Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#1887522 - 01/16/14 05:04 PM Privacy Notice
leo_bsayer Offline
Platinum Poster
Joined: Aug 2006
Posts: 645
Would a link to our privacy notice on our bank website serve the same purpose as annually mailing the notice to all customers? I'm also wondering if a link to the annual Visa notice could be posted the same way.

Return to Top
Operations Compliance
#1887534 - 01/16/14 05:15 PM Re: Privacy Notice leo_bsayer
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,370
Galveston, TX
Would a link to our privacy notice on our bank website serve the same purpose as annually mailing the notice to all customers?

Absolutely not.

What annual VISA notice?
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1887626 - 01/16/14 06:48 PM Re: Privacy Notice leo_bsayer
StevenD Offline
Gold Star
StevenD
Joined: Nov 2000
Posts: 489
KY
See (b)(1)(iii) below..

1016.9 Delivering privacy and opt out notices.
(a) How to provide notices. You must provide any privacy notices and opt out notices, including short-form initial 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.
(b)(1) Examples of reasonable expectation of actual notice. You may reasonably expect that a consumer will receive actual notice if you:
(i) Hand-deliver a printed copy of the notice to the consumer;
(ii) Mail a printed copy of the notice to the last known address of the consumer;
(iii) For the consumer who conducts transactions electronically:
(A) In the case of financial institutions other than those described in §1016.3(l)(3) of this part, post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service; or
(B) In the case of financial institutions described in §1016.3(l)(3), clearly and conspicuously post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service;
(iv) For an isolated transaction with the consumer, such as an ATM transaction, post the notice on the ATM screen and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular financial product or service.
_________________________
Opinion expressed are my own and not necessarily those of my employer.

Return to Top
#1887678 - 01/16/14 07:57 PM Re: Privacy Notice leo_bsayer
leo_bsayer Offline
Platinum Poster
Joined: Aug 2006
Posts: 645
Thank you for the citation StevenD. The Visa disclosure is the Non-Visa Debit Transaction Processing.

Return to Top
#1887733 - 01/16/14 09:03 PM Re: Privacy Notice leo_bsayer
leo_bsayer Offline
Platinum Poster
Joined: Aug 2006
Posts: 645
Our estatement disclosure states that once the customer consents to receive them, the consent also includes all legal and regulatory disclosures and communications associated with your account. Is that permissible, as long as the other disclosures and communications are available in the same method as the estatements?

Return to Top
#1887761 - 01/16/14 09:40 PM Re: Privacy Notice leo_bsayer
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,370
Galveston, TX
If you are delivering them under your E-Sign agreement, it is the same as placing them in the mail.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1887766 - 01/16/14 09:45 PM Re: Privacy Notice leo_bsayer
leo_bsayer Offline
Platinum Poster
Joined: Aug 2006
Posts: 645
So, it's ok to have a statement in your agreement, similar to what I described in my previous post, as long as your are producing the documents consistently in the same manner (i.e., all .pdf).

Return to Top
#1887770 - 01/16/14 09:48 PM Re: Privacy Notice leo_bsayer
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,370
Galveston, TX
And delivering them at least annually in the manner as outlined in your E-Sign agreement - yes.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1887771 - 01/16/14 09:49 PM Re: Privacy Notice leo_bsayer
leo_bsayer Offline
Platinum Poster
Joined: Aug 2006
Posts: 645
Thank you, RL.

Return to Top

Moderator:  Andy_Z, John Burnett