Terms and Conditions and Privacy Policy

MyIdentityAssist Terms and Conditions



Last Modified: October 15, 2020

Acceptance

MyIdentityAssist™ is operated in Canada by Sigma Loyalty Group Inc. (“Sigma”, “we”, “us” or “Our”). through its MyIdentityAssist.com website. These terms and conditions, along with all other terms and legal notices located on this MyIdentityAssist.com website (collectively, the “Agreement”), govern your use of MyIdentityAssist (the “Services”).

Acceptance is limited to the terms and conditions herein set forth. Any terms proposed by you that are additional or inconsistent with the terms of the Agreement will not be binding on Sigma unless Sigma accepts such terms in writing.

If you have read, understand and agree to be bound by the Agreement, select “I AGREE” below. That action is the equivalent of your signature and indicates your acceptance of the Agreement and that you intend to be legally bound by it. If you do not agree to be bound by the Agreement, you will not be able to proceed with the MyIdentityAssist registration process to become a subscriber to the Services.

Privacy

To deliver the Services under the Agreement, Sigma will need to collect, use and /or disclose your personal information to certain organizations that carry out functions on our behalf, such as suppliers. In addition, as part of our Services, we may retrieve your credit report information from credit reporting agencies on your behalf and provide that information to you. We do not disclose that credit report information to anyone but you, except for our service providers who help us provide our Services to you. We also may disclose that information as provided by law, such as for fraud prevention, upon request by your authorized representative, or to comply with federal or provincial legal requirements. You provide your consent to such collection, use and disclosure of your personal information by pressing “I AGREE” below. If your consent is not provided, Sigma will not be able to provide you with the Services.

Your personal information is subject to the Sigma MyIdentityAssist Subscriber Privacy Policy (“Privacy Policy”), which is available a MyIdentityAssist.com. You agree that the Privacy Policy applies to your use of the Services by pressing “I AGREE” below.

Agency

I hereby authorize MyIdentityAssist to act as my agent in notifying all the card companies I have registered that are covered by the MyIdentityAssist services, plus any new additions I wish to add during the course of my subscription, of their loss or theft or upon request, a change of address for the registered cards.

Changes to the Agreement

Sigma may change the terms of the Agreement at its sole discretion at any time. Your use of the Services after changes are made to the Agreement means that you agree to be bound by such changes.

Electronic Documents

You hereby consent to the exchange of information between you and Sigma electronically over the Internet and that the Agreement in electronic form shall be the equivalent of an original written paper agreement between you and Sigma.

Provision of Services

Sigma agrees to provide you with MyIdentityAssist services. You agree to provide true, accurate, current and complete information about yourself as requested. A subscription is required for each individual wishing to have access to the Services as further described in the Limitations on Use, Access and Use of Password section below.

Limitations on Use

Canadian Residents Only.

The Services are intended for Canadian residents only. To subscribe to the Services you must have a valid Canadian address.

Access and Use of Password.

Only you may access the Services using your user name or password during the Term (as described below). You are responsible for keeping your password confidential and for all activities that occur under your password. You must advise Sigma of any unauthorized use of your password, or any other breach of security by immediately contacting Sigma at 1-877-738-5979. In no event will Sigma be held liable to you for any liabilities or damages resulting from or arising out of any compromise of the confidentiality of your password or any unauthorized access or use of your password, whether with or without your knowledge. Additionally, you agree that you will not access or attempt to access secure or non-public areas of the MyIdentityAssist.com website. Unauthorized individuals attempting to access prohibited areas of the MyIdentityAssist.com website may be subject to prosecution.

