Ajusto® Program Terms and Conditions

Date of last update: April 23, 2021

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Your Automobile Insurance
Policy Change Form
736 007 (2021-04) W

Glossary

Ajusto Add-on refers to: the Ajusto Program software in the Application.

Ajusto Program: has the meaning set out in section 2.

Application refers to: The Personal Application.

CMT refers to: Cambridge Mobile Telematics Inc.

Collected Data: has the meaning set out in section 3.2.

Data Collection Period(s): has the meaning set out in section 2.4.

Driving Trip refers to: a recorded trip attributed to the operation of ANY vehicle by an Enrolled Driver.

Enrolled Driver refers to: each Principal Driver(s) who has activated the Ajusto Add-on on their smartphone.

Enrolment Discount: A percentage discount applied to Your Premium for the FIRST Data Collection Period as set out in section 2.4.

Named Insured(s) refers to: the only individual(s) who can make any additions, modifications or deletions to the insurance policy to which this policy change form is attached. The Named Insured(s) are the registered owner(s) or lessee(s) of the described automobile(s) on the automobile insurance policy.

Phone number to call: 1-855-801-8830

Premium means: auto insurance policy premium.

Principal Driver refers to: the person who drives an insured automobile most often. A Principal Driver may be a Named Insured or other insured driver.

Program Adjustment refers to: Use of Collected Data to create a personalized score that modifies Your Premium, including Favourable Program Adjustment and Unfavourable Program Adjustment as set out in Section 2.3.

Terms and Conditions refers to: the Terms and Conditions set out in this policy change form.

We/Us/Ours refers to: The Personal Insurance Company

Website address: https://www.thepersonal.com/ajusto

You/Your/Yours refers to: each Named Insured and/or an Enrolled Driver.

1. INTRODUCTION

The Ajusto Program is completely voluntary. However, if You drive less than 1,000 km during any 180 days period, this program may not be suitable for You.

When You participate in the Ajusto Program, Your Premium may increase or decrease. The Ajusto Program continuously assesses driving behaviour and applies adjustments to Your Premium at each renewal. To find out the possible impacts on Your Premium, read our Frequently Asked Questions (FAQ) in the Help and Information section of the Application or via our website at https://thepersonal.com/auto-insurance/ajusto/faq. In particular, see the FAQ section: "What is the difference between a traditional premium and the Ajusto personalized premium?".

To participate in the Ajusto Program, You must accept these Terms and Conditions. When You download the Application on Your smartphone and activate the Ajusto Add-on, it means You have agreed to these Terms and Conditions.

If You do not agree to any part of these Terms and Conditions, You should not activate the Ajusto Add-on, and You may not participate in the Ajusto Program. The Named Insured must contact us to have Ajusto removed from the auto insurance policy.

For the Ajusto Program minimum eligibility requirements, see section 2.2 and 2.4.
You can opt out of the Ajusto Program at any time however your premium may continue to be affected unless You enrol again (see section 2.6). See the FAQ section on our site or in the Application. For information on removal from the Ajusto Program, see section 2.11.

These Terms and Conditions do not change the Usage Rules set out in the Apple App Store Terms and Conditions or in the Google Play Terms of Service, whichever apply.

2. ABOUT THE AJUSTO PROGRAM

You can enrol in the Ajusto Program by contacting Us or directly through the Application.

The Ajusto Program refers to the use of the Ajusto Add-on, which collects Your driving data and transmits it to CMT and to Us. We will use that collected driving data to calculate the Program Adjustment on Your Premium.

This means that Your Premium is based in part on the way any Enrolled Drivers drive during the Data Collection Period.

2.1 Requirements of an Enrolled Driver

Each Enrolled Driver must:

  • download the Application to a smartphone with a compatible operating system and activate the Ajusto Add-on; and
  • maintain a cellular network data plan or Wi-Fi access for the duration of the Ajusto Program (see section 2.8); and
  • enter their date of birth to complete the activation of the Ajusto Add-on.

After being activated, the Ajusto Add-on will record Your personal driving information (see section 3.2).

2.2 Who is eligible for the Ajusto Program

To be eligible for the Ajusto Program, the Named Insured must:

  • identify at least one Enrolled Driver (see section 2.1);
  • and they must agree to the Terms and Conditions of the Ajusto Program (see section 1).

