Ins 25.10(5)(b)2.2. 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.
Ins 25.10(5)(b)3.3. 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.
Ins 25.10(6)(6)Delivery. When a licensee is required to deliver an initial privacy notice by this section, the licensee shall deliver it according to s. Ins 25.25. If the licensee uses a short-form initial notice for non-customers according to s. Ins 25.15 (4), the licensee may deliver its privacy notice according to s. Ins 25.15 (4) (c).
Ins 25.10 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.13Ins 25.13Annual privacy notice to customers required.
Ins 25.13(1)(1)Annual notice.
Ins 25.13(1)(a)(a) General rule. A licensee shall provide a clear and conspicuous notice to customers that accurately reflects its privacy policies and practices with regard to nonpublic personal financial information not less than annually during the continuation of the customer relationship. Annually means at least once in any period of twelve consecutive months during which that relationship exists. A licensee may define the twelve consecutive-month period, but the licensee shall apply it to the customer on a consistent basis.
Ins 25.13(1)(b)(b) Example. A licensee provides a notice annually if it defines the twelve consecutive-month period as a calendar year and provides the annual notice to the customer once in each calendar year following the calendar year in which the licensee provided the initial notice. For example, if a customer opens an account on any day of year 1, the licensee shall provide an annual notice to that customer by December 31 of year 2.
Ins 25.13(2)(2)Terminated customer.
Ins 25.13(2)(a)(a) Termination of customer relationship. A licensee is not required to provide an annual notice to a former customer. A former customer is an individual with whom a licensee no longer has a continuing relationship.
Ins 25.13(2)(b)(b) Examples. The following are examples of the termination of a customer relationship:
Ins 25.13(2)(b)1.1. A licensee no longer has a continuing relationship with an individual if the individual no longer is a current policyholder of an insurance product or no longer obtains insurance services with or through the licensee.
Ins 25.13(2)(b)2.2. A licensee no longer has a continuing relationship with an individual if the individual’s policy is lapsed, expired or otherwise inactive or dormant under the licensee’s business practices, and the licensee has not communicated with the customer about the relationship for a period of twelve consecutive months, other than to provide annual privacy notices, material required by law or regulation, or promotional materials.
Ins 25.13(2)(b)3.3. For the purposes of this chapter, a licensee no longer has a continuing relationship with an individual if the individual’s last known address according to the licensee’s records is deemed invalid. An address of record is deemed invalid if mail sent to that address by the licensee has been returned by the postal authorities as undeliverable and if subsequent attempts by the licensee to obtain a current valid address for the individual have been unsuccessful.
Ins 25.13(2)(b)4.4. A licensee no longer has a continuing relationship with a customer in the case of providing real estate settlement services, at the time the customer completes execution of all documents related to the real estate closing, payment for those services has been received, or the licensee has completed all of its responsibilities with respect to the settlement, including filing documents on the public record, whichever is later.
Ins 25.13(3)(3)Delivery. When a licensee is required by this section to deliver an annual privacy notice, the licensee shall deliver it according to s. Ins 25.25.
Ins 25.13(4)(4)exceptions. The annual privacy notice requirement in this section does not apply when a licensee complies with either of the following:
Ins 25.13(4)(a)(a) When a licensee provides nonpublic personal financial information to any person described by s. Ins 25.50 (1) (a) 2.
Ins 25.13(4)(b)(b) When both of the following conditions are met:
Ins 25.13(4)(b)1.1. The licensee provides nonpublic personal information only in accordance with the provisions of this chapter.
Ins 25.13(4)(b)2.2. The licensee has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the licensee’s most recent disclosure to consumers in accordance with this section.
Ins 25.13 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01; CR 03-083: cr. (4) Register March 2004 No. 579, eff. 4-1-04; CR 17-039: am. (4) (title), renum and am. (4) to (4) (intro.), (a), cr. (4) (b), Register February 2018 No. 746 eff. 3-1-18.
Ins 25.15Ins 25.15Information to be included in privacy notices.
Ins 25.15(1)(1)General rule. The initial, annual and revised privacy notices that a licensee provides under ss. Ins 25.10, 25.13, and 25.20 shall include all of the following items of information, in addition to any other information the licensee wishes to provide, that applies to the licensee and to the consumers to whom the licensee sends its privacy notice:
Ins 25.15(1)(a)(a) The categories of nonpublic personal financial information that the licensee collects.
Ins 25.15 NoteNote: See sample clause A-1 in Appendix A
Ins 25.15(1)(b)(b) The categories of nonpublic personal financial information that the licensee discloses.
Ins 25.15 NoteNote: See sample clauses A-2 and A-3 in Appendix A
Ins 25.15(1)(c)(c) The categories of affiliates and nonaffiliated third parties to which the licensee discloses nonpublic personal financial information, other than those parties to whom the licensee discloses information under ss. Ins 25.55 and 25.60.