(1)–(15) AS USED IN THIS PART 19, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1) "BIOMETRICSBiometrics"Biometrics" has the same meaning as "biometric identifier", as defined in section 6-1-1303, and includes biometric identifiers associated with a worker.C.R.S. § 6-1-1901(1)" HAS THE SAME MEANING AS "BIOMETRIC IDENTIFIER", AS DEFINED IN SECTION 6-1-1303, AND INCLUDES BIOMETRIC IDENTIFIERS ASSOCIATED WITH A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15). (2) "CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2)" HAS THE MEANING SET FORTH IN SECTION 6-1-732 (1)(d). (3) "INDIVIDUALIZEDIndividualized"Individualized" means specific to or inferred about an individual or group, band, class, or tier of individuals with particular personal characteristics, online behaviors, or biometrics.C.R.S. § 6-1-1901(3)" MEANS SPECIFIC TO OR INFERRED ABOUT AN INDIVIDUAL OR GROUP, BAND, CLASS, OR TIER OF INDIVIDUALS WITH PARTICULAR PERSONAL CHARACTERISTICSPersonal characteristics"Personal characteristics" includes personal data, as defined in section 6-1-1303 (17)(a), including publicly available information; sensitive data, as defined in section 6-1-1303 (24); genetic information, as defined in section 10-3-1104.6 (2)(c); and both mutable and immutable qualities, features, attributes, or traits of an individual.C.R.S. § 6-1-1901(9), ONLINE BEHAVIORSOnline behaviors"Online behaviors" means an individual's actions, habits, preferences, affiliations, associations, financial circumstances, or interests that are observable, measurable, or inferred through digital, online, or electronic observation or surveillance of a consumer or worker, including associations with, similarities to, or differences from a group, band, class, or tier of other individuals.C.R.S. § 6-1-1901(8), OR BIOMETRICSBiometrics"Biometrics" has the same meaning as "biometric identifier", as defined in section 6-1-1303, and includes biometric identifiers associated with a worker.C.R.S. § 6-1-1901(1). (4) (a) "INDIVIDUALIZED PRICE SETTINGIndividualized price setting"Individualized price setting" means using a PWSA or the output of a PWSA in determining a price offered to a consumer. "Individualized price setting" does not include the use of location data or an internet protocol address solely for the purpose of determining the jurisdiction where an individual is located if the location data or internet protocol address is used solely for the purpose of: (I) limiting offered products or services to those available in that jurisdiction; (II) displaying prices in the appropriate currency; (III) calculating jurisdiction-specific taxes; or (IV) complying with jurisdiction-specific disclosure or other regulatory requirements.C.R.S. § 6-1-1901(4)" MEANS USING A PWSA OR THE OUTPUT OF A PWSA IN DETERMINING A PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) OFFERED TO A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2). (b) "INDIVIDUALIZED PRICE SETTINGIndividualized price setting"Individualized price setting" means using a PWSA or the output of a PWSA in determining a price offered to a consumer. "Individualized price setting" does not include the use of location data or an internet protocol address solely for the purpose of determining the jurisdiction where an individual is located if the location data or internet protocol address is used solely for the purpose of: (I) limiting offered products or services to those available in that jurisdiction; (II) displaying prices in the appropriate currency; (III) calculating jurisdiction-specific taxes; or (IV) complying with jurisdiction-specific disclosure or other regulatory requirements.C.R.S. § 6-1-1901(4)" DOES NOT INCLUDE THE USE OF LOCATION DATA OR AN INTERNET PROTOCOL ADDRESS SOLELY FOR THE