Form #1 - Provide Opt out? Yes - Affiliate Marketing? - Yes

Form #2 - Provide Opt out? Yes - Affiliate Marketing? - No

Form #3 - Provide Opt out? No   - Affiliate Marketing? - Yes

Form #4 - Provide Opt out? No   - Affiliate Marketing? - No

Form #5 - Provide Opt out? Yes, vial mail-in form - Affiliate Marketing? Yes

Form #6 - Provide Opt out? Yes, via mail-in form - Affiliate Marketing? No

A dealer must determine which form meets their dealership practices on collecting and sharing "nonpublic personal information" from their customers.  Most dealerships will not need to provide an opt-out notice.

Affiliate marketing means the dealership shares personal information about their customer to another company that has common ownership (for marketing purposes). 

Non-Affiliate Marketing means a dealership shares personal information with another company that has no common ownership (for that company's marketing purposes).

The six Model Privacy Notice forms can be viewed, customized and printed at the FTC's website:  http://www.federalreserve.gov/bankinforeg/privacy_notice_instructions.pdf

You cannot save your changes on the website, but you can print the forms and make copies.

General Instructions

B)  Logo.  A dealership may include a logo on any page of the notice so long as it does not interfere with the readability of the model form or does not interfere with the space constraints of each page.

C) Page size and orientation.  Each page of the model form must be printed on paper in portrait orientation, the size of which must be sufficient to meet the layout and minimum font size requirements with sufficient white space on the top, bottom, and sides of the content.

D)  Color.  The model form must be printed on white or light color paper (such as cream) with black or other contrasting ink color.  Spot color may be used to achieve visual interest, so long as the color contrast is distinctive and the color does not detract from the readability of the model form.  Logos may also be printed in color.

E)  Languages.  The model form may be translated into languages other than English

(b)  "What?" box - General Instructions.

1. The bulleted list identifies the types of personal information that the institution collects and shares.  All dealerships must use the term "Social Security number" in the first bullet.
2. Dealers must use five (5) of the following terms to complete the bulleted list (most common *):

• income *
• account balances *
• payment history *
• transaction history
• transaction or loss history
• credit history *
• credit scores *
• assets
• investment experience
• credit-based insurance scores
• insurance claim history
• medical information
• overdraft history
• purchase history
• account transactions
• risk tolerance
• medical-related debts
• credit card or other debt
• mortgage rates and payments
• retirement assets
• checking account information
• employment information
• wire transfer instructions

(c)  "How?" box and "Reasons for Sharing" - General instructions.  Add the word "customers'" before "personal information" and add the dealership name for [name of financial institution].   In the Disclosure Table:

1. The left column lists reasons for sharing or using personal information
2. The middle column must provide a "Yes" or "No" response that accurately reflects your dealership's sharing policies and practices with respect to the reason listed on the left
3. In the right column, each dealership must provide in each box one of the following three (3) responses that reflects whether a consumer can limit such sharing

• "Yes" if it is required to or voluntarily provides an opt-out
• "No" if it does not provide an opt-out; or if information is required to process the transaction, maintain accounts, or respond to court orders and investigations
• "We don't share" if it answers "No" in the middle column.

(d)  Reasons you can share your customer's personal information

1.  For our everyday business purposes. [Yes - dealers share] [No - cannot limit]  This information must be shared by the dealership for the dealership to process transactions, maintain account(s), respond to court orders and legal investigations, and to report to credit bureaus.

2.  For our marketing purposes.  [Yes - if you offer products/services to your customer] [No - cannot limit] because you share information with service providers for marketing of your own products or services, or a third party uses the information solely to carry out the purpose for which you disclosed the information.  An institution that shares for this reason may choose to provide an opt-out.

3.  For joint marketing with other financial companies.  [Yes - you may jointly market with another financial company] [No - cannot limit]  Dealers sharing information under joint marketing agreements between the dealership and other financial institutions or with any service provider used in connection with such agreements.  An institution that shares for this reason may choose to provide an opt-out.

4.   For our affiliates' everyday business purposes.  [Yes - you may share with your affiliate]  [No - cannot limit]  Dealers can share information about transactions and experiences used solely between the consumer and the dealer, or information with an affiliate (Affiliate means any company related by common ownership or by corporate control).  An institution that shares for this reason may choose to provide an opt-out.

5.  For our affiliates' everyday purposes.  Dealers share information about creditworthiness.  A dealership that shares for this reason must provide an opt-out.

6.    For our affiliates to market to you.  Dealers can share personal information with an affiliate for the affiliate's solicitation of marketing products or services Dealer must provide an opt-out.   This reason may be omitted from the disclosure table when:

• the institution does not have affiliates
• or does not disclose personal information to its affiliates

7.   For non-affiliates to market to you.  A dealership that shares personal information with a non-affiliate who markets that other companies products or services must provide an opt-out.

e.   To limit our sharing:  A dealership must include this section of the model form only if it provides an opt-out.  Dealers must select one or more of the applicable opt-out methods described:

• Telephone - such as by a toll-free number.  May include the words "toll-free" before telephone
• Website - a dealership that allows consumers to opt-out online must provide either a specific Web address that takes consumers directly to the opt-out page, or a general Web address that provides a clear and conspicuous direct link to the opt-out page
• Mail-in opt-out form
• The opt-out choices made available to the consumer who contacts the institution through these methods must correspond accurately to the "Yes" responses in the third column of the disclosure table.
• In the part titled "Please note" dealers must provide at least 30 days to allow the customer to opt-out prior to sharing the information

f.    Questions box.  Customer service contact information must be inserted:

• phone number
• website

g.   Mail-in Opt-out Form.  For Dealerships Using the Mail-in Opt-out Form

• Dealerships must include this mail-in form only if they state in the "To limit our sharing" box that consumers can opt out by mail
• The mail-in form must provide opt-out options that correspond accurately to the "Yes" responses in the third column in the disclosure table.
• A dealership must enter its opt-out mailing address

Joint Accounts:  If you provide joint account holders the choice to opt-out, you must include:

•  in the far left column of the mail-in form the following statement: If you have a joint account, your choice(s) will apply to everyone on your account unless you mark below "Apply choice(s) only to me".
• the following statement: "Do not share information about my creditworthiness with your affiliates for their everyday business purposes".
• the following statement: "Do not allow your affiliates to use my personal information to market to me"
• the following statement: "Do not share my personal information with non-affiliates to market their products and services to me"

3.  Page two. 

(a)  Questions - General Instructions.

1. "Who is providing this notice?"  This question may be omitted where only one financial institution provides the model form and that dealership is clearly identified in the title on Page One.
2. "How does [name of dealership] protect my personal information?  A dealership may provide additional information pertaining to its safeguards practices following the designated response to this question.  Institutions are limited to a maximum of 30 additional words.
3. "How does [name of dealership] collect my personal information?"  Dealers must use five (5) of the following terms to complete the list for this question (most common *):

• open an account
• deposit money
• pay your bills
• apply for a loan
• use your credit or debit card
• seek financial or tax advice
• apply for insurance
• pay insurance premiums
• file an insurance claim
• seek advice about your investments
• buy securities from us
• sell securities to us
• direct us to buy securities
• direct us to sell your securities
• make deposits or withdrawals from your account
• enter into an investment advisory contract
• give us your income information *
• provide employment information *
• give us your employment history *
• tell us about your investment or retirement portfolio
• tell us about your investment or retirement earnings
• apply for financing *
• apply for a lease
• provide account information
• give us your contact information
• pay us by check
• give us your wage statements
• provide your mortgage information
• make a wire transfer
• tell us who receives the money
• tell us where to send the money
• show your government-issued ID
• show your driver's license *
• order a commodity futures or option trade

Dealers that collect personal information from their affiliates and/or credit bureaus must include after the bulleted list the following statement:  "We also collect your personal information from others, such as credit bureaus, affiliates, or other companies".

Dealers that do not collect personal information from their affiliates or credit bureaus but do collect information from other companies, must include the following statement instead: "We also collect your personal information from other companies".

Only dealers that do not collect any personal information from affiliates, credit bureaus, or other companies can omit both statements.

4.  Why can't I limit all sharing? - Provided

5.  What happens when I limit sharing for an account I hold jointly with someone else?   Only dealerships that provide opt-out options must use this question.  Dealers must choose one of the following two statements to respond to this question:

• your choices will apply to everyone on your account
• or your choices will apply to everyone on your account, unless you tell us otherwise

(b)  Definitions - General Instructions - The financial institution must customize the space below the responses to the three definitions in this section.  This specific information must be in "italicized lettering" to set off the information from the standardized definitions.

1.  Affiliates.  Where [affiliate information] appears, you must:

• If you have no affiliates, state [name of dealership] has no affiliates
• If you have affiliates but do not share personal information, state: [name of dealership] does not share with our affiliates; or
• If you share with affiliates, list the affiliates with which you share personal information

2.  Non-Affiliates.  Where [non-affiliate information] appears, you must:

• If you do not share with non-affiliated third parties, state: [name of dealership] does not share with non-affiliates so they can market to you; or
• If you share with non-affiliated third parties, state, as applicable: "non-affiliates we share with can include [list categories of companies such as mortgage companies, insurance companies, direct marketing companies, and non-profit organizations]."

3.  Joint-Marketing.  Where [joint marketing] appears, you must:

• If you do not engage in joint marketing, state: [name of financial institution] doesn't jointly market; or
• If you share personal information for joint marketing, state: Our joint marketing partners include [list categories of companies such as credit card companies]. 

(c)  Other Important Information box - General Instructions.  This box is optional.  The space provided for information in this box is not limited. 

DEALERS SHOULD SECURE THE CONSUMER'S SIGNATURE AS ACKNOWLEDGMENT OF RECEIPT OF THIS FORM AND RETAIN A COPY IN YOUR FILES.

Mastery Exam Seminar:

• Mar 8, 2011               9:00am - 12:00pm     Lakewood
• Apr 26, 2011             9:00am - 12:00pm     Lakewood
• Apr 29, 2011             8:30am - 12:00pm     Montrose

• Mar 11, 2011             1:00pm - 5:00pm      Montrose
• Mar 22, 2011             9:00am - 1:00pm      Lakewood
• May 10, 2011            9:00am - 1:00pm      Lakewood

• Apr 12, 2011            9:00am - 1:00pm     Lakewood
• Apr 29, 2011            1:00pm  - 5:00pm    Montrose
• May 26, 2011           9:00am - 1:00pm     Lakewood