Current through August 26, 2024
(1) HOW TO PROVIDE NOTICES. A licensee shall
provide any notices that this chapter requires so that each consumer can
reasonably be expected to receive actual notice in writing or, if the consumer
agrees, electronically.
(2)
EXAMPLES.
(a) Examples of reasonable
expectation of actual notice. A licensee may reasonably expect that a consumer
will receive actual notice of its privacy policies and practices if the
licensee does any of the following:
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 does any
of the following:
1. Only posts a sign in its
office or generally publishes advertisements of its privacy policies and
practices.
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 it does any of the following:
(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.
(b) The customer has requested that the
licensee refrain from sending any information regarding the customer
relationship, the licensee maintains a record of the request 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 chapter 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 s.
Ins 25.10(1) (a), the annual notice
required by s.
Ins 25.13(1), and the revised notice
required by s.
Ins 25.20
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 does any of the following:
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.
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 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 ss.
Ins 25.10(1), 25.13(1), and 25.20(1),
respectively, by providing one notice to those consumers jointly.
(8) MULTIPLE INSURANCE PRODUCTS OR SERVICES.
If a consumer or two or more consumers jointly seek to obtain or obtain
multiple insurance products or services from a licensee or its affiliates, the
licensee may satisfy the initial, annual and revised notice requirements of ss.
Ins 25.10(1), 25.13(1), and 25.20(1),
respectively, for the licensee and its affiliates by providing one notice to
those consumers.
