Ill. Admin. Code tit. 50, § 4002.90 - Delivery of Notices
a) How to
provide notices. A licensee shall provide any notices that this Part requires
so that each consumer can reasonably be expected to receive actual notice in
writing or, if the consumer agrees, electronically.
1) A licensee may reasonably expect that a
consumer will receive actual notice if the licensee provides notice by one of,
but not limited to, the following methods:
A)
Hand-delivers a printed copy of the notice to the consumer;
B) 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;
C) 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;
D) 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; or
E) By electronic mail or posting, if the
consumer agrees to receive notice by electronic means and the consumer
acknowledges receipt of the notice.
2) A licensee may not, however, reasonably
expect that a consumer will receive actual notice of its privacy policies and
practices if it, among other methods, provides notice by:
A) Only posting a sign in its office or
generally publishes advertisements of its privacy policies and practices;
or
B) Sending the notice via
electronic mail to a consumer who does not agree to accept such notices via
electronic mail.
b) Annual notices only. A licensee may
reasonably expect that a customer will receive actual notice of the licensee's
annual privacy notice if:
1) The customer
uses the licensee's web site to access insurance products and services
electronically and agrees to receive notices at the web site and the licensee
posts its current privacy notice continuously in a clear and conspicuous manner
on the web site; or
2) 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.
c) Oral description of notice insufficient. A
licensee may not provide any notice required by this Part solely by orally
explaining the notice, either in person or over the telephone.
d) Retention or accessibility of notices for
customers.
1) For customers only, a licensee
shall provide the initial notice required by Section
4002.40(a)
of this Part, the annual notice required by Section
4002.50(a)
of this Part, and the revised notice required by Section
4002.80
of this Part, so that the customer can retain them or obtain them later in
writing or, if the customer agrees, electronically.
2) A licensee provides a privacy notice to
the customer so that the customer can retain it or obtain it later if the
licensee:
A) Hand-delivers a printed copy of
the notice to the customer;
B)
Mails a printed copy of the notice to the last known address of the customer;
or
C) Makes its current privacy
notice available on a web site (or a link to another web site) for the customer
who obtains an insurance product or service electronically and agrees to
receive the notice at the web site.
e) 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.
f) Joint
relationships. If 2 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 Sections
4002.40(a),
4002.50(a)
and
4002.80(a)
of this Part, respectively, by providing one notice to those consumers
jointly.
g) Illinois Supreme Court
Rule 236 would be applicable in cases of dispute concerning the delivery of
notices required pursuant to this Part.
Notes
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