Current through September 24, 2024
(1) How to provide notices. A licensee shall
provide any notices that these regulations require 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;
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 these regulations 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 Section 0780-1-72-.05(1)(a), the
annual notice required by Section 0780-1-72-.06(1), and the revised notice
required by Section 0780-1-72-.09 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 web site) 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 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 Sections 0780-1-72-.05(1), 0780-1-72-.06(1) and
0780-1-72-.09(1), respectively, by providing one notice to those consumers
jointly.
Authority: Public Acts of 2001; Chapter 107;
§1.