Term and Termination

The Agreement shall be effective immediately upon registration and shall continue in effect until terminated as provided herein. The Services are purchased on an annual (12 month) basis in advance (but the fees may be charged, subject to availability, on an ongoing monthly basis in equal monthly installments) and will be automatically renewed for like terms until cancelled by you or terminated earlier by Sigma (the "Term"). You may cancel the Services at any time by contacting Sigma by phone at 1-877-738-5979. However, if you cancel the Services because you do not agree with the information provided to you, you will not be entitled to a refund. Sigma reserves the right to terminate the Services at any time without notice to you at its sole discretion. Sigma also reserves the right to refuse or terminate the Services immediately if you are overdue in paying the applicable Services fee or if Sigma determines that you have committed fraud or other illegal acts, made untrue statements, or if you have failed to fully co-operate with Sigma in connection with your use of the Services. Upon cancellation by you or earlier termination by Sigma, Sigma will provide you with a pro-rated refund for any Services not provided based on the remainder of the Term at the time of cancellation or termination, provided that you will remain liable for fees to the end of the billing month during which the cancellation or termination occurred. All applicable provisions of the Agreement will survive cancellation or earlier termination of the Agreement.

Upon cancellation or earlier termination of the Agreement Sigma will destroy all your personal information in accordance with the Privacy Policy.

Fees and Payment

Fees for the Services are as stated on this MyIdentityAssist.com website, exclusive of taxes, which Sigma may change from time to time at its sole discretion. Taxes shall be paid exclusively by you. Sigma assumes no, and shall have no, liability or responsibility for payment of taxes. Regardless of whether or not you use the Services, you will be charged all fees for the Term up front (or the fees may be charged, subject to availability, on an ongoing monthly basis in equal monthly installments) for your continued access to the Services. If your access to the Services is cancelled or terminated for any reason, you will remain liable for fees to the end of the billing month during which the cancellation or termination occurred (or, if applicable, you will be charged a prorated monthly amount for the month during which the cancellation or termination occurred). You will pay for the Services by allowing us to charge the credit card you designate upon registering for the Services. If you cancel or terminate the credit card for which you agreed to pay for the Services, you must notify us and designate a new credit card to be used in order for you to continue paying for the Services.

Limitation of Liability

In no event will Sigma, Sigma’s affiliates and each of their respective directors, officers, employees, agents and contractors and their successors and assigns be liable for any direct, indirect, incidental, consequential, punitive, exemplary, aggravated or economic damages, howsoever caused, arising out of the Services or otherwise related to the Agreement, even if Sigma has been advised of the possibility of such damages or claim.

This section shall survive the cancellation or earlier termination of the Agreement.

Indemnity and Waiver

You hereby agree to indemnify and keep indemnified Sigma, its successors and assigns and each of its and their respective directors, officers, employees, consultants and agents (collectively the “Sigma Indemnitees”) from and against any and all liability, damages, losses, claims (including reasonable legal fees), third party claims (including reasonable legal fees), howsoever arising or caused, suffered or incurred by any of them directly or indirectly arising from or in connection with or relating to the Services or resulting from any breach of the Agreement, whether such breach is carried out by you or by any other person through your password, arises out of your data, your use of the MyIdentityAssist.com website, your connection to the MyIdentityAssist.com website or your violation of any third party rights. Furthermore, you hereby acknowledge that use of the Services is done at your own discretion and risk and that you waive any right to bring any claim or action against Sigma Indemnitees, or any third party who might claim contribution and indemnity as against Sigma, for any loss, damage or injury arising from the Services or any breach of the Agreement.

No Warranty

Except as expressly provided in the Agreement, Sigma does not make or give any representations, warranties, guarantees, conditions, other agreements or acknowledgments of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade, that form part of or affect the Agreement.

Exclusions

Individual rules or policies of card issuers may prevent Sigma from requesting replacement cards as part of the Services. You may have to contact the card issuer directly.

From time to time the Services may be provided by third party service providers. Sigma makes no representations or warranties regarding Services provided by third party service providers. Sigma assumes no, and shall have no, liability or responsibility for any and all Services provided by third party service providers.

General Provisions

Accuracy.
The information provided on the MyIdentityAssistcom website is derived from sources that Sigma believes are reliable. However, Sigma does not guarantee the accuracy of the information, nor does Sigma assume any responsibility or liability whatsoever for publishing it herein.

Modifications or Discontinuance of the Services.
Sigma may modify or discontinue the Services (or a part thereof) with or without notice to you. Sigma shall not be liable to you or any third party for any modification, suspension or discontinuance of the MyIdentityAssist.com website.

