You agree to defend and indemnify Belair and BNSIA from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), brought or asserted against Belair and/or BNSIA resulting from (i) your access to, or use of, the Application; (ii) your breach of any laws or the Terms; (iii) your negligence or wilful misconduct; or (iv) your violation of any third party intellectual property rights. This section will survive the termination of these Terms.

15. Intellectual property

The Application is protected by the Copyright Act and other applicable intellectual property laws, and its Content cannot be altered, sold, reproduced, copied, published, distributed, uploaded, broadcast or retransmitted 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 trademarks of Belair Insurance Company Inc. and its affiliated companies. Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Application can constitute trademarks or trade names, registered or not, property of third parties and may be used under licence.

Use of the Application does not grant you any rights to the Application or the Content nor are any rights of use granted in any trademarks or logos included in the Application.

Scotia Home & Auto Insurance and its third-party licensors reserve the right to use any suggestions, recommendations or other feedback you provide without your consent or further obligations to you.

16. Links to other sites

Links from or to Internet sites outside this Application are meant for your convenience only. Where these sites belong to Belair or BNSIA, you may be subject to additional or different terms of use for such sites. Please take the time to familiarize with such additional or different terms of use before using the sites. To the extent the sites do not belong to Belair or BNSIA, you agree that the owners of the outside sites manage their content which are not reviewed, nor approved by us.

These links should not be construed as an endorsement, a guarantee or a recommendation of the products or services offered on those sites.

You access these sites at your own risk. We cannot be held responsible for damages or prejudice of any nature resulting from the use or the content of other sites connected to the Application by hyperlink.

17. Specific Terms of Use for the Digital Proof of Auto Insurance

Please note that by accepting to receive the digital proof of auto insurance (the “DPAI”) in the Application, you consent to receive your proof of insurance, including future updates and modifications, digitally through this Application or your Client Center, when applicable.

If you use the DPAI, you are deemed to accept the following terms of use and any changes to them (the “Terms”) and agree to be bound by them.  You acknowledge and consent that these additional Terms are a part of the Terms of the Application. You acknowledge that opting to receive the DPAI is voluntary. Should you not acknowledge and agree to these Terms, you must use a paper copy of your proof of auto insurance.

You further acknowledge and undertake that you have (or will): (i) notify any other drivers who operate a vehicle listed on your DPAI about these Terms; and (ii) obtain their acceptance and agreement to be bound by the Terms; (iii) share the most recent version of the DPAI with all insureds listed on your insurance policy. 

You acknowledge that by using the DPAI you assume all risks, including:

• possible damage to your mobile device, when handing your device over to a third party to review your DPAI;
• possible access to personal information if you do not turn off notifications or if your mobile device is accidentally unlocked with facial or fingerprint recognition.

You acknowledge that there are certain situations where you may not be able to access your DPAI, or the most up to date version of your DPAI. These include, but are not limited to:

• When your mobile device is not able to access the internet or data network.
• When your mobile device is turned off.
• When you have been locked out of your Application.
• When you have forgotten the password to your Application.
• When you have not properly locked your mobile device to access your DPAI.

You also acknowledge that:

• It is your responsibility to ensure that your mobile device has access to a working internet or data network for the Application to download the most up to date version of your DPAI. For iOS users, the DPAI will automatically refresh every time you open the Application or access the widget. For Android users, the DPAI will automatically refresh daily.
• Only the front side of your DPAI will be accessible on the lock screen. The reverse side of your DPAI will be accessible once you have unlocked your mobile device and accessed your Application.
• The DPAI is not accepted by law enforcement or departments of motor vehicles in all provinces of Canada, nor by all states in the United States – and it is your duty to ensure you possess proof of insurance in the form and manner required by any jurisdiction in which you operate a vehicle listed on your DPAI.
• Federal and provincial laws may prohibit you from using your mobile device and the DPAI in any manner while driving. For your own safety, and the safety of everyone around you, Scotia Home & Auto Insurance strongly encourages you to avoid using your mobile device or the DPAI while driving.
• When you share the DPAI electronically with others, including law enforcement, you are providing those parties with your personal information, including your email address.
• Please also be advised that, regardless of the format (DPAI or a paper copy of your proof of insurance), the operator of your vehicle must always have a proof of insurance in the vehicle at all times.

Any other questions?

If you have any technical questions about downloading or activating the Application or its functionalities, please contact Scotia Home & Auto Insurance.

ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR POLICY SHALL CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.
© 2023 Belair Insurance Company Inc.

Smarter ride - Terms of Use

What is the Smarter ride Program?

The Smarter ride program (the “Program”) allows your automobile insurance premium to be adjusted by sharing information about your driving behaviour with your insurer, Belair Insurance Company Inc. (“Belair”) in order to apply it as a rating factor to determine and/or update your automobile insurance premium. As a result, your automobile insurance premium may be increased, decreased, or remain unchanged (the “Adjustment”), as further outlined below. If you unenroll or are removed from the Program, Belair may continue to use data collected while you were enrolled to adjust your premium at subsequent renewals. Please refer to the Frequently Asked Questions (“FAQs”) for more information on how we’ll adjust your premium.

