Bulletin: SLS2009003

Date:
February 26, 2009
To:
All Issuing Offices
RE:
Privacy of Personal Information; Updated Privacy Notice [Revised 01-17-14]

Dear Associates:

Privacy Requirements

The Gramm-Leach-Bliley Financial Services Modernization Act (GLBA) protects the privacy of nonpublic personal information relating to consumers and customers. GLBA and related regulations impose requirements upon title insurance companies and settlement agents to protect the confidentiality of nonpublic personal information. You may see these requirements by reviewing:

Bulletin NL000103 This Bulletin discusses GLBA and your privacy obligations, including protected information and required privacy disclosures.

Bulletin SLS00160 This Bulletin discusses rules regarding the safeguarding of nonpublic personal information.

In addition, the Federal Trade Commission (FTC) adopted rules for the proper disposal of consumer information by businesses. You may see these requirements by reviewing:

Bulletin SLS00253 Privacy of Personal Information of Consumers and Customers; Disposal and Updated Privacy Notice.

Updated Privacy Notices

Attached are updated Privacy Notices (Revised 01/26/09).

STG Privacy Notice 1 describes the privacy policies of Stewart Title Guaranty Company and its affiliates. STG Privacy Notice 1 must be provided to individuals in non-commercial transactions in all cases where the Company or its affiliated underwriter is the title insurer and/or where the Company or its affiliates provide closing and/or escrow services. STG Privacy Notice 1 does not require any additional information.

STG Privacy Notice 2 is available for use by independent agencies or unaffiliated escrow/settlement agents. These entities must provide their own privacy notices, in addition to STG Privacy Notice 1. If you use STG Privacy Notice 2, please fill in the applicable blanks (e.g., the name of the company or attorney providing closing or escrow services) before delivering it.

You may put both STG Privacy Notice 1 and STG Privacy Notice 2 on the same sheet of paper. Neither form allows the sharing of nonpublic personal information with non-affiliates. You are not authorized to share nonpublic personal information that you collect on our behalf with non-affiliated persons. If you share nonpublic personal information, you may be subject to additional disclosures and you must consult with your own counsel.

You must provide the Privacy Notice(s) to individuals (including buyers, sellers, and borrowers) who are buying or selling their home or obtaining a loan on their home, at the earliest to occur of the following:

(A) with the title insurance commitment, if you deliver a commitment to them for an owner's or loan policy;

(B) at the time of closing, if you perform closing or escrow services, and you have not previously provided the Privacy Notice to them;

(C) with the title policy, if you issue a title policy to them, and you have not previously provided the Privacy Notice to them.

You are not required to obtain signatures or keep a written receipt of the Privacy Notice. You are not required to deliver the Privacy Notice more than once to any individual per transaction.

These Privacy Notices are not intended to replace or substitute for mandated state specific privacy notices in states such as California and Oregon, and must be provided in addition to those notices.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.