R.C.S.A. § 38a-8 APPENDIX A
Sample Clauses
Cite as Conn. Agencies Regs. § 38a-8 APPENDIX A
Licensees, including a group of financial holding company affiliates that use a common
privacy notice, may use the following sample clauses, if the clause is accurate for
each institution that uses the notice. (Note that disclosure of certain information,
such as assets, income, and information from a consumer reporting agency, may give
rise to obligations under the federal Fair Credit Reporting Act, such as a requirement
to permit a consumer to opt out of disclosures to affiliates or designation as a consumer
reporting agency if disclosures are made to nonaffiliated third parties.)
A-1–Categories of information a licensee collects (all institutions)
A licensee may use this clause, as applicable, to meet the requirement of section
38a-8-109(a)(1) of the Regulations of Connecticut State Agencies to describe the categories
of nonpublic personal financial information the licensee collects.
Sample Clause A-1:
We collect nonpublic personal financial information about you from the following sources:
Information we receive from you on applications or other forms;
Information about your transactions with us, our affiliates or others; and
Information we receive from a consumer reporting agency.
A-2–Categories of information a licensee discloses (institutions that disclose outside
of the exceptions)
A licensee may use one of these clauses, as applicable, to meet the requirement of
section 38a-8-109(a)(2) of the Regulations of Connecticut State Agencies to describe
the categories of nonpublic personal financial information the licensee discloses.
The licensee may use these clauses if it discloses nonpublic personal financial information
other than as permitted by exception.
Sample Clause A-2, Alternative 1:
We may disclose the following kinds of nonpublic personal financial information about
you:
Information we receive from you on applications or other forms, such as [provide illustrative
examples, such as "your name, address, social security number, assets, income, and
beneficiaries"];
Information about your transactions with us, our affiliates or others, such as [provide
illustrative examples, such as "your policy coverage, premiums, and payment history"];
and
Information we receive from a consumer reporting agency, such as [provide illustrative
examples, such as "your creditworthiness and credit history"].
Sample Clause A-2, Alternative 2:
We may disclose all of the information that we collect, as described [describe location
in the notice, such as "above" or "below"].
A-3–Categories of information a licensee discloses and parties to whom the licensee
discloses (institutions that do not disclose outside of the exceptions)
A licensee may use this clause, as applicable, to meet the requirements of section
38a-8-109(a)(2), (3), and (4) of the Regulations of Connecticut State Agencies to
describe the categories of nonpublic personal financial information about customers
and former customers that the licensee discloses and the categories of affiliates
and nonaffiliated third parties to whom the licensee discloses. A licensee may use
this clause if the licensee does not disclose nonpublic personal financial information
to any party, other than as permitted.
Sample Clause A-3:
We do not disclose any nonpublic personal financial information about our customers
or former customers to anyone, except as permitted by law.
A-4–Categories of parties to whom a licensee discloses (institutions that disclose
outside of the exceptions)
A licensee may use this clause, as applicable, to meet the requirement of section
38a-8-109(a)(3) to describe the categories of affiliates and nonaffiliated third parties
to whom the licensee discloses nonpublic personal financial information. This clause
may be used if the licensee discloses nonpublic personal financial information other
than as permitted.
Sample Clause A-4:
We may disclose nonpublic personal financial information about you to the following
types of third parties:
Financial service providers, such as [provide illustrative examples, such as "life
insurers, automobile insurers, mortgage bankers, securities broker-dealers, and insurance
agents"];
Non-financial companies, such as [provide illustrative examples, such as "retailers,
direct marketers, airlines, and publishers"]; and
Others, such as [provide illustrative examples, such as "non-profit organizations"].
We may also disclose nonpublic personal financial information about you to nonaffiliated
third parties as permitted by law.
A-5–Service provider/joint marketing exception
A licensee may use one of these clauses, as applicable, to meet the requirements of
section 38a-8-109(a)(5) of the Regulations of Connecticut State Agencies. If a licensee
discloses nonpublic personal financial information under this exception, the licensee
shall describe the categories of nonpublic personal financial information the licensee
discloses and the categories of third parties with whom the licensee has contracted.
Sample Clause A-5, Alternative 1:
We may disclose the following information to companies that perform marketing services
on our behalf or to other financial institutions with whom we have joint marketing
agreements:
Information we receive from you on applications or other forms, such as [provide illustrative
examples, such as "your name, address, social security number, assets, income, and
beneficiaries"];
Information about your transactions with us, our affiliates or others, such as [provide
illustrative examples, such as "your policy coverage, premium, and payment history"];
and
Information we receive from a consumer reporting agency, such as [provide illustrative
examples, such as "your creditworthiness and credit history"].
Sample Clause A-5, Alternative 2:
We may disclose all of the information we collect, as described [describe location
in the notice, such as "above" or "below"] to companies that perform marketing services
on our behalf or to other financial institutions with whom we have joint marketing
agreements.
A-6–Explanation of opt out right (institutions that disclose outside of the exceptions)
A licensee may use this clause, as applicable, to meet the requirement of section
38a-8-109(a)(6) of the Regulations of Connecticut State Agencies to provide an explanation
of the consumer's right to opt out of the disclosure of nonpublic personal financial
information to nonaffiliated third parties, including the method(s) by which the consumer
may exercise that right. The licensee may use this clause if the licensee discloses
nonpublic personal financial information other than as permitted.
Sample Clause A-6:
If you prefer that we not disclose nonpublic personal financial information about
you to nonaffiliated third parties, you may opt out of those disclosures, that is,
you may direct us not to make those disclosures (other than disclosures permitted
by law). If you wish to opt out of disclosures to nonaffiliated third parties, you
may [describe a reasonable means of opting out, such as "call the following toll-free
number: (insert number)"].
A-7–Confidentiality and security (all institutions)
A licensee may use this clause, as applicable, to meet the requirement of section
38a-8-109(a)(8) of the Regulations of Connecticut State Agencies to describe its policies
and practices with respect to protecting the confidentiality and security of nonpublic
personal financial information.
Sample Clause A-7:
We restrict access to nonpublic personal financial information about you to [provide
an appropriate description, such as "those employees who need to know that information
to provide products or services to you"]. We maintain physical, electronic, and procedural
safeguards that comply with federal regulations to guard your nonpublic personal financial
information.