Privacy Policy

Privacy Notice Policy
Revision Date: 4/1/2023
1. Overview
Section 502-509 of title V of the Gramm-Leach-Bliley Act (GLBA), and its implementing Regulation P, (also
known as the Privacy Rule) requires financial institutions to provide notice to customers about their
privacy policies and practices; describe the conditions under which they may disclose nonpublic personal
information about consumers to nonaffiliated third parties; and provide a method for consumers to
prevent companies from disclosing that information to most nonaffiliated third parties by opting-out of
that disclosure. Furthermore, the Fair Credit Reporting Act (FCRA) and the Right to Financial Privacy Act
(RFPA) contain provisions to ensure protection of the financial information of consumers
2. Definitions
The following definitions apply to this Policy:
 Consumer – means an individual who obtains or has obtained from a financial institution a
financial product or service that is to be used primarily for personal, family, or household purposes
and includes such an individual’s legal representative. A consumer includes an individual who
provides nonpublic personal information in order to obtain a determination about whether he or
she qualifies for a loan. A consumer also includes an individual who applies for a loan, regardless
of whether credit is extended to that person.
 Customer– means a consumer who has a “customer relationship” with a financial institution. A
“customer relationship” is a continuing relationship between a consumer and a financial
institution under which the institution provides one or more financial products or services to the
consumer that are to be used primarily for personal, family, or household purposes.
 Nonpublic Personal Information – means any information that is not publicly available and that
a consumer provides to a financial institution to obtain a financial product or service from the
institution; results from a transaction between the consumer and the institution involving a
financial product or service; or a financial institution otherwise obtains about a consumer in
connection with providing a financial product or service.
3. Policy Statement
Northeast Financial requires all employees, affiliates, and service providers to comply with all consumer
protection regulations regarding the privacy and disclosure of consumer information. Northeast Financial
also complies with all disclosure requirements regarding its privacy policies and practices by providing
customers with a privacy notice that clearly describes Northeast Financials’ practice of collecting,
protecting, and sharing customer’s nonpublic personal information (NPI) with affiliates and third parties
at the time that a customer relationship is established. Wherever local privacy regulations are more
stringent than the requirements set forth in this Policy, the more stringent requirement will be followed.
Northeast Financial will send a copy of the privacy notice to all new customers in the timeframes specified
in the Privacy Rule. Northeast Financial will also provide a privacy notice annually during the continuation
of the customer relationship, if applicable.
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4. Privacy Notice Requirements
Northeast Financial complies with the following privacy notice requirements under the GLBA and, when
applicable, the FCRA. Further, the GLBA provides that Northeast Financial will obtain a “safe harbor” and
will satisfy the disclosure requirements for notices if it chooses to use the model form provided under the
GLBA.
A. Initial Privacy Notices
Northeast Financial is required to provide an initial privacy notice to customers when a customer
establishes a relationship with Northeast Financial by providing any personally identifiable financial
information in an effort to obtain a mortgage loan.
Northeast Financial is also required to provide a consumer a privacy notice before sharing NPI with
nonaffiliated third parties outside of the exceptions described below. If Northeast Financial doesn’t
share information with nonaffiliated third parties, or if it only shares within the exceptions, Northeast
Financial does not have to provide a privacy notice to consumers.
If Northeast Financial is required to provide a privacy notice to consumers, it may choose to give a
“short-form notice” instead of a full privacy notice. The short-form notice must:
 explain that Northeast Financials’ full privacy notice is available on request;
 describe a reasonable way that consumers may obtain the full privacy notice; and
 include an opt-out notice.
B. Annual Privacy Notices
Northeast Financial also sends annual privacy notices to their customers during the continuation of
the customer relationship, if applicable. The annual notice must accurately describe Northeast
Financials’ privacy policies and practices in effect at the time the notice is sent.
Annually means at least once in any period of 12 consecutive months during which that relationship
exists. Northeast Financial does not send privacy notices after the relationship with the customer has
ended.
C. Information Included in Privacy Notices
The privacy notice includes:
 The categories of NPI that Northeast Financial collects;
 The categories of NPI that Northeast Financial discloses;
 The categories of affiliates and nonaffiliated third parties to whom Northeast Financial discloses
NPI;
 The categories of NPI about former customers that Northeast Financial discloses and the
categories of affiliates and nonaffiliated third parties to whom Northeast Financial discloses NPI
about former customers;
 If Northeast Financial discloses NPI to a nonaffiliated third party, a separate statement of the
categories of information it discloses and the categories of third parties with whom Northeast
Financial has contracted;
 An explanation of the consumer’s right under Regulation P §1016.10(a) to opt-out of the
disclosure of NPI to nonaffiliated third parties, including the method(s) by which the consumer
may exercise that right at that time;
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 Any disclosures made under section the Fair Credit Reporting Act (that is, notices regarding the
ability to opt-out of disclosures of information among affiliates); and
 Northeast Financial policies and practices with respect to protecting the confidentiality and
security of NPI.
