28 Tex. Admin. Code § 22.13 - Delivery

(a) How to provide notices. A covered entity shall provide any notices that this subchapter requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.

(b) Examples of reasonable expectation of actual notice. A covered entity satisfies the reasonable expectation that a consumer will receive actual notice if the covered entity:

(1) hand-delivers a printed copy of the notice to the consumer;

(2) 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;

(3) 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 service; or

(4) for an isolated transaction with a consumer, such as the covered entity providing an insurance quote or selling the consumer single-event types of coverage including, but not limited to, auto rental liability, travel, and short-term non-resident auto liability insurance, presents the notice and requires the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular insurance product or service.

(c) Examples of unreasonable expectation of actual notice. A covered entity has not met the reasonable expectation that a consumer will receive actual notice of its privacy policies and practices if it:

(1) only posts a sign in its office or generally publishes advertisements of its privacy policies and practices; or

(2) sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the covered entity electronically.

(d) Annual notices only. A covered entity satisfies the reasonable expectation that a customer will receive actual notice of the covered entity's annual privacy notice if:

(1) the customer uses the covered entity's Web site to access insurance products and services electronically and agrees to receive notices at the Web site and the covered entity posts its current privacy notice continuously in a clear and conspicuous manner on the Web site; or

(2) the customer has requested that the covered entity refrain from sending any information regarding the customer relationship, and the covered entity's current privacy notice remains available to the customer upon request.

(e) Oral description of notice insufficient. A covered entity may not provide any notice required by this subchapter solely by orally explaining the notice, either in person or over the telephone.

(f) Retention or accessibility of notices for customers.

(1) For customers only, a covered entity shall provide the initial notice required by § 22.8(a)(1) of this title (relating to Initial Privacy Notice), the annual notice required by § 22.9(a) of this title (relating to Annual Privacy Notice), and the revised notice required by § 22.12 of this title (relating to Revised Privacy Notices) so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.

(2) A covered entity provides a privacy notice to the customer so that the customer can retain it or obtain it later if the covered entity:

(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 (or a link to another Web site) for the customer who obtains an insurance product or service electronically and agrees to receive the notice at the Web site.

(g) Joint notice with other financial institutions. A covered entity may provide a joint notice from the covered entity and one or more of its affiliates or other financial institutions, as identified in the notice, so long as the notice is accurate with respect to the covered entity and the other institutions. A covered entity also may provide a notice on behalf of another financial institution.

(h) Joint relationships. If two or more consumers jointly obtain an insurance product or service from a covered entity, the covered entity may satisfy the initial, annual and revised notice requirements of §§22.8(a), 22.9(a), and 22.12(a) of this title, respectively, by providing one notice to those consumers jointly.

Notes

28 Tex. Admin. Code § 22.13

The provisions of this §22.13 adopted to be effective December 17, 2001, 26 TexReg 10316