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    my Driving Discount® Mobile Application

    Terms of Use

    Please note that by downloading and using the my Driving Discount application (the “Application”) on your mobile device, you are deemed to accept the following Terms of Use (the “Terms”) and agree to be bound by them during your participation in the my Driving Discount (the “my Driving Discount program” or “program”) and you represent that you meet the eligibility criteria mentioned below.

    Federal and provincial laws may prohibit you from using your mobile device and the Application in any manner while driving. For your own safety, and the safety of everyone else on the road, Intact Insurance strongly encourages you to avoid using your mobile device or the Application while driving.

    We may modify the Terms at any time by providing notice and obtaining your consent for such modi cations where legally required to do so. Where such consent is not required, modi cations are effective immediately and you agree to be bound by them through your continued participation in the my Driving Discount program. We recommend you revisit these Terms periodically, which can be viewed at any time within the Application. Please take a moment to familiarize yourself with the Terms. If you do not accept the full Terms, you will not be eligible to participate in the my Driving Discount program, and will not be able to activate the Application. You must contact your broker to cancel your participation to the program.

    What is the my Driving Discount program?

    The my Driving Discount program is an Intact Insurance program that uses an Application installed on your mobile device for the collection and processing of driving data for rating and discount purposes. The Application is provided by OCTO Telematics North America LLC and its parent company, OCTO Telematics SpA, (collectively “OCTO”). The Application uses your mobile device’s instrumentation (such as GPS, accelerometer, gyroscope, etc.) to collect information about your driving behavior and transfers Collected Data (as de ned below) to OCTO and then to Intact Insurance. The Application enables Intact Insurance to gather, for a period of one hundred and eighty (180) days (the “Assessment Period”) subject to other provisions of these Terms, Collected Data that will assist us in analyzing your driving behaviour in order to determine your eligibility for a discount and update your insurance policy.

    Am I eligible?

    To be eligible for the my Driving Discount program the following conditions must be met:

    • your mobile device must be compatible with the most-recent version of the Application and you must ensure that the most-recent version of the Application is installed at all times;
    • your mobile device must be able to collect and transfer the Collected Data;
    • during the Assessment Period, you must maintain a data plan with your mobile service provider, allowing for Collected Data to be collected and transferred to us;
    • you need to have a valid email address;
    • you must be the principal driver of at least one vehicle insured under a car insurance policy from Intact Insurance which meets the annual premium requirement established by the my Driving Discount program;
    • the enrolled vehicle must be a private passenger vehicle (up to 4 eligible vehicles per policy) not used for commercial purposes;
    • if the vehicle is stored, you must be the principal driver of another eligible vehicle insured by the policy;
    • no more than 30 consecutive days shall elapse without a trip being tagged with you as the driver; and
    • you must meet our underwriting rules.

    Please note that the my Driving Discount program may not be available in areas where cellular coverage is non-existent or insuf cient to transmit the Collected Data on your driving behaviour. You can contact your broker to con rm your eligibility.

    How do I enroll?

    Enrolling in the my Driving Discount program is easy, completely voluntary, and at no additional cost to you (except for any data fees charged by your mobile service provider as a result of your use of the Application). Simply call your broker to enroll in the program.

    If eligible, OCTO will send you an enrollment con rmation email with instructions to download and log in to the Application (please note that if there are multiple principal drivers on the same policy registered to the my Driving Discount program, all emails related to the program will be sent to the email address associated with your policy). Once you have logged in with the username and password provided in the email, accepted the Terms and allowed the Application to access your location, the Application is activated and will begin recording Collected Data concerning the driving trips and events, which will be sent to OCTO and then to Intact Insurance. The enrollment process is then completed.

    Will I receive a discount for using the Application?

    Yes, upon enrollment in the my Driving Discount program, you will start receiving a one-time enrollment discount that will be applicable to your policy until the end of your Assessment Period. Following completion of the Assessment Period and subject to what is outlined below, your enrollment discount may be replaced by a personalized discount (the “my Driving Discount”) that takes into account the following information (collectively, “my Driving Discount Data”):

    • based on a minimum of 1,000 kilometres driven as driver of the vehicle:
      • time of day the vehicle is driven;
      • hard braking events;
      • rapid acceleration events; and
    • the information in your insurance file you have provided us with (e.g., postal code, age) (Collectively “my Driving Discount Data”)

    The my Driving Discount is not static and is subject to change upon each renewal of your policy, as of the second renewal following your enrollment in the program.

