If we enter into a relationship with another bank in which they own, underwrite, and service credit cards that we offer to our customers with our bank name on the card, would it be a joint marketing relationship that we would have to disclose on our privacy notice?

The agreement with this other bank does include verbiage about not disclosing non-public information other than within the joint marketing and servicing of the card.

I think it is apparent joint marketing that we would have to disclose on our privacy notice. However, management would like for me to verify with other compliance professionals.

I would agree that it is joint marketing especially if your agreement states "joint marketing."

Question: who is actually supplying customer information to the other bank? Are you providing them with your customers info so they can solicit card apps, or will your customer be completing a card app, and then submit it for underwriting to the bank, either directly, or through you?

Just Jay, I apologize for the delayed response. The way it was presented to us, the customer comes in to apply for a credit card. The application is filled out by the customer and sent directly to the vendor. We don't complete and submit the applications for them. Again, the card has our name on it, but is issued, owned, serviced, and underwritten by the vendor.

In another relationship with a company that provides accidental death/dismemberment insurance with a club account, the vendor is saying that since the member enrolls separately and directly with the vendor, we are not sharing non-public information and therefore, we wouldn't have to disclose doing the joint marketing on our privacy notice.

So, if we contract with a vendor to possibly share non-public information, but we take steps and implement procedures to ensure that we do not share non-public information with these vendors, could we not disclose the joint marketing thing on our privacy notices?

Something to watch - Many of these joint contracts will have specific requirements surrounding 'joint marketing' efforts between the two parties. Be sure to examine closely exactly what information you have to provide to them and then make sure to review what actually gets sent. The request can be as simple as "joint customer names" but many times the sending bank inadvertently appends additional, non-public information to the file that is sent to the credit card bank. Very easy to slip-up here....