NAC679B.862. Delivery of notices.

     1. A licensee shall deliver any notice required pursuant to NAC 679B.800 to 679B.878, inclusive, so that a consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.

     2. A licensee may reasonably expect that a consumer will receive actual notice if the licensee:

     (a) Hand-delivers a printed copy of the notice to the consumer;

     (b) Mails a printed copy of the notice separately, or with a policy, bill or other written communication, to the last known address of the consumer;

     (c) For a consumer who conducts transactions electronically, posts the notice electronically and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular insurance product or service; or

     (d) For an isolated transaction with a consumer, posts the notice and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular insurance product or service.

     3. A licensee may not reasonably expect that a consumer will receive actual notice of the privacy policies and practices if the licensee:

     (a) Only posts a notice in the office of the licensee;

     (b) Only publishes a general advertisement of the privacy policies and practices of the licensee; or

     (c) Sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.

     4. A licensee may reasonably expect that a customer will receive actual notice of the annual privacy notice of the licensee if:

     (a) The customer uses the website of the licensee to access insurance products and services electronically and agrees to receive notices at the website, and the licensee continuously posts a current privacy notice in a clear and conspicuous manner on the website; or

     (b) The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the current privacy notice of the licensee remains available to the customer upon request.

     5. A licensee may not provide any notice required pursuant to NAC 679B.800 to 679B.878, inclusive, solely by oral means, whether in person or by telephone.

     6. A licensee shall provide customers with the following notices in a manner that allows a customer to retain or later obtain the notice in writing or, if the customer agrees, electronically:

     (a) The initial notice required pursuant to NAC 679B.842;

     (b) The annual notice required pursuant to NAC 679B.844; and

     (c) The revised notice required pursuant to NAC 679B.860, if any.

     7. A licensee provides a privacy notice to the customer that the customer may retain or obtain later if the licensee:

     (a) Hand-delivers a printed copy of the notice to the customer;

     (b) Mails a printed copy of the notice to the last known address of the customer; or

     (c) Makes the current privacy notice of the licensee available on a website or a link to another website for a customer who:

          (1) Obtains an insurance product or service electronically; and

          (2) Agrees to receive the notice at the website.

     8. A licensee may provide a joint notice from the licensee and one or more affiliates or other financial institutions as identified in the notice if the notice is accurate with respect to the licensee and the other institutions. A licensee may also provide a notice on behalf of another financial institution.

     9. If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may satisfy the initial, annual and revised notice requirements of NAC 679B.842, 679B.844 and 679B.860, respectively, by providing one notice to those consumers jointly.

     10. For purposes of this section, an isolated transaction with a consumer includes, without limitation, a licensee providing an insurance quote or selling travel insurance to a consumer.

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