D. Exceptions to Privacy Notice Requirement
Exceptions for processing transactions at consumer’s request – Exceptions to the initial privacy notice,
opt-out and for service providers and joint marketing do not apply if Northeast Financial discloses NPI
as necessary to effect, administer, or enforce a transaction that a consumer requests or authorizes,
or in connection with:
 Servicing or processing a financial product or service that a consumer requests or authorizes;
 Maintaining or servicing the consumer’s account with Northeast Financial, or with another entity
as part of a private label credit card program or other extension of credit on behalf of such entity;
or
 A proposed or actual securitization, secondary market sale (including sales of servicing rights), or
similar transaction related to a transaction of the consumer.
5. Opt-Out Notice
Opt-out means a direction by the consumer that Northeast Financial may not disclose NPI about that
consumer to a nonaffiliated third party, other than as permitted by law. The opt-out notice is a clear and
conspicuous notice to all customers that accurately explains the right to opt-out under that section. The
notice states:
 that Northeast Financial discloses or reserves the right to disclose NPI about a consumer to a
nonaffiliated third party;
 that the consumer has the right to opt-out of that disclosure; and
 a reasonable means by which the consumer may exercise the opt-out right.
A. Exceptions to Opt-Out Notice
The requirements for initial notice and for service providers and joint marketing do not apply when
Northeast Financial discloses NPI:
 With the consent or at the direction of the consumer, provided that the consumer has not revoked
the consent or direction;
 To protect the confidentiality or security of Northeast Financial records pertaining to the
consumer, service, product, or transaction;
 To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other
liability;
 For required institutional risk control or for resolving consumer disputes or inquiries;
 To persons holding a legal or beneficial interest relating to the consumer or acting in a fiduciary
or representative capacity on behalf of the consumer;
 To provide information to insurance rate advisory organizations, guaranty funds or agencies,
agencies that are rating Northeast Financial, persons that are assessing Northeast Financial
compliance with industry standards, and Northeast Financial attorneys, accountants, and
auditors;
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 To the extent specifically permitted or required under other provisions of law and in accordance
with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including the Bureau,
a Federal functional regulator, the Secretary of the Treasury, with respect to 31 U.S.C. Chapter 53,
Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C.
Chapter 21 (Financial Recordkeeping), a state insurance authority, with respect to any person
domiciled in that insurance authority’s state that is engaged in providing insurance, and the
Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter
related to public safety;
 To a consumer reporting agency in accordance with the Fair Credit Reporting Act;
 From a consumer report reported by a consumer reporting agency;
 In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of
a business or operating unit if the disclosure of NPI concerns solely consumers of such business
or unit;
 To comply with Federal, State, or local laws, rules and other applicable legal requirements;
 To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or
summons by Federal, state, or local authorities; or
 To respond to judicial process or government regulatory authorities having jurisdiction over
Northeast Financial for examination, compliance, or other purposes as authorized by law.
6. Revised Notices
The Privacy Rule is designed to enable consumers to make opt-out decisions based on an accurate
description of a financial institution’s privacy policies and practices. Before disclosing NPI about a
consumer to a nonaffiliated third party other than as described in Northeast Financials’ most recent
privacy notice, Northeast Financial must provide the consumer a revised initial notice, a new opt-out
notice, and reasonable opportunity to opt out.
A revised notice is not required in the instance where Northeast Financial makes a change to disclose NPI
to a new nonaffiliated third party that was adequately described in its prior notice.
7. Delivery Requirements
Northeast Financial provides the required privacy and opt-out notices simultaneously. Northeast Financial
provides privacy notices and opt-out notices so that each consumer can reasonably be expected to receive
actual notice in writing. The notice can be hand-delivered, mailed, or, if the consumer consents, delivered
electronically.
8. Prohibition on Disclosure of Account Notices
The Privacy Rule prohibits financial institutions from sharing account numbers or similar access numbers
or codes for marketing purposes. This prohibition applies even when a consumer or customer has not
opted-out of the disclosure of NPI concerning his or her account.
Under no circumstances will Northeast Financial disclose, other than to consumer reporting agencies,
access codes or account numbers for use in marketing.
9. Limitations on Redisclosure or Reuse of NPI
When a financial institution receives NPI from a nonaffiliated financial institution, its disclosure and use
of the information is limited as follows:
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 For NPI received under any of the privacy and opt-out notice exceptions outlined above, the
financial institution is limited to:
o Disclosing the information to the affiliates of the financial institution from which it
received the information;
o Disclosing the information to its own affiliates, who may, in turn, disclose and use the
information only to the extent that the financial institution can do so; and
o Disclosing and using the information pursuant to any of the privacy and opt-out notice
exceptions outlined above (for example, an institution receiving information for account
processing could disclose the information to its auditors).
