Or. Admin. Code § 836-080-0536

Current through Register Vol. 63, No. 12, December 1, 2024

Section 836-080-0536 - Delivery

(1) A licensee shall provide any notices required by ORS 746.620 and OAR 836-080-0501 to 836-080-0551 so that each consumer can be reasonably expected to receive actual notice in writing or, if the consumer agrees, electronically.

(2) The following are examples of reasonable expectation of actual notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee:

(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.

(3) The following are examples of unreasonable expectations of actual notice. A licensee may not reasonably expect that a consumer will receive actual notice of its privacy policies and practices if the licensee:

(a) Posts only a sign in its office or generally publishes advertisements of its privacy policies and practices; or

(b) Sends the notice by electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.

(4) 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 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

(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.

(5) A licensee may not provide any notice required by ORS 746.620 and OAR 836-080-0501 to 836-080-0551 solely by orally explaining the notice, either in person or over the telephone.

(6) For customers only, a licensee shall provide the initial notice, annual notice and revised notice required by ORS 746.620 and OAR 836-080-0501 to 836-080-0551 so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically. The following are examples of retention and accessibility of notices. A licensee provides a privacy notice to a 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 services electronically and agrees to receive the notice at the web site.

(7) 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 may also provide a notice on behalf of another financial institution.

(8) 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 by providing one notice to those consumers jointly.

(9) A licensee provides a reasonable means by which a consumer may obtain a copy of its privacy notice for the purpose of OAR 836-080-0519(8) if the licensee:

(A) Provides a toll-free telephone number that the consumer may call to request the notice; or

(B) For a consumer who conducts business in person at the licensee's office, maintains copies of the notice on hand and provides a copy to the consumer immediately upon request.

Or. Admin. Code § 836-080-0536

ID 8-2002, f. & cert. ef. 2-15-02

Stat. Auth.: ORS 731.244, ORS 746.600 & ORS 746.620

Stats. Implemented: ORS 746.600, ORS 746.620, ORS 746.630 & ORS 746.665