Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9955 - Appendix A-Sample Clauses

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  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 §9915. A.1 to describe the categories of nonpublic personal
					 information the licensee collects.
Sample Clause A-1:
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 §9915. A.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 §9929
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 §9915. A 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 §9931
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 §9915. A.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 §9933, as
					 well as when permitted by the exceptions in §9933
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 §9915. A.5 related to the exception for service
					 providers and joint marketers in §9929 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 §9915A.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 §9929
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 §9915. A.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.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 3 and Gramm-Leach-Bliley Act,
					 Public Law
					 106-102 -Nov. 12,
					 1999.