44-909. Delivery; actual notice; when.
(1) A licensee shall provide any notices that the Privacy of Insurance Consumer Information Act requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
(2)(a) A licensee may reasonably expect that 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 or in a policy, billing, or other written communication;
(iii) 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; and
(iv) 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 service.
(b) A licensee may not reasonably expect that a consumer will receive actual notice of its privacy policies and practices if it:
(i) Only posts a sign in its office or generally publishes advertisements 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 insurance products and services 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 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.
(4) A licensee may not provide any notice required by the act solely by orally explaining the notice, either in person or over the telephone.
(5)(a) For customers only, a licensee shall provide the initial notice required by subdivision (1)(a) of section 44-904, the annual notice required by subsection (1) of section 44-905, and the revised notice required by section 44-908 so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.
(b) A licensee shall be deemed to comply with the provisions of this subsection if the licensee:
(i) Hand delivers a printed copy of the notice to the customer;
(ii) Mails a printed copy of the notice to the last-known address of the customer; or
(iii) Makes its current privacy notice available on a website, or a link to another website, for the customer who obtains an insurance product or service electronically and agrees to receive the notice at the website.
(6) 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. A licensee also 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 subsection (1) of section 44-904, subsection (1) of section 44-905, and subsection (1) of section 44-908, respectively, by providing one notice to those consumers jointly.
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