§ 146a.16. Delivery.
(a) How to provide notices. A licensee shall provide any notices that this chapter requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
(b) Actual notice.
(1) Examples of reasonable expectation of actual notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee meets one of the following conditions:
(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.
(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.
(2) Examples of unreasonable expectation of actual notice. A licensee may not, however, reasonably expect that a consumer will receive actual notice of its privacy policies and practices if it either:
(i) Only posts a sign in its office or generally publishes advertisements of its privacy policies and practices.
(ii) Sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.
(c) Annual notices only. A licensee may reasonably expect that a customer will receive actual notice of the licensees annual privacy notice if either:
(1) The customer uses the licensees 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.
(2) The customer has requested that the licensee refrain from sending any information regarding the customer relationship, and the licensees current privacy notice remains available to the customer upon request.
(d) Oral description of notice insufficient. A licensee may not provide any notice required by this regulation solely by orally explaining the notice, either in person or over the telephone.
(e) Retention or accessibility of notices for customers.
(1) Notices for customers. For customers only, a licensee shall provide the initial notice required by § 146a.11(a)(1) (relating to initial privacy notice to consumers required), the annual notice required by § 146a.12(a) (relating to annual privacy notice to customers required), and the revised notice required by § 146a.15 (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) Examples of retention or accessibility. A licensee provides a privacy notice to the customer so that the customer can retain it or obtain it later if the licensee meets one or more of the following conditions:
(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.
(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.
(f) Joint notice with other financial institutions. 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.
(g) Joint relationships. 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 § § 146a.11(a), 146a.12(a) and 146a.15(a), respectively, by providing one notice to those consumers jointly.
This section cited in 31 Pa. Code § 146a.11 (relating to initial privacy notice to consumers required); 31 Pa. Code § 146a.12 (relating to annual privacy notice to consumers required); 31 Pa. Code § 146a.13 (relating to information to be included in privacy notices); 31 Pa. Code § 146a.14 (relating to form of opt out notice to consumers and opt out methods); and 31 Pa. Code § 146a.15 (relating to revised privacy notices).
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