Pennsylvania Code › Title 31 - INSURANCE › Part VIII - Miscellaneous Provisions › Chapter 146a - PRIVACY OF CONSUMER FINANCIAL INFORMATION › Subchapter E - ADDITIONAL PROVISIONS › Appendix A - SAMPLE CLAUSES

Current through Register Vol. 54, No. 28, July 13, 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 §
										146a.13(a)(1) to
					 describe the categories of nonpublic personal financial information the
					 licensee collects.
Sample Clause A-1
:
We collect nonpublic personal financial 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.
* 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 §
										146a.13(a)(2) to
					 describe the categories of nonpublic personal financial information the
					 licensee discloses. The licensee may use these clauses if it discloses
					 nonpublic personal financial information other than as permitted by the
					 exceptions in §§ 146a.31,
					 146a.32 and
					 146a.33.
Sample Clause A-2, Alternative 1:
We may disclose the following kinds of nonpublic personal
					 financial 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"].
* 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 § 146a.13(a)(2), (3) and (4) to describe the categories of
					 nonpublic personal financial 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 financial information to any
					 party, other than as permitted by the exceptions in §§ 146a.32 and
					 146a.33.
Sample Clause A-3
:
We do not disclose any nonpublic personal financial
					 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 §
										146a.13(a)(3) to
					 describe the categories of affiliates and nonaffiliated third parties to whom
					 the licensee discloses nonpublic personal financial information. This clause
					 may be used if the licensee discloses nonpublic personal financial information
					 other than as permitted by the exceptions in §§
										146a.31,
					 146a.32 and
					 146a.33, as well as when permitted
					 by the exceptions in §§ 146a.32 and 146a.33.
Sample Clause A-4
:
We may disclose nonpublic personal financial 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"].
* Others, such as [provide illustrative examples, such as
					 "non-profit organizations"].
We may also disclose nonpublic personal financial
					 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 §
										146a.13(a)(5)
					 related to the exception for service providers and joint marketers in §
										146a.31. If a licensee discloses
					 nonpublic personal financial information under this exception, the licensee
					 shall describe the categories of nonpublic personal financial 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"].
* 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.
					 i
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 §
										146a.13(a)(6) to
					 provide an explanation of the consumer's right to opt out of the disclosure of
					 nonpublic personal financial 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
					 financial information other than as permitted by the exceptions in §§
					 146a.31, 146a.32 and 146a.33.
Sample Clause A-6
:
If you prefer that we not disclose nonpublic personal
					 financial 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 §
										146a.13(a)(8) to
					 describe its policies and practices with respect to protecting the
					 confidential-ity and security of nonpublic personal financial
					 information.
Sample Clause A-7
:
We restrict access to nonpublic personal financial
					 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 financial
					 information.
This appendix cited in 31 Pa. Code §
												146a.3 (relating to examples and
						safe harbor); and 31 Pa. Code §
												146a.13 (relating to information
						to be included in privacy notices).