KY Insurance Bulletin 2011-06
Gramm Leach Bliley Act Privacy Notices
COMMONWEALTH OF KENTUCKY
DEPARTMENT OF INSURANCE
Frankfort, Kentucky
BULLETIN
2011-06
The following Bulletin is to advise the reader of the current position of the Kentucky
Department of Insurance (the “Department”) on the specified issue. The Bulletin is not
legally binding on either the Department or the reader.
TO:
ALL LICENSEES1 TRANSACTING INSURANCE BUSINESS IN THE STATE
OF KENTUCKY
FROM:
SHARON P. CLARK, COMMISSIONER
DATE:
OCTOBER 11, 2011
RE:
GRAMM LEACH BLILEY ACT PRIVACY NOTICES
* * * * * * *
The purpose of this bulletin is to set forth the views of the Kentucky
Department of Insurance (Department) regarding licensees’ compliance with the
requirements for Gramm Leach Bliley Act (GLBA) privacy notices set forth in
806 KAR 3:210.
As required by the Financial Services Regulatory Relief Act of 2006,
eight federal agencies2 adopted a simplified Federal Model Privacy Form. The
1 “Licensees” is defined in 806 KAR 3:210 Section 1(19) to include all insurers holding a certificate of authority,
licensed producers, companies, or business entities licensed or required to be licensed, or authorized or required to
be authorized, or registered or required to be registered pursuant to the Kentucky Insurance Code, KRS Chapter 304.
2 Office of the Comptroller of the Currency; Treasury (OCC); Board of Governors of the Federal
Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Office of Thrift
Supervision, Treasury (OTS); National Credit Union Administration (NCUA); Federal Trade
Commission (FTC); Commodity Futures Trading Commission (CFTC); and Securities and Exchange
Commission (SEC).
new Federal Model Privacy Form was developed for use by federally regulated
financial institutions to increase consumers’ understanding and ability to
make informed decisions regarding the sharing of personal information as
required by the privacy provisions of the Gramm Leach Bliley Act (GLBA).
Federally regulated financial institutions, that elect to use the new Federal
Model Privacy Form, may rely on it as a safe harbor to provide the notices
required under the federal GLBA privacy rules.
Licensees that do business in Kentucky may use the new Federal Model
Privacy Form or continue to use other types of privacy notices that differ
from the Federal Model Privacy Form to meet the notice content requirements of
806 KAR 3:210.
Use of Model Privacy Form
The use of the Model Privacy Form, set forth in Attachment A to this
Bulletin, consistent with the Instructions, set forth in Attachments B and C,
constitutes compliance with the notice content requirements of 806 KAR 3:210
Sections 8 and 9.
Insurers may rely on use of the attached Model Privacy Form, consistent
with the attached Instructions, as a safe harbor of compliance with the
privacy notice content requirements of 806 KAR 3:210.
Use of Other Types of Privacy Notices
Use of the attached Model Privacy Form is not required. Licensees may
continue to use other types of privacy notices to meet the requirements of 806
KAR 3:210 Section 8 and 9, so long as the notices accurately describe the
licensee’s privacy practices and otherwise meet the requirements of 806 KAR
3:210 Section 8 and 9.
Information to Be Included in Privacy Notices
Under 806 KAR 3:210 Section 8, if a licensee discloses nonpublic personal
information to third parties as authorized under 806 KAR 3:210 Sections 16 and
17, the licensee is not required to list those exceptions in the initial or
annual privacy notices required by 806 KAR 3:210 Section 6 and 7. When
describing the categories of parties to whom these disclosures are made, it is
sufficient for the licensee to state that it makes disclosures to other
nonaffiliated companies:
(1) For everyday business purposes, such as to process account
transactions, maintain account(s), respond to court orders and
legal investigations, or report to credit bureaus; or
(2) As permitted by law.
If you have any questions regarding this Bulletin, please contact Rob Doctrow, Office of
Legal Services, at (502) 564-6032.
/s/ Sharon P. Clark _
Sharon P. Clark, Commissioner
Kentucky Department of Insurance
On this 11th day of October, 2011
Attachment A – Model Privacy Form
There are four versions of the Model Privacy Form.
