West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-57 - Privacy Of Consumer Financial And Health Information › Appendix A - SAMPLE CLAUSES

Current through Register Vol. XLI, No. 28, July 12, 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 subdivision a of subsection 5.1 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 subdivision b of subsection 5.1 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 12, 13 and 14.
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 5.1 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 13 and 14.
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 5.1 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 12, 13
				  and 14, as well as when permitted by the exceptions in sections 13 and 14.
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 subdivision e of subsection 5.1 related to the exception for
				  service providers and joint marketers in section 12. 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 subdivision f of subsection 5.1 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
				  12, 13 and 14.
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 subdivision h of subsection 5.1 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.