Ins 25.02(3)(3)Extra-territorial application. A licensee domiciled in this state that is in compliance with this chapter in a state that has not enacted laws or regulations that meet the requirements of Title V of the Gramm-Leach-Bliley Act (PL 102-106) is in compliance with Title V of the Gramm-Leach-Bliley Act in such other state.
Ins 25.02 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.03Ins 25.03Rule of construction. The examples in this chapter and the sample clauses in Appendix A of this chapter are not exclusive. Compliance with an example or use of a sample clause, to the extent applicable, constitutes compliance with this chapter.
Ins 25.03 HistoryHistory: Cr. Register, June, 2001, No. 546, eff. 7-1-01.
Ins 25.04Ins 25.04Definitions. As used in this chapter, unless the context requires otherwise:
Ins 25.04(1)(1)“Affiliate” means any company that controls, is controlled by or is under common control with another company.
Ins 25.04(2)(2)
Ins 25.04(2)(a)(a) “Clear and conspicuous” means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice.
Ins 25.04(2)(b)(b) The following are examples of the application of “clear and conspicuous:”
Ins 25.04(2)(b)1.1. ‘Reasonably understandable.’ A licensee makes its notice reasonably understandable if it does all of the following:
Ins 25.04(2)(b)1.a.a. Presents the information in the notice in clear, concise sentences, paragraphs, and sections.
Ins 25.04(2)(b)1.b.b. Uses short explanatory sentences or bullet lists whenever possible.
Ins 25.04(2)(b)1.c.c. Uses definite, concrete, everyday words and active voice whenever possible.
Ins 25.04(2)(b)1.d.d. Avoids multiple negatives.
Ins 25.04(2)(b)1.e.e. Avoids legal and highly technical business terminology whenever possible.
Ins 25.04(2)(b)1.f.f. Avoids explanations that are imprecise and readily subject to different interpretations.
Ins 25.04(2)(b)2.2. ‘Designed to call attention.’ A licensee designs its notice to call attention to the nature and significance of the information in it if the licensee does all of the following:
Ins 25.04(2)(b)2.a.a. Uses a plain-language heading to call attention to the notice.
Ins 25.04(2)(b)2.b.b. Uses typeface and type sizes that are easy to read.
Ins 25.04(2)(b)2.c.c. Provides wide margins and ample line spacing.
Ins 25.04(2)(b)2.d.d. Uses boldface or italics for key words.
Ins 25.04(2)(b)2.e.e. In a form that combines the licensee’s notice with other information, uses distinctive type size, style, and graphic devices, such as shading or sidebars.
Ins 25.04(2)(b)3.3. ‘Notices on web sites.’ If a licensee provides a notice on a web page, the licensee designs its notice to call attention to the nature and significance of the information in it if the licensee uses text or visual cues to encourage scrolling down the page if necessary to view the entire notice and ensures that other elements on the web site, such as text, graphics, hyperlinks or sound, do not distract attention from the notice, and the licensee does any of the following:
Ins 25.04(2)(b)3.a.a. Places the notice on a screen that consumers frequently access, such as a page on which transactions are conducted.
Ins 25.04(2)(b)3.b.b. Places a link on a screen that consumers frequently access, such as a page on which transactions are conducted, that connects directly to the notice and is labeled appropriately to convey the importance, nature and relevance of the notice.
Ins 25.04(3)(3)“Collect” means to obtain information that the licensee organizes or can retrieve by the name of an individual or by identifying number, symbol or other identifying particular assigned to the individual, irrespective of the source of the underlying information.
Ins 25.04(4)(4)“Commissioner” means the commissioner of insurance.
Ins 25.04(5)(5)“Company” means a corporation, limited liability company, business trust, general or limited partnership, association, sole proprietorship or similar organization.
Ins 25.04(6)(6)