Current through Reg. 50, No. 187; September 24, 2024
(1) How to provide notices. A licensee shall
provide any notices that this rule requires so that each consumer can
reasonably be expected to receive actual notice in writing or, if the consumer
agrees, electronically.
(2)
(a) Examples of reasonable expectation of
actual notice. A licensee may reasonably expect that a consumer will receive
actual notice if the licensee:
1.
Hand-delivers a printed copy of the notice to the consumer;
2. Mails a printed copy of the notice to the
last known address of the consumer separately, or in a policy, billing or other
written communication;
3. For a
consumer who conducts transactions electronically, posts the notice on the
electronic site and requires the consumer to acknowledge receipt of the notice
as a necessary step to obtaining a particular insurance product or service;
or
4. For an isolated transaction
with a consumer, such as the licensee providing an insurance quote or selling
the consumer travel insurance, posts the notice and requires the consumer to
acknowledge receipt of the notice as a necessary step to obtaining the
particular insurance product or service.
(b) Examples of unreasonable expectation of
actual notice. A licensee may not, however, reasonably expect that a consumer
will receive actual notice of its privacy policies and practices if it:
1. Only posts a sign in its office or
generally publishes advertisements of its privacy policies and practices;
or
2. Sends the notice via
electronic mail to a consumer who does not obtain an insurance product or
service from the licensee electronically.
(3) Annual notices only. A licensee may
reasonably expect that a customer will receive actual notice of the licensee's
annual privacy notice if:
(a) The customer
uses the licensee's web site to access insurance products and services
electronically and agrees to receive notices at the web site and the licensee
posts its current privacy notice continuously in a clear and conspicuous manner
on the web site; or
(b) The
customer has requested that the licensee refrain from sending any information
regarding the customer relationship, and the licensee's current privacy notice
remains available to the customer upon request.
(4) Oral description of notice insufficient.
A licensee may not provide any notice required by this rule solely by orally
explaining the notice, either in person or over the telephone.
(5) Retention or accessibility of notices for
customers.
(a) For customers only, a licensee
shall provide the initial notice required by paragraph
69J-128.005(1)(a),
F.A.C., the annual notice required by subsection
69J-128.006(1),
F.A.C., and the revised notice required by rule
69J-128.009, F.A.C., so that the
customer can retain them or obtain them later in writing or, if the customer
agrees, electronically.
(b)
Examples of retention or accessibility. A licensee provides a privacy notice to
the customer so that the customer can retain it or obtain it later if the
licensee:
1. Hand-delivers a printed copy of
the notice to the customer;
2.
Mails a printed copy of the notice to the last known address of the customer;
or
3. Makes its current privacy
notice available on a web site, or a link to another website, for the customer
who obtains an insurance product or service electronically and agrees to
receive the notice at the web site.
(6) Joint notice with other financial
institutions. A licensee may provide a joint notice from the licensee and one
or more of its affiliates or other financial institutions, as identified in the
notice, as long as the notice is accurate with respect to the licensee and the
other institutions. A licensee also may provide a notice on behalf of another
financial institution.
(7) Joint
relationships. If 2 or more consumers jointly obtain an insurance product or
service from a licensee, the licensee may satisfy the initial, annual and
revised notice requirements of subsections
69J-128.005(1),
69J-128.006(1),
and 69J-128.009(1),
F.A.C., respectively, by providing one notice to those consumers
jointly.
Rulemaking Authority
624.308,
626.9651 FS. Law Implemented
624.307(1),
626.9651
FS.
New 12-16-01, Formerly 4-128.010,
69B-128.010.
