50 Ill. Adm. Code 4002.ILLUSTRATION
A Sample Clauses
Section 4002
Section 4002.ILLUSTRATION A
Sample Clauses
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 4002.60(a)(1) of this Part to
describe the categories of nonpublic personal information the licensee
collects.
Sample Clause A-1:
We collect nonpublic personal
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 4002.60(a)(2) of
this Part to describe the categories of nonpublic personal information the
licensee discloses. The licensee may use these clauses if it discloses
nonpublic personal information other than as permitted by the exceptions in
Sections 4002.130, 4002.140 and 4002.150 of this Part.
Sample Clause A-2, Alternative
1:
We may disclose the following
kinds of nonpublic personal 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 Sections 4002.60(a)(2), (a)(3), and
(a)(4) to describe the categories of nonpublic personal 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 information to any party, other than as permitted by the exceptions in
Sections 4002.140 and 4002.150 of this Part.
Sample Clause A-3:
We do not disclose any nonpublic
personal 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 4002.60(a)(3) of this Part to
describe the categories of affiliates and nonaffiliated third parties to whom
the licensee discloses nonpublic personal information. This clause may be used
if the licensee discloses nonpublic personal information other than as
permitted by the exceptions in Sections 4002.130, 4002.140 and 4002.150 of this
Part, as well as when permitted by the exceptions in Sections 4002.140 and
4002.150 of this Part.
Sample Clause A-4:
We may disclose nonpublic
personal 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 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 4002.60(a)(5) of
this Part related to the exception for service providers and joint marketers in
Section 4002.130 of this Part. If a licensee discloses nonpublic personal
information under this exception, the licensee shall describe the categories of
nonpublic personal information the licensee discloses and the categories of
third parties with which 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 which 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 4002.60(a)(6) of this Part to
provide an explanation of the consumer's right to opt out of the disclosure of
nonpublic personal information to nonaffiliated third parties, including the
methods by which the consumer may exercise that right. The licensee may use
this clause if the licensee discloses nonpublic personal information other than
as permitted by the exceptions in Sections 4002.130, 4002.140 and 4002.150 of
this Part.
Sample Clause A-6:
If you prefer that we not
disclose nonpublic personal 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 4002.60(a)(8) of this Part to
describe its policies and practices with respect to protecting the
confidentiality and security of nonpublic personal information.
Sample Clause A-7:
We restrict access to nonpublic
personal 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
information.