Assignment.
Sigma may assign or subcontract any or all of its rights and obligations under the Agreement at any time without notice to you. You acknowledge that you may not, without the prior written consent of Sigma, assign or dispose of your obligations under the Agreement whether in part or in whole.

Notices.
All notices given by Sigma to you will be given by email or mailed to you and any such messages shall be effective when sent. You agree to notify Sigma in the event of a change to your designated email address for purposes of the Services. Sigma is not responsible for any loss of communications if you deactivate your email address provided for your MyIdentityAssist account.

Entire Agreement.
The Agreement constitutes the entire agreement between you and Sigma pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions, arrangements, statements and understandings, written or oral, between Sigma and you respecting the subject matter of the Agreement. To the extent that anything in or associated with the Agreement is in conflict or inconsistent with the MyIdentityAssist.com website terms and conditions, the Agreement shall take precedence.

Headings.
The section titles and other headings are for convenience only and shall have no legal effect.

Waiver.
A waiver by Sigma of any breach by any subscriber of any of the terms, provisions or conditions of the Agreement or the acquiescence of Sigma to any act (whether of commission or omission), which, but for such acquiescence, would be a breach as aforesaid, shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.

No Partnership/Joint Venture.
Nothing in the Agreement shall be construed as forming a partnership or joint venture with you, and no third party will have the right or ability to create any obligation on Sigma’s behalf.

Governing Law.
The Agreement shall be governed by the laws of Ontario and the federal laws of Canada applicable therein and you consent to the exclusive jurisdiction of the Ontario courts.

Language.
The parties have required that the Agreement and all documents relating thereto be drawn up in English. The parties acknowledge and agree that in the event of a conflict between the English and French translations, the English version shall control. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Invalidity.
If at any time any one or more provisions of the Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Agreement shall continue in full force and effect.

Force Majeure.
Sigma will not be liable to you for any damage as a result of any delay or failure to perform under the Agreement due to any, act of God, war, terrorist activity, earthquake, fire, flood, embargo, accident, riot, sabotage, labor shortage or dispute, defaults by subcontractors, governmental act, failure of the Internet or other computer services or any other cause beyond its control.

Disputes.

All questions or disputes regarding MyIdentityAssist, the MyIdentityAssist website, its services, its contents or this Agreement, including without limitation, questions regarding participation and eligibility, must be submitted in writing within ninety (90) days of the query where applicable, to

Sigma Loyalty Group
P.O. Box 1700 STN D
Toronto, Ontario M9A 5C7

MyIdentityAssist Privacy Policy

Last Modified: October 15, 2020

MyIdentityAssist (“MyIdentityAssist” or “Services” or “Website” or “App”) is a comprehensive identity protection solution that proactively monitors your personal information and provides notifications, worry-free travel support and restoration services in one complete package.

MyIdentityAssist is a subscribership service (restricted to users who sign-up as subscribers), operated by Sigma Loyalty Group Inc. (“Sigma”, “we”, “us” or “Our”). “Personal Information” means any personal information about an identifiable individual but does not include the name, title, business address or telephone number of an employee or organization.

The MyIdentityAssist Privacy Policy (the "Privacy Policy") is designed to help you understand how we collect, use, and retain the Personal Information that you provide on MyIdentityAssist and to whom this information may be disclosed. This Privacy Policy applies to all the Services provided by MyIdentityAssist but does not extend to the data management practices of third-party sites that may be linked to the Services.

When you become a MyIdentityAssist member, or any time you interact or do business with MyIdentityAssist, you agree to the terms of this Policy as updated from time to time.

Consent

By registering as a member of MyIdentityAssist you consent to the collection, use, retention and disclosure of your Personal Information as described in this Privacy Policy.

You may withdraw your consent to the use of your Personal Information by contacting the Privacy Officer as provided below. However, if you withdraw your consent you will not be able to continue to participate as a subscriber of MyIdentityAssist.