PURPOSE OF DETERMINING THE JURISDICTION WHERE AN INDIVIDUAL IS LOCATED IF THE LOCATION DATA OR INTERNET PROTOCOL ADDRESS IS USED SOLELY FOR THE PURPOSE OF: (I) LIMITING OFFERED PRODUCTS OR SERVICES TO THOSE AVAILABLE IN THAT JURISDICTION; (II) DISPLAYING PRICESPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) IN THE APPROPRIATE CURRENCY; (III) CALCULATING JURISDICTION-SPECIFIC TAXES; OR (IV) COMPLYING WITH JURISDICTION-SPECIFIC DISCLOSURE OR OTHER REGULATORY REQUIREMENTS. (5) (a) "INDIVIDUALIZED WAGE SETTINGIndividualized wage setting"Individualized wage setting" means using a PWSA or the output of a PWSA in determining a wage offered to a worker. "Individualized wage setting" does not include: (I) a person's decision not to hire an individual who has not previously worked for or through the person or the person's affiliates or subsidiaries; or (II) pay equity studies, compensation reviews, or other activities necessary to comply with federal and state antidiscrimination and pay equity laws.C.R.S. § 6-1-1901(5)" MEANS USING A PWSA OR THE OUTPUT OF A PWSA IN DETERMINING A WAGEWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) OFFERED TO A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15). (b) "INDIVIDUALIZED WAGE SETTINGIndividualized wage setting"Individualized wage setting" means using a PWSA or the output of a PWSA in determining a wage offered to a worker. "Individualized wage setting" does not include: (I) a person's decision not to hire an individual who has not previously worked for or through the person or the person's affiliates or subsidiaries; or (II) pay equity studies, compensation reviews, or other activities necessary to comply with federal and state antidiscrimination and pay equity laws.C.R.S. § 6-1-1901(5)" DOES NOT INCLUDE: (I) A PERSON'S DECISION NOT TO HIRE AN INDIVIDUAL WHO HAS NOT PREVIOUSLY WORKED FOR OR THROUGH THE PERSON OR THE PERSON'S AFFILIATES OR SUBSIDIARIES; OR (II) PAY EQUITY STUDIES, COMPENSATION REVIEWS, OR OTHER ACTIVITIES NECESSARY TO COMPLY WITH FEDERAL AND STATE ANTIDISCRIMINATION AND PAY EQUITY LAWS. (6) "INSURERInsurer"Insurer" has the meaning set forth in section 10-1-102.C.R.S. § 6-1-1901(6)" HAS THE MEANING SET FORTH IN SECTION 10-1-102. (7) "LOYALTY, MEMBERSHIP, OR REWARDS PROGRAMLoyalty, membership, or rewards program"Loyalty, membership, or rewards program" means a loyalty, rewards, or club card program established for the genuine purpose of providing benefits to consumers who voluntarily participate in that program, regardless of whether those benefits are provided directly by a business or through a loyalty program partner. As used in this subsection (7), "loyalty program partner" means a third party that provides loyalty, membership, or rewards program benefits to consumers who consent to participate in a loyalty, membership, or rewards program offered by a different seller.C.R.S. § 6-1-1901(7)" MEANS A LOYALTY, REWARDS, OR CLUB CARD PROGRAM ESTABLISHED FOR THE GENUINE PURPOSE OF PROVIDING BENEFITS TO CONSUMERSConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) WHO VOLUNTARILY PARTICIPATE IN THAT PROGRAM, REGARDLESS OF WHETHER THOSE BENEFITS ARE PROVIDED DIRECTLY BY A BUSINESS OR THROUGH A LOYALTY PROGRAM PARTNER. AS USED IN THIS SUBSECTION (7), "LOYALTY PROGRAM PARTNER" MEANS A THIRD PARTY THAT PROVIDES LOYALTY, MEMBERSHIP, OR REWARDS PROGRAMLoyalty, membership, or rewards program"Loyalty, membership, or rewards program" means a loyalty, rewards, or club card program established for the genuine purpose of providing benefits to consumers who voluntarily participate in that program, regardless of whether those benefits are provided directly by a business or through a loyalty program partner. As used in this subsection (7), "loyalty