All Enrolled Drivers must:

  • have a smartphone (iPhone or Android) compatible with the Ajusto Add-on; and
  • maintain a cellular network data plan or Wi-Fi access for as long as they are enrolled in the Ajusto Program; and
  • provide a valid email address or cellphone number; and
  • agree to the Terms and Conditions of the Ajusto Program (see section 1).

2.3 Program Adjustment

After completing the first Data Collection Period, the Enrolment Discount will be removed. If You are eligible, it will be replaced by the first Program Adjustment, that may increase or decrease Your premium, which is applied mid-term based on the Enrolled Driver’s Collected Data.

Eligibility

To continue to be eligible for Program Adjustments, all Enrolled Drivers must:

  • remain in the Ajusto Program continuously from the activation date of the Ajusto Add-on and for the duration of each Data Collection Period;
  • consistently meet the Data Collection Period requirements described in section 2.4.

How the Program Adjustment works

Program Adjustments for each Enrolled Driver are calculated using the Collected Data as described in section 3.2.

The Ajusto Program is divided into consecutive Data Collection Periods. This means that each Enrolled Driver’s driving behaviour is continuously assessed, and regular Program Adjustments will be applied to Your Premium if You remain in the Ajusto Program.

For each Data Collection Period, We determine the Program Adjustment which may cause Your Premium to decrease (Favourable Program Adjustment) or increase (Unfavourable Program Adjustment).

Your first Data Collection Period will last approximately 180 days (see section 2.4). Each of the following Data Collection Periods will end on the same date as Your automobile insurance policy term.

Please note that enrolment in the Ajusto Program does not guarantee a Favourable Program Adjustment. Your Program Adjustment can fluctuate significantly based on Your Collected Data for each Data Collection Period.

At the end of each Data Collection Period, We will apply a Program Adjustment to Your Premium, provided all eligibility requirements are met (including those described in section 2.4).

Your updated Premium may be higher if:

  • Your Program Adjustment is less than the Enrolment Discount or the previously applied Program Adjustment.

Your updated Premium may be lower if:

  • Your Program Adjustment is greater than the Enrolment Discount or the previously applied Program Adjustment.

Your Program Adjustment is one of many considerations used to determine Your overall Premium.

At renewal, Your Premium may be higher or lower based on a combination of factors, including but not limited to:

  • rating criteria, such as accidents and traffic tickets;
  • a change in Your Program Adjustment which may increase or decrease.

Therefore, We do not provide an exact value for Your Program Adjustment at Your automobile insurance policy renewal or during any Data Collection Period.

Premium increases and decreases, including any Program Adjustment an Enrolled Driver may qualify for, will be applied to Your Premium, before taxes. At each renewal or whenever You make a change to Your automobile insurance policy that changes the Premium, We will send You a billing statement showing Your updated Premium including the impact of the Program Adjustment.

If You have already paid the Premium in full:

  • When Your updated Premium is higher, We will send You an invoice.
  • When the updated Premium is lower, We will issue a refund to the same payment method You used to pay Your Premium.

If You pay the Premium by instalments:

  • When Your updated Premium is higher, We will increase the amount of future payments in Your payment schedule.
  • When Your updated Premium is lower, We will decrease the amount of future payments in Your payment schedule.

2.4 Data Collection Period Details and Requirements

If You enrol in the Ajusto Program on or after April 23, 2021:

Your first Data Collection Period starts when You activate the Ajusto Add-on and lasts approximately 180 days. For this period, You will receive a one-time Enrolment Discount. Your first Data Collection Period is different from all future Data Collection Periods as driving behaviour has yet to be collected.

At the end of the first Data Collection Period, a Program Adjustment will be applied to Your Premium mid-insurance policy term if eligibility requirements are met.

All following Data Collection Periods will end on the same date as Your insurance policy term. If eligibility requirements are met, a Program Adjustment will be applied using the last 180 days of Collected Data We receive before starting Your renewal processing.

To be eligible for a Program Adjustment for each Data Collection Period, Enrolled Drivers must:

  • drive 1,000 kilometres during the last 180 days; and
  • drive at least once during any 30-day period. If you are not able to meet this condition see the FAQ for more details.

We will NOT consider the following for eligibility:

  • non-driving trips;
  • trips excluded by an Enrolled Driver (see section 2.10);
  • trips of less than 1 kilometre (see section 3.2).

You will not be eligible for a Program Adjustment if, during the most current Data Collection Period, the Ajusto Add-on:

  • has not been able to identify an Enrolled Driver as a driver for at least 1,000 kilometres; or
  • detects a driving gap of 30 or more consecutive days.

