Utah Admin. Code R590-206-11 - Delivery
(1) A licensee shall provide a notice under
this rule to ensure that each consumer will receive actual notice in writing
or, if the consumer agrees, electronically.
(2)
(a) A
consumer will receive actual notice if the licensee:
(i) hand delivers a printed copy of the
notice to the consumer;
(ii) mails
a printed copy of the notice to the last known address of the consumer
separately, in a policy, in a billing statement, or other written
communication;
(iii) for a consumer
who conducts transactions electronically, posts the notice on the licensee's
website and requires the consumer to acknowledge receipt of the notice as a
necessary step to obtain a particular insurance product or service;
or
(iv) for an isolated transaction
with a consumer, posts the notice and requires the consumer to acknowledge
receipt of the notice as a necessary step to obtain the particular insurance
product or service.
(b) A
consumer does not receive actual notice if the licensee:
(i) posts a sign in its office or generally
publishes an advertisement of its privacy policies and practices; or
(ii) sends the notice via electronic mail to
a consumer who does not obtain an insurance product or service from the
licensee electronically.
(3) A licensee may reasonably expect that a
customer will receive actual notice of the licensee's annual privacy notice if:
(a) the customer uses the licensee's website
to access an insurance product or service electronically and agrees to receive
notices at the website and the licensee posts its current privacy notice
continuously, in a clear and conspicuous manner, on the website; or
(b) the customer requests 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.
(4) A licensee
may not provide any notice required by this rule solely by orally explaining
the notice, either in person or over the telephone.
(5) A licensee shall provide the initial
notice required by Subsection
R590-206-5(1)(a),
the annual notice required by Subsection
R590-206-6(1),
and the revised notice required by Subsection
R590-206-9(1)
upon request, in writing or, if the customer agrees, electronically.
(6)
(a) A
licensee may provide a joint notice from the licensee and one or more of its
affiliates or other financial institutions identified in the notice, if the
notice is accurate.
(b) A licensee
may provide a notice on behalf of another financial
institution.
(7) If two
or more consumers jointly obtain an insurance product or service from a
licensee, the licensee may satisfy the initial, annual, and revised notice
requirements of Subsections
R590-206-5(1),
R590-206-6(1),
and R590-206-9(1)
by providing one notice to the consumers jointly.
Notes
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