automerit® mobile – Terms of Use

Please note that by downloading and using the automerit 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 automerit ( "automerit" or 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 and the Application in any manner while driving. For your own safety, and the safety of everyone else on the road, 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 modifications where legally required to do so. Where such consent is not required, modifications are effective immediately and you agree to be bound by them through your continued participation in automerit. We recommend you revisit these Terms periodically, which can be viewed at any time within the Application. Please take a moment and familiarize yourself with the Terms. If you do not accept the full Terms, you will not be eligible to participate in automerit, and will not be able to activate the Application. You must contact us at 1.877.727.8477 to cancel your participation to the program.

What is automerit?

automerit is a belairdirect 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 behavior and transfers Collected Data (as defined below) to OCTO and then to belairdirect. The Application enables belairdirect to gather, for a period of one hundred and eighty (180) days ("Assessment Period") subject to other provisions of these Terms, Collected Data that will assist us in analyzing your driving habits in order to determine your eligibility for a discount and update your insurance policy.

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Am I Eligible?

To be eligible for automerit, 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 belairdirect which meets the annual premium requirement established by automerit;
  • the enrolled vehicle must be an individually-rated private passenger vehicle (1 to 4 vehicles on the policy) in personal lines;
  • if the vehicle is stored, you must be the principal driver of another eligible vehicle insured by the policy;
  • you must not wait more than thirty (30) consecutive days before a trip is tagged with you as the driver; and
  • you must meet our underwriting rules.

Please note that automerit may not be available in certain regions where cellular coverage is non-existent or insufficient to transmit Collected Data regarding your driving behaviour. You can contact us at 1.877.727.8477 to confirm your eligibility.

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How do I Enroll?

Enrolling in automerit 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 us at 1.877.727.8477 or go to our website at www.belairdirect.com/automerit.

If eligible, you will receive from OCTO an enrollment confirmation 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 automerit, 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 belairdirect. The enrollment process is then completed.

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Will I receive a discount for using the Application?

Yes, upon enrollment in automerit, 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 "automerit Discount") that takes into account:

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

The automerit Discount is not static and is subject to change upon each renewal of your policy.

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

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How will my discount be applied?

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

The enrollment discount will apply upon enrollment in automerit and, once the Assessment Period is completed, may be replaced, if applicable, by the automerit Discount for the remainder of your insurance policy term if the automerit Discount is equal or greater than the enrollment discount. The automerit Discount is not static and is subject to change upon each renewal of your policy.

If the enrollment discount is greater than the automerit Discount, the enrollment discount will continue to apply for the remainder of your insurance policy term. At your next policy renewal, you will no longer be eligible to receive either an enrollment discount or automerit Discount.

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How do I use the Application?

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 personalized discount. You must tag yourself as a driver only where you were driving a car.

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

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

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 those selections are final.

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

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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 automerit.

Each time you drive a vehicle, whether it is or not enrolled in automerit, you must have your mobile device with the installed, activated and functional Application in your possession.

Should you wish to change the enrolled vehicle during the Assessment Period, you must first contact us at 1.877.727.8477. Failure to do so may lead to an extension of any Assessment Period and/or removal from automerit.

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Can I enroll multiple vehicles?

Yes, each principal driver mentioned on your policy may enroll multiple vehicles within automerit subject to meeting eligibility requirements. Depending on the number of enrolled vehicles and/or their principal drivers under the policy and the automerit Discount Data available, you may be eligible to receive enrollment discounts and automerit Discount for each eligible vehicle for which you are the principal driver. Simply call us at 1.877.727.8477 or go to our website at www.belairdirect.com/automerit for full details on multiple vehicle enrollment.

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

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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 belairdirect.

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 automerit, 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 1000 kilometres 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 sending of the email sent to you confirming your enrollment in the program, you could be removed from automerit and any discount received will cease to apply.

Re-enrollment in the program following your removal from automerit, and the ability to again receive the enrollment discount if re-enrolled, will be at belairdirect's discretion.

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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 automerit Discount 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 automerit 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 automerit Discount Data and your automerit Discount.

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

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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 automerit Discount 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 automerit 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 automerit Discount. If you are receiving a automerit 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 automerit Discount based on the corresponding new automerit Discount Data.

