Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 9 -- Delivering Privacy and Opt Out Notices

---

1. How to provide notices. You must provide any privacy notices and opt out notices, including short-form initial 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.
   
   
2. 
   
   1. Examples of reasonable expectation of actual notice. You may reasonably expect that a consumer will receive actual notice if you:
      
      
      1. Hand-deliver a printed copy of the notice to the consumer;
         
         
      2. Mail a printed copy of the notice to the last known address of the consumer;
         
         
      3. For the consumer who conducts transactions electronically, post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service; or
         
         
      4. For an isolated transaction with the consumer, such as an ATM transaction, post the notice on the ATM screen and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular financial product or service.
         
         
   2. Examples of unreasonable expectation of actual notice. You may not, however, reasonably expect that a consumer will receive actual notice of your privacy policies and practices if you:
      
      
      1. Only post a sign in your branch or office or generally publish advertisements of your privacy policies and practices; or
         
         
      2. Send the notice via electronic mail to a consumer who does not obtain a financial product or service from you electronically.
         
         
3. Annual notices only.
   
   
   1. You may reasonably expect that a customer will receive actual notice of your annual privacy notice if:
      
      
      1. The customer uses your web site to access financial products and services electronically and agrees to receive notices at the web site and you post your current privacy notice continuously in a clear and conspicuous manner on the web site; or
         
         
      2. The customer has requested that you refrain from sending any information regarding the customer relationship, and your current privacy notice remains available to the customer upon request.
         
         
   2. Example of reasonable expectation of receipt of annual privacy notice. You may reasonably expect that consumers who share an address will receive actual notice of your annual privacy notice if you deliver the notice with or in a stockholder or shareholder report under the conditions in Rule 30d-1(f) or Rule 30d-2(b) [Editor's note: Rules 30d-1 and 30d-2 were redesignated Rules 30e-1 and 30e-2, respectively, at 66 FR 3734, 3759, Jan. 16, 2001.], or with or in a prospectus under the conditions in Rule 154.
      
      
4. Oral description of notice insufficient. You may not provide any notice required by this part solely by orally explaining the notice, either in person or over the telephone.
   
   
5. Retention or accessibility of notices for customers.
   
   
   1. For customers only, you must provide the initial notice required by Rule 4(a)(1), the annual notice required by Rule 5(a), and the revised notice required by § 248.8, so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.
      
      
   2. Examples of retention or accessibility. You provide a privacy notice to the customer so that the customer can retain it or obtain it later if you:
      
      
      1. Hand-deliver a printed copy of the notice to the customer;
         
         
      2. Mail a printed copy of the notice to the last known address of the customer; or
         
         
      3. Make your current privacy notice available on a web site (or a link to another web site) for the customer who obtains a financial product or service electronically and agrees to receive the notice at the web site.
         
         
6. Joint notice with other financial institutions. You may provide a joint notice from you and one or more of your affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to you and the other institutions.
   
   
7. Joint relationships. If two or more consumers jointly obtain a financial product or service from you, you may satisfy the initial, annual, and revised notice requirements of paragraph (a) of this section by providing one notice to those consumers jointly.
   
   

	Notice to Users: The Deskbook is made available with the understanding that the University of Cincinnati College of Law is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. See Terms and Conditions of Use.   © Copyright 1998-2008, University of Cincinnati, All Rights Reserved  Contact: joseph.hodnicki@uc.edu