19 MAC Pt. 1, R. 28.10
Delivery
Cite as 19 Miss. Admin. Code Pt. 1, R. 28.10
Delivery
A. How to provide notices. A licensee shall provide any notices that this regulation requires
so that each consumer can reasonably be expected to receive actual notice in writing or, if
the consumer agrees, electronically.
B. Examples of reasonable expectation of actual notice.
1. A licensee may reasonably expect that a consumer will receive actual notice if the
licensee:
a. Hand delivers a printed copy of the notice to the consumer;
b. 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;
c. 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; or
d. 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.
2. 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:
a. Only posts a sign in its office or generally publishes advertisements of its
privacy policies and practices; or
b. Sends the notice via electronic mail to a consumer who does not obtain an
insurance product or service from the licensee electronically.
C. Annual notices only. A licensee may reasonably expect that a customer will receive
actual notice of the licensee's annual privacy notice if:
1. 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
2. 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.
D. Oral description of notice insufficient. A licensee may not provide any notice required
by this regulation solely by orally explaining the notice, either in person or over the
telephone.
E. Retention or accessibility of notices for customers.
1. For customers only, a licensee shall provide the initial notice required by Section
5A(1), the annual notice required by Section 6A, and the revised notice required
by Section 9 so that the customer can retain them or obtain them later in writing
or, if the customer agrees, electronically.
2. 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:
a. Hand delivers a printed copy of the notice to the customer;
b. Mails a printed copy of the notice to the last known address of the
customer; or
c. 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.
F. 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.
G. 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 5A, 6A and 9A, respectively, by providing one notice to those
consumers jointly.