North Dakota Administrative Code › Title 45 - Insurance, Commissioner of › Article 45-14 - Consumer Privacy › Chapter 45-14-01 - Privacy of Consumer Financial and Health Information › Appendix A - SAMPLE CLAUSES

Current through Supplement No. 393, July, 2024
The examples in this rule and the sample clauses in this
				  appendix are not exclusive. Compliance with an example or use of a sample
				  clause, to the extent applicable, constitutes compliance with this rule.
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 authorize disclosures to affiliates or designation as a consumer
				  reporting agency if disclosures are made to nonaffilated 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 subdivision a of subsection 1 of section
				  45-14-01-07 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 subdivision b of subsection 1 of section
				  45-14-01-07 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
				  45-14-01-14,
				  45-14-01-15, and
				  45-14-01-16.
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 subdivisions b, c, and d of subsection 1 of section
				  45-14-01-07 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
				  45-14-01-15 and
				  45-14-01-16.
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 subdivision c of subsection 1 of section
				  45-14-01-07 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
				  45-14-01-14,
				  45-14-01-15, and
				  45-14-01-16, as well as when
				  permitted by the exceptions in sections
				  45-14-01-15 and
				  45-14-01-16.
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"];
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 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 subdivision e of subsection 1 of section
				  45-14-01-07 related to the
				  exception for service providers and joint marketers in section
				  45-14-01-14. 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 authorization right
(institutions
				  that disclose outside of the exceptions)
A licensee may use this clause, as applicable, to meet the
				  requirement of subdivision f of subsection 1 of section
				  45-14-01-07 to provide an
				  explanation of the consumer's right to authorize the disclosure of nonpublic
				  personal information to nonaffiliated third parties, including the methods 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
				  45-14-01-14,
				  45-14-01-15, and
				  45-14-01-16.
Sample Clause A-6:
We will not disclose nonpublic personal information about
				  you to nonaffiliated third parties (other than as permitted by law), unless you
				  authorize us to make those disclosures. Your authorization must be in writing
				  or, if you agree, in electronic form. If you wish to authorize disclosures to
				  nonaffiliated third parties, you may
[describe a reasonable means of
				  authorization, 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 subdivision h of subsection 1 of section
				  45-14-01-07 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