| (a) A covered entity is not subject to the notice and
opt out requirements for nonpublic personal financial information
set out in this subchapter if the covered entity is an employee, agent,
or other representative of another covered entity (a principal) and:
(1) the principal otherwise complies with, and provides
the notices required by, the provisions of this subchapter; and
(2) the covered entity does not disclose any nonpublic
personal financial information to any person other than the principal
or its affiliates in a manner permitted by this subchapter.
(b) Subject to subsection (c) of this section, covered
entity includes an eligible surplus lines insurer for transactions
where Texas is the home state of the insured to the extent the insurer
accepts business placed through a person subject to Insurance Code
Chapter 981.
(c) A person transacting surplus lines business will
be deemed to be in compliance with the notice and opt out requirements
for nonpublic personal financial information set out in this subchapter
provided:
(1) the person does not disclose nonpublic personal
financial information of a consumer or customer to nonaffiliated third
parties for any purpose, including joint servicing or marketing under §22.17
of this title (relating to Exception to Opt Out Requirements for Disclosure
of Nonpublic Personal Financial Information for Service Providers
and Joint Marketing), except as permitted by §22.18 of this title
(relating to Exceptions to Notice and Opt Out Requirements for Disclosure
of Nonpublic Personal Financial Information for Processing and Servicing
Transactions), and §22.19 of this title (relating to Other Exceptions
to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal
Financial Information); and
(2) the person delivers a notice to the consumer at
the time a customer relationship is established on which the following
is printed in at least 16-point type:
Attached Graphic
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