1. (1) Examples of reasonable expectation of actual notice. A licensee may reasonably expect that a consumer will receive actual notice if the licensee:

   1. (i) hand-delivers a printed copy of the notice to the consumer;
   2. (ii) 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;
   3. (iii) for a consumer who conducts transactions electronically, clearly and conspicuously 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;
   4. (iv) for the consumer who consents to receiving such notices electronically, electronically mails a copy of the notice, return receipt, to the consumer's electronic mail address; or
   5. (v) for an isolated transaction with a consumer, such as the licensee providing an insurance quote or selling the consumer travel insurance, provides or 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.

2. (2) Examples of unreasonable expectation of actual notice. A licensee may not, however, reasonably expect that a consumer will receive actual notice of the licensee's privacy policies and practices if the licensee:

   1. (i) only posts a sign in its office or generally publishes advertisements of its privacy policies and practices; or

   2. (ii) sends the notice via electronic mail to a consumer who does not obtain an insurance product or service from the licensee electronically.

      (c) Annual notices only.

      A licensee may also reasonably expect that a customer will receive actual notice of the licensee's annual privacy notice if:

3. (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

4. (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.

   (d) 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.

   (e) Retention or accessibility of notices for customers.

5. (1) For customers only, a licensee shall provide the initial notice required by section 420.4(a)(1) of this Part, the annual notice required by section 420.5(a) of this Part, and the revised notice required by section 420.8 of this Part so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.

6. (2) Examples of retention or accessibility. The licensee provides a privacy notice to the customer so that the customer can retain it or obtain it later if the licensee:

   1. (i) hand-delivers a printed copy of the notice to the customer;
   2. (ii) mails a printed copy of the notice to the last known address of the customer; or

   3. (iii) makes the licensee's 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.

      (f) Joint notice with other financial institutions.

      A licensee may provide a joint notice from the licensee and one or more of the licensee's affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to both the licensee and the other institutions. A licensee may also provide a notice on behalf of another financial institution.

      (g) Treatment of invalid addresses.

      A licensee is not required to provide initial, annual and revised notices to a consumer or a customer if the consumer's or the customer's last known address, according to the licensee's records, is deemed invalid. An address of record is deemed invalid if mail sent to that address has been returned by the postal authorities as undeliverable and if subsequent reasonable attempts to obtain a current valid address for the consumer or the customer have been unsuccessful.

      (h) Joint relationships.

      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 of sections 420.4(a), 420.5(a) and 420.8(a) of this Part, respectively, by providing one notice to those consumers jointly.

(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. A licensee may provide any and all privacy and opt out notices, including short-form initial notices through an affiliate or agent, but remains responsible for compliance with this Part.

(b)