(Usage Based Insurance Endorsement)¹

Please note that by downloading and using the my Drive 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 Drive program (the “Program”) and you represent that you meet the eligibility criteria mentioned below.

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

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 Program, and will not be able to activate the Application. You must contact your broker to cancel your participation in the Program.

The my Drive program is an Novex 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 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 behaviour and transfers Collected Data (as defined below) to OCTO and then to Novex Insurance. The Application enables Novex Insurance to gather, for a period as determined by Novex Insurance (“Assessment Period”), (minimum of one hundred and eighty (180) days), 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 accordingly.

To be eligible for the 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;
• your region must have cellular coverage available to sufficiently transmit Collected Data regarding your driving behaviour (you can contact your mobile phone provider for details); and
• you must meet our underwriting rules.

You can contact your broker to confirm your eligibility.

Enrolling in the 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 contact your broker, or for more information you can visit our website at www.intact.ca/my-driving-discount-group-insurance. If eligible, you will receive from OCTO an enrolment confirmation email with instructions to download and log into the Application (please note that if there are multiple principal drivers on the same policy registered to the 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 within the email, accepted the Terms and allowed the Application to access your location, the Application is activated and will begin recording Collected Data regarding the driving trips and events, which will be sent to OCTO and then to Novex Insurance. The enrolment process is then completed.

Yes, upon enrolment in the Program, you will start receiving a one-time enrolment discount that will be applicable until the end of your current policy term, at which time, if eligible, it will be replaced by a discount that is determined by your driving behaviour and vehicle usage (“my Drive”). However, if your current policy term does not allow for a full Assessment Period from the date of enrolment up to the time we commence our renewal notification process, then the enrolment discount will continue to apply for the remainder of your current policy term and for the duration of the subsequent policy term. If the Assessment Period is completed, the enrolment discount will be removed at the end of the applicable policy term, and if eligible, replaced by the my Drive taking into account:

based on a minimum of 1,000 kilometres driven as driver of the vehicle:

• a. time of day that you drive;
• b. hard braking events; and
• c. rapid acceleration events

(collectively “my Drive Data”)

If you do not reach the minimum 1,000 kilometers within the Assessment Period, you will no longer be eligible for the enrolment discount or the my Drive at your next renewal. Re-enrolment in the Program where the minimum 1,000 kilometers is not reached is at Novex Insurance’s discretion.

The my Drive is not static and is subject to change upon each renewal of your policy, including as results from any changes to the calculation of the my Drive based on the my Drive Data elements. If you are required to reinstall and/or activate the Application as outlined in the section entitled “Can I be asked to reinstall the Application?” we may restart the collection of my Drive Data for a new Assessment Period to determine your eligibility for a new my Drive.

Should you decide to opt out of the Program prior to the completion of the Assessment Period, or if your participation is terminated, you will no longer be eligible to receive either an enrolment discount or my Drive. Your premium will be adjusted accordingly, effective as of the date of termination of your participation.

The discount will be applied to the following auto insurance coverages only (where applicable):

• Liability – Bodily Injury;
• Property Damage;
• Direct Compensation - Property Damage;
• Accident Benefits (Standard Benefits);
• Uninsured Automobile;
• Collision or Upset;
• Comprehensive;
• All Perils;
• Specified Perils;
• Family Protection Coverage Endorsement (OPCF 44R).

Your mobile device’s location services (GPS) must be turned on at all times to allow collection of Collected Data.

Once the Application is installed and activated, it will detect certain movement and record a trip. For each trip that is recorded, you need to identify if you were the driver or not. If you were not, you must also confirm your mode of transportation (e.g. passenger, bike, public means of transportation, etc.). Please note 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 my Drive. Trips must only be tagged where you were driving a private passenger vehicle.

Information relating to each trip, including scoring for the trips tagged with you as the driver, as well as your my Drive, is available in the Application.

After each trip, you have 7 days to identify if you were the driver of the vehicle or not. If you were not, you must also confirm 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 these selections are final.

All trips tagged with you as the driver (whether tagged by you or by the Application) will be used to establish your my Drive.

The Application must remain activated on the mobile device of each principal driver enrolled in the Program. Each time you drive a vehicle, whether or not it is enrolled in the Program, you must have your mobile device with the installed, activated and functional Application in your possession.

Should you wish to make any changes to your policy regarding the enrolled vehicle or principal driver during the Assessment Period, you must first contact your broker. Failure to do so may lead to an extension of any Assessment Period and/or removal from the Program.

Yes, each principal driver mentioned on your policy may enrol multiple vehicles in the Program subject to meeting the eligibility requirements. You may be eligible to receive the enrolment discount or the my Drive for each eligible vehicle on the policy, depending on the number of enrolled vehicles and/or their principal drivers enrolled in the Program. Simply contact your broker or go to our website at www.intact.ca/my-driving-discount-group-insurance for full details on multiple vehicle enrolment.

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 Drive 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 certain regions where cellular coverage required by the Application to transmit Collected Data relating to your driving behaviour is non-existent or insufficient.

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 Novex Insurance. See below: “Does the Application affect the battery life of my mobile device?”.

