Requirements for Compliance with Privacy Notices
NebraskaAgency guidance
Ask Donna
How this section applies to your facts.
Nebraska DOI Insurance Guidance Documents and Company Bulletins › Requirements for Compliance with Privacy Notices
Text
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
CB-127
1 of 18
PRIOR VERSION
2 of 18
CB-127
December 7, 2011
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.
PRIOR VERSION
3 of 18
CB-127
December 7, 2011
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)
PRIOR VERSION
4 of 18
CB-127
December 7, 2011
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
5 of 18
CB-127
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
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
6 of 18
CB-127
December 7, 2011
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
7 of 18
CB-127
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
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
8 of 18
CB-127
December 7, 2011
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
9 of 18
CB-127
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
SION
9 of 18
CB-127
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
10 of 18
CB-127
December 7, 2011
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]
PRIOR VERSION
11 of 18
CB-127
December 7, 2011
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.
PRIOR VERSION
12 of 18
CB-127
December 7, 2011
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.
PRIOR VERSION
13 of 18
CB-127
December 7, 2011
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.
PRIOR VERSION
14 of 18
CB-127
December 7, 2011
(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
PRIOR VERSION
15 of 18
CB-127
December 7, 2011
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
PRIOR VERSION
16 of 18
CB-127
December 7, 2011
“□ 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.”
CB-127
December 7, 2011
“□ 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.
PRIOR VERSION
17 of 18
CB-127
December 7, 2011
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.
PRIOR VERSION
17 of 18
CB-127
December 7, 2011
(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:
PRIOR VERSION
18 of 18
CB-127
December 7, 2011
(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.