If You are not eligible for a Program Adjustment, any existing Program Adjustment will be impacted as follows:

  • any Favorable Program Adjustment will be removed;
  • any Unfavorable Program Adjustment will continue to apply and may be re-evaluated at Your next insurance policy renewal.

Enrolled Drivers may be eligible again for a Program Adjustment, if during the very next Data Collection Period:

  • they drive 1,000 kilometres; and
  • they have no driving gaps of 30 consecutive days or more.

If any Enrolled Driver does not meet the eligibility requirements for two or more consecutive Data Collection Periods, We may remove them from the Ajusto Program.

If You were enrolled in the Ajusto Program before April 23, 2021:

If You continue to be enrolled in the Ajusto Program, the discount generated and applied to Your policy will continue to be applied to this and subsequent renewals of Your policy. No further data will be collected for previous versions of the Ajusto Program and used to determine Ajusto Program discounts.

We reserve the right to discontinue Your existing Ajusto Program participation:

  • if the existing Collected Data needs to be refreshed; or
  • if the existing Collected Data has become dated; or
  • if We believe that the Collected Data is not reflective of an Enrolled Driver’s actual driving behaviour; or
  • if there has been a material change in Your risk characteristics.

In the event the Ajusto Program You participate in is discontinued, You will be given the option to join the new Ajusto Program as described in section 2 above.

2.5 Smartphone Handling and Operations

The Ajusto Add-on of the Application uses some power from the smartphone battery.

To make sure the Ajusto Add-on can record Collected Data when driving, You and all Enrolled Drivers must:

  • keep Your smartphone turned on; and
  • make sure Your smartphone battery is adequately charged; and
  • keep the Ajusto Add-on activated; and
  • keep location services (GPS) turned on.

To continue participating in the Ajusto Program, You and all Enrolled Drivers agree to:

  • download any available Application updates; and
  • not delete, turn off or deactivate the Application on Your smartphone; and
  • not turn off or deactivate the Ajusto Add-on.

2.6 Ending Participation in the Ajusto Program

The Ajusto Add-on, will stop gathering Collected Data for You and any Enrolled Drivers if:

  • You opt out; or
  • We end Your participation.

Also, if You remove an Enrolled Driver, the Ajusto Add-on will stop gathering Collected Data for that Enrolled Driver.

In all cases, the Ajusto Add-on will stop gathering Collected Data either on the un-enrolment date or on the date the Application is deleted, whichever happens first.

If We end Your participation in the Ajusto Program, You will no longer be eligible to receive any Enrolment Discount or Favorable Program Adjustment. Your Premium will be adjusted accordingly, effective on the date Your participation ended.

If You or the Enrolled Driver opt out before completing the first Data Collection Period with less than 1,000 kilometres driven:

  • We will remove Your Enrolment Discount
  • We will not use any Collected Data obtained before Your un-enrolment date to personalize Your Premium.

If You or the Enrolled Driver opt out before completing the first Data Collection Period with more than 1,000 kilometres driven:

  • We will remove Your Enrolment Discount
  • We may use the Collected Data obtained prior to the effective date of Your un-enrolment to personalize Your Premium once the removal is processed and at each subsequent renewal along with other rating criteria.

If You or the Enrolled Driver opt out after completing the first Data Collection Period:

  • We may use the Collected Data obtained prior to the effective date of Your un-enrolment along with other rating criteria to personalize Your Premium at the next renewal.

Also, Your earned Program Adjustment may be impacted as follows:

  • any existing Favorable Program Adjustment may be removed;
  • any existing Unfavorable Program Adjustment will continue to apply and may be re-evaluated at Your next insurance policy term renewal in combination with other rating factors.

2.7 Who Owns the Application and Ajusto Add-on

The Application and Ajusto Add-on are the property of Desjardins General Insurance Group Inc. and are licenced to the Enrolled Driver(s) in the Ajusto Program. Desjardins General Insurance Group Inc. retains all right, title, and interest in and to the Application and Ajusto Add-on. You and the Enrolled Driver(s) may not reverse engineer, decompile, alter, duplicate, translate, make copies, or create derivative works from the Application and Ajusto Add-on, or otherwise attempt to derive the source code of the Application and Ajusto Add-on, except to the extent allowed under applicable law. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to Us as it is deemed to be the confidential and proprietary information of Ours.