program partner" means a third party that provides loyalty, membership, or rewards program benefits to consumers who consent to participate in a loyalty, membership, or rewards program offered by a different seller.C.R.S. § 6-1-1901(7) BENEFITS TO CONSUMERSConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) WHO CONSENT TO PARTICIPATE IN A LOYALTY, MEMBERSHIP, OR REWARDS PROGRAMLoyalty, membership, or rewards program"Loyalty, membership, or rewards program" means a loyalty, rewards, or club card program established for the genuine purpose of providing benefits to consumers who voluntarily participate in that program, regardless of whether those benefits are provided directly by a business or through a loyalty program partner. As used in this subsection (7), "loyalty program partner" means a third party that provides loyalty, membership, or rewards program benefits to consumers who consent to participate in a loyalty, membership, or rewards program offered by a different seller.C.R.S. § 6-1-1901(7) OFFERED BY A DIFFERENT SELLER. (8) "ONLINE BEHAVIORSOnline behaviors"Online behaviors" means an individual's actions, habits, preferences, affiliations, associations, financial circumstances, or interests that are observable, measurable, or inferred through digital, online, or electronic observation or surveillance of a consumer or worker, including associations with, similarities to, or differences from a group, band, class, or tier of other individuals.C.R.S. § 6-1-1901(8)" MEANS AN INDIVIDUAL'S ACTIONS, HABITS, PREFERENCES, AFFILIATIONS, ASSOCIATIONS, FINANCIAL CIRCUMSTANCES, OR INTERESTS THAT ARE OBSERVABLE, MEASURABLE, OR INFERRED THROUGH DIGITAL, ONLINE, OR ELECTRONIC OBSERVATION OR SURVEILLANCE OF A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) OR WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15), INCLUDING ASSOCIATIONS WITH, SIMILARITIES TO, OR DIFFERENCES FROM A GROUP, BAND, CLASS, OR TIER OF OTHER INDIVIDUALS. (9) "PERSONAL CHARACTERISTICSPersonal characteristics"Personal characteristics" includes personal data, as defined in section 6-1-1303 (17)(a), including publicly available information; sensitive data, as defined in section 6-1-1303 (24); genetic information, as defined in section 10-3-1104.6 (2)(c); and both mutable and immutable qualities, features, attributes, or traits of an individual.C.R.S. § 6-1-1901(9)" INCLUDES PERSONAL DATA, AS DEFINED IN SECTION 6-1-1303 (17)(a), INCLUDING PUBLICLY AVAILABLE INFORMATION; SENSITIVE DATA, AS DEFINED IN SECTION 6-1-1303 (24); GENETIC INFORMATION, AS DEFINED IN SECTION 10-3-1104.6 (2)(c); AND BOTH MUTABLE AND IMMUTABLE QUALITIES, FEATURES, ATTRIBUTES, OR TRAITS OF AN INDIVIDUAL. (10) "PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10)" MEANS THE AMOUNT CHARGED TO A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) IN RELATION TO A TRANSACTION, INCLUDING ALL RELATED COSTS AND FEES AND OTHER MATERIAL TERMS OF THE TRANSACTION THAT HAVE A DIRECT BEARING ON THE AMOUNT PAID BY THE CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2). (11) "PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11)" OR "PWSA" MEANS ANY TECHNOLOGY, SOFTWARE, PROGRAM, MACHINE-BASED SYSTEM, OR COMPUTATIONAL PROCESS THAT: (a) USES STATISTICAL MODELING, DATA ANALYTICS, ARTIFICIAL INTELLIGENCE, OR OTHER DATA PROCESSING TECHNIQUES TO ANALYZE SURVEILLANCE DATASurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of a consumer or worker that is related to personal characteristics, online behaviors, or biometrics of the individual or a group, band, class, or tier to which the individual belongs. "Surveillance data" includes information gathered, purchased, or otherwise acquired.C.R.S. § 6-1-1901(13); AND (b) IS A SUBSTANTIAL FACTORSubstantial factor"Substantial