Acceptance of Terms

Scotia Home and Auto Insurance is arranged for by BNS Insurance Agency (“BNSIA”) and policies are underwritten by Belair. Please note that by downloading and using the Scotia Home & Auto Insurance application (the “Application”) on your smartphone (by “smartphone” we mean a suitable mobile computing device capable of downloading and running the Application as intended), you are deemed to accept and agree to be bound by the following Terms of Use (the “Terms”) during your participation in the Program. For the purposes of these Terms, “you”, “your” and “yourself” refers to any principal driver of a private passenger vehicle, whether or not they are the policyholder or a named insured, who enrols in the Program and who meets all the conditions in the “Am I Eligible?” section below (“Enrolled Drivers”). It is important for policyholders who are not also Enrolled Drivers, to be aware that their premium on each eligible vehicle will be adjusted based on the Driving Data of Enrolled Drivers only. In these Terms of Use, “we”, “us” and/or “our” refers to Belair.

Please take a moment to familiarize yourself with the Terms. Subject to any applicable regulatory approvals, 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 the Program following receipt of such notice.

If you do not accept these Terms in their entirety, you are not eligible to participate in the Program. Do not activate or use the Program portion of the Application if you do not accept these Terms. You must contact Scotia Home & Auto Insurance if you wish to cancel your participation in the Program.

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

How do I participate in the Program?

To participate in the Program, you will have to install the Application, which will use your smartphone’s instrumentation (such as GPS, accelerometer, gyroscope, etc.) to continuously collect information about your driving behaviour and transfer this information to Belair. Along with adjusting your insurance premium, the information collected and transferred will be used by Belair to design, operate, enhance, and administer the Program, as described in detail in the “How is my Personal Information used?” section below.

If you were enrolled in previous versions of the Program, Belair may also use data collected from those previous versions to assess any Adjustment.

Am I eligible?

To participate in the Program, you must meet the following conditions:

• you must be the principal driver of an eligible private passenger vehicle listed on an eligible automobile insurance policy (i.e., a personal automobile insurance policy) with Scotia Home & Auto Insurance;
• since Adjustments will be based on your Driving Data, unless you are also the policyholder or a named insured on the automobile insurance policy(ies) covering the private passenger vehicle(s) for which you are listed as the principal driver, you must be authorized by the policyholder(s) or the named insured(s) to participate in the Program;
• your smartphone must be compatible with the most recent version of the Application, and you must ensure that the Application is installed and updated when required;
• you must maintain a data plan with your mobile service provider, allowing the Application to transfer data to us and our service providers;
• you must provide us with a mobile phone number and email address that must remain valid throughout your participation in the Program; and
• your region must have cellular coverage available to sufficiently gather Collected Data (this is all of the Personal Information the Program collects about you, your mobile device, and your driving behaviour; you can find a complete definition in the “What Personal Information is collected?” section below) regarding your driving behaviour. If you are unsure about cellular coverage in your area, please contact your cellular provider to confirm.

How to enrol?

Enrolling in the Program is easy and completely voluntary. Simply contact Scotia Home & Auto Insurance, or for more information you can visit our website at https://home-auto.scotiainsurance.com/smarter-ride. You will then receive a confirmation text message (SMS) with instructions to download and log into the Application and activate the Program module. You can also enrol directly through the Application. If there are multiple Enrolled Drivers on the same automobile insurance policy, text messages (SMS) related to the Program will be sent to the mobile phone number provided for each of them. Once you have logged in following the instructions provided, accepted the Terms and given the Application permission to access your location and other required data, your enrolment is completed. Once the Application detects your first trip, it will begin recording Collected Data regarding the driving trips and events, which will be sent to Belair. The Application only collects and transmits Driving Data to Belair when a trip has been detected.

If you are a new Scotia Home & Auto Insurance customer and are enrolling in the Program, you will receive a one-time discount applicable to your first policy term enrolled in the Program (the “Activation Discount”). For more details on the Activation Discount, please see our FAQs.

Please note that enrolment in the Program does not guarantee entitlement to any Adjustment, which varies based on your Driving Data and other rating factors.

How will my automobile insurance premium be affected by my participation in the Program?

Your automobile insurance premium will be adjusted upon each renewal of your policy, if eligible, based on a variety of driving events, such as:

• number of trips where you were the driver;
• duration of trip;
• hard braking;
• rapid acceleration;
• cornering and turns;
• kilometres driven, and,
• distracted driving (e.g., using your smartphone while driving).