    Should you decide to opt out of the my Driving Discount program prior to the completion of the Assessment Period, you will no longer be eligible to receive either the enrollment discount or the my Driving Discount. Your premium will be adjusted accordingly, effective as of the date you terminated your participation.

    How will my discount be applied?

    The discount will be applied to the before-tax car insurance premium (Q.P.F. No 1 and endorsements) of the vehicles on the policy for which the person enrolled in the program is named as the principal driver.

    The enrollment discount will apply upon enrollment in the program. Once the Assessment Period is completed, it will be replaced, if applicable, by the my Driving Discount for the remainder of your insurance policy term if the my Driving Discount is equal to or greater than the enrollment discount. The my Driving Discount is not static and is subject to change upon each renewal of your policy, as of the second renewal following your enrollment in the program.

    If the enrollment discount is greater than the my Driving Discount, the enrollment discount will continue to apply until the end of your current policy term. At your next policy renewal, you will no longer be eligible to receive either an enrollment discount or the my Driving Discount.

    How do I use the Application?

    Your mobile device’s location services (GPS) must be turned on at all times to allow driving data to be collected.

    Once the Application is installed and activated, it captures vehicle movements and records them for every trip. For each trip that is recorded, you need to con rm whether or not you were the driver. If you were not, you must also con rm your mode of transportation (e.g. passenger, bike, public transportation, etc.). Please note that your selection is final. For each trip tagged with you as the driver, you will receive a score which will be considered to establish your personalized discount. You must tag yourself as a driver only where you were driving a car.

    Information about each trip, including scoring for the trips where you are tagged as the driver, as well as personalized discount, is available in the Application.

    How does the Application know when I am a driver during a recorded trip?

    After each trip, you have 7 days to con rm whether or not you were the driver of the vehicle. If you were not, you must also identify your mode of transportation. If you do not tag a trip within 7 days of the end of that trip, the Application will automatically tag you as the driver of the vehicle. Please note that your selection final.

    All trips where you are tagged as driver (whether tagged by you or by the Application) will be used to establish your my Driving Discount.

    When should I use the Application, and can I use it while driving another vehicle?

    The Application must remain activated on the mobile device of each principal driver enrolled in the my Driving Discount program.

    Each time you drive a vehicle, whether or not it is enrolled in the my Driving Discount program, you must have your mobile device with the installed, activated and functional Application on hand.

    Should you wish to change the enrolled vehicle during the Assessment Period, you must first contact your broker. Failure to do so may lead to an extension of the relevant Assessment Period and/or removal from the my Driving Discount program.

    Can I enroll multiple vehicles?

    Yes, each principal driver mentioned on your policy may enroll multiple vehicles in the my Driving Discount program subject to meeting eligibility requirements. Depending on the number of enrolled vehicles and/or their principal drivers under the policy and the my Driving Discount Data available, you may be eligible to receive enrollment discounts and my Driving Discounts for each eligible vehicle for which you are the principal driver. Simply call your broker for additional details on multiple vehicle enrollments.

    Will I be able to track my driving behaviour?

    The Application will allow you to track trips and driving events. You can review these at any time in the Application.

    These events relate to trips where you are tagged as driver and include the distance travelled, rapid acceleration, hard braking and time of day. You will also be able to view the my Driving Discount that you may be eligible for.

    Please note that you may not be able to track driving events when you are using the Application in areas where cellular coverage required by the Application to transmit Collected Data on your driving behaviour is non-existent or insufficient.

    What happens if the Application is deleted, is not activated, or does not collect and transfer Collected Data?

    The Application runs in the background on your mobile device, detecting your trips and gathering your Collected Data. The Application must remain activated and functional at all times except in the event of extenuating circumstances (e.g., failure of the mobile device or unavailability of the mobile network) or unless directed by Intact Insurance.

    If we are unable to obtain an accurate assessment of driving behaviour (for example, due to failure to tag trips in which you were the driver, inability of your mobile device to collect and transfer the Collected Data used for the my Driving Discount program, lack of cellular coverage and/or network in the area where you live or use your vehicle, or any misuse of the Application), you will receive noti cation advising you of such, and providing you with thirty (30) days to cure any breach of the Terms.

