We believe that you may be able to use the alternative delivery method of providing the annual privacy notice, because the removal of an entire category of parties with which you share information does not disqualify you from using the alternative delivery method. To be eligible for the alternative delivery method, you must meet several requirements, one of which is that certain information in your annual privacy notice has not changed since the last notice, “other than to eliminate . . . categories of third parties to whom you disclose information.” 12 CFR 1016.9(c)(2)(i)(D). Because you have merged with your affiliate and are not sharing information with any other affiliates, you are eliminating a category of third parties to whom you disclose information — which is not a disqualifying change. Provided that you meet all of the other requirements in 12 CFR 1016.9(c)(2), we believe you may use the alternative delivery method for providing the annual privacy notice.
Our last privacy notice disclosed that we share information with an affiliate, but we recently merged with the affiliate and do not share information with any other affiliates. Can we still use the alternative delivery method to provide our annual privacy notices online?
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