1. Version 1: Model Form with No Opt-Out
2. Version 2: Model Form with Opt-Out by Telephone and/or Online
3. Version 3: Model Form with Mail-in Opt-Out Form
4. Version 4: Option Mail-in Form
Version 1: Model Form with No Opt-Out Rev. [insert date]
FACTS
WHAT DOES [NAME OF LICENSEE] DO WITH YOUR PERSONAL INFORMATION?
Why?
[Licensees] choose how they share your personal information. Federal law gives consumers the right to limit
some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
Social Security number and [income]
[account balance] and [payment history]
[credit history] and [credit scores]
When you are no longer our customer, we continue to share your information as described in this notice.
How?
[Licensees] need to share customers’ personal information to run their everyday business. In the section
below, we list the reasons [licensees] can share their customers’ personal information; the reasons [name of
licensee] chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does [name of licensee] share? Can you limit this
sharing?
For our everyday business purposes –
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes –
to offer our products and services to you
For joint marketing with other financial
companies/licensees
For our affiliates’ everyday business purposes –
information about your transactions and experiences
For our affiliates’ everyday business purposes –
information about your creditworthiness
For our affiliates to market to you
For nonaffiliates to market to you
Questions?
Call [phone number] or go to [website]
Version 1: Model Form with No Opt-Out Rev. [insert date]
Page 2
Who we are
Who is providing this notice?
[insert]
What we do
How does [name of licensee] protect my personal
information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. These measures include
computer safeguards and secured files and buildings.
[insert]
How does [name of licensee] collect my personal
information?
We collect your personal information, for example, when you
[open and account] or [deposit money]
[pay your bills] or [apply for a loan]
[use your credit or debit card]
[We also collect your personal information from other companies.] OR
[We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.]
Why can’t I limit all sharing?
Federal law gives you the right to limit only
sharing for affiliates’ everyday business purposes-information about
your creditworthiness.
affiliates from using your information to market to you
sharing for nonaffiliates to market to you.
State laws and individual companies may give you additional rights to limit
sharing. [See below for more on your rights under state law.]
Definitions
Affiliates
Companies related by common ownership or control. They can be financial
and nonfinancial companies.
[affiliate information]
Nonaffiliates
Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
[nonaffiliate information]
Joint marketing
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
[joint marketing information]
Other important information
[insert other important information]
Version 2: Model Form with Opt-Out by Telephone and/or Online
Rev. [insert date]
FACTS
WHAT DOES [NAME OF LICENSEE] DO WITH YOUR PERSONAL INFORMATION?
Why?
[Licensees] choose how they share your personal information. Federal law gives consumers the right to limit
some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
Social Security number and [income]
[account balance] and [payment history]
[credit history] and [credit scores]
How?
[Licensees] need to share customers’ personal information to run their everyday business. In the section
below, we list the reasons [licensees] can share their customers’ personal information; the reasons [name of
licensee] chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does [name of licensee] share? Can you limit this
sharing?
For our everyday business purposes –
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes –
to offer our products and services to you
For joint marketing with other financial
companies/licensees
For our affiliates’ everyday business purposes -
information about your transactions and experiences
For our affiliates’ everyday business purposes –
information about your creditworthiness
For our affiliates to market to you
For nonaffiliates to market to you
To limit our
sharing
Call [phone number] - our menu will prompt you through your choice(s) or
Visit us online: [website]
Please note:
If you are a new customer, we can begin sharing your information [30] days from the date we sent this notice.
When you are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions ?
Call [phone number] or go to [website]
Version 2: Model Form with Opt-Out by Telephone and/or Online
Rev. [insert date]
Page 2
Who we are
Who is providing this notice?
[insert]
What we do
How does [name of licensee] protect my personal
information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. These measures include
computer safeguards and secured files and buildings.
[insert]
How does [name of licensee] collect my personal
information?
We collect your personal information, for example, when you
[open and account] or [deposit money]
[pay your bills] or [apply for a loan]
[use your credit or debit card]
[We also collect your personal information from other companies.]
OR
[We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.]
Why can’t I limit all sharing?
Federal law gives you the right to limit only
sharing for affiliates’ everyday business purposes - information about
your creditworthiness.
affiliates from using your information to market to you
sharing for nonaffiliates to market to you.