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

Once your Assessment Period is completed and any applicable automerit Discount has been determined by belairdirect, a re-assessment is not permitted, including where you may be dissatisfied with the automerit Discount. However, we may at our sole discretion, allow for a new Assessment Period where there have been certain exceptional circumstances.

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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. You must download the Application onto your new mobile device and login to the Application.

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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.

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

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PRIVACY

What about Privacy?

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 automerit, 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.

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What Personal Information is collected or shared?

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

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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 automerit.

"Collected Data" includes:

  • information we use or may use in the future to calculate your automerit Discount: 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), information relating to tagged/untagged trips and other information relating to 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 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).

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Who sees my Personal Information?

Your name, mailing address, email address, vehicle year, make, model and VIN, and policy number and language are shared with OCTO who uses this information to give you access to the Application and send you emails updates and reminders. The Application transmits the Collected Data gathered from the mobile device to OCTO, who then sends the Collected Data to belairdirect (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 habits, and show you the automerit Discount (if any) for which you may be eligible. Trip information is updated regularly, and the automerit Discount information is updated weekly. The same information that is available within the Application is also viewable by our authorized agents/employees to enable them to assist you with any questions that 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 fulfill our respective duties in accordance with these Terms.

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How is the Collected Data used?

The automerit Discount Data will be used by belairdirect to determine the level of the automerit 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., the 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 traffic violations.

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Where is my Personal Information stored?

In order to provide you with automerit, 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. 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.

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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 Office at:

belairdirect 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@belairdirect.com

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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. belairdirect 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. belairdirect 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.

belairdirect 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 automerit or the Application, these Terms or any related services whether provided by belairdirect or its affiliates or suppliers.

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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 trade-marks of Belair Insurance Company Inc. and its affiliated companies.

Any other questions?

If you have any technical questions about downloading or activating the Application or its functionalities, please call 1.877.727.8477, email us at belairdirect@belairdirect.com, or visit us at www.belairdirect.com/automerit.

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.

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(Usage Based Insurance Endorsement)1

Please note that by downloading and using the automerit 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 automerit program (the “Program”) and 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, belairdirect 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 us at 1 (855) 250-6517 to cancel your participation to the Program.

What is the automerit program?

The automerit program is a belairdirect 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 belairdirect. The Application enables belairdirect to gather, for a period of approximately nine (9) months (minimum of one hundred and eighty (180) days) as determined by belairdirect (“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 accordingly.

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Am I Eligible?

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 us at 1 (855) 250-6517 to confirm your eligibility.

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How do I Enrol?

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 call us at 1 (855) 250-6517 or for more information you can visit our website at www.belairdirect.com/automerit.

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 belairdirect.  The enrolment process is then completed.

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Will I receive a discount for using the Application? 

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 (“Merit Discount”).  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 Merit Discount taking into account:

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

  • time of day that you drive;
  • hard braking events; and
  • rapid acceleration events

(collectively, “Merit Discount Data”)

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

The Merit Discount 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 Merit Discount based on the Merit Discount 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 Merit Discount Data for a new Assessment Period to determine your eligibility for a new Merit Discount.

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 Merit Discount. Your premium will be adjusted accordingly, effective as of the date of termination of your participation.

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How will my discount be applied?

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).

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How do I use the Application?

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 Merit Discount.  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 Merit Discount, is available in the Application.

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

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 Merit Discount.

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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 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 us at 1 (855) 250-6517. Failure to do so may lead to an extension of any Assessment Period and/or removal from the Program.

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Can I enrol multiple vehicles?

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 Merit Discountfor each eligible vehicle on the policy, depending on the number of enrolled vehicles and/or their principal drivers enrolled in the Program. Simply call us at 1 (855) 250-6517 or go to our website at www.belairdirect.com/automerit for full details on multiple vehicle enrolment.

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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 Merit Discountthat 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.

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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 belairdirect. 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 sending of 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 belairdirect’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.

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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 Merit Discount 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 Merit Discount, 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 Merit Discount Data previously collected by the Application and your Merit Discount for a limited time.

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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 Merit Discount 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  Merit 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 Merit Discount. If you are receiving a Merit 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 Merit Discount based on the corresponding new Merit Discount Data.

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Can I request a re-assessment if I don’t like my Merit Discount? 