    We reserve the right, at our sole discretion, to extend any Assessment Period or terminate your participation in the program should we not be able to acquire an accurate assessment of your driving behaviour, especially if the Application is misused, if no trip is recorded by the Application for more than thirty (30) consecutive days, if you reside or if the vehicle is used in areas where cellular coverage is non-existent or insuf cient or if you do not meet the 1,000-kilometre threshold as a driver. If we are still unable to obtain an accurate assessment upon expiry of the notice period or should you fail to activate the Application within thirty (30) days of receipt of the email sent to you con rming your enrollment in the program, you could be removed from the my Driving Discount program and any discount received will cease to apply.

    Re-enrollment in the program following your removal from my Driving Discount, and the ability to once more receive the enrollment discount if re-enrolled, will be at Intact Insurance’s discretion.

    What must I do at the end of the Assessment Period?

    At the end of the Assessment Period, the Application will stop gathering Collected Data. If we feel, at our sole discretion, that the my Driving Discount or Collected Data is reliable, is an accurate re ection of your driving behaviour, and your continued use of the Application is not required for us to continue providing you with the my Driving Discount, you may discontinue use of the Application. You may uninstall the Application or keep it on your mobile device to be able to continue to view your my Driving Discount Data and your my Driving Discount.

    In case of malfunction of the Application or at our request, you may be required to uninstall the Application from your mobile device.

    Can I be asked to reinstall the Application?

    If the Application has been uninstalled or is not active on your mobile device and we feel that the existing my Driving Discount or Collected Data has become outdated or unreliable and is no longer an accurate reflection of your driving behaviour, if we modify the variables taken into account for the assessment of the my Driving Discount, or if the risk characteristics have changed in such a way that may indicate a change in vehicle or vehicle usage, then, at our sole discretion, we may require reinstallation and/or activation of the Application on your mobile device in order to restart the collection of Collected Data for a new Assessment Period to determine your eligibility for a new my Driving Discount. If you are receiving a my Driving Discount at the time of reinstallation, that discount will continue to apply until the discount calculation procedures outlined in the section entitled “Will I receive a discount for using the Application?” are completed, and if eligible, you will receive a new my Driving Discount based on the corresponding new my Driving Discount Data.

    Can I restart the program if I don’t like my final discount?

    Once your Assessment Period is completed and any applicable my Driving Discount has been determined by Intact Insurance, you cannot restart the program, even in situations where you may be dissatis ed with the my Driving Discount. However we may, at our sole discretion, allow for a new Assessment Period.

    Can I use or transfer the Application to another mobile device?

    Yes. To do so, you must sign out of the Application on your mobile device, download the Application onto your new mobile device, and log in to the Application.

    Does the Application affect the battery life of my mobile device?

    Use of the Application may affect your battery life. You must ensure that the mobile device is charged and functional when the vehicle is being driven so that the Collected Data may be recorded.

    Will I be charged by my mobile service provider for use of the Application?

    The Application is free and can be downloaded via Wi-Fi or cellular data. However, the Application itself will use your cellular data to transfer Collected Data to OCTO and then to Intact Insurance. You are responsible for assuming all roaming fees, data fees, plan fees, overage fees and any other fees your mobile service provider may charge you as a result of your download and use of the Application.

    Please note that, unless your data is turned off on your mobile device, Collected Data will continue to be transferred while roaming.

    PRIVACY

    What about Privacy?

    We are committed to protecting your privacy, and do our utmost to ensure that the Personal Information (as de ned below) of our customers is safeguarded properly.

    We will only collect, use and disclose your Personal Information in accordance with the my Driving Discount program, unless otherwise required by law (i.e. subpoena, police investigation, etc.), and will not disclose Personal Information to third parties, except to our authorized agents/employees and to OCTO, as required for the purpose of providing you with continuous service.

    What Personal Information is collected or shared?

    By “Personal Information”, we mean your name, mailing address, email address, vehicle year, make, model and Vehicle Identi cation Number (“VIN”), policy number, and Collected Data.

    What is included in the Collected Data?

    Collected Data includes data that is collected by or derived from data collected by the Application for the purposes of administering the my Driving Discount program.

