Md. Code Regs. 31.16.08.10 - Delivery of Privacy Notices for Financial Information
A. Manner of Delivery.
(1) A licensee required to provide a notice
under this chapter shall provide any notice required by this chapter so that
each consumer can reasonably be expected to receive actual notice in writing
or, if the consumer agrees, electronically.
(2) A licensee may reasonably expect that a
consumer will receive actual notice if the licensee:
(a) Hand-delivers a printed copy of the
notice to the consumer ;
(b) Mails a
printed copy of the notice to the last-known address of the consumer
separately, or in a policy, billing, or other written communication;
(c) For a consumer who conducts transactions
electronically, posts the notice on the electronic site and requires the
consumer to acknowledge receipt of the notice as a necessary step to obtaining
a particular insurance product or insurance service; or
(d) For an isolated transaction with a
consumer , such as the licensee providing an insurance quote or selling the
consumer travel insurance, posts the notice and requires the consumer to
acknowledge receipt of the notice as a necessary step to obtaining the
particular insurance product or insurance service.
(3) A licensee fails to meet the requirements
of §A(1) of this regulation if the licensee :
(a) Only posts a sign in its office or
generally publishes advertisements of its privacy policies and practices;
or
(b) Sends the notice via
electronic mail to a consumer who does not obtain an insurance product or
insurance service from the licensee electronically.
B. A licensee may reasonably
expect that a customer will receive actual notice of the licensee's annual
privacy notice if the customer :
(1) Uses the
licensee 's web site to access insurance products and insurance services
electronically, and agrees to receive notices at the web site and the licensee
posts its current privacy notice continuously in a clear and conspicuous manner
on the web site; or
(2) Has
requested that the licensee refrain from sending any information regarding the
customer relationship , and the licensee's current privacy notice remains
available to the customer upon request.
C. A licensee may not provide any notice
required by this chapter solely by orally explaining the notice, either in
person or over the telephone.
D.
Notice for Customers.
(1) For customers only,
a licensee shall provide the following privacy notices so that the customer can
retain the privacy notices or obtain the privacy notices later in writing or,
if the customer agrees, electronically:
(a)
The initial notice required by Regulation .05A(1) of this chapter;
(b) The annual notice required by Regulation
.06A of this chapter; and
(c) The
revised notice required by Regulation .09 of this chapter.
(2) A licensee provides a privacy notice to
the customer so that the customer can retain it or obtain it later if the
licensee:
(a) Hand-delivers a printed copy of
the notice to the customer ;
(b)
Mails a printed copy of the notice to the last-known address of the customer ;
or
(c) Makes its current privacy
notice available on a web site for the customer who obtains an insurance
product or insurance service electronically and agrees to receive the notice at
the web site.
E. Joint Notice.
(1) A licensee may provide a joint notice
from the licensee and one or more of its affiliates or other financial
institutions, as identified in the notice, as long as the notice is accurate
with respect to the licensee and the other institutions.
(2) A licensee also may provide a notice on
behalf of another financial institution .
F. If two or more consumers jointly obtain an
insurance product or insurance service from a licensee, the licensee may
satisfy the requirements of Regulations .05A, .06A, and .09A of this chapter by
providing one notice to those consumers jointly.
Notes
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