State laws and individual companies may give you additional rights to limit
sharing. [See below for more on your rights under state law.]
What happens when I limit sharing for an account I
hold jointly with someone else?
[Your choices will apply to everyone on your account.]
OR
[Your choices will apply to everyone on your account – unless you tell us
otherwise.]
Definitions
Affiliates
Companies related by common ownership or control. They can be financial
and nonfinancial companies.
[affiliate information]
Nonaffiliates
Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
[nonaffiliate information]
Joint marketing
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
[joint marketing information]
Other important information
[Insert other important information]
Version 3: Model Form with Mail-in Opt-Out Form
Rev. [insert date]
FACTS
WHAT DOES [NAME OF LICENSEE] DO WITH YOUR PERSONAL INFORMATION?
Why?
[Licensees] choose how they share your personal information. Federal law gives consumers the right to limit
some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
Social Security number and [income]
[account balance] and [payment history]
[credit history] and [credit scores]
How?
[Licensees] need to share customers’ personal information to run their everyday business. In the section
below, we list the reasons [licensees] can share their customers’ personal information; the reasons [name of
licensee] chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does [name of licensee] share? Can you limit this sharing?
For our everyday business purposes –
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes –
to offer our products and services to you
For joint marketing with other financial
companies/licensees
For our affiliates’ everyday business purposes –
information about your transactions and experiences
For our affiliates’ everyday business purposes –
information about your creditworthiness
For our affiliates to market to you
For nonaffiliates to market to you
To limit our
sharing
Call [phone number]-our menu will prompt you through your choice(s)
Visit us online: [website] or
Mail the form below
Please note:
If you are a new customer, we can begin sharing your information [30] days from the date we sent this notice.
When you are no longer our customer, we continue to share your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions?
Call [phone number] or go to [website]
Mail-in Form
Leave Blank
OR
[If you have a joint
account your choice(s) will
apply to everyone on your
account unless you mark
below
___ Apply my choices
only to me]
Mark any/all you want to limit:
__Do not share information about my creditworthiness with your affiliates for their everyday business
purposes.
__Do not allow your affiliates to use my personal information to market to me.
__Do not share my personal information with nonaffiliates to market their products and services to me.
Name
Mail to:
[Name of Licensee]
[Address 1]
[Address 2]
[City], [ST] [ZIP]
Address
City, State, Zip
[Account #]
Page 2
Who we are
Who is providing this notice?
[insert]
Version 3: Model Form with Mail-in Opt-Out Form
Rev. [insert date]
What we do
How does [name of licensee] protect my personal
information?
To protect your personal information from unauthorized access and use, we
use security measures that comply with federal law. These measures include
computer safeguards and secured files and buildings.
[insert]
How does [name of licensee] collect my personal
information?
We collect your personal information, for example, when you
[open and account] or [deposit money]
[pay your bills] or [apply for a loan]
[use your credit or debit card]
[We also collect your personal information from other companies.]
OR
[We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.]
Why can’t I limit all sharing?
Federal law gives you the right to limit only
sharing for affiliates’ everyday business purposes-information about
your creditworthiness.
affiliates from using your information to market to you
sharing for nonaffiliates to market to you.
State laws and individual companies may give you additional rights to limit
sharing. [See below for more on your rights under state law.]
What happens when I limit sharing for an account I
hold jointly with someone else?
[Your choices will apply to everyone on your account.]
OR
[Your choices will apply to everyone on your account – unless you tell us
otherwise.]
Definitions
Affiliates
Companies related by common ownership or control. They can be financial
and nonfinancial companies
[affiliate information]
Nonaffiliates
Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
[nonaffiliate information]
Joint marketing
A formal agreement between nonaffiliated financial companies that together
market financial products or services to you.
[joint marketing information]
Other important information
[insert other important information]
Version 4: Optional Mail-in Form
-------------------------------------------------------------------------------------------------------------------------------------------------
Mail-in Form
Leave Blank
OR
[If you have a joint
account your choice(s) will
apply to everyone on your
account unless you mark
below
___ Apply my choices
only to me]
Mark any/all you want to limit:
__Do not share information about my creditworthiness with your affiliates for their everyday business
purposes.