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

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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. You must download the Application onto your new mobile device and login to the Application.

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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.

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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 belairdirect. 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.

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PRIVACY

What about Privacy?

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 and to OCTO as required for the purpose of providing you with continuous service.

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What Personal Information is collected or shared?

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

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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 Program.

“Collected Data” includes:

  • information we use or may use in the future to calculate your Merit Discount: 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).

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Who sees my Personal Information?

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 belairdirect (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 Merit Discount (if any) for which you may be eligible. Trip information is updated regularly, and the Merit Discount information is updated weekly. The same information that is available within the Application is also viewable by our authorized agents/employees to enable them to assist you with any questions that 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 fulfill our respective duties in accordance with these Terms.

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How is the Collected Data used?

The Merit Discount Data will be used by belairdirect to determine the level of the Merit Discount (if any) that you may be eligible for.

We may analyze the Collected Data to update the information currently on file with us, 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;
  • refuse to renew your policy;
  • increase your premium;
  • confirm rating criteria (e.g., where vehicle is principally garaged, distance driven, pleasure/commute/business use); or
  • process or deny claims.

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.

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Where is my Personal Information stored?

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.

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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 Office at:

belairdirect Privacy Office
700 University Avenue, Suite 1500-A
Toronto, Ontario M5G 0A1
Phone (toll free): (866) 941-5094
Fax: (416) 941-5284
e-mail: privacy@belairdirect.com

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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. belairdirect 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.  belairdirect 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.

belairdirect 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 belairdirect or its affiliates or suppliers.

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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 trade-marks of belairdirect and its affiliated companies.

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Any other questions?

If you have any questions about the Program, or any technical questions about downloading or activating the Application or its functionalities, please call 1 (855) 250-6517, email us at service@belairdirect.com, or visit us at www.belairdirect.com/automerit.

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.

1automerit® 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 automerit program, and our commitment to use your information for the purposes of the automerit program discussed above.


 

 

automerit with the Telematics Device – Terms of Use

Please note that by installing the Telematics Device (the “Device”) on the enrolled vehicles, you are deemed to accept the following Terms of Use (the “Terms”) and agree to be bound by them. You further acknowledge and undertake that you have or will notify any other drivers who operate the enrolled vehicles about the automerit Program (“automerit”) and obtain their consent to the following Terms. 

We may modify the Terms at any time by providing notice and obtaining your consent for such modifications where legally required to do so. Where such consent is not required, modifications are effective immediately and you agree to be bound by such modifications through your continued use of automerit.  We recommend you revisit these Terms periodically at www.belairdirect.com/automerit.  Please take a moment and familiarize yourself with the Terms. If you do not accept the full Terms, you will not be eligible to participate in automerit, and must contact us at 1.877.727.8477 to cancel your participation and return the Telematics Device to us (if already received).

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What is automerit?

automerit is a belairdirect program  that uses a Device that is installed in an enrolled vehicle and is used for the collection and processing of vehicle usage data for insurance purposes. The Device is supplied by OCTO Telematics North America LLC and its parent OCTO Telematics SpA and shipped and received by their shipping service providers (collectively “OCTO”). The Device comes with a GPS component which collects location information of the driving trips and events and has an accelerometer to capture vehicle movements, in addition to a cellular connection chip that periodically transfers data to OCTO. The Device and its various components will enable belairdirect to gather, for a period of one hundred and eighty (180) days (“Assessment Period”) subject to the other provisions of these Terms, information that will assist us in analyzing the driving behaviour in order to determine your eligibility for discounts.

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Am I Eligible?

To be eligible for automerit, the following conditions must be met:

  • the vehicle must be compatible with the Device;
  • the vehicle must be 1) a private passenger vehicle; or 2) an individually-rated light commercial vehicle (1 to 4 vehicles on the policy) personal or commercial classes 33 to 45;
  • the vehicle may not be in storage at the time of enrollment and it must not be in storage or unused for more than thirty (30) consecutive days during the Assessment Period;
  • you need to have internet access and a valid email address;
  • the policyholder or the driver designated by the policyholder, enrolled in automerit, must be the principal driver of at least one vehicle included in the policy which meets the annual premium requirement established by automerit; and
  • you must meet our underwriting rules;

Please note that automerit may not be available in certain regions where cellular coverage of the network used by the device to transmit the data regarding your driving behaviour is insufficient.