factor" means more than a de minimis or incidental factor that informs the price or wage offered to an individual.C.R.S. § 6-1-1901(12) IN SETTING, OFFERING, OR DETERMINING A PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) OR A WAGEWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) OFFERED TO AN INDIVIDUAL. (12) "SUBSTANTIAL FACTORSubstantial factor"Substantial factor" means more than a de minimis or incidental factor that informs the price or wage offered to an individual.C.R.S. § 6-1-1901(12)" MEANS MORE THAN A DE MINIMIS OR INCIDENTAL FACTOR THAT INFORMS THE PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) OR WAGEWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) OFFERED TO AN INDIVIDUAL. (13)(a) "SURVEILLANCE DATASurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of a consumer or worker that is related to personal characteristics, online behaviors, or biometrics of the individual or a group, band, class, or tier to which the individual belongs. "Surveillance data" includes information gathered, purchased, or otherwise acquired.C.R.S. § 6-1-1901(13)" MEANS DATA OBTAINED THROUGH OBSERVATION, INFERENCE, OR SURVEILLANCE OF A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) OR WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) THAT IS RELATED TO PERSONAL CHARACTERISTICSPersonal characteristics"Personal characteristics" includes personal data, as defined in section 6-1-1303 (17)(a), including publicly available information; sensitive data, as defined in section 6-1-1303 (24); genetic information, as defined in section 10-3-1104.6 (2)(c); and both mutable and immutable qualities, features, attributes, or traits of an individual.C.R.S. § 6-1-1901(9), ONLINE BEHAVIORSOnline behaviors"Online behaviors" means an individual's actions, habits, preferences, affiliations, associations, financial circumstances, or interests that are observable, measurable, or inferred through digital, online, or electronic observation or surveillance of a consumer or worker, including associations with, similarities to, or differences from a group, band, class, or tier of other individuals.C.R.S. § 6-1-1901(8), OR BIOMETRICS OF THE INDIVIDUAL OR A GROUP, BAND, CLASS, OR TIER TO WHICH THE INDIVIDUAL BELONGS. (b) "SURVEILLANCE DATASurveillance data"Surveillance data" means data obtained through observation, inference, or surveillance of a consumer or worker that is related to personal characteristics, online behaviors, or biometrics of the individual or a group, band, class, or tier to which the individual belongs. "Surveillance data" includes information gathered, purchased, or otherwise acquired.C.R.S. § 6-1-1901(13)" INCLUDES INFORMATION GATHERED, PURCHASED, OR OTHERWISE ACQUIRED. (14) "WAGEWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14)" MEANS THE MATERIAL TERMS OFFERED TO A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) IN EXCHANGE FOR LABOR, INCLUDING THE AMOUNT TO BE PAID FOR THE LABOR, WHETHER PAID BY TIME RATE, PIECE RATE, SALARY, BONUSES, COMMISSIONS, AND OTHER INCENTIVES AND TASK ASSIGNMENTS THAT HAVE A DIRECT IMPACT ON EARNINGS. (15) (a) "WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15)" MEANS AN INDIVIDUAL PERFORMING WORK FOR WAGESWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) OR OTHER COMPENSATION AND INCLUDES AN EMPLOYEE, AS DEFINED IN SECTION 8-4-101, AND ANY OTHER INDIVIDUAL PERFORMING WORK ON BEHALF OF OR FOR THE BENEFIT OF AN EMPLOYER OR OTHER PERSON. (b) "WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15)" DOES NOT INCLUDE A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) ENGAGED BY: (I) THE FEDERAL GOVERNMENT; (II) A PUBLIC ENTITY, AS DEFINED IN SECTION 24-10-103 (5); OR (III) THE STATE, AS DEFINED IN SECTION 24-10-103 (7).

