Current through August 31, 2023
01.
How to Provide Notices. A
licensee will make available 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. (3-31-22)
02.
Reasonable Expectation of
Notice. A licensee may reasonably expect that a consumer will receive
actual notice if the licensee: (3-31-22)
a.
Hand-delivers a printed copy of the notice to the consumer; (3-31-22)
b. 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; or (3-31-22)
c. For a consumer who conducts transactions
electronically, or an isolated transaction with a consumer, such as the
licensee providing an insurance quote or selling the consumer travel insurance,
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. (3-31-22)
03.
Annual Notices Only. A
licensee may reasonably expect that a customer will receive actual notice of
the licensee's annual privacy notice if: (3-31-22)
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
(3-31-22)
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. (3-31-22)
04.
Oral Description of Notice
Insufficient. A licensee cannot provide any notice prescribed by this
rule solely by orally explaining the notice. (3-31-22)
05.
Retention or Accessibility of
Notices for Customers. (3-31-22)
a. For
customers only, a licensee will provide all notices so that the customer can
retain them or obtain them later in writing or, if the customer agrees,
electronically. (3-31-22)
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: (3-31-22)
i. Hand-delivers a printed
copy of the notice to the customer; (3-31-22)
ii. Mails a printed copy of the notice to the
last known address of the customer; or (3-31-22)
iii. Makes its current privacy notice
available on a web site (or a link to another web site) for the customer who
obtains an insurance product or service electronically and agrees to receive
the notice at the web site. (3-31-22)
06.
Joint Notice with Other Financial
Institutions. A licensee may provide a joint notice from the licensee
and one (1) 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. (3-31-22)