2.8 Wireless or Cellular Network Option

The Ajusto Add-on sends Collected Data through Wi-Fi networks or through cellular networks. If You choose to send Your Collected Data through cellular networks, You are responsible for any data charges. You can manage the way Collected Data is sent in the Ajusto Add-on.

2.9 Transferring the Application to Another Smartphone

To transfer the Application to a new smartphone, follow these steps:

  1. Download the Application and activate the Ajusto Add-on on Your new smartphone.
  2. Enter the same email, or phone number that You used previously (see section 2.2.)
  3. We will send You a temporary code (via mail or SMS text) that You must use to complete the setup on Your new smartphone.

2.10 Use of the Ajusto Add-on on each Driving Trip

The Ajusto Add-on must be able to detect and record all Enrolled Drivers’ Driving Trips. Therefore, Enrolled Drivers must carry their smartphones when driving a vehicle in North America, even if they are driving a borrowed or rented vehicle.

The Ajusto Add-on will identify trips as either Driving Trips (i.e., trips where the Ajusto Add-on determines that the Enrolled Driver was operating a vehicle), or non-Driving trips (i.e., where the Ajusto Add-on determines that the Enrolled Driver was not operating a vehicle).

You must confirm or correct Your mode of transportation before the Ajusto Add-on will show the trip details. You have 30 days following a trip to exclude any incorrectly identified trips. Otherwise, Driving Trips will be attributed to You.

You are responsible for periodically checking Your Ajusto Add-on to exclude any trips that the Ajusto Add-on has incorrectly identified as Your Driving Trips. If You drive outside North America, the Ajusto Add-on will not record Driving Trips to establish the Program Adjustment.

2.11 Removal from the Program

If an Enrolled Driver’s Collected Data shows a pattern of behaviour indicating that their reported driving behaviour does not represent their actual driving behaviour, We may end their participation in the Ajusto Program.

Before We do this, We will notify You to explain that We will end the Enrolled Driver’s participation in the Ajusto Program unless the situation is corrected within 30 days of Our notice.

If the situation is not corrected within 30 days, Your vehicle will remain insured with Us, however:

  • We will remove the Enrolled Driver from the Ajusto Program; and
  • We will remove any Favourable Program Adjustment applicable to the Enrolled Driver, effective the day following the last day of the 30-day notice period; and
  • We may use Collected Data recorded before the Enrolled Driver’s removal to adjust Your Premium for the current insurance policy term.

2.12 Termination/Amendment

We hope and expect to continue the Ajusto Program indefinitely. However, We maintain the right to suspend, terminate or completely discontinue the Ajusto Program. In addition, the Ajusto Program may be amended or modified from time to time; provided that no such action shall retroactively affect You. Notwithstanding the foregoing, any modification or amendment to the Ajusto Program may be made prospectively on the renewal of Your insurance policy.

3. PRIVACY

3.1 Protecting Your Privacy

An important part of Our commitment to provide You with service excellence is Our respect for Your privacy. We are committed to protecting Your privacy and earning Your trust and understand that You may have concerns about how We use the Collected Data as referred to in section 3.2. For further details, please refer to sections 3.2, 3.3 and 3.4 below and you can also find these summarized in our Management and protection of personal information policy for mobile application users at https://www.thepersonal.com/privacy/mobile-app-policy.

We provide to Our partner CMT the date of birth of the Enrolled Driver(s) when the Enrolled Driver(s) activates the Ajusto Add-on. This information is provided to CMT only to validate the activation of the Ajusto Add-on by the Enrolled Driver.

The Collected Data of an Enrolled Driver(s) will be used by CMT only to deliver the program services described in these Terms and Conditions. Collected Data may be used by Us to design, operate, enhance, and administer the Application and Ajusto Program by:

  • determining the driving events We use or may use in the future for the purpose of calculating Your Program Adjustment,
  • improving Our understanding of Your driving behaviour and activities,
  • reviewing and updating Your rating criteria,
  • detecting, investigating, processing, assessing and settling insurance claims,
  • detecting, preventing and supressing fraud, and,
  • using for research and development purposes, as well as sharing anonymized data with academic institutions for research purposes.

Neither We nor CMT will otherwise collect or use personal information (which includes Collected Data) or disclose or transfer personal information to any third party except as required by law. In accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Information will be collected, used and stored outside of Canada and will be subject to the laws of foreign jurisdictions that allow access to Personal Information by foreign governments in certain circumstances. Personal information may also be disclosed without your consent to comply with a subpoena or court order.

