NE Insurance Guidance Document IGD-D4
Requirements for Compliance with Privacy
Nebraska Department of Insurance
Guidance Document
IGD - - D4
Title:
Requirements for Compliance with Privacy Notices
Issue Date:
October 20, 2022
Previously: Issued as CB-127, December 7, 2011
Notice:
This guidance document is advisory in nature but is binding on an agency until amended
by such agency. A guidance document does not include internal procedural documents
that only affect the internal operations of the agency and does not impose additional
requirements or penalties on regulated parties or include confidential information or rules
and regulations made in accordance with the Administrative Procedure Act. If you believe
that this guidance document imposes additional requirements or penalties on regulated
parties, you may request a review of the document.
This guidance document shares the view of the Nebraska Department of Insurance “NDOI” regarding
insurance companies’ compliance with requirements for Gramm Leach Bliley Act “GLBA” privacy
notices outlined in the Nebraska Privacy of Insurance Consumer Information Act, NEB.REV.STAT §§
44-901 to 44-925.
As required by the Financial Services Regulatory Relief Act of 2006, eight federal agencies adopted a
simplified Federal Model Privacy Form. Federally regulated financial institutions developed the
Federal Model Privacy Form to increase policyholders’ understanding and ability to make informed
decisions regarding the sharing of personal information as required by the privacy provisions of
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.
Insurance companies that do business in this state may use the 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 NEB.REV.STAT §§ 44-901 to 44-925.
Use of Model Privacy Form
The use of the Model Privacy Form outlined in Attachment A of this guidance document, consistent
with the instructions outlined in Attachments B and C, constitutes compliance with the notice content
requirements of NEB.REV.STAT §§ 44-906 to 44-907.
Insurers may rely on the attached Model Privacy Form as a safe harbor of compliance with the
privacy notice content requirements of NEB.REV.STAT §§ 44-901 to 44-925.
Use of Other Types of Privacy Notices
The use of the attached Model Privacy Form is not required. Insurers may continue to use other types
of privacy notices to meet the requirements of NEB.REV.STAT §§ 44-906 and 44-907 so long as the
notices accurately describe the insurer’s privacy practices and otherwise meet the requirements of
NEB.REV.STAT §§ 44-904 and 44-905.
Information to be Included in Privacy Notices
Under NEB.REV.STAT §§ 44-906(2), if a licensed discloses non-public personal information to third
parties as authorized under NEB.REV.STAT §§ 44-915 and 44-916, the license is not required to list
those exceptions in the initial or annual privacy notices required by NEB.REV.STAT §§ 44-904 and 44-
905.
When describing the categories of parties to whom these disclosures are made, it is sufficient for the
license to state that it makes disclosures to other non-affiliated companies:
(1). For our everyday business purposes, such as [included all that apply] 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
Attachment A – Model Privacy Form
There are four versions of the Model Privacy Form
• Version 1: Model Form with No Opt-Out (pages 4-5)
• Version 2: Model Form with Opt-Out by Telephone and/or Online
(pages 6-7)
• Version 3: Model with Mail-in Opt-Out Form (pages 8-9)
• Version 4: Optional Mail-in Form (page10)
Version 1:
Model Form with No
Opt-Out
WHAT DOES [NAME OF LICENSEE] DO WITH YOUR
PERSONAL INFORMATION?
Rev. [insert date]
Why?
Financial companies 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 balances] 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?
All financial companies need to share customers’ personal information to run their
everyday business. In the section below, we list the reasons financial companies 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
Does [name of
Can you limit
information
license] share?
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
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 you
For nonaffiliates to market you
Questions?
Call [phone number] or go to [website]
FACTS
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 an 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]
Page 2
[insert other important information]
Other important information
Version 2:
Model Form with Opt-Out by Telephone and/or Online
Rev. [insert date]
WHAT DOES [NAME OF LICENSEE] DO WITH YOUR
Why?
Financial companies 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 balances] 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?
All financial companies need to share customers’ personal information to run their
everyday business. In the section below, we list the reasons financial companies 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
Does [name of
Can you limit
information
license] share?
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
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 you
For nonaffiliates to market 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]
PERSONAL INFORMATION?
FACTS
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 an 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]
Page 2
[insert other important information]
Other important information
-
Version 3: Model Form with Mail-in Opt-Out Form
WHAT DOES [NAME OF LICENSEE] DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies 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 balances] and [payment history]
•
[credit history] and [credit scores]
How?
All financial companies need to share customers’ personal information to run their
everyday business. In the section below, we list the reasons financial companies 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
Does [name of
Can you limit
information
license] share?
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
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 you
For nonaffiliates to market 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]
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]
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, State, Zip]
Address
City, State, Zip
[Account #]
FACTS
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 an 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]
Page 2
[insert other important information]
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]
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, State, Zip]
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
Neb.Rev.Stat. §§44-906 and 44-907.
(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 Action [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”).
(5)
“To limit our sharing” box, as needed, for the financial institution’s
opt-out 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 fonts, 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 contract 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.
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 licensees 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 experiences; 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 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.
(1)
For our everyday business purposes. This reason incorporates
sharing information under Neb.Rev.Stat. §§44-915 and 44-916 and with
service providers pursuant to Neb.Rev.Stat. §44-913 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 {an institution} a licensee for its
own marketing pursuant to Neb.Rev.Stat. §44-914. 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
Neb.Rev.Stat. §§44-914. 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 the Nebraska Privacy of Insurance Consumer Information Act,
Neb.Rev.Stat. §§44-901 to 44-925, 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 Neb.Rev.Stat. §§44-907 and 44-910(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 opt-out methods described: telephone, such as by 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 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 names and addresses 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 {institution} 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)
Nonaffiliate opt-out. If the licensee shares personal information
pursuant to Neb.Rev.Stat. §44-910(1), it must include in the mail-in
opt-out form the following statement “□ Do note 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 opt-out options beyond those required by Federal law must
provide those opt-outs 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 optout 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, 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 Neb.Rev.Stat. §44-
909(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 multi-column format.
(2)
“How does [name of licensee] protect my personal information?”
The licensee may only provide additional information pertaining to its
safeguarding practices following the designated response to this
question. Such information may include information about the
licensee’s use of cookies or other measures it uses to safeguard personal
information. {Institutions} 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; 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 contract 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 Neb.Rev.Stat. §44-906(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 [common corporate
identity of licensee] name; financial companies such as
[insert illustrative list of companies]; nonfinancial
companies such as [insert illustrative list of
companies]; and others, such as [insert illustrative
list].”
(2)
Nonaffiliates. As required by Neb.Rev.Stat. §44-906 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,
marketing
companies, and nonprofit organizations].”
(3)
Joint Marketing. As required by Neb.Rev.Stat. §44-914 where
[joint marketing] appears, the {financial institution} licensee must:
(i)
If it does not engage in joint marketing, state: “[name
of licensees] 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)
Acknowledgement of receipt form.