__Do not allow your affiliates to use my personal information to market to me.
__Do not share my personal information with nonaffiliates to market their products and services to me.
Name
Address
City, State, Zip
[Account #]
Mail To: [Name of Licensee], [Address 1]
[Address 2], [City]. [ST] [ZIP]
-------------------------------------------------------------------------------------------------------------------------------------------------
1
Attachment B – General Instructions
1.
How the model privacy form is used.
(a) The model form may be used, at the option of a licensee, including a group of
licensees or financial institutions that use a common privacy notice, to meet the content
requirements of the privacy notice and opt-out notice set forth in 806 KAR 3:210 Sections 8 and
9.
(b) The model form is a standardized form, including page layout, content, format, style,
pagination, and shading. Licensees seeking to obtain the safe harbor through use of the model
form may modify it only as described in these instructions.
(c) Note that disclosure of certain information, such as assets, income, and information
from a consumer reporting agency, may give rise to obligations under the Fair Credit Reporting
Act [15 U.S.C. 1681 – 1681x] (FCRA), 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.
(d) The word “customer” may be replaced by the word “member” whenever it appears in
the model form, as appropriate.
2.
The contents of the model privacy form.
The model form consists of two pages, which may be printed on both sides of a single
sheet of paper, or may appear on two separate pages. Where a licensee provides a long list of
licensees or financial institutions at the end of the model form in accordance with Instruction
C.3(a)(1), or provides additional information in accordance with Instruction C.3(c), and such list
or additional information exceeds the space available on page two of the model form, such list or
additional information may extend to a third page.
(a)
Page One. The first page consists of the following components:
(1)
Date last revised (upper right-hand corner).
(2)
Title
(3)
Key frame (Why?, What?, How?).
(4)
Disclosure table (“Reasons we can share your personal information”).
2
(5)
“To limit our sharing” box, as needed, for the financial institution’s optout
information.
(6)
“Questions” box, for customer service contact information.
(7)
Mail-in opt-out form, as needed.
(b)
Page Two. The second page consists of the following components:
(1)
Heading (Page 2).
(2)
Frequently Asked Questions (“Who we are” and “What we do”).
(3)
Definitions.
(4)
“Other important information” box, as needed.
3.
The format of the model privacy form.
The format of the model form may be modified only as described below.
(a)
Easily readable type font. Licensees that use the model form must use an easily
readable type font. While a number of factors together produce easily readable
type font, licensees are required to use a minimum of 10-point font (unless
otherwise expressly permitted in these Instructions) and sufficient spacing
between the lines of type.
(b)
Logo. A licensee may include a corporate logo on any page of the notice, so long
as it does not interfere with the readability of the model form or the space
constraints of each page.
(c)
Page size and orientation. Each page of the model form must be printed on paper
in portrait orientation, the size of which must be sufficient to meet the layout and
minimum font size requirements, with sufficient white space on the top, bottom,
and sides of the content.
(d)
Color. The model form must be printed on white or light color paper (such as
cream) with black or other contrasting ink color. Spot color may be used to
achieve visual interest, so long as the color contrast is distinctive and the color
does not detract from the readability of the model form. Logos may also be
printed in color.
(e)
Languages. The model form may be translated into languages other than English.
1
Attachment C - Information Required in the Model Privacy Form
The information in the model form may be modified only as described below:
1.
Name of the licensee or group of affiliated licensees or institutions providing the
notice.
Insert the name of the licensee providing the notice or a common identity of affiliated
licensees or institutions jointly providing the notice on the form wherever [name of
licensee] appears.
2.
Page one.
(a)
Last revised date. The licensee must insert in the upper right-hand corner the date
on which the notice was last revised. The information shall appear in minimum 8-
point font as “rev. [month/year]” using either the name or number of the month,
such as “rev. July 2009” or “rev. 7/09”.
(b)
General instructions for the “What?” box.
(1)
The bulleted list identifies the types of personal information that the
licensee collects and shares. All licensees must use the term “Social
Security number” in the first bullet.
