S.D. Admin. R. 20:06:45:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:06:45:04 - Initial privacy notice to consumers required

(1) Initial notice requirement. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices to:

(A) Customer. An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relationship, except as provided in subdivision 20:06:45:04(5); and

(B) Consumer. A consumer, before the licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if the licensee makes a disclosure other than as authorized by §§ 20:06:45:14 and 20:06:45:15.

(2) When initial notice to a consumer is not required. A licensee is not required to provide an initial notice to a consumer under subdivision 20:06:45:04(1)(B) if:

(A) The licensee does not disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by §§ 20:06:45:14 and 20:06:45:15, and the licensee does not have a customer relationship with the consumer; or

(B) A notice has been provided by an affiliated licensee, as long as the notice clearly identifies all licensees to whom the notice applies and is accurate with respect to the licensee and the other institutions.

(3) When the licensee establishes a customer relationship:

(A) General rule. A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship.

(B) Examples of establishing customer relationship. A licensee establishes a customer relationship when the consumer:

(1) Becomes a policyholder of a licensee that is an insurer when the insurer delivers an insurance policy or contract to the consumer, or in the case of a licensee that is an insurance producer, obtains insurance through that licensee; or

(2) Agrees to obtain financial, economic, or investment advisory services relating to insurance products or services for a fee from the licensee.

(4) Existing customers. When an existing customer obtains a new insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, the licensee satisfies the initial notice requirements of subdivision 20:06:45:04(1) as follows:

(A) The licensee may provide a revised policy notice, under § 20:06:45:08, that covers the customer's new insurance product or service; or

(B) If the initial, revised, or annual notice that the licensee most recently provided to that customer was accurate with respect to the new insurance product or service, the licensee does not need to provide a new privacy notice under subdivision 20:06:45:04(1).

(5) Exceptions to allow subsequent delivery of notice.

(A) A licensee may provide the initial notice required by subdivision 20:06:45:04(1)(A) within a reasonable time after the licensee establishes a customer relationship if:

(1) Establishing the customer relationship is not at the customer's election; or

(2) Providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer's transaction and the customer agrees to receive the notice at a later time.

(B) Examples of exceptions.

(1) Not at customer's election. Establishing a customer relationship is not at the customer's election if a licensee acquires or is assigned a customer's policy from another financial institution or residual market mechanism and the customer does not have a choice about the licensee's acquisition or assignment.

(2) Substantial delay of customer's transaction. Providing notice notlater than when a licensee establishes a customer relationship would substantially delay the customer's transaction when the licensee and the individual agree over the telephone to enter into a customer relationship involving prompt delivery of the insurance product or service.

(3) No substantial delay of customer's transaction. Providing notice notlater than when a licensee establishes a customer relationship would not substantially delay the customer's transaction when the relationship is initiated in person at the licensee's office or through other means by which the customer may view the notice, such as on a web site.

(6) Delivery. When a licensee is required to deliver an initial privacy notice by this section, the licensee shall deliver it according to § 20:06:45:09. If the licensee uses a short-form initial notice for non-customers according to subdivision 20:06:45:06(4), the licensee may deliver its privacy notice according to subdivision 20:06:45:06(4)(C).

S.D. Admin. R. 20:06:45:04

28 SDR 15, effective 7/1/2001; 31 SDR 67, effective 11/14/2004.

General Authority: SDCL 58-2-40, 58-2-41.

Law Implemented: SDCL 58-2-40, 58-2-41.