my Drive^TM Terms of Use

Please note that by downloading and using the Intact Insurance application (the “Application”) on your smartphone (by “smartphone” we mean a suitable mobile computing device capable of downloading and running the Application as intended), you are deemed toaccept and agree to be bound by the following Terms of Use (the “Terms”) during your participation in the my Driveprogram (the “Program”). For the purposes of these Terms, “you” and “your” means the person who enrols in the Program and who meets all the conditions in the “Am I Eligible?” section below.

Federal and provincial laws may completely or partially prohibit you from using your smartphone, including the Application, while driving. For your own safety, and the safety of everyone else on the road, Intact Insurance strongly encourages you to avoid any prohibited use of your smartphone or the Application while driving.

Please take a moment to familiarize yourself with the Terms. During the policy term, Intact Insurance reserves the right to modify these Terms by providing notice to you, to update Driving Data (see below) to reflect changes to our Program discounts filed with insurance regulators, as well as to make changes that are not material to the substance of the Program such as changes to Program procedures, Application functionalities, revisions to grammar and formatting, or to clarify the Terms of Use to make them easier to understand. These modifications are effective immediately upon providing notice to you and you agree to be bound by them through your continued participation in the Program. Modifications to the Terms other than those listed above will only be made by providing the policyholder notice upon policy renewal, and we will obtain your consent for any such modifications where legally required to do so. These Terms will be sent to the policyholder for future reference and can be accessed at www.intact.ca/mydrive.

If you do not accept these Terms in their entirety, you are not eligible to participate in the Program, or to receive, or continue to receive a discount through the Program. Do not activate or use the Application if you do not accept these Terms. You must contact your broker if you wish to cancel your participation in the Program.

my Drive is a program that gives you the opportunity to earn a discount on your automobile insurance policy by sharing information about your driving behaviour with Intact Insurance. To participate in the Program, you will have to install the Application, which will use your smartphone’s instrumentation (such as GPS, accelerometer, gyroscope, etc.) to continuously collect information about your driving behaviour,and transfer this information to Intact Insurance. Along with determining your potential discount, the information collected and transferred will be used by Intact Insurance to design, operate, enhance, and administer the Program, as described in detail in the “How is my Personal Information used?” section below.

To participate in the Program, you must meet the following conditions:•you must be the principal driver of an eligible private passenger vehicle listed on an eligible automobile insurance policy with Intact Insurance;

• your smartphone must be compatible with the most recent version of the Application and you must ensure that the Application is installed and updated when required;
• you must maintain a data plan with your mobile service provider, allowing the Application to transfer data to us and our service providers;
• you need to provide us with a mobile phone number and email address that must remain valid throughout your participation in the Program;
• your region must have cellular coverage available to sufficiently gather Collected Data (as defined in the “What Personal Information is collected?” section below) regarding your driving behaviour (you can contact your mobile phone provider for details); and
• you must remain enrolled in the Program and keep the Application activated for the duration of the automobile insurance policy that covers your vehicle, including subsequent renewals.

Enrolling in the Program is easy, completely voluntary, and includes 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/mydrive. You will then receive a confirmation text message (SMS) with instructions to download and log into the Application. If there are multiple principal drivers on the same automobile insurance policy enrolled in the Program, text messages (SMS) related to the Program will be sent to the mobile phone number provided for each principal driver. Once you have logged in following the instructions provided, accepted the Terms and given the Application permission to access your location and other required data, your enrolment is completed. Once the Application detects your first trip, it will begin recording Collected Data regarding the driving trips and events, which will be sent to Intact Insurance.

You will be entitled to benefit from an enrolment discount for approximately 180 days, at which time it may be replaced by a Program discount (the “my Drive” discount) based on the following driving events:

    a. duration of trip;

    b. hard braking;

    c. rapid acceleration;

    d. cornering and turns;

    e. kilometers driven; and

    f. distracted driving (e.g., Using your smartphone while driving).