(1)(a)–(b) 1 A PERSON SHALL NOT ENGAGE IN INDIVIDUALIZED PRICE SETTINGIndividualized price setting"Individualized price setting" means using a PWSA or the output of a PWSA in determining a price offered to a consumer. "Individualized price setting" does not include the use of location data or an internet protocol address solely for the purpose of determining the jurisdiction where an individual is located if the location data or internet protocol address is used solely for the purpose of: (I) limiting offered products or services to those available in that jurisdiction; (II) displaying prices in the appropriate currency; (III) calculating jurisdiction-specific taxes; or (IV) complying with jurisdiction-specific disclosure or other regulatory requirements.C.R.S. § 6-1-1901(4). (b) A PERSON HAS NOT ENGAGED IN INDIVIDUALIZED PRICE SETTINGIndividualized price setting"Individualized price setting" means using a PWSA or the output of a PWSA in determining a price offered to a consumer. "Individualized price setting" does not include the use of location data or an internet protocol address solely for the purpose of determining the jurisdiction where an individual is located if the location data or internet protocol address is used solely for the purpose of: (I) limiting offered products or services to those available in that jurisdiction; (II) displaying prices in the appropriate currency; (III) calculating jurisdiction-specific taxes; or (IV) complying with jurisdiction-specific disclosure or other regulatory requirements.C.R.S. § 6-1-1901(4) IF THE PERSON CAN DEMONSTRATE THAT: (I) DIFFERENTIAL PRICESPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) ARE JUSTIFIED BASED ON DIFFERENCES IN COST IN PROVIDING A GOOD OR SERVICE TO DIFFERENT CONSUMERSConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2), INCLUDING BASED ON CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) SELECTIONS, DELIVERY DISTANCE, OR DELIVERY TIME; (II) DIFFERENTIAL PRICESPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) ARE JUSTIFIED BY TEMPORAL DIFFERENCES, INCLUDING PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) FLUCTUATIONS BASED ON SUPPLY AND DEMAND; (III) A PUBLIC DISCOUNTED PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) IS OFFERED ON EQUAL TERMS PURSUANT TO PUBLICLY DISCLOSED ELIGIBILITY CRITERIA TO: (A) ALL CONSUMERSConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) WHO MEET THE PUBLICLY DISCLOSED ELIGIBILITY CRITERIA, INCLUDING CRITERIA RELATED TO VOLUME PURCHASES, SIGNING UP FOR A MAILING LIST, REGISTERING FOR PROMOTIONAL COMMUNICATIONS, OR PARTICIPATING IN A PROMOTIONAL EVENT; OR (B) ALL MEMBERS OF A BROADLY DEFINED AND PUBLICLY RECOGNIZED GROUP OF CONSUMERSConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2), INCLUDING TEACHERS, ACTIVE OR RETIRED MILITARY PERSONNEL, SENIOR CITIZENS, STUDENTS, OR RESIDENTS OF A CERTAIN AREA BASED ON PUBLICLY DISCLOSED ELIGIBILITY CRITERIA; (IV) A DISCOUNTED PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) IS OFFERED ON EQUAL TERMS PURSUANT TO PUBLICLY DISCLOSED TERMS AND CONDITIONS TO ALL MEMBERS, ENROLLEES, OR PARTICIPANTS IN A LOYALTY, MEMBERSHIP, OR REWARDS PROGRAMLoyalty, membership, or rewards program"Loyalty, membership, or rewards program" means a loyalty, rewards, or club card program established for the genuine purpose of providing benefits to consumers