(a) A licensee shall provide any notices required under this article so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.
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Terms Used In Hawaii Revised Statutes 431:3A-206

  • Clear and conspicuous: means reasonably understandable and designed to call attention to the nature and significance of the information in the notice. See Hawaii Revised Statutes 431:3A-102
  • Consumer: means an individual, or that individual's legal representative, who seeks to obtain, obtains, or has obtained an insurance product or service from a licensee that is to be used primarily for personal, family, or household purposes, and about whom the licensee has nonpublic personal information. See Hawaii Revised Statutes 431:3A-102
(b) A licensee may reasonably expect that a customer will receive actual notice of the licensee’s annual privacy notice if:

(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
(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.
(c) A licensee shall not provide any notice required under this article solely by oral explanation of the notice, either in person or over the telephone.
(d) For customers only, a licensee shall provide the initial notice required by section 431:3A-201(a), the annual notice required by section 431:3A-202(a), and the revised notice required by § 431:3A-205, so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.
(e) A licensee may provide a joint notice from the licensee and one or more of its affiliates or other financial institutions, as identified in the notice, if the notice is accurate with respect to the licensee and the other institutions. A licensee also may provide a notice on behalf of another financial institution.
(f) 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 431:3A-201(a), 431:3A-202(a), and 431:3A-205(a), by providing one notice to those consumers jointly.

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