Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 100 - Insurer Conduct › Chapter 6 - Privacy of Consumer Information › Appendix A - SAMPLE CLAUSES

Current through Register Vol. 49, No. 14, July 15, 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 subparagraph (2)(C)1.A. to describe the categories of non-public
				  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 sub-paragraph (2)(C)1.B. 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 subsections (4)(A), (4)(B), and (4)(C).
Sample Clause A-2, Alternative 1: We may disclose the
				  following kinds of non-public 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 subparagraphs (2)(C)1.B., (2)(C)1.C., and (2)(C)1.D. 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
				  subsections (4)(B) and (4)(C).
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 subparagraph (2)(C)1.C. 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
				  subsections (4)(A), (4)(B), and (4)(C), as well as when permitted by the
				  exceptions in subsections (4)(B) and (4)(C). 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 sub-paragraph (2)(C)1.E. related to the exception for
				  service providers and joint marketers in subsection (4)(A). 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 subparagraph (2)(C)1.F. to provide an explanation of the
				  consumer's right to opt out of the disclosure of nonpublic personal information
				  to nonaf-filiated 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 subsections (4)(A), (4)(B), and (4)(C).
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
				  thandisclosures 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 subparagraph (2)(C)1.H. 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 rules
				  to guard your nonpublic personal information.
*Original authority: 362.422, RSMo 2001 and 374.045, RSMo
					 1967 amended 1993, 1995.