what type of joint marketing agreement you have in your privacy policy. For example, “we have a joint marketing agreement to market and provide you with investment and insurance products” – take a look at 12 CFR 1016(c)(4)(ii) for what should be included in your privacy policy.