Collection of Information

To deliver the Services under MyIdentityAssist, you may disclose the following Personal Information in connection with your subscription when you register as a subscriber with MyIdentityAssist:

  • First, middle (optional), and last name;
  • street name and number (and/or apartment #);
  • city;
  • province;
  • postal code;
  • language preference;
  • date of birth (optional);
  • previous address (optional), unless you have lived at current address for less than 2 years; This information will be required in the event of fraud to initiate our credit monitoring and fraud alert services.
  • email address;
  • home phone number;
  • cell phone number (optional), unless you would like to receive Personal Information alerts via text message;
  • business phone number (optional);
  • credit card type;
  • credit card number;
  • credit card expiry date;
  • credit card security code;
  • a username and a password, to authenticate you;
  • two security questions, to enable us to authenticate you when you call us for assistance; and
  • answer(s) to the security questions.

In addition, as part of the Services you utilize, you may also disclose the following Personal Information in connection with your Services:

  • debit and credit card number(s) to be monitored;
  • date of birth for online Personal Information monitoring;
  • cell phone number(s) for the mobile registry service and for sending you text message alert(s);
  • other (Optional): retail cards, financial accounts (chequing, savings, RRSPs), government documents (driver’s licence, health card, passport), investments (shares, bonds), contacts, insurance policies, memberships, passwords/PINs, prescriptions, etc. for the Document Registry Service;
  • travel dates, duration and location information for the travel notification service;
  • emergency contact information for the emergency contact service; and
  • any Personal Information document/record provided by you that is stored in the document registry that may not be listed above.

Website and App Collection of Information

When you visit our Website or App, information is collected by us as you interact with our Website or App, and, if you register as a subscriber of MyIdentityAssist, you disclose Personal Information in connection with your registration and as may be provided by you on your account.

When you enter the Website or App, we collect certain information from your browser using "cookies". Cookies are small files that are stored on your computer that help us to optimize your experience on the Website or App. We may use cookies to monitor and improve your Website or App experience. These cookies do not contain Personal Information. They gather statistical data such as the average time spent on a specific webpage. This kind of information provides us with insight on how to improve the design, content and navigation of our Website and App. Your choice not to accept these cookies will not interfere with your use of the Services.

We may also use cookies as part of the functionality and security of the Services. These cookies may include an encrypted persistent cookie installed on your computer or device that contains information to help us verify you as the subscriber and to help block unauthorized attempts to access your information through the Website. Your choice not to accept these cookies may interfere with your ability to personalize and be recognized by the Website, and/or may prevent the operation of the Services or certain features within the Services from operating.

Use of Your Personal Information

MyIdentityAssist does not sell, rent or trade any Personal Information to any third party for financial gain or marketing purposes.

When you register with MyIdentityAssist, you create your own profile.

We will use your Personal Information:

  • to provide subscriber Services and customer support you request, including but not limited to:
    • Online Card Monitoring service;
    • Online Personal Information Monitoring;
    • Out of Country Travel Notification;
    • Change of Address service; and
    • Card Replacement service
  • for administrative purposes;
  • to understand your needs and preferences so that we may notify you of new service offerings or send you advertisements that respond to your needs or preferences based on your communication preferences;
  • to resolve disputes, collect payments, and troubleshoot problems;
  • on an aggregate, non-identified basis for the purposes of planning a service or product;
  • to process payment transactions;
  • to send notices about your transactions; and
  • to provide a record of correspondence with you, whether by telephone, mail, email or text message, to ensure instructions are properly followed and to ensure customer service levels are maintained.

Profile information is used by MyIdentityAssist primarily to be presented back to and edited by you when you access the Service.

We may also monitor or record any telephone call we have with you and the recording of the call may be retained. Monitoring and recording of calls is done to establish a record of the information you provide; to ensure that instructions are properly followed; and to ensure customer service levels are maintained. We will inform you of the possibility that your call is being monitored or recorded prior to proceeding with the call. If you prefer not to have your call recorded you can conduct your transaction online.

Disclosure of Personal Information

MyIdentityAssist will not disclose your Personal Information to any other persons without your prior consent, unless as permitted or required by law, for example:

  • to a government institution, law enforcement or other authority that has lawful authority to obtain the information;
  • to comply with a subpoena or warrant or an order made by a court, person or entity with jurisdiction to compel the production of information;
  • in urgent circumstances to protect the life, health or security of any person; or
  • to comply with court rules regarding the production of records and information.

