<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 31.16.08.05" title_num="31" subtitle_num="16" chapter_num="08" heading="Initial Privacy Notice for Financial Information to Consumers Required.">
  <paragraph num="A.">
    <text>A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices for nonpublic financial information to:</text>
    <paragraph num="(1)">
      <text>An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relationship, except as provided in §E of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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 Regulations .15 and .16 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A licensee is not required to provide an initial notice to a consumer under §A(2) of this regulation if:</text>
    <paragraph num="(1)">
      <text>The licensee does not:</text>
      <paragraph num="(a)">
        <text>Disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by Regulations .15 and .16 of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Have a customer relationship with the consumer; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An affiliated licensee has provided a notice to the consumer that:</text>
      <paragraph num="(a)">
        <text>Clearly identifies all licensees to whom the notice applies; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is accurate with respect to the licensee and the other institutions.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>When Licensee Establishes Customer Relationship.</text>
    <paragraph num="(1)">
      <text>A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship, including when the consumer:</text>
      <paragraph num="(a)">
        <text>Becomes a policyholder of a licensee; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Agrees to obtain financial, economic, or investment advisory services relating to insurance products or insurance services for a fee from the licensee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For purposes of §C(1) of this regulation, a consumer becomes a policyholder of a licensee:</text>
      <paragraph num="(a)">
        <text>If the licensee is an insurer, when the insurer delivers an insurance policy or contract to the consumer; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the licensee is an insurance producer or insurance broker, when the consumer obtains insurance through that licensee.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>When an existing customer obtains a new insurance product or insurance service from a licensee that is to be used primarily for personal, family, or household purposes, the licensee satisfies the initial notice requirements of §A of this regulation as follows:</text>
    <paragraph num="(1)">
      <text>The licensee may provide a revised policy notice, under Regulation .09 of this chapter, that covers the customer's new insurance product or insurance service; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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 insurance service, the licensee does not need to provide a new privacy notice under §A of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A licensee may provide the initial notice required by §A(1) of this regulation within a reasonable time after the licensee establishes a customer relationship if:</text>
    <paragraph num="(1)">
      <text>Establishing the customer relationship is not at the customer's election; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Manner of Delivery.</text>
    <paragraph num="(1)">
      <text>Except as provided in §F(2) of this regulation, a licensee subject to this regulation shall deliver an initial privacy notice in accordance with Regulation .10 of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A licensee that uses a short-form initial notice provided for under Regulation .07K of this chapter may deliver its privacy notice in accordance with Regulation .07K(3) of this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>