You can contact us at 1.877.727.8477 to confirm your eligibility.

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How do I Enroll?

Enrolling in automerit is easy, completely voluntary, and at no additional cost to you.  Simply call us at 1.877.727.8477 or go to our website at www.belairdirect.com/automerit.  If eligible you will receive from OCTO an enrollment confirmation email (please note that if there are multiple drivers on the same policy registered to automerit all emails related to the program will be sent to a single email address), a Device with a copy of these Terms, and its corresponding installation instructions, which involve plugging the unit into the vehicle’s On Board Diagnostic Port (“OBD port”). Once the Device is active, it will begin recording data regarding the driving trips and events, which will be sent to OCTO and then to us.  The enrollment process is completed once the Device has been properly installed and activated.

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Will I receive a discount for using the Device? 

Yes, upon enrollment in automerit you will start receiving a one-time enrollment discount that will be applicable until the end of your current policy term, or, if your initial policy term does not allow for a full Assessment Period before the issuance of your renewal notification, it will then be applicable until the end of your next policy term. If eligible, your enrollment discount may be replaced, after completion of your Assessment Period, by a personalized discount (“automerit Discount”) that takes into account:

  1. based on the kilometers driven:
    1. the time of day that the vehicle is driven;
    2. hard breaking events;
    3. acceleration events; and
  2. the information in your insurance file (e.g. postal code, age)
    (collectively the “automerit Discount Data”).

The automerit Discount is not static and is subject to change upon each renewal of your policy.

Should you decide to opt out of automerit prior to the completion of the Assessment Period, or terminate your participation, you will no longer be eligible to receive either an enrollment or automerit Discount. Your premium will be adjusted accordingly, effective as of the date of termination of your participation.

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How will my discount be applied?

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

The enrollment discount will apply upon enrollment in automerit and, once the Assessment Period is completed, will be replaced, if applicable, by the automerit Discount for the remainder of your insurance policy term if the automerit Discount is equal or greater than the enrollment discount. The automerit Discount is not static and is subject to change upon each renewal of your policy.

If the enrollment discount is greater than the automerit 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 automerit Discount.

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What happens if the Device is disconnected, not installed or if the vehicle is unused?

The Device must remain connected at all times except in the event of extenuating circumstances (e.g., mechanical breakdown of the Device, access to the OBD port is required for maintenance or vehicle servicing, etc.) or unless directed by us. If we are unable to obtain an accurate assessment of driving behaviour due to a series of disconnections on your part or as a result of any misuse of the Device, 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 should we not be able to capture an accurate assessment of the driving behaviour, especially as a result of any disconnection or misuse of the Device, if the vehicle is unused for more than thirty (30) consecutive days or if the vehicle is used in certain regions where cellular coverage is insufficient. If we are still unable to obtain an accurate assessment due to inappropriate use of the Device upon expiry of the notice period, or should you fail to install the Device within thirty (30) days of shipping of the Device, you could be removed from automerit and any discount received would cease to apply. 

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How do I return the Device?

Upon termination of the Assessment Period, or if the Device is not functioning properly, or pursuant to our request, you must return the Device to OCTO in a pre-paid, pre-addressed envelope that will be provided to you.  If the Device is lost or if you fail to return the Device as instructed or if it is damaged, you may be charged fifty dollars ($50) per Device.

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Can I be asked to reinstall the Device?

If the Device is no longer in the vehicle and we feel that the existing automerit Discount or Collected Data (defined below) has become dated or unreliable and is no longer an accurate reflection of the driving behaviour, if we modify the variables taken into account for the assessment of the automerit Discount, or if the risk characteristics have changed in such a way that may indicate a change in vehicle usage such as, but not limited to:

  • change of insured address;
  • addition of newly listed driver; or
  • addition of newly licensed driver to the household;

then, at our sole discretion, we may require reinstallation of the Device to restart the collection of automerit Discount Data for a new Assessment Period to determine your eligibility for a new automerit Discount. If you are receiving a automerit 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 Device?” are completed, and if eligible, you will receive a new automerit Discount based on the corresponding new automerit Discount Data.     

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Can I transfer the Device to another vehicle?

