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General
Policy Statement:
The Credit Union recognizes its responsibility to
protect the privacy of member nonpublic personal
information. The
purpose of this policy is to set forth the guidelines
under which such information may be shared with third
parties. It
is the intent of the Credit Union and any of it's
affiliates to abide by all applicable laws and
regulations governing the privacy of nonpublic personal
information including NCUA Privacy of Consumer
Financial Information rule (Part 716) and the FTC
Privacy rule (Part 313) for affiliates, issued to
implement the provisions of the Gramm-Leach-Bliley act.
Guidelines:
(1)
DEFINITIONS.
For the purpose of this privacy policy, the
following definitions shall apply.
(a)
Affiliate.
To be considered an affiliate, the Credit Union
must have the ownership, control or power to vote 25% of
the shares; control the election of a majority of the
directors, trustees and partners; the power to exercise
a controlling influence over the company's management of
policies, or have any ownership interest in a company
that is 67% owned by credit unions.
(b)
Consumer.
A consumer is an individual who has obtained a
financial product or service from the Credit Union for
personal, family or household purposes.
A consumer is not necessarily a member of the
Credit Union
(c)
Member.
A member is a consumer with whom the Credit Union
has, or has had in the past, a continuing relationship
where the Credit Union has provided one or more
financial products or services for personal, family or
household purposes.
(Example: i. joint account held by a member and a
nonmember spouse, ii. a former member.)
(d)
Nonpublic
Personal Information.
This information must be personally identifiable
with the consumer, be obtained by the Credit Union in
the course of providing a financial product or service
to that consumer, and not be publicly available.
(2)
COLLECTION
OF INFORMATION.
In the course of delivering products and
services, the Credit Union obtains member information,
either directly from the member or from outside sources.
This information is used to comply with federal
and state laws and regulations, to provide effective
member service and to inform members of product and
services which may be of interest.
(3)
MAINTENANCE
OF ACCURATE INFORMATION.
The Credit Union will exercise reasonable caution
in the gathering and maintenance of information to
ensure its accuracy.
When inaccurate information is discovered, it
will be corrected as promptly as possible.
(4)
DISCLOSING
INFORMATION TO THIRD PARTIES.
The Credit Union will not sell or provide
personal nonpublic
information to third parties for their
independent use. The
Credit Union may share personal nonpublic information
with its affiliate, if applicable.
The Credit Union also may share its experience
information about the member with credit bureaus.
The Credit Union's reporting to credit bureaus is
governed by the Fair Credit Reporting Act, which affords
the member the right to make sure that its credit bureau
reports are accurate.
It is the Credit Union's policy to prohibit the
disclosure of nonpublic personal information to
non-affiliated third parties, however except under the
following conditions:
(a)
When disclosure is required to complete
member-authorized transactions (such as check or credit
card processing).
(b)
To verify information
for a third party (such as a credit bureau), as
permitted by law.
(c)
To comply with a court order or applicable laws
or regulations.
(d)
When authorized by written permission from the
member.
(e)
As part of a member service agreement with a
Board approved service partner, provided the third party
is contractually bound to perform services and to
maintain the confidentiality of the information.
(5)
RESPONSIBILITY
OF SERVICE PARTNERS.
The Credit Union will only approve service
providers with established policies of privacy similar
to those of the Credit Union.
The Credit Union will require contractual
agreements from third parties that will include
confidentiality of member information disclosed by the
Credit Union and prohibit the service provider from
disclosure and reuse of nonpublic personal information
for any reason other than the intended purpose.
(6)
CONFIDENTIALITY
AND SECURITY SAFEGUARDS.
The Credit Union maintains strict policies and
security controls to assure that nonpublic personal
information in the Credit Union's computer systems and
files is protected.
(a)
Credit Union employees and certain contractors
are permitted access to nonpublic personal information
that they may need to perform their jobs and to provide
service to the members.
(b)
Credit Union employees and contractors will have
access to such nonpublic personal information only as
necessary to conduct a transaction or respond to a
member's inquiries.
(c)
All Credit Union employees and contractors will
be required to respect member privacy through
confidentiality and information security provisions
included in the Credit Union's employee policy manual
and service agreements with the contractors.
(d)
No one except Credit Union employees and
authorized contractors will have regular access to the
Credit Union computer system and records storage.
The Credit Union has established internal
security controls, including physical, electronic and
procedural safeguards to protect the member nonpublic
personal information provided to the Credit Union and
the information the Credit Union collects about the
member. The
Credit Union will continue to review its internal
security controls to safeguard member nonpublic personal
information as the Credit Union employs new technology
in the future.
(7)
PRIVACY
OF ELECTRONIC TRANSACTIONS.
(a)
Encryption.
Electronic interfaces with members (such as
Internet transactions) will be encrypted using Secure
Socket Layer (SSL) 128-bit encryption.
