Washington Administrative Code › Title 284 - Insurance Commissioner, Office of the › Chapter 284-04 - Privacy of consumer financial and health information › APPENDIX A › Section 284-04-900 - Sample clauses

Current through Register Vol. 24-14, 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 WAC
				  284-04-210(1)(a) 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 WAC
				  284-04-210(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 WAC
				  284-04-400,
				  284-04-405, and
				  284-04-410.
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 WAC
				  284-04-210(1)(b), (c), and
				  (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 WAC
				  284-04-405 and
				  284-04-410.
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 WAC
				  284-04-210(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 WAC
				  284-04-400,
				  284-04-405, and
				  284-04-410, as well as when
				  permitted by the exceptions in WAC
				  284-04-405 and
				  284-04-410.
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 producers");
. 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 WAC
				  284-04-210(1)(e) related to the exception for service
				  providers and joint marketers in WAC
				  284-04-400. 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 whom 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 whom 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 WAC
				  284-04-210(1)(f) 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 WAC
				  284-04-400,
				  284-04-405, and
				  284-04-410.
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 WAC
				  284-04-210(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
				  regulations to guard your nonpublic personal information.
Statutory Authority:
					 RCW
					 48.02.060(3)(a) and
					 48.17.010(5).
					 11-01-159 (Matter No. R 2010-09), §
											284-04-900, filed 12/22/10,
					 effective 1/22/11. Statutory Authority:
					 RCW
					  48.43.505 and Gramm-Leach-Bliley Act,
					 Public Law
					 102-106, sec. 501 (b), sec. 505 (b)(2). 01-03-034
					 (Matter No. R 2000-08), §
											284-04-900, filed 1/9/01,
					 effective 2/9/01.