(2)
Licensees must use five (5) of the following terms to complete the bulleted
list: income; account balances; payment history; transaction history;
transaction or loss history; credit history; credit scores; assets; investment
experience; credit-based insurance scores; insurance claim history;
medical information; overdraft history; purchase history; account
transactions; risk tolerance; medical-related debts; credit card or other
debt; mortgage rates and payments; retirement assets; checking account
information; employment information; wire transfer instructions.
(c)
General instructions for the disclosure table. The left column lists reasons for
sharing or using personal information. Each reason correlates to a specific legal
provision described in paragraph C.2(d) of this Instruction. In the middle column,
each licensee must provide a “Yes” or “No” response that accurately reflects its
information sharing policies and practices with respect to the reason listed on the
left. In the right column, each licensee must provide in each box one of the
following three (3) responses, as applicable, that reflects whether a consumer can
limit such sharing: “Yes” if it is required to or voluntarily provides an opt-out;
“No” if it does not provide an opt-out; or “We don’t share” if it answers “No” in
the middle column. Only the sixth row (“For our affiliates to market to you”) may
be omitted at the option of the licensee. See paragraph C.2(d)(6) of this
Instruction.
(d)
Specific disclosures and corresponding legal provisions.
2
(1)
For our everyday business purposes. This reason incorporates sharing
information under 806 KAR 3:210 Section 16 and 17 and with service
providers pursuant to 806 KAR 3:210 Section 15 other than the purposes
specified in paragraphs C.2(d)(2) or C.2(d)(3) of these Instructions.
(2)
For our marketing purposes. This reason incorporates sharing information
with service providers by a licensee for its own marketing pursuant to 806
KAR 3:210 Section 15. A licensee that shares for this reason may choose
to provide an opt-out.
(3)
For joint marketing with other financial companies. This reason
incorporates sharing information under joint marketing agreements
between two or more licensees or financial institutions and with any
service provider used in connection with such agreements pursuant
to 806 KAR 3:210 Section 15. A licensee that shares for this reason may
choose to provide an opt-out.
(4)
For our affiliates’ everyday business purposes – information about
transactions
and experiences. This
reason incorporates
sharing
information specified in sections 603(d)(2)(A)(i) and (ii) of the FCRA. A
licensee that shares for this reason may choose to provide an opt-out.
(5)
For our affiliates’ everyday business purposes – information about
creditworthiness. This reason incorporates sharing information pursuant to
section 603(d)(2)(A)(iii) of the FCRA. A licensee that shares for this
reason must provide an opt-out.
(6)
For our affiliates to market to you. This reason incorporates sharing
information specified in section 624 of the FCRA. This reason may be
omitted from the disclosure table when: the licensee does not have
affiliates (or does not disclose personal information to its affiliates); the
licensee’s affiliates do not use personal information in a manner that
requires an opt-out; or the licensee provides the affiliate marketing notice
separately. Licensees that include this reason must provide an opt-out of
indefinite duration. A licensee that is required to provide an affiliate
marketing opt-out, but does not include that opt-out in the model form
under this part, must comply with section 624 of the FCRA and 806 KAR
3:210, with respect to the initial notice and opt-out and any subsequent
renewal notice and opt-out. A licensee not required to provide an opt-out
under this subparagraph may elect to include this reason in the model
form.
(7)
For nonaffiliates to market to you. This reason incorporates sharing
described in 806 KAR 3:210 Sections 9 and 12(1). A licensee that shares
personal information for this reason must provide an opt-out.
(e)
To limit our sharing: A licensee must include this section of the model form only
if it provides an opt-out. The word “choice” may be written in either the singular
or plural, as appropriate. Licensees must select one or more of the applicable optout methods described: telephone, such as by a toll-free number; a Website; or use
of a mail-in opt-out form. Licensees may include the words “toll-free” before
telephone, as appropriate. A licensee that allows consumers to opt out online must
provide either a specific Web address that takes consumers directly to the opt-out
3
page or a general Web address that provides a clear and conspicuous direct link to
the opt-out page. The opt-out choices made available to the consumer who
contacts the licensee through these methods must correspond accurately to the
“Yes” responses in the third column of the disclosure table. In the part titled
“Please note” licensees may insert a number that is 30 or greater in the space
marked “[30].” Instructions on voluntary or state privacy law opt-out information
are in paragraph C.2(g)(5) of these Instructions.
