N.H. Admin. Code § Ins 3002.01 - Initial Privacy Notice to Consumers Required
(a) Initial notice
requirement. A licensee shall provide a clear and conspicuous notice that
accurately reflects its privacy policies and practices to:
(1) Customer. An individual who becomes the
licensee's customer, not later than when the licensee establishes a customer
relationship, except as provided in (e) below; and
(2) Consumer. A consumer, before the licensee
discloses any nonpublic personal financial information about the consumer to
any nonaffiliated third party, if the licensee makes a disclosure other than as
authorized by
Ins
3004.02 and
Ins
3004.03.
(b) When initial notice to a consumer is not
required. A licensee is not required to provide an initial notice to a consumer
under (a)(2) above if:
(1) The licensee does
not disclose any nonpublic personal financial information about the consumer to
any nonaffiliated third party, other than as authorized by
Ins
3004.02 and
Ins
3004.03, and the licensee does not have a customer
relationship with the consumer; or
(2) A notice has been provided by an
affiliated licensee, as long as the notice clearly identifies all licensees to
whom the notice applies and is accurate with respect to the licensee and the
other institutions.
(c)
When the licensee establishes a customer relationship:
(1) General rule. A licensee establishes a
customer relationship at the time the licensee and the consumer enter into a
continuing relationship;
(2)
Examples of establishing customer relationship. A licensee establishes a
customer relationship when the consumer:
a.
Becomes a policyholder of a licensee that is an insurer when the insurer
delivers an insurance policy or contract to the consumer, or in the case of a
licensee that is an insurance producer or insurance broker, obtains insurance
through that licensee; or
b. Agrees
to obtain financial, economic or investment advisory services relating to
insurance products or services for a fee from the licensee.
(d) Existing customers.
When an existing customer obtains a new insurance product or service from a
licensee that is to be used primarily for personal, family or household
purposes, the licensee satisfies the initial notice requirements of (a) above
as follows:
(1) The licensee may provide a
revised policy notice, under
Ins
3002.05, that covers the customer's new insurance
product or service; or
(2) If the
initial, revised, or annual notice that the licensee most recently provided to
that customer was accurate with respect to the new insurance product or
service, the licensee does not need to provide a new privacy notice under (a)
above.
(e) Exceptions to
allow subsequent delivery of notice:
(1) A
licensee may provide the initial notice required by (a) above within a
reasonable time after the licensee establishes a customer relationship if:
a. Establishing the customer relationship is
not at the customer's election; or
b. Providing notice not later than when the
licensee establishes a customer relationship would substantially delay the
customer's transaction and the customer agrees to receive the notice at a later
time; and
(2) Examples
of exceptions:
a. Not at customer's election.
Establishing a customer relationship is not at the customer's election if a
licensee acquires or is assigned a customer's policy from another financial
institution or residual market mechanism and the customer does not have a
choice about the licensee's acquisition or assignment;
b. Substantial delay of customer's
transaction. Providing notice not later than when a licensee establishes a
customer relationship would substantially delay the customer's transaction when
the licensee and the individual agree over the telephone to enter into a
customer relationship involving prompt delivery of the insurance product or
service; and
c. No substantial
delay of customers transaction. Providing notice not later than when a licensee
establishes a customer relationship would not substantially delay the
customer's transaction when the relationship is initiated in person at the
licensee's office or through other means by which the customer may view the
notice, such as on a web site.
(f) Delivery. When a licensee is required to
deliver an initial privacy notice by this section, the licensee shall deliver
it according to
Ins
3002.06. If the licensee uses a short-form initial
notice for non-customers according to
Ins
3002.03(d), the licensee may deliver
its privacy notice according to
Ins
3002.03(d)(3).
Notes
#7500, eff 7-1-01, EXPIRED: 7-1-09
New. #9922, eff 5-6-11
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