The Device must remain connected to each vehicle that has been enrolled and registered through automerit.  Should you wish to transfer the Device to another vehicle as a result of a sale, mechanical breakdown or collision of an enrolled vehicle, you must first contact us at 1.877.727.8477 and arrange for the Device to be transferred prior to disconnecting the Device from the enrolled vehicle and reconnecting it to a replacement vehicle.  Failure to contact us prior to the removal of the Device may lead to an extension of any Assessment Period and/or removal from automerit.  

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Can I enroll multiple vehicles?

Yes, you may enroll multiple vehicles within automerit subject to meeting eligibility requirements.  Depending on the number of enrolled vehicles and/or principal drivers under the policy and the automerit Discount Data available, you may be eligible to receive additional enrollment discounts and automerit Discounts. Simply call us at 1.877.727.8477 or go to our website at www.belairdirect.com/automerit for full details on multiple vehicle enrollment.

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Will I be able to track my driving behaviour?

As the policyholder, or the person designated by the policyholder, you will have access to a personalized web dashboard that will allow you to track actions or events of the vehicle through a web based secure application (“Dashboard”). You can access the Dashboard at https://automerit.belairdirect.com.

These events include the distance travelled, acceleration, hard braking, time of day of driving, and the automerit Discount that you may be eligible for.

Please note that you may not be able to track driving events when you are driving in certain regions where cellular coverage of the network used by the device to transmit the data regarding your driving behaviour is insufficient.

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Who Owns the Device?

OCTO owns all rights, title, and interests in the Device and as a result you may not copy, modify, or transfer, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Device provided to you.

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PRIVACY

What about Privacy?

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 use and disclose your Personal Information in accordance with automerit, unless otherwise required by law (i.e. subpoena, police investigation, etc.), and will not disclose the Collected Data (as defined below) to third parties, except to our authorized agents/employees and OCTO as required for the purpose of providing you with continuous service. 

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What Personal Information is collected or shared?

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

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What is included in the Collected Data?

Collected Data includes data that is collected by or data that is derived from information gathered by the Device, including information on the vehicle’s usage, and represents driving data based on the collective usage of the enrolled vehicle.

Collected Data namely includes: vehicle location (GPS), odometer reading, average speed, average acceleration, distance travelled, elapsed time of travel, road type, ignition on/off events, accelerometer data (acceleration, deceleration, cornering events), connection and disconnection status, start and end date of travel, start and end time of travel, VIN, and mileage.

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Who sees my Personal Information?

Your name, mailing address, email address, VIN, and policy number are shared with OCTO who uses this information to ship the Device to you, verify that the Device is installed in the correct vehicle, and send you email updates and reminders. The Device transmits the data gathered from the vehicle via the cellular connections chip to OCTO, who then sends the data to us.

As the policyholder, or the person designated by the policyholder, you will have access to a personalized online Dashboard that will show you aspects of the Collected Data to give you feedback from the Device on how the enrolled vehicle was driven, and show you the enrolled vehicle’s automerit Discount (if any) for which you may be eligible. Trip information is updated regularly, and the automerit Discount information is updated weekly. You can access the Dashboard at https://automerit.belairdirect.comThe same information that is available on your Dashboard is also viewable by our authorized agents/employees to enable them to assist you with any questions that 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 fulfill our respective duties in accordance with these Terms.

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Who else must give their consent?

By accepting these Terms, it is your responsibility to inform any other drivers who operate the enrolled vehicles about automerit and the Device, and you undertake to obtain their consent to these Terms.

The Device gathers driving data based on the collective usage of an enrolled vehicle, and does not identify individual drivers, or isolate or categorize the driving data based on individual drivers. 

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How is the Collected Data used?

The automerit Discount Data will be used by us to determine your eligibility and level of discount for the automerit Discount (if any) for which you may be eligible.

We may also analyze the Collected Data to ensure that the information in your insurance file is consistent with the information you provided to us (e.g., the 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 traffic violations.

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Where is my Personal Information stored?

In order to provide you with automerit, we share your Personal Information with OCTO for data collection and shipment 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. 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. 

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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 Office at:

belairdirect 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@belairdirect.com

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Any other questions?

If you have any questions about the automerit program, please call us at 1.877.727.8477, email us at belairdirect@belairdirect.com, or visit us at www.belairdirect.com/automerit.

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.

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