MyIdentityAssist may transfer certain Personal Information to business service providers, but only to fulfill the purposes as described in this Privacy Policy. When we do, we select a company carefully and, by contractual means, ensure that it uses privacy and security standards comparable to those of MyIdentityAssist.

MyIdentityAssist may disclose your Personal Information in connection with a corporate reorganization, merger or amalgamation, provided that the use of such Personal Information so disclosed continues to be the use permitted by this Privacy Policy.

Safeguards

MyIdentityAssist will protect information from accidental disclosure, unauthorized publication, damage, or other breach of privacy. We have comprehensive physical and logical security policies and procedures, based on industry best practices, to address practices for the secure access, storage, transmission, and disposal/destruction of information. MyIdentityAssist will maintain appropriate security upon the disposal and destruction of records containing Personal Information.

In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of Personal Information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities.

Information Security

When you transmit Personal Information on-line, that information is encrypted using the 128 bit SSL security protocol (Secure Sockets Layer) which encrypts the information channel from your computer to our server over the Internet. We also use SSL to allow you to securely view your on-line account and registration information. Furthermore, your credit/debit card information is encrypted using the 256 bit AES (Advanced Encryption Standard) encryption algorithm and stored in a database.

Other than limited access by us in order to carry out account administration functions as described above, the Personal Information you create in your profile is accessible only by you using a password created by you. To protect the integrity of your profile, you must keep your password personal. You are responsible for all uses of MyIdentityAssist by anyone using your password.

Openness

We shall make available information about our general policies and practices relating to the processing of Personal Information. MyIdentityAssist will not make available information respecting its processing or management of Personal Information for a specific customer except to that customer or as directed by that customer.

Accuracy of Personal Information and Access

MyIdentityAssist shall keep the Personal Information that it collects as accurate, complete and up to date as reasonably required for the purposes for which it is to be used.

Our customers are responsible for the accuracy and completeness of the Personal Information that has been provided to us to perform the Services requested.

You may update, review or correct your Personal Information at any time on-line by accessing your password protected registration page or by contacting our Privacy Officer as specified under “Questions or Concerns About Your Privacy” below.

Limiting Retention

We will keep Personal Information that remains relevant for the intended purposes or as required by law. We may keep information about you in our records as long as it is needed for the purposes described above, including statutory or regulatory retention requirements, even if you cease to be a customer.

Upon termination of your Services with Sigma, Sigma will return or transfer your account information and Personal Information to your financial institution or to your financial institution’s new service provider, in accordance with the terms of any agreement between Sigma and your financial institution. Subject to the foregoing, Sigma will destroy any retained Personal Information as required by privacy laws. You are advised to consult with your financial institution directly with respect to its treatment of your Personal Information and account information.

Once deleted, you will not be able to access it any longer and may not be retrievable by MyIdentityAssist.

Changes to the MyIdentityAssist Privacy Policy

Sigma regularly reviews all of its policies and procedures and as a result may change this Privacy Policy from time to time without notice. The most recent modification date of this Privacy Policy will appear at the top of this page. If we materially change our practices in processing Personal Information, we will post an updated policy in place of this Privacy Policy, to keep you informed of what information we collect, how we use it and with whom we share it. Your continued access and use of MyIdentityAssist after the effective date of any changes to this Privacy Policy constitutes your acceptance of all such changes.

Links to Third Party Websites

MyIdentityAssist may contain links to other websites that operate independently of MyIdentityAssist and that are not under our control. We provide links to other websites solely for your convenience and information. Other websites may have their own privacy notices, which we suggest you review if you visit any linked websites. MyIdentityAssist is not responsible for information that is collected through those websites or for any other use or disclosure of information by the operators of those websites.

Questions or Concerns About Your Privacy?

We welcome you to contact us at any time should you have any questions, comments or concerns regarding this Privacy Policy or about our collection, use and disclosure of your Personal Information. Please contact our Privacy Officer at the coordinates listed below:

Privacy Officer
Sigma Loyalty Group
P.O. Box 1700 STN D
Toronto, Ontario M9A 5C7

Email: privacy.canada@sigmaloyaltygroup.com

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