who voluntarily participate in that program, regardless of whether those benefits are provided directly by a business or through a loyalty program partner. As used in this subsection (7), "loyalty program partner" means a third party that provides loyalty, membership, or rewards program benefits to consumers who consent to participate in a loyalty, membership, or rewards program offered by a different seller.C.R.S. § 6-1-1901(7). (V) THE PERSON OPERATES AS AN INSURERInsurer"Insurer" has the meaning set forth in section 10-1-102.C.R.S. § 6-1-1901(6) COMPLYING WITH SECTION 10-3-1104.9 AND ASSOCIATED RULES AND ONLY INPUTS RISK-RELEVANT DATA INTO A PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11) THAT INFORMS DECISIONS RELATED TO THE AMOUNT A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) MUST PAY FOR AN INSURANCE POLICY OR CONTRACT; (VI) DIFFERENTIAL PRICESPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) ARE OFFERED OR PROVIDED TO A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) AS A GOOD FAITH CREDIT, REFUND, REBATE, OR DISCOUNT BELOW THE PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) PREVIOUSLY OFFERED TO THE CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) IN RESPONSE TO: (A) A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2)'S COMPLAINT, INQUIRY, OR EXPRESSION OF DISSATISFACTION REGARDING A GOOD OR SERVICE; (B) A SERVICE DISRUPTION, ERROR, OR OTHER FAILURE TO DELIVER A GOOD OR SERVICE AS PROMISED OR EXPECTED; (C) A BILLING DISPUTE OR DISCREPANCY; (D) A REQUEST FOR ACCOUNT RETENTION OR CANCELLATION; OR (E) OTHER CUSTOMER SERVICE INTERACTIONS IN WHICH THE PERSON PROVIDES A CREDIT, REFUND, REBATE, OR DISCOUNT BELOW THE PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) PREVIOUSLY OFFERED TO THE CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) TO ADDRESS A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2)'S CONCERNS OR TO MAINTAIN THE CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) RELATIONSHIP; (VII) DIFFERENTIAL PRICESPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) ARE OFFERED PURSUANT TO THE FOLLOWING ESTABLISHED NEED-BASED DISCOUNT PROGRAMS THAT ARE PUBLICLY DISCLOSED AND STRUCTURED TO PROVIDE REDUCED PRICING OR FINANCIAL ASSISTANCE BASED ON OBJECTIVE ELIGIBILITY CRITERIA RELATED TO INCOME OR FINANCIAL NEED: (A) HOSPITAL DISCOUNTED CARE; (B) SLIDING SCALE FEES; OR (C) CHARITY CARE OR MEDICAL FINANCIAL ASSISTANCE POLICIES; (VIII) THE PERSON AND CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) HAVE A SUBSCRIPTION OR OTHER CONTINUOUS AGREEMENT THAT INCLUDES A MONTHLY OR OTHER RECURRING PRICEPrice"Price" means the amount charged to a consumer in relation to a transaction, including all related costs and fees and other material terms of the transaction that have a direct bearing on the amount paid by the consumer.C.R.S. § 6-1-1901(10) THAT WAS NOT INFORMED BY A PWSA; OR (IX) A REFUSAL TO EXTEND CREDIT ON SPECIFIC TERMS OR THE REFUSAL TO ENTER INTO A FINANCIAL TRANSACTION WITH A SPECIFIC CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) IS BASED ON DATA PROVIDED IN A CONSUMERConsumer"Consumer" has the meaning set forth in section 6-1-732 (1)(d).C.R.S. § 6-1-1901(2) REPORT COVERED BY THE FEDERAL "FAIR CREDIT REPORTING ACT", 15 U.S.C. SEC. 1681 ET SEQ., OR REQUIRED TO BE PROVIDED AS PART OF THE APPLICATION FOR THE FINANCIAL TRANSACTION.