(b)
Account
Access. Member
account information and transactions will be protected
by a password that must be used in conjunction with a
username or account number.
Members must apply for this capability and be
registered with the Credit Union for authentication
purposes.
(c)
"Cookies".
The Credit Union may use "cookies" as
part of its web site interface.
A "cookie" is a small file that is
placed on the user's computer.
While it contains no member information, it
identifies the member's computer and allows the Credit
Union to measure usage of the web site and customize the
web site experience.
(d)
Links.
The Credit Union will frequently link to other
sites as a convenience to our members.
The Credit Union will seek to link with other
sites that adhere to similar privacy standards.
However, the Credit Union is not responsible for
the content of linked sites, or for their policies on
the collection of member information.
(8)
DISCLOSURE
OF PRIVACY POLICY.
The Credit Union will disclose its privacy policy
as required by law.
(a)
Privacy
Policy May Be Combined With or In Other Documents.
The Credit Union's privacy policy may be printed
in a document containing other information, so long as
the privacy policy is set apart from the other content
by using graphics, a different type style, or any other
method to set it apart.
The Credit Union and its CUSO affiliate may
combine their policy disclosures in a single form
(provided the applicable disclosure requirements are
satisfied).
(b)
One-Time
Mailing. The
Credit Union and its CUSO affiliate (if applicable) will
deliver a privacy policy notice to all existing members
and CUSO customers before July 1, 2001.
In order to avoid a special mailing of it's
privacy policy prior to July, 2001, the Credit Union may
include its privacy policy as a stand-alone insert in a
regular mailing that reaches all existing members/CUSO
customers before this deadline, such as with it's
quarterly or monthly periodic statements, or Credit
Union newsletter.
(c)
New
Member/Customer Privacy Policy.
The Credit Union and CUSO will deliver a privacy
policy to each new member/consumer who establishes a
relationship on or after July 1, 2001.
The privacy policy will be provided at or before
an establishment of a member relationship, i.e. before
the member/consumer signs the account card or other
applicable document.
A new privacy policy need not be given for each
subsequent account opening, if the privacy policy
provided for the one-time mailing to existing members or
the policy at new account opening has not changed from
the previously provided privacy policy.
(d)
Annual
Mailing. The
Credit Union and CUSO will provide a privacy policy to
all members/consumers at least annually (once during any
12 consecutive months).
The Credit Union need not provide an annual
notice to members or consumers who no longer have a
relationship with the Credit Union or CUSO.
(9)
MEMBERS'
RIGHT TO "OPT OUT".
Privacy regulations allow members to "opt
out" of having their information disclosed to third
parties in certain situations.
Before the Credit Union discloses any member
information to a nonaffiliated third party that is
otherwise covered by a disclosure exception under part
716, the
Credit Union must properly inform members of their right
to "opt out" and to record and honor "opt
out" requests.
(10)
PRIVACY
COMPLIANCE. The
Credit Union and any of its affiliates will comply with
all applicable laws and regulations governing the
privacy confidentiality, security, and integrity of
nonpublic personal information including the NCUA
privacy Rule (Part 716), the FTC privacy rule (Part 313)
for affiliates, and all other applicable state and
federal privacy laws and regulations as amended.
(11)
ADMINISTRATION
AND AMENDMENTS.
(a)
Protecting Member privacy is an ongoing process
and the Credit Union will continue to evaluate and
review the measures taken to safeguard member
information.
(b)
The Credit Union will provide training to
employees on how to recognize and control risk to
nonpublic personal information, how to handle nonpublic
personal information, and how to report unauthorized or
fraudulent attempts to gain access to nonpublic personal
information.
(c)
The Credit Union will create controls and
procedures whereby any new product, services, or
delivery method shall be reviewed and modified to insure
that it conforms to existing Credit Union privacy
policies with regards to nonpublic personal information.
(d)
If nonpublic personal information is shared with
vendors for a business purpose, all contracts and
agreements between the vendors and the Credit Union will
include a guarantee that the vendor will safeguard such
information.
(e)
Since no policy can address every possible
contingency and circumstance, Credit Union management
shall use its good faith business judgement in
administering this privacy policy and expects that all
officers, volunteers and employees will use good faith
in their actions to protect the privacy of Credit Union
members.
(f)
The Credit Union reserves the right to amend this
privacy policy in any respect with disclosure to members
as required by law.
(12) COMPLAINT NOTIFICATION
This credit union is incorporated under the laws of the State of Texas and under state law is subject to regulatory oversight by the Texas Credit Union Department. Any member wishing to file a complaint against the credit union should contact the Texas Credit Union Department through one of the means indicated below: In person or by U.S. Mail: 914 East Anderson Lane, Austin, Texas 78752-1699, Telephone Number: (512) 837-9236, Fax Number: (512) 832-0278, Email: complaints@tcud.state.tx.us , Website: www.tcud.state.tx.us
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