NAC679B.852. Sample clauses for use by licensees in complying with requirements for privacy notices.

     1. Licensees, including, without limitation, a group of affiliates of a financial holding company that uses a common privacy notice, may use the sample clauses in this section for purposes of complying with the notices required pursuant to NAC 679B.800 to 679B.878, inclusive.

     2. The sample clauses in this section are not exclusive. A licensee who uses a sample clause shall, to the extent applicable, be deemed to be in compliance with the requirements of NAC 679B.800 to 679B.878, inclusive.

     3. To satisfy the requirements of NAC 679B.846 to describe the categories of nonpublic personal financial information the licensee collects, a licensee may use the following clause, which must be in substantially the following form:

     We collect nonpublic personal financial information about you from the following sources:

     Information we receive from you on applications or other forms;

     Information about your transactions with us, our affiliates or others; and

     Information we receive from a consumer reporting agency.

     4. A licensee may use the clause in paragraph (a) or (b), as applicable, to satisfy the requirements of NAC 679B.846 to describe the categories of nonpublic personal financial information the licensee discloses. A licensee may use a clause in this subsection if the licensee discloses nonpublic personal financial information other than as permitted by the exceptions in NAC 679B.870, 679B.872 and 679B.874. The clause must be in substantially one of the following forms:

     (a) We may disclose the following kinds of nonpublic personal financial information about you:

     Information we receive from you on applications or other forms, such as (provide illustrative examples, such as “your name, address, social security number, assets, income and beneficiaries”);

     Information about your transactions with us, our affiliates or others, such as (provide illustrative examples, such as “your policy coverage, premiums and payment history”); and

     Information we receive from a consumer reporting agency, such as (provide illustrative examples, such as “your creditworthiness and credit history”).

     (b) We may disclose all the information that we collect, as described (describe location in the notice, such as “above” or “below”).

     5. A licensee may use the clause contained in this subsection, as applicable, to satisfy the requirements of NAC 679B.846 to describe the categories of nonpublic personal financial information about customers and former customers that the licensee discloses and the categories of affiliates and nonaffiliated third parties to whom the licensee discloses. A licensee may use the following clause if the licensee does not disclose nonpublic personal financial information to any party, other than as authorized by NAC 679B.872 and 679B.874. The clause must be in substantially the following form:

     We do not disclose any nonpublic personal financial information about our customers or former customers to anyone, except as permitted by law.

     6. A licensee may use the clause contained in this subsection, as applicable, to meet the requirement of NAC 679B.846 to describe the categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information. The following clause may be used if the licensee discloses nonpublic personal financial information other than as authorized by NAC 679B.870, 679B.872 or 679B.874. The clause must be in substantially the following form:

     We may disclose nonpublic personal financial information about you to the following types of third parties:

     Financial service providers, such as (provide illustrative examples, such as “life insurers, automobile insurers, mortgage bankers, securities broker-dealers and insurance producers”);

     Nonfinancial companies, such as (provide illustrative examples, such as “retailers, direct marketers, airlines and publishers”); and

     Others, such as (provide illustrative examples, such as “nonprofit organizations”).

     We may also disclose nonpublic personal financial information about you to nonaffiliated third parties as permitted by law.

     7. A licensee may use the clause contained in paragraph (a) or (b), as applicable, to satisfy the requirements of NAC 679B.846 concerning the exception for service providers and joint marketers in NAC 679B.870. If a licensee discloses nonpublic personal financial information pursuant to the exception contained in NAC 679B.870, the licensee may describe the categories of nonpublic personal financial information the licensee discloses and the categories of third parties with which the licensee has contracted. The clause must be in substantially one of the following forms:

     (a) We may disclose the following information to companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements:

     Information we receive from you on applications or other forms, such as (provide illustrative examples, such as: “your name, address, social security number, assets, income and beneficiaries”);

     Information about your transactions with us, our affiliates or others, such as (provide illustrative examples, such as: “your policy coverage, premium, and payment history”); and

     Information we receive from a consumer reporting agency, such as (provide illustrative examples, such as: “your creditworthiness and credit history”).

     (b) We may disclose all the information we collect, as described (describe location in the notice, such as “above” or “below”) to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements.

     8. A licensee may use the clause contained in this subsection, as applicable, to satisfy the requirement of NAC 679B.846 to provide an explanation of the right of a consumer to opt out of the disclosure of nonpublic personal financial information to nonaffiliated third parties, including, without limitation, the method by which the consumer may exercise that right. The licensee may use the following clause if the licensee discloses nonpublic personal financial information other than as authorized by NAC 679B.870, 679B.872 and 679B.874. The clause must be in substantially the following form:

     If you prefer that we not disclose nonpublic personal financial information about you to nonaffiliated third parties, you may opt out of those disclosures, that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you wish to opt out of disclosures to nonaffiliated third parties, you may (describe a reasonable means of opting out, such as “call the following toll-free number: (insert number)”).

     9. A licensee may use the following clause, as applicable, to satisfy the requirements of NAC 679B.846 to describe the policies and practices of the licensee for protecting the confidentiality and security of nonpublic personal financial information, which clause must be in substantially the following form:

     We restrict access to nonpublic personal financial information about you to (provide an appropriate description, such as “those employees who need to know that information to provide products or services to you”). We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal financial information.

     (Added to NAC by Comm’r of Insurance by R130-01, eff. 12-17-2002)