(f)
Questions box. Customer service contact information must be inserted as
appropriate, where [phone number] or [website] appear. Licensees may elect to
provide either a phone number, such as a toll-free number, or a Web address, or
both. Licensees may include the words “toll-free” before the telephone number,
as appropriate.
(g)
Mail-in opt-out form. Licensees must include this mail-in form only if they state
in the “To limit our sharing” box that consumers can opt out by mail. The mail-in
form must provide opt-out options that correspond accurately to the “Yes”
responses in the third column in the disclosure table. Licensees that require
customers to provide only name and address may omit the section identified as
“[account #].” Licensees that require additional or different information, such as a
random opt-out number or a truncated account number, to implement an opt-out
election should modify the “[account #]” reference accordingly. This includes
licensees that require customers with multiple accounts to identify each account to
which the opt-out should apply. A licensee must enter its opt-out mailing address:
in the far right of this form (see version 3); or below the form (see version 4). The
reverse side of the mail-in opt-out form must not include any content of the
model form.
(1)
Joint accountholder. Only licensees that provide their joint accountholders
the choice to opt out for only one accountholder, in accordance with
paragraph C.3(a)(5) of these Instructions, must include in the far left
column of the mail-in form the following statement: “If you have a joint
account, your choice(s) will apply to everyone on your account unless you
mark below. □ Apply my choice(s) only to me.” The word “choice” may
be written in either the singular or plural, as appropriate. Licensees that
provide insurance products or services, provide this option, and elect to
use the model form may substitute the word “policy” for “account” in this
statement. Licensees that do not provide this option may eliminate this left
column from the mail-in form.
(2)
FCRA Section 603(d)(2)(A)(iii) opt-out. If the licensee shares personal
information pursuant to section 603(d)(2)(A)(iii) of the FCRA, it must
include in the mail-in opt-out form the following statement: “□ Do not
share information about my creditworthiness with your affiliates for their
everyday business purposes.”
(3)
FCRA Section 624 opt-out. If the licensee incorporates section 624 of the
FCRA in accord with paragraph C.2(d)(6) of these Instructions, it must
include in the mail-in opt-out form the following statement: “□ Do not
allow your affiliates to use my personal information to market to me.”
4
(4)
Nonaffiliate opt-out. If the licensee shares personal information pursuant
to 806 KAR 3:210 Section 12(1), it must include in the mail-in opt-out
form the following statement: “□ Do not share my personal information
with nonaffiliates to market their products and services to me.”
(5)
Additional opt-outs. Licensees that use the disclosure table to provide optout options beyond those required by Federal law must provide those optouts in this section of the model form. A licensee that chooses to offer an
opt-out for its own marketing in the mail-in opt-out form must include one
of the two following statements: “□ Do not share my personal
information to market to me.” or “□ Do not use my personal information
to market to me.” A licensee that chooses to offer an opt-out for joint
marketing must include the following statement: “□ Do not share my
personal information with other financial institutions to jointly market to
me.”
(h)
Barcodes. A licensee may elect to include a barcode and/or “tagline” (an internal
identifier) in 6-point font at the bottom of page one, as needed for information
internal to the institution/licensee, so long as these do not interfere with the clarity
or text of the form.
3.
Page two.
(a)
General Instructions for the Questions. Certain of the Questions may be
customized as follows:
(1)
“Who is providing this notice?” This question may be omitted where only
one licensee provides the model form and that licensee is clearly identified
in the title on page one. Two or more licensees or financial institutions that
jointly provide the model form must use this question to identify
themselves as required by 806 KAR 3:210 Section 11(6). Where the list
of licensees or financial institutions exceeds four (4) lines, the licensee
must describe in the response to this question the general types of
licensees or financial institutions jointly providing the notice and must
separately identify those licensees or financial institutions, in minimum 8-
point font, directly following the “Other important information” box, or, if
that box is not included in the institution’s form, directly following the
“Definitions.” The list may appear in a multi-column format.
(2)
“How does [name of licensee] protect my personal information?” The
licensee may only provide additional information pertaining to its
safeguards practices following the designated response to this question.