We will use Your email or cellphone number to provide You with information about the Ajusto Program. We will not use Your email or cellphone number to solicit You for any other products and services unless We have obtained Your consent to do so.

3.2 Information the Ajusto Add-on Collects

When the Ajusto Add-on is activated, it records:

  • smartphone location (GPS),
  • accelerometer and gyroscope data (speed, braking),
  • time of day,
  • battery level and,
  • anomalies (turning off the phone, revoking access to geolocation).

This information is transmitted wirelessly to CMT. From this, CMT will derive the following Driving Trip information:

  • fast acceleration and hard braking,
  • speed,
  • time of day,
  • distance and duration,
  • driver distraction,
  • road type (e.g., highway, gravel, etc.),
  • Driving Trip stability (e.g., location, peak travel time, etc.).

Collectively all the above types of information are referred to as "Collected Data". This Collected Data is then sent securely by CMT to Us.

All Collected Data is specific to an Enrolled Driver’s driving behaviour and Collected Data will be generated by ANY vehicle operated by an Enrolled Driver.

Collected Data identifying either movement on foot or trips of less than 1 kilometre, will be deleted from the smartphone immediately after transmission to CMT. Such Collected Data may be used by Us and CMT limited to the purpose of improving the accuracy of the Ajusto Program.

3.3 How Collected Data is Used

The Collected Data, derived as described in section 3.2, is specific to the Enrolled Driver(s) and will be used by Us to calculate the Program Adjustment, based on the driving behaviour of the Enrolled Driver(s) as outlined in section 2.3.

To the Enrolled Driver(s): We are required to disclose to the Named insured(s) all particulars of the recorded driving behaviour of an Enrolled Driver in the circumstances described in sections 2.4 and 2.11 above.

Collected Data will not be used to cancel or refuse to renew Your policy.

We will not sell or otherwise disclose Collected Data to any third party except as required by law. We will not use Collected Data to Your prejudice regarding an insurance claim You have with Us or in any claim that is brought against You.

4. LICENCE

4.1 Licence to Use

Provided that You and the Enrolled Driver(s) comply with all of these Terms and Conditions, We grant You and the Enrolled Driver(s) a revocable, limited and non-transferrable licence to use the Ajusto Add-on in the Application on any smartphone that is owned or controlled by an Enrolled Driver and as permitted by Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.

4.2 Disclaimer of Warranty

This Application is licensed "as-is", "with all faults" and "as available". The Enrolled Driver(s) bears the risk of using it. We, on behalf of ourselves, the creator of the Application, distributors of the Application, network operators over whose network the Application is distributed, and each of their respective affiliates and suppliers, give no express or implied warranties, guarantees, or conditions under or in relation to the Application. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application will be corrected, or that the Application or the server(s) that makes it available are free of viruses or other harmful conditions or components.

5. DISCLAIMER

Subject to Section 1 above, We reserve the right to modify or terminate the Ajusto Program at any time and for any reason.

6. TRADEMARKS

Ajusto® is a trademark of Desjardins General Insurance Inc., used under license by Us. THE PERSONAL® and related trademarks are trademarks of The Personal Insurance Company. Desjardins®, all trademarks containing the word Desjardins, as well as related logos are trademarks of the Fédération des caisses Desjardins du Québec, used under licence by Us. These trademarks are protected by Canadian laws.

7. CONSENT/AGREEMENT

By downloading the Application and activating the Ajusto Add-on, You and the Enrolled Driver(s) represent that You are the Named Insured or Principal Driver, and that You and the Enrolled Driver(s) consent and agree to the following:

  1. Your participation in the Program,
  2. these Terms and Conditions as they apply to You,
  3. the collection, use and disclosure of Your personal information, including Collected Data, in the manner and for the purposes described in these Terms and Conditions and summarized in the Management and protection of personal information policy for mobile application users, and
  4. the retention and use by CMT and Us of Your personal information, including Collected Data, as described in this policy change form.

We may amend these Program Terms and Conditions from time to time. You can determine when it was last modified by consulting the date set out above. In the event of a modification to the Program, we will provide You with 30 days notice in writing. Your continuing participation in the Ajusto Program shall be deemed as acceptance of and agreement to any such updates.

Except as otherwise provided in this Policy Change Form, all limits, terms, conditions, provisions, definitions and exclusions of the Policy shall have full force and effect.

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