Current through Register Vol. 35, No. 6, March 26, 2024
A.
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.
(1)
Examples of reasonable expectation
of actual notice. A licensee may reasonably expect that a consumer will
receive actual notice if the licensee:
(a)
Hand-delivers a printed copy of the notice to the consumer;
(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;
(c) 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
(d) 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.
(2)
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:
(a) Only posts a sign in its
office or generally publishes advertisements of its privacy policies and
practices; or
(b) Sends the notice
via electronic mail to a consumer who does not obtain an insurance product or
service from the licensee electronically.
B.
Annual notices only. A
licensee may reasonably expect that a customer will receive actual notice of
the licensee's annual privacy notice if:
(1)
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
(2) 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.
C.
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.
D.
Retention or
accessibility of notices for customers.
(1) For customers only, a licensee shall
provide the initial notice required by paragraph (1) of subsection A of
13.1.3.8 NMAC, the annual notice required by subsection A of 13.1.3.9 NMAC, and
the revised notice required by 13.1.3.12 NMAC so that the customer can retain
them or obtain them later in writing or, if the customer agrees,
electronically.
(2)
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:
(a) Hand-delivers a printed copy of
the notice to the customer;
(b)
Mails a printed copy of the notice to the last known address of the customer;
or
(c) 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.
E.
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.
F.
Joint relationships. If two
(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 subsection A of 13.1.3.8 NMAC, subsection A of 13.1.3.9 NMAC
and subsection A of 13.1.3.12 NMAC, respectively, by providing one notice to
those consumers jointly.