Such information may include information about the institution’s
licensee’s use of cookies or other measures it uses to safeguard personal
information. Licensees are limited to a maximum of 30 additional words.
(3)
“How does [name of licensee] collect my personal information?”
Licensees must use five (5) of the following terms to complete the bulleted
list for this question: open an account; deposit money; pay your bills;
apply for a loan; use your credit or debit card; seek financial or tax advice;
apply for insurance; pay insurance premiums; file an insurance claim; seek
advice about your investments; buy securities from us; sell securities to us;
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direct us to buy securities; direct us to sell your securities; make deposits
or withdrawals from your account; enter into an investment advisory
contract; give us your income information; provide employment
information; give us your employment history; tell us about your
investment or retirement portfolio; tell us about your investment or
retirement earnings; apply for financing; apply for a lease; provide account
information; give us your contact information; pay us by check; give us
your wage statements; provide your mortgage information; make a wire
transfer; tell us who receives the money; tell us where to send the money;
show your government-issued ID; show your driver’s license; order a
commodity futures or option trade. Licensees that collect personal
information from their affiliates and/or credit bureaus must include after
the bulleted list the following statement: “We also collect your personal
information from others, such as credit bureaus, affiliates, or other
companies.” Licensees that do not collect personal information from their
affiliates or credit bureaus but do collect information from other
companies must include the following statement instead: “We also collect
your personal information from other companies.” Only licensees that do
not collect any personal information from affiliates, credit bureaus, or
other companies can omit both statements.
(4)
“Why can’t I limit all sharing?” Licensees that describe state privacy law
provisions in the “Other important information” box must use the
bracketed sentence: “See below for more on your rights under state law.”
Other licensees must omit this sentence.
(5)
“What happens when I limit sharing for an account I hold jointly with
someone else?” Only licensees that provide opt-out options must use this
question. Other licensees must omit this question. Licensees must choose
one of the following two statements to respond to this question: “Your
choices will apply to everyone on your account.” or “Your choices will
apply to everyone on your account–unless you tell us otherwise.”
Licensees that provide insurance products or services and elect to use the
model form may substitute the word “policy” for “account” in these
statements.
(b)
General Instructions for the Definitions. The licensee must customize the space
below the responses to the three definitions in this section. This specific
information must be in italicized lettering to set off the information from the
standardized definitions.
(1)
Affiliates. As required by §248.6(a)(3) of this part 806 KAR 3:210
Section 8(1)(c), where [affiliate information] appears, the licensee must:
(i)
If it has no affiliates, state: “[name of licensee] has no affiliates”;
(ii)
If it has affiliates but does not share personal information, state:
“[name of licensee] does not share with our affiliates”; or
(iii)
If it shares with its affiliates, state, as applicable: “Our affiliates
include companies with a [common corporate identity of licensee]
name; financial companies such as [insert illustrative list of
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companies]; nonfinancial companies, such as [insert illustrative
list of companies;] and others, such as [insert illustrative list].”
(2)
Nonaffiliates. As required by §248.6(c)(3) of this part 806 KAR 3:210
Section 8(3)(c), where [nonaffiliate information] appears, the licensee
must:
(i)
If it does not share with nonaffiliated third parties, state: “[name of
licensee] does not share with nonaffiliates so they can market to
you”; or
(ii)
If it shares with nonaffiliated third parties, state, as applicable:
‘‘Nonaffiliates we share with can include [list categories of
companies such as mortgage companies, insurance companies,
direct marketing
companies, and nonprofit organizations].”
(3)
Joint Marketing. As required by §248.13 of this part 806 KAR 3:210
Section 15, where [joint marketing] appears, the licensee must:
(i)
If it does not engage in joint marketing, state: “[name of licensee]
doesn’t jointly market”; or
(ii)
If it shares personal information for joint marketing, state, as
applicable: “Our joint marketing partners include [list categories
of companies such
as credit card companies].”
(c)
General instructions for the “Other important information” box. This box is
optional. The space provided for information in this box is not limited. Only the
following types of information can appear in this box.
(1)
State and/or international privacy law information; and/or
(2)
Acknowledgment of receipt form.