Requirements for Compliance with Privacy Notices

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Nebraska DOI Insurance Guidance Documents and Company Bulletins › Requirements for Compliance with Privacy Notices

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STATE OF NEBRASKA

Dave Heineman

Governor

DEPARTMENT OF INSURANCE

Bruce R. Ramge

Director

941 O Street, Suite 400 • PO Box 82089 • Lincoln, Nebraska 68501-2089

Phone (402) 471-2201 • Facsimile (402) 471-4610 • Website http://www.doi.ne.gov

An Equal Opportunity/Affirmative Action Employer

BULLETIN

SUBJECT: REQUIREMENTS FOR COMPLIANCE WITH PRIVACY NOTICES

The purpose of this bulletin is to set forth the views of the Nebraska Department of

Insurance regarding insurance companies’ compliance with requirements for Gramm

Leach Bliley Act (GLBA) privacy notices set forth 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

agencies1 adopted a simplified Federal Model Privacy Form. The 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 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 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 the Nebraska

Privacy of Insurance Consumer Information Act, Neb.Rev.Stat. §§44-901 to 44-925.

Use of Model Privacy Form

The use of the Model Privacy Form set forth in Attachment A of this bulletin, consistent

with the instructions set forth in Attachments B and C, constitutes compliance with the

notice content requirements of Neb.Rev.Stat. §§44-906 and 44-907

he notice content requirements of the Nebraska

Privacy of Insurance Consumer Information Act, Neb.Rev.Stat. §§44-901 to 44-925.

Use of Model Privacy Form

The use of the Model Privacy Form set forth in Attachment A of this bulletin, consistent

with the instructions set forth in Attachments B and C, constitutes compliance with the

notice content requirements of Neb.Rev.Stat. §§44-906 and 44-907.

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 the Nebraska Privacy of Insurance Consumer Information Act,

Neb.Rev.Stat. §§44-901 to 44-925.

1 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).

December 7, 2011

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Use of Other Types of Privacy Notices

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. §§44-906 and 44-908.

Information to be Included in Privacy Notices

Under Neb.Rev.Stat. §44-906(2), if a licensee discloses nonpublic personal information

to third parties as authorized under Neb.Rev.Stat. §§44-915 and 44-916, the licensee is

not required to list those exceptions in the initial or annual privacy notices required by

Neb.Rev.Stat. §§44-904 and 44-905

rements of Neb.Rev.Stat. §§44-906 and 44-908.

Information to be Included in Privacy Notices

Under Neb.Rev.Stat. §44-906(2), if a licensee discloses nonpublic personal information

to third parties as authorized under Neb.Rev.Stat. §§44-915 and 44-916, the licensee 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 licensee to state that it makes disclosures to other nonaffiliated

companies:

(1) For our everyday business purposes, such as [include 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.

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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)

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Version 1:

Model Form with No Opt-Out

Rev. [insert date]

FACTS

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

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

information

Does [name of

license] share?

Can you limit

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]

PRIOR VERSION

r 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]

PRIOR VERSION

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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 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

ual 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]

PRIOR VERSION

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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?

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

nger 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

information

Does [name of

license] share?

Can you limit

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]

PRIOR VERSION

it 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]

PRIOR VERSION

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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 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

ual 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]

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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?

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

•

[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

information

Does [name of

license] share?

Can you limit

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

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:

Address

City, State, Zip

[Name of licensee]

[Address 1]

[Address 2]

[Account #]

[City, State, Zip]

PRIOR VERSION

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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

SION

9 of 18

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December 7, 2011

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 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]

Other important information

[insert other important information]

PRIOR VERSION

mpanies 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]

PRIOR VERSION

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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]

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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.

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.

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.

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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.

ite 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.

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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.

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.

sponses, 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.

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(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.

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.

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

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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.

formation 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

r 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

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“□ 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.”

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“□ 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 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, 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:

e.”

(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.

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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.

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(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

etirement 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.

uestion. 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:

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(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:

s

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.

Questions concerning this bulletin should be directed to the Department’s legal division at

402-471-2201.

Bruce R. Ramge

Director

PRIOR VERSION

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Requirements for Compliance with Privacy Notices · NE Insurance Company Bulletin CB-127 | Frix