The driving events may be contextualized in light of various factors, such as:

    i. severity of the event;

    ii. speed at which event was registered;

    iii. time of day and day of the week you drive;

    iv. road types (e.g., highway, urban or rural); and

    v. left or right turns.

These driving events and their contextualization factors (collectively the “Driving Data”) will be continuously measured by processing Collected Data while you remain enrolled in the Program, through consecutive periods of a minimum of 180 days (each a “Collection Period”). The length of your Collection Periods might sometimes be adjusted to match your or the policyholder’s automobile insurance policy’s renewal date or the time we commence our renewal notification process.

During each Collection Period, you must be tagged as the driver by the Application for a minimum of 1,000 km to be eligible to receive your my Drive discount.

Please note that enrolment in the Program does not guarantee entitlement to any my Drive discount, which varies based on your Driving Data.

To help you understand and visualize how you can improve your driving, the Application will translate your Driving Data into comprehensible selected high risk driving behaviours that will be displayed in the Application (“Application Events”), although more Driving Data than is displayed will be factored into your my Drive discount. These Application Events will include items such as:

    a. hard braking;

    b. rapid acceleration;

    c. risky hours;

    d. speed; and

    e. distracted driving (e.g., using your smartphone while driving). 

Upon enrolment, you will receive a one-time enrolment discount that will be applicable until your first Collection Period is completed.

Your enrolment discount will cease to apply and if eligible, it may be replaced by your my Drive discount based on your Driving Data collected during your first Collection Period.

Your my Drive discount will be updated based on your Driving Data collected during the last 180 days at each of the following events (“Discount Update Events”):

• Following the completion of a full Collection Period since your latest my Drive discount update has taken effect; and
• When we commence our renewal notification process (in which case, your updated my Drive discount will only be effective as of your renewal date). 

After enrolment into the Program on a new automobile insurance policy, your premium may change approximately 180 days after your first tagged trip and then again effective your renewal date. For subsequent renewals, your premium will be updated at approximately 180 days into your policy term and then again effective on your next renewal date. 

Following each Discount Update Event, your automobile insurance premium may be:

• Increased – if your my Drive discount is decreased or ceases to apply;
• Decreased – if your my Drive discount is increased; or
• Unchanged – if your previously earned my Drive discount does not change.

Whenever your automobile insurance premium is updated, you or the policyholder will receive a corresponding Certificate of Automobile Insurance including Your Automobile Billing Statement indicating any adjustment in premium:

• If the premium has already been paid in full: a refund will be issued if the premium has decreased, or an additional amount will be due if the premium has increased;
• If the premium is paid monthly, or by another payment method: the payment schedule will be adjusted accordingly to reflect increased or decreased payments, as the case may be.

Upon renewal, your premium may increase or decrease based on factors other than a change in your my Drive discount.

If the Application has not been able to tag you as the driver for at least 1,000 km during your last Collection Period, your my Drive discount will cease to apply until the next Discount Update Event following a full corresponding Collection Period (meeting minimum kilometres requirements) is recorded by the Application. 

Your my Drive discount will be applied to the following coverages only (where applicable) for the eligible vehicles on the automobile insurance policy for which you are identified as a principal driver:

• Liability – Bodily Injury;
• Property Damage;
• Direct Compensation - Property Damage; 20332 (12-19) ON Page 5 of 11
• Accident Benefits (Standard Benefits);
• Uninsured Automobile;
• Collision or Upset;
• Comprehensive;
• All Perils;
• Specified Perils;
• Family Protection Coverage Endorsement (OPCF 44R)

Your smartphone’s location services (GPS) must be turned on at all times, and you must give the Application permission to access other required data (e.g., accelerometer and gyroscope), to allow collection of Collected Data.

Once the Application is installed and activated, it will detect certain movements, record trips and tag them automatically.

Only trips where you were driving a private passenger vehicle should be used to determine your my Drive discount. If a trip was incorrectly tagged by the Application, you will be responsible for correcting its tagging within thirty (30) days of the applicable trip.

Information relating to each trip, including your Application Events as well as your currently projected my Drive discount, is available in the Application.

The Application must remain activated on the smartphone of each principal driver enrolled in the Program.

