Section 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.Utah Admin. Code R590-206-11
Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023