191—90.16(505) Licensee exception to notice requirement.
	90.16(1) A licensee is not subject to the notice and opt-out requirements for nonpublic personal financial information if:
	a. 	The licensee is an employee, agent or other representative of another licensee; and
	b. 	The other licensee otherwise complies with, and provides the notices required by, the provisions of the rules and the licensee does not disclose any nonpublic personal financial information to any person other than the other licensee or its affiliates in a manner permitted by these rules.
	90.16(2) An excess lines broker or excess lines insurer shall be deemed to be in compliance with the notice and opt-out requirements for nonpublic personal financial information in these rules provided the following:
	a. 	The broker or insurer does not disclose nonpublic personal financial information of a consumer or a customer to nonaffiliated third parties for any purpose including joint servicing or marketing under rule 191—90.12(505) except as permitted by rule 191—90.13(505) or 191—90.14(505); and
	b. 	The broker or insurer delivers to the consumer at the time a customer relationship is established a notice on which the following is printed in 16-point type:
PRIVACY NOTICE
NEITHER THE U.S. BROKER THAT HANDLED THIS INSURANCE NOR THE INSURERS THAT HAVE UNDERWRITTEN THIS INSURANCE WILL DISCLOSE NONPUBLIC PERSONAL INFORMATION CONCERNING THE BUYER TO NONAFFILIATES OF THE BROKERS OR INSURERS EXCEPT AS PERMITTED BY LAW.
[ARC 7741C, IAB 3/20/24, effective 4/24/24]