(2)(a)–(b) 2 A PERSON SHALL NOT ENGAGE IN INDIVIDUALIZED WAGE SETTINGIndividualized wage setting"Individualized wage setting" means using a PWSA or the output of a PWSA in determining a wage offered to a worker. "Individualized wage setting" does not include: (I) a person's decision not to hire an individual who has not previously worked for or through the person or the person's affiliates or subsidiaries; or (II) pay equity studies, compensation reviews, or other activities necessary to comply with federal and state antidiscrimination and pay equity laws.C.R.S. § 6-1-1901(5). (b) A PERSON HAS NOT ENGAGED IN INDIVIDUALIZED WAGE SETTINGIndividualized wage setting"Individualized wage setting" means using a PWSA or the output of a PWSA in determining a wage offered to a worker. "Individualized wage setting" does not include: (I) a person's decision not to hire an individual who has not previously worked for or through the person or the person's affiliates or subsidiaries; or (II) pay equity studies, compensation reviews, or other activities necessary to comply with federal and state antidiscrimination and pay equity laws.C.R.S. § 6-1-1901(5) IF THE PERSON CAN DEMONSTRATE THAT: (I) THE PERSON OFFERS INDIVIDUALIZEDIndividualized"Individualized" means specific to or inferred about an individual or group, band, class, or tier of individuals with particular personal characteristics, online behaviors, or biometrics.C.R.S. § 6-1-1901(3) WAGESWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) BASED SOLELY ON DATA SPECIFIC TO THE INDIVIDUAL WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) THAT IS DIRECTLY RELATED TO THE TASKS THE WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) WAS HIRED TO PERFORM, INCLUDING DATA ASSOCIATED WITH A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15)'S PERFORMANCE OR GENERATION OF NEW BUSINESS; AND (II) THE PERSON DISCLOSES IN PLAIN LANGUAGE BEFORE HIRING A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) TO PERFORM WORK, AND TO ALL WORKERSWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) WHOSE WAGESWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) ARE SET IN WHOLE OR IN PART THROUGH A PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11), WHAT DATA IS CONSIDERED AND HOW THE PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11) CONSIDERS THE DATA. TO THE EXTENT THESE DISCLOSURES DUPLICATE DISCLOSURES REQUIRED UNDER EQUAL PAY, WAGEWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14) AND HOUR, OR OTHER EXISTING LAWS, A PERSON'S OBLIGATIONS UNDER THIS SUBSECTION (2)(b)(II) MAY BE FULFILLED BY COMPLYING WITH APPLICABLE LAW.

(3)(a)–(c) 3 Publication of procedures. A PERSON THAT USES A PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11) SHALL DEVELOP AND PUBLISH REASONABLE PROCEDURES: (a) TO ENSURE THE ACCURACY OF ALL DATA CONSIDERED BY THE PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11); (b) FOR WORKERSWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) TO REQUEST AND RECEIVE INFORMATION REGARDING WHAT DATA IS CONSIDERED BY THE PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11) AND HOW THE PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11) CONSIDERS THE DATA WHEN SETTING PARTICULAR WAGESWage"Wage" means the material terms offered to a worker in exchange for labor, including the amount to be paid for the labor, whether paid by time rate, piece rate, salary, bonuses, commissions, and other incentives and task assignments that have a direct impact on earnings.C.R.S. § 6-1-1901(14); AND (c) TO ALLOW A WORKERWorker"Worker" means an individual performing work for wages or other compensation and includes an employee, as defined in section 8-4-101, and any other individual performing work on behalf of or for the benefit of an employer or other person. "Worker" does not include a worker engaged by: (I) the federal government; (II) a public entity, as defined in section 24-10-103 (5); or (III) the state, as defined in section 24-10-103 (7).C.R.S. § 6-1-1901(15) TO CORRECT OR CHALLENGE THE ACCURACY OF DATA CONSIDERED BY THE PRICE OR WAGE SETTING ALGORITHMPrice or wage setting algorithm"Price or wage setting algorithm" or "PWSA" means any technology, software, program, machine-based system, or computational process that: (a) uses statistical modeling, data analytics, artificial intelligence, or other data processing techniques to analyze surveillance data; and (b) is a substantial factor in setting, offering, or determining a price or a wage offered to an individual.C.R.S. § 6-1-1901(11).

THE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY FOR THE PURPOSE OF IMPLEMENTING AND ENFORCING THIS PART 19.