 For NPI received other than under any of the privacy and opt-out notice exceptions outlined
above, the recipient’s use of the information is unlimited, but its disclosure of the information is
limited to:
o Disclosing the information to the affiliates of the financial institution from which it
received the information;
o Disclosing the information to its own affiliates, who may, in turn disclose the information
only to the extent that the financial institution can do so; and
o Disclosing the information to any other person, if the disclosure would be lawful if made
directly to that person by the financial institution from which it received the information.
10. Fair Credit Reporting Act and Privacy
The Fair Credit Reporting Act (FCRA), among other things, allows financial institutions to share information
with others about its own transactions or experiences with a consumer. However, when a financial
institution shares information about third-parties’ transactions with a consumer, such as sharing a list of
its customers and information such as their credit scores with another financial institution to jointly
market or sponsor other financial products or services, it could cause the financial institution to be
considered a consumer reporting agency that is subject to strict guidelines under FCRA. Furthermore, civil
or criminal penalties could apply if a financial institution fails to comply with any requirements of the
FCRA.
Financial institutions can avoid additional requirements and penalties under FCRA by not providing others
with information from credit reports or third-party transactions. Additionally, FCRA contains an exception
that allows financial institutions to share information contained in consumer reports and other
information, such as information on an application for credit, as long as that information is shared with
an affiliate and before the information can be used for marketing and solicitation, the financial institution:
 clearly and conspicuously discloses to the consumer that the information may be shared with an
affiliate; and
 gives the consumer the opportunity, before the information is shared, to opt-out of having their
information shared.
The GLBA notice is sufficient to meet FCRA notice requirements for sharing information with affiliates.
Furthermore, the FCRA notice and opt-out requirements do not apply to a financial institution if it uses
eligibility information that it receives from an affiliate to make a solicitation for marketing purposes to a
consumer with whom the financial institution has a preexisting business relationship.
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means, to any party outside of Northeast Financial LLC, its regulators, or investors. © Strategic Compliance Partners. All rights reserved.
11. The Right to Financial Privacy Act
The Right to Financial Privacy Act (RFPA) protects a customer’s right to privacy with respect to information
being disclosed to the federal government regarding the financial records maintained about the customer
by financial institutions. The RFPA is intended to balance the federal government’s need for information
when conducting a criminal investigation with the customer’s right to privacy. It establishes specific
procedures that federal government authorities must follow in order to obtain information from a
financial institution about a customer’s financial records. Generally, these requirements include obtaining
subpoenas, notifying the customer of the request, and providing the customer with an opportunity to
object.
Under the RFPA, the government must reasonably describe the records it wants and may use one of
five methods to obtain those records:
 Customer Authorization
Under this method the customer must give a signed and dated authorization to both the
government and the institution. Further, the authorization must state the customer’s rights under
the RFPA. In this document, the customer must:
o Authorize the disclosures for no more than 3 months.
o State that the authorization can be revoked at any time before records are disclosed.
o Identify the records to be disclosed
o Specify the purpose for which, and the government authority to which, records may be
disclosed.
 Administrative Subpoena or Summons
A government authority may obtain financial records using an administrative subpoena or
summons if there is reason to believe the records are relevant to a legitimate law enforcement
inquiry. A copy of the subpoena or summons must have been served to the customer, or mailed
to the customer’s last known address, on or before the date on which it was served to the financial
institution and it should include a notice regarding the nature of the law enforcement inquiry and
notify the customer of his or her right, and procedures, to contest the inquiry.
 Search Warrants
Search warrants must be obtained according to the federal rules of criminal procedure. The
customer must receive a copy of the search warrant no later than ninety days after it is issued and
receive a notice of his or her rights under the RFPA.
 Judicial Subpoena
A government authority can obtain financial records under a judicial subpoena only if there is a
reason to believe the records are relevant to a legitimate law enforcement inquiry. When a judicial
subpoena is issued, the subpoena must have been served to the customer, or mailed to the
customer’s last known address, and it must state the nature of the law enforcement inquiry and
notify the customer of his or her right, and procedures, to contest the inquiry.
 Formal written request
A government agency may request financial records using a formal written request only if all of
the following conditions are met:
o The government agency doesn’t appear to have legal authority to issue a summons or
subpoena;
o The request is authorized by regulation issued by the head of the agency; or
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o There is reason to believe the records are relevant to a legitimate law enforcement
inquiry.
When a formal written request is used, it must have been served to the customer, or mailed to
the customer’s last known address, and it must state the nature of the law enforcement inquiry
and notify the customer of his or her right, and procedures, to contest the inquiry.
The RFPA also contains exceptions for depository institutions under 12 US Code Section 3413, allowing
these institutions to, among other things, disclose:
 financial records that are not identified with or identified as coming from a particular customer;
 customer financial records to its supervisory agencies;
 financial records or information required by federal statute; and
 financial information in accordance with procedures authorized by the IRS.