Appendix B to Part 160 - Sample Clauses
17:2.0.1.1.26.6.1.1.22 : Appendix B
Appendix B to Part 160 - Sample Clauses
This appendix only applies to privacy notices provided before
January 1, 2011. Financial institutions, including a group of
financial holding company affiliates that use a common privacy
notice, may use the following sample clauses, if the clause is
accurate for each institution that uses the notice. Note that
disclosure of certain information, such as assets, income and
information from a consumer reporting agency, may give rise to
obligations under the Fair Credit Reporting Act, such as a
requirement to permit a consumer to opt out of disclosures to
affiliates or designation as a consumer reporting agency if
disclosures are made to nonaffiliated third parties.
A-1 - Categories of Information You Collect (All Institutions)
You may use this clause, as applicable, to meet the requirement
of § 160.6(a)(1) to describe the categories of nonpublic personal
information you collect.
Sample Clause A-1
We collect nonpublic personal information about you from the
following sources:
• Information we receive from you on applications or other
forms;
• Information about your transactions with us, our affiliates or
others; and
• Information we receive from a consumer reporting agency.
A-2 - Categories of Information You Disclose (Institutions That
Disclose Outside of the Exceptions)
You may use one of these clauses, as applicable, to meet the
requirement of § 160.6(a)(2) to describe the categories of
nonpublic personal information you disclose. You may use these
clauses if you disclose nonpublic personal information other than
as permitted by the exceptions in §§ 160.13, 160.14 and 160.15.
Sample Clause A-2, Alternative 1
We may disclose the following kinds of nonpublic personal
information about you:
• Information we receive from you on applications or other
forms, such as [provide illustrative examples, such as “your name,
address, Social Security number, assets and income”];
• Information about your transactions with us, our affiliates or
others, such as [provide illustrative examples, such as “your
account balance, payment history, parties to transactions and
credit card usage”]; and
• Information we receive from a consumer reporting agency, such
as [provide illustrative examples, such as “your creditworthiness
and credit history”].
Sample Clause A-2, Alternative 2
We may disclose all of the information that we collect, as
described [describe location in the notice, such as “above” or
“below”].
A-3 - Categories of Information You Disclose and Parties To Whom
You Disclose (Institutions That Do Not Disclose Outside of the
Exceptions)
You may use this clause, as applicable, to meet the requirements
of §§ 160.6(a)(2), (3) and (4) to describe the categories of
nonpublic personal information about customers and former customers
that you disclose and the categories of affiliates and
nonaffiliated third parties to whom you disclose. You may use this
clause if you do not disclose nonpublic personal information to any
party, other than as is permitted by the exceptions in §§ 160.14
and 160.15.
Sample Clause A-3
We do not disclose any nonpublic personal information
about our customers or former customers to anyone, except as
permitted by law.
A-4 - Categories of Parties To Whom You Disclose (Institutions That
Disclose Outside of the Exceptions)
You may use this clause, as applicable, to meet the requirement
of § 160.6(a)(3) to describe the categories of affiliates and
nonaffiliated third parties to whom you disclose nonpublic personal
information. You may use this clause if you disclose nonpublic
personal information other than as permitted by the exceptions in
§§ 160.13, 160.14 and 160.15, as well as when permitted by the
exceptions in §§ 160.14 and 160.15.
Sample Clause A-4
We may disclose nonpublic personal information about you to the
following types of third parties:
• Financial service providers, such as [provide illustrative
examples, such as “mortgage bankers”];
• Non-financial companies, such as [provide illustrative
examples, such as “retailers, direct marketers, airlines and
publishers”]; and
• Others, such as [provide illustrative examples, such as
“non-profit organizations”].
We may also disclose nonpublic personal information about you to
nonaffiliated third parties as permitted by law.
A-5 - Service Provider/Joint Marketing Exception
You may use one of these clauses, as applicable, to meet the
requirements of § 160.6(a)(5) related to the exception for service
providers and joint marketers in § 160.13. If you disclose
nonpublic personal information under this exception, you must
describe the categories of nonpublic personal information you
disclose and the categories of third parties with whom you have
contracted.
Sample Clause A-5, Alternative 1
We may disclose the following information to companies that
perform marketing services on our behalf or to other financial
institutions with which we have joint marketing agreements:
• Information we receive from you on applications or other
forms, such as [provide illustrative examples, such as “your name,
address, Social Security number, assets and income”];
• Information about your transactions with us, our affiliates,
or others, such as [provide illustrative examples, such as “your
account balance, payment history, parties to transactions and
credit card usage”]; and
• Information we receive from a consumer reporting agency, such
as [provide illustrative examples, such as “your creditworthiness
and credit history”].
Sample Clause A-5, Alternative 2
We may disclose all of the information we collect, as described
[describe location in the notice, such as “above” or “below”] to
companies that perform marketing services on our behalf or to other
financial institutions with which we have joint marketing
agreements.
A-6 - Explanation of Opt Out Right (Institutions That Disclose
Outside of the Exceptions)
You may use this clause, as applicable, to meet the requirement
of § 160.6(a)(6) to provide an explanation of the consumer's right
to opt out of the disclosure of nonpublic personal information to
nonaffiliated third parties, including the method(s) by which the
consumer may exercise that right. You may use this clause if you
disclose nonpublic personal information other than as permitted by
the exceptions in §§ 160.13, 160.14 and 160.15.
Sample Clause A-6
If you prefer that we not disclose nonpublic personal
information about you to nonaffiliated third parties you may opt
out of those disclosures; that is, you may direct us not to make
those disclosures (other than disclosures permitted or required by
law). If you wish to opt out of disclosures to nonaffiliated third
parties, you may [describe a reasonable means of opting out, such
as “call the following toll-free number: (insert number)”].
A-7 - Confidentiality and Security (All Institutions)
You may use this clause, as applicable, to meet the requirement
of § 160.6(a)(8) to describe your policies and practices with
respect to protecting the confidentiality and security of nonpublic
personal information.
Sample Clause A-7
We restrict access to nonpublic personal information about you
to [provide an appropriate description, such as “those employees
who need to know that information to provide products or services
to you”]. We maintain physical, electronic and procedural
safeguards that comply with federal standards to safeguard your
nonpublic personal information.
[66 FR 21252, Apr. 27, 2001, as amended at 74 FR 62984, Dec. 1,
2009]