South Carolina Code of Regulations › Chapter 69 - DEPARTMENT OF INSURANCE › Subchapter 69-58 - Privacy of Consumer Financial and Health Information › Article VI - ADDITIONAL PROVISIONS › Appendix A - SAMPLE CLAUSES

Current through Register Vol. 48, No. 6, June 28, 2024
A-1. Categories of information a licensee collects (all
				  institutions).
A-2. Categories of information a licensee discloses
				  (institutions that disclose outside of the exceptions).
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-4. Categories of parties to whom a licensee discloses
				  (institutions that disclose outside of the exceptions).
A-5. Service provider/ joint marketing exception
A-6. Explanation of opt out right (institutions that disclose
				  outside of the exceptions).
A-7. Confidentiality and security (all
				  institutions).
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-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 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
				  15, 16 and 17.
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
				  16 and 17. 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
				  15, 16 and 17, as well as when permitted by the
				  exceptions in Sections 16 and 17. 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
				  15. 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
				  15, 16 and 17.
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.