Alabama Administrative Code › Title 482 - ALABAMA DEPARTMENT OF INSURANCE › Chapter 482-1-122 - PRIVACY OF NONPUBLIC PERSONAL FINANCIAL INFORMATION › Appendix A - Sample Clauses

Current through Register Vol. 42, No. 9, June 28, 2024
Licensees, including a group of financial holding company
				affiliates that use a common privacy notice, may use the following sample
				clauses, if the clause is accurate for each institution that uses the notice.
				(Note that disclosure of certain information, such as assets, income and
				information from a consumer reporting agency, may give rise to obligations
				under the federal Fair Credit Reporting Act, 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.)
A-1-Categories of information a licensee collects (all
				institutions)
A licensee may use this clause, as applicable, to meet the
				requirement of Section 7A(1) to describe the categories of nonpublic personal
				information the licensee collects. Sample Clause A-l:
We collect nonpublic personal 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.
A-2-Categories of information a licensee discloses
				(institutions that disclose outside of the exceptions)
A licensee may use one of these clauses, as applicable, to meet
				the requirement of Section 7A(2) to describe the categories of nonpublic
				personal information the licensee discloses. The licensee may use these clauses
				if it discloses nonpublic personal information other than as permitted by the
				exceptions in Sections 14, 15 and 16.
Sample Clause A-2, Alternative 1:
We may disclose the following kinds of nonpublic personal
				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"].
Sample Clause A-2, Alternative 2:
We may disclose all of the information that we collect, as
				described [describe location in the notice, such as "above" or "below"].
A-3-Categories of information a licensee discloses and parties
				to whom the licensee discloses (institutions that do not disclose outside of
				the exceptions)
A licensee may use this clause, as applicable, to meet the
				requirements of Sections 7A(2), (3), and (4) to describe the categories of
				nonpublic personal 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 this clause if the
				licensee does not disclose nonpublic personal information to any party, other
				than as permitted by the exceptions in Sections 15 and 16.
Sample Clause A-3:
We do not disclose any nonpublic personal information about our
				customers or former customers to anyone, except as permitted by law.
A-4-Categories of parties to whom a licensee discloses
				(institutions that disclose outside of the exceptions)
A licensee may use this clause, as applicable, to meet the
				requirement of Section 7A(3) to describe the categories of affiliates and
				nonaffiliated third parties to whom the licensee discloses nonpublic personal
				information. This clause may be used if the licensee discloses nonpublic
				personal information other than as permitted by the exceptions in Sections 14,
				15 and 16, as well as when permitted by the exceptions in Sections 15 and
				16.
Sample Clause A-4:
We may disclose nonpublic personal 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 agents"];
* Non-financial companies, such as [provide illustrative
				examples, such as "retailers, direct marketers, airlines, and publishers"];
				and
* Others, such as [provide illustrative examples, such as
				"non-profit organizations"].
We may also disclose nonpublic personal information about you
				to nonaffiliated third parties as permitted by law.
A-5-Service provider/joint marketing exception
A licensee may use one of these clauses, as applicable, to meet
				the requirements of Section 7A(5) related to the exception for service
				providers and joint marketers in Section 14. If a licensee discloses nonpublic
				personal information under this exception, the licensee shall describe the
				categories of nonpublic personal information the licensee discloses and the
				categories of third parties with which the licensee has contracted.
Sample Clause A-5, Alternative 1:
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"].
Sample Clause A-5, Alternative 2:
We may disclose all of 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.
A-6-Explanation of opt out right (institutions that disclose
				outside of the exceptions)
A licensee may use this clause, as applicable, to meet the
				requirement of Section 7A(6) to provide an explanation of the consumer's right
				to opt out of the disclosure of nonpublic personal information to nonaffiliated
				third parties, including the method(s) by which the consumer may exercise that
				right. The licensee may use this clause if the licensee discloses nonpublic
				personal information other than as permitted by the exceptions in Sections 14,
				15 and 16.
Sample Clause A-6:
If you prefer that we not disclose nonpublic personal
				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)].
A-7-Confidentiality and security (all institutions)
A licensee may use this clause, as applicable, to meet the
				requirement of Section 7A(8) to describe its policies and practices with
				respect to protecting the confidentiality and security of nonpublic personal
				information.
Sample Clause A-7:
We restrict access to nonpublic personal 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 information.
Author:
Reyn Norman, Associate Counsel
Statutory Authority:
Code of Ala.
				  1975
, §
										27-2-17; §20, Act 2001-702;
				  15 U.S.C. §§
											6801-6827.