Each time you drive a private passenger vehicle, whether or not it is enrolled in the Program, you must have your smartphone with the installed, activated and functional Application in your possession.

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

Each principal driver listed on the automobile insurance policy may be enrolled in the Program as long as they comply with all eligibility requirements. The enrolment discount or my Drive discount may be applied to each eligible vehicle that the enrolled principal driver is assigned to as principal driver on the automobile insurance policy. Only one Application will be issued to an enrolled principal driver.

The Application will allow you to track trips and your Application Events. You can review these in the Application for 30 days. 20332 (12-19) ON Page 6 of 11

You will also be able to view the potential my Drive discount that you may be eligible for at your next update. The policyholder will get a monthly report outlining the trending my Drive discount for each driver enrolled in the Program.

Please note that you may not be able to track Application 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.

You could be removed from the Program and any discount received will cease to apply if you fail to activate the Application within fifteen (15) days of the effective date of your enrolment into the Program or within fifteen (15) days of the date we send the text message (SMS) to you confirming your enrolment in the Program, whichever is later. Re-enrolment in the Program following your removal, and the ability to again receive the enrolment discount if re-enrolled, will be at Intact Insurance’s discretion.

The Application runs in the background on your smartphone, 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 smartphone or unavailability of the mobile network) or unless directed by Intact Insurance. See the “Does the Application affect the battery life of my smartphone?” section below. If the Application is deleted, it will stop gathering Collected Data.

We reserve the right at our sole discretion to terminate your participation in the Program should we not be able to capture an accurate assessment of your driving behaviour (including if you fail to meet the minimum required number of kilometres driven during two or more consecutive Collection Periods), if we deem there to be 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.

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 smartphone 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, the deletion of the Application or any misuse of the Application), a notification will be sent to you advising you of such, and providing you with fifteen (15) days to remedy any breach of the Terms

If you fail to remedy any such breach within the allowed timeline, you could be removed from the Program and any discount received will cease to apply. Re-enrolment in the Program following your removal, and the ability to again receive the enrolment discount if re-enrolled, will be at Intact 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 smartphone. As a result, reinstallation and/or activation of the Application on your smartphone may be required to continue with any ongoing Collection Period.

Should you decide to opt out of the Program, or if your participation is terminated, the Application will stop gathering Collected Data as of your effective date of un-enrolment (or as of the date the Application is deleted if it was done prior to your effective date of un-enrolment) and you will no longer be eligible to receive either an enrolment discount or any earned my Drive discount. Your premium will be adjusted accordingly, effective as of the date of termination of your participation. 

Yes. To do so, you must sign out of the Application on your smartphone, download the Application onto your new smartphone and log into the Application.

Use of the Application may affect your battery life. You must ensure that the smartphone 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, unless you are connected to a Wi-Fi network, downloading the Application and the Application itself will use your cellular data to transfer Collected Data to Intact 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. 

We are committed to protecting your privacy. We will handle your Personal Information in accordance with our Privacy Promise. However, when you participate in the Program, you will have to share additional information about your driving behaviour with Intact Insurance. These Terms describe in detail how we collect, use and disclose the Personal Information we collect under the Program.

The information handling practices described in these Terms supplement those described in our Privacy Promise.

To participate in the Program, you will have to provide additional contact information including your mobile phone number and email address, which will become part of your insurance file with us, and will be handled in accordance with our Privacy Promise. In these Terms, by “Personal Information”, we mean the information in your file such as your name, phone number and policy number, and additionally your my Drive discount, your Application Events, and your Collected Data.

You will also have to install the Application so it can continuously collect information about your driving behaviour, and transfer this information to Intact Insurance.

The information collected and transferred by the Application includes:

• information we get directly from your smartphone’s instrumentation: such as global positioning system (GPS) time and location data, accelerometer data, gyroscope data, location services on/off data, screen on/off data, magnetometer data, barometer data and other smartphone or instrumentation data;
• information you enter directly about detected trips in the Application such as whether you were driving, the Application determines the mode of transit (e.g., automobile or public transit) you were taking and other trending information on your trips; and
• technical information about your smartphone’s hardware or software such as: smartphone make and model, operating system version, software version, and other technical information relating to your smartphone.