    “Collected Data” includes:

    • information we use or may use in the future to calculate your my Driving Discount: vehicle location (GPS), GPS speed, average speed, average acceleration, distance travelled, elapsed time of trips, accelerometer and gyroscope data (acceleration, deceleration, cornering events), trip start and end dates, trip start and end times, mileage, road type, weather conditions, traf c conditions, speed limits, screen on time (e.g., use of your smartphone while driving), activation/ deactivation duration of mobile device, start/stop of location services (GPS), information about tagged/untagged trips, and other information about your driving habits;
    • information we use for diagnosing, troubleshooting, and fixing issues or problems with the Application such as: mobile device make and model, operating system version, software version, and other technical information about your mobile device; and
    • any other information you have speci cally given us permission to access within the Application such as: your pro le picture, your social media pro les, or your contacts (e.g., mobile device contacts or social media friends).

    Who sees my Personal Information?

    Your name, mailing address, email address, vehicle year, make, model and VIN, policy number and language are shared with OCTO who uses this information to give you access to the Application and send you email updates and reminders. The Application transmits the Collected Data gathered from the mobile device to OCTO, who then sends the Collected Data to Intact Insurance (excluding your pro le picture and your contacts, such as phone contacts and social media friends).

    The Application shows you aspects of the Collected Data to give you feedback on your driving habits, and show you the my Driving Discount (if any) for which you may be eligible. Trip information is updated regularly, and the my Driving Discount information is updated weekly. The same information that is available within the Application is also viewable by our authorized agents/employees, so they can assist you with any questions you might have.

    Our authorized agents/employees will have access to your Personal Information only to the extent that the information is required to enable them and us to ful ll our respective duties in accordance with these Terms.

    How is the Collected Data used?

    The my Driving Discount Data will be used by Intact Insurance to determine the level of the my Driving Discount (if any) that you may be eligible for.

    We may also analyze the Collected Data for statistical purposes and to ensure that the information in your insurance file is consistent with the information you provided to us (e.g., number of kilometres driven, etc.) and you may be contacted to see if you wish to discuss your policy further.

    The Collected Data will not be used to:

    • cancel your policy during your current policy term; or
    • refuse to renew your policy.

    However, please note that there are variables other than the Collected Data that may impact your policy pursuant to our underwriting rules, including but not limited to accidents and traf c violations.

    Where is my Personal Information stored?

    In order to provide you with the my Driving Discount program, we share your Personal Information with OCTO for data collection and processing. We are committed to protecting your privacy and take our obligation to ensure the con dentiality and security of your information seriously. We require OCTO to protect your Personal Information in a manner that is consistent with our own privacy policies and security practices. Your Personal Information may be stored by us and OCTO in Canada, the United States, and Italy. In the event that your Personal Information is transferred to a foreign jurisdiction, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and national security authorities in accordance with those laws.

    Who do I contact if I have questions about my privacy?

    If you have any questions about your privacy or would like more information, please contact our Privacy Of ce at:
    Intact Privacy Office
    700 University Avenue, Suite 1500-A
    Phone (toll free): (866) 941-5094
    Toronto, Ontario M5G 0A1
    Fax: (416) 941-5284
    E-mail address: privacy@intact.net

    DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

    The Application is made available “as-is”, “with all faults” and “as available” and it is used at your risk. Intact Insurance makes no warranties or guarantees of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Intact Insurance does not warrant that the Application and its operation will be uninterrupted or error or defect-free, that any errors or defects in the Application will be corrected, that data will not be lost or damaged, or that the Application or server(s) that make it available are free from viruses, disabling code or other contaminants.

    Intact Insurance and its af liates and suppliers shall not be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential losses or damages resulting from, arising out of, related to or in connection with, the use of, participation in or access to the program or the Application, these Terms or any related services whether provided by Intact Insurance or its af liates or suppliers.

    INTELLECTUAL PROPERTY

    The Application is protected by the Copyright Act, and its content cannot be altered without infringing on our and the author’s rights and his/her moral rights.

    Certain names, words, titles, expressions, phrases, logos, icons, graphics or designs or other content in the Application are, as the case may be, trade names or trademarks of Intact Insurance Company and its af liated companies.

    Any other questions?

    If you have any technical questions about downloading or activating the Application or its features, please call us at 1 855 785 2223.

    For any other questions regarding the my Driving Discount program or your insurance contract, please contact your broker.

    EXCEPT AS PROVIDED HEREIN, ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR POLICY SHALL CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.