If we are unable to obtain an accurate assessment of driving behaviours (for example, due to failure to tag trips in which you were the driver, the inability of your mobile device to collect and transfer the Collected Data used for the Program, the lack of cellular coverage and/or network in the area where you live or use your vehicle, or any misuse of the Application), a notification will be sent to you 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 capture an accurate assessment of your driving behaviour, especially as a result of any misuse of the Application, 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 certain regions where cellular coverage is non-existent or insufficient or if you do not meet the 1,000 kilometres threshold as a driver.

You could be removed from the Program and any discount received will cease to apply if:

• 1- we are still unable to obtain an accurate assessment by the time we commence our renewal notification process; or
• 2- you fail to activate the Application within thirty (30) days of the date we send the email to you confirming your enrolment in the Program.

Re-enrolment in the Program following your removal, and the ability to again receive the enrolment discount if re-enrolled, will be at Novex Insurance’s discretion.

In case of malfunction of the Application or pursuant to our request, you may be required to uninstall the Application from your mobile device. As a result, reinstallation and/or activation of the Application on your mobile device may be required to continue with any ongoing 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 Drive or Collected Data is reliable, is an accurate reflection of your driving behaviour, and your continued use of the Application is not required for us to be able to continue to provide you with the my Drive, we will notify you and 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 Drive Data previously collected by the Application and your my Drive for a limited time.

If the Application has been uninstalled or is not active on your mobile device and we feel that the existing my Drive or Collected Data has become dated 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 Drive, 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 Drive. If you are receiving a my Drive 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 Drive based on the corresponding new my Drive Data.

Once your Assessment Period is completed and any applicable my Drive has been determined by Novex Insurance, a re-assessment is not permitted, including where you may be dissatisfied with the my Drive. However, we may at our sole discretion allow for a new Assessment Period where there have been continuing extenuating circumstances.

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

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.

The Application is free and can be downloaded via Wi-Fi or cellular data. However, downloading the Application and the Application itself will use your cellular data to transfer Collected Data to OCTO and then to Novex Insurance. You are responsible for assuming all roaming fees, data fees (including overage), plan 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 while roaming, unless your data is turned off on your mobile device, Collected Data will continue to be transferred.

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

We will only collect, use and disclose your Personal Information in accordance with the 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, your broker and to OCTO as required for the purpose of providing you with continuous service.

By “Personal Information”, we mean your name, mailing address, email address, Vehicle Identification Number (“VIN”), policy number, and Collected Data.

Collected Data includes data that is collected by or derived from data collected by the Application for the purposes of administering the Program.

“Collected Data” includes:

• information we use or may use in the future to calculate your my Drive: vehicle location (GPS), GPS speed, average speed, average acceleration, distance travelled, elapsed time of travel, accelerometer and gyroscope data (acceleration, deceleration, cornering events), start and end date of travel, start and end time of travel, mileage, road type, weather conditions, traffic conditions, speed limits, screen on time (e.g. use of your smart phone while driving), activation/deactivation duration of mobile device, start/stop of location services (GPS), GPS maps of detected trips, information relating to tagged/untagged trips and other information relating to your driving behaviour;
• 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 relating to your mobile device; and
• any other information you have specifically given us permission to access within the Application such as: your profile picture, your social media profiles, or your contacts (e.g., mobile device contacts or social media friends).

Your name, mailing address, email address, VIN, and 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 Novex Insurance (excluding your profile picture and your contacts (phone contacts or social media friends)).

The Application will show you aspects of the Collected Data to give you feedback on driving behaviour, and show you the my Drive (if any) for which you may be eligible. Trip information is updated regularly, and the my Drive information is updated weekly. The same information that is available within the Application is also viewable by our authorized agents/employees and your broker to enable them to assist you with any questions that you might have.

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

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

We may analyze the Collected Data to review rating criteria (e.g., where your vehicle is principally garaged, distance driven, pleasure/commute/business use, etc.) and may update the information currently on file with us. 

We may also use and disclose the Collected Data to:

• manage and adjust claims, as permitted by law; and
• detect and prevent fraud, as permitted by law.

The Collected Data will not be used to:

• cancel your policy;
• refuse to renew your policy; or
• surcharge.

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 traffic violations.

In order to provide you with the 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 confidentiality 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, which comply with Canadian privacy laws. 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.

If you have any questions about your privacy or would like more information, please contact our Privacy Office 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: privacy@intact.net

The Application is made available "as-is", "with all faults" and "as available" and it is used at your risk. Novex 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. Novex 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.

Novex Insurance and its affiliates 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 Novex Insurance or its affiliates or suppliers.

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 trade-marks of Novex Insurance and its affiliated companies.

If you have any questions about the Program, or any technical questions about downloading or activating the Application or its functionalities, please contact your broker, or visit us at www.intact.ca/my-driving-discount-group-insurance for more information. For technical questions, you can contact us at 1 855 251 6978.

EXCEPT AS PROVIDED BELOW1 ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR POLICY SHALL CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.

¹ my Drive Mobile – Terms of Use (Usage Based Insurance Endorsement), as an endorsement, does not add, limit, or remove coverages under your auto policy; however, it adds legal rights and obligations to your standard auto policy which are specifically limited to outlining your responsibilities under the my Drive program, and our commitment to use your information for the purposes of the my Drive program discussed above.