(Collectively the “Collected Data”) 

The Collected Data (alone and in combination with third party data such as road map software to contextualize the data) will be used to enable Intact Insurance to design, operate, enhance, and administer the Program by:

• Determining the driving events we use or may use in the future for the purpose of calculating your my Drive discount.
• Improving our understanding of your driving behaviour and activities such as for example where you drive, what times of the day you drive, how much you drive, what type of roads you drive on, what type of weather you drive in, and other data collected about specific trips in order to more effectively:
• review and update your rating criteria (e.g., location principally garaged, distance driven annually, usage type (pleasure/commute/business), etc.);
• detect, investigate, process, assess (e.g., fault determination) and settle insurance claims;
• detect, prevent and suppress fraud (e.g., disclosing, pooling or analyzing Collected Data and other data in cooperation with fraud prevention organizations); and
• use for research and development purposes, as well as sharing anonymized data with academic institutions for research purposes. 20332 (12-19) ON Page 9 of 11

However, please note that the Collected Data will only be used, collected and shared as permitted by, and strictly in accordance with, applicable laws.

The Collected Data will not be used to:

• decline a risk;
• cancel your automobile insurance policy;
• refuse to renew your automobile insurance policy; or
• surcharge your premium (beyond removal or adjustment of any discount received through the Program).

However, please note that:

• There are rating criteria other than the Collected Data that may result in adjustment of your rate and cancellation or non-renewal of your automobile insurance policy in accordance with our underwriting rules, including but not limited to accidents and traffic tickets; and
• Any my Drive discount adjustment occurring during your automobile insurance policy term will only be done in light of the corresponding Driving Data as described in the “Will I receive a discount for using the Application?” section above.

The Application will allow you to tag detected trips with information such as whether you were the driver or passenger (e.g., passenger in an automobile or public transit). For your convenience, the Application may also auto-tag detected trips based on an understanding of your past driving behaviour. The Application will allow you to review or correct these auto-tagged trips or certain Application Events within those auto-tagged trips within thirty (30) days. 

We work with service providers who provide the technology, systems, and services necessary to administer the Program. As a result, your Personal Information may be transferred by us or directly by the Application to these service providers who provide data processing, storage and related services on behalf of Intact Insurance. Rest assured, we require these service providers to protect and handle your Personal Information in a manner consistent with our own practices as well as the law.

We will not otherwise disclose your Personal Information specific to the Program to third parties, except as reasonably necessary to design, operate, enhance and administer the Program or as permitted by law, unless we have your consent.

Please note that we may anonymize, aggregate, or otherwise render the Collected Data nonidentifiable as permitted by law, in which case these Terms or our Privacy Promise will no longer apply to it.

To administer the Program, we may transfer your Personal Information to our service providers who provide data processing, storage and related services. These service providers will only store your information in Canada.

Your Personal Information will be retained until it is no longer relevant for the purposes of the Program or our general insurance information retention policies, after which it will be deleted or anonymized. We will always collect, retain, use, and delete your Personal Information in accordance with applicable privacy laws.

Only your Collected Data will be collected, used, and disclosed by the Application for the purposes of the Program. If you are not the policyholder, you acknowledge some of your Collected Data will be accessible to the policyholder as a result of your shared participation in the Program.

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

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/mydrive for more information. For any questions, you can contact us at 1 855 251 6977.

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 and any data collected 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.

THE PROGRAM AND THESE TERMS DO NOT ADD, LIMIT, REMOVE, OR MODIFY COVERAGES ON YOUR AUTOMOBILE INSURANCE POLICY IN ANY WAY. HOWEVER, THESE TERMS OF USE ADD ADDITIONAL TERMS TO YOUR STANDARD AUTOMOBILE INSURANCE 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 AS IS DISCUSSED ABOVE. ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR AUTOMOBILE INSURANCE POLICY CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.