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

• severity of the event (e.g., how far above the speed limit you drive);
• speed at which event was registered;
• time of day and day of the week you drive;
• driving and road conditions;
• your total distance driven (i.e., if we do not collect sufficient data to assess your driving behaviour, you may not be entitled to an Adjustment or the Adjustment you receive might have a lesser impact on your premium);
• previous Collected Data;
• road types (e.g., highway, urban or rural);
• left or right turns; and
• traditional rating factors (e.g., age and region).

These driving events and factors (collectively the “Driving Data”) will be continuously measured by processing Collected Data while you remain enrolled in the Program. The assessment of your Driving Data will be used to adjust the premium of all eligible vehicles for which you are listed as the principal driver. This assessment may also include historical Driving Data collected during your participation in prior versions of the Program.

The premium will be updated upon each renewal of your, or the policyholder’s, automobile insurance policy, based on your Driving Data, and may:

• Increase – if your Driving Data suggests that you engage in risky driving behaviour;
• Decrease – if based on your Driving Data you are identified as a safe driver; or
• Remain Unchanged – if based on your Driving Data your driving behaviour has stayed the same or does not warrant an increase or decrease (e.g., if you drive fewer than 500 kilometers a year, you might not receive an Adjustment).

However, upon renewal, the premium may also be increased or decreased based on rating factors other than a change in your Adjustment based on your driving behaviour.

Since your Driving Data may be contextualized, you will not be provided with an exact amount or percentage of Adjustment at your or the policyholder’s automobile insurance policy’s renewal. However, the Application will provide you with feedback on your driving behaviour which will allow you to assess whether you are trending towards an increase or decrease in premium. For more information on how you can assess your potential Adjustment, please see our FAQs.

How do I use the Application?

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

If your smartphone’s location services (GPS) are turned off or inaccessible, you may not receive an Adjustment or the Adjustment you do receive might have a lesser impact on your premium, and your access to certain features in the Program portion of the Application may be restricted (e.g., you may be unable to track your driving behaviour or correct incorrectly tagged trips). 

Once the Application is installed and activated, it will detect certain movements, record trips, and tag them automatically to be used to assess your driving behaviour and Adjustment each time you are considered driving a private passenger vehicle. This includes trips where you were driving any private passenger vehicle, regardless of where the vehicle is insured or who it belongs to. Information relating to each trip is available in the Application. If a trip was incorrectly tagged by the Application, you will be responsible for correcting its tagging within thirty (30) days of the applicable trip.

Belair reserve the right at our sole discretion to terminate your participation in the Program or alter any Adjustment if we deem there to be any misuse of the Application (e.g., tagging a trip as a passenger trip when you were the driver).

When should I use the Application and can I use it while driving another vehicle?

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

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

Should you or the policyholder wish to make any changes to the automobile insurance policy regarding the enrolled vehicle or principal driver, you must first contact Scotia Home & Auto Insurance. Failure to do so may lead to removal from the Program.

Can you have multiple Enrolled Drivers?

Each principal driver listed on the automobile insurance policy can become an Enrolled Driver as long as they meet all eligibility requirements. Adjustments based on the Driving Data of Enrolled Drivers will be applied to the premiums of all eligible vehicles on the policy for which the Enrolled Driver is listed as the principal driver. Only one Application will be issued to an Enrolled Driver. Occasional drivers do not need to be enrolled in the Program; Adjustments will only be based on the Driving Data of Enrolled Drivers. For more information, please refer to the FAQs.

Can I enrol multiple vehicles from separate Scotia Home & Auto Insurance automobile insurance policies?

You cannot enrol in the Program on multiple Scotia Home & Auto Insurance automobile policies. However, if you are listed as the principal driver on multiple vehicles insured under separate Scotia Home & Auto Insurance automobile insurance policies, your Adjustment will also be applied to those vehicles automatically. Please keep in mind that if you are not the policyholder or named insured on any applicable automobile insurance policy, you must obtain the consent of policyholder(s) and/or named insured(s) prior to enrolling.

Will I be able to track my driving behaviour?

The Application will allow you to track trips and details about your driving behaviour. You can review these in the Application for up to thirty (30) days.

To help you understand and visualize how you can improve your driving, the Application will translate your Driving Data into a comprehensible summary of select high-risk driving behaviours and personalized performance results that will be displayed in the Application, although more Driving Data than is displayed will be factored into the assessment of your driving behaviour.

Please note that you may not be able to track your driving behaviour when you are using the Application in certain regions where the adequate cellular coverage required by the Application to transmit Collected Data relating to your driving behaviour is non-existent or insufficient, or if your smartphone’s location services (GPS) are turned off or inaccessible. 

What happens if the Application is not activated?

If you do not enrol directly through the Application, you could be removed from the Program if you fail to activate the Application within fifteen (15) days of the effective date of your enrolment into the Program or within fifteen (15) days of the date we send the text message (SMS) to you confirming your enrolment in the Program, whichever is later. Re-enrolment in the Program following your removal will be at Scotia Home & Auto Insurance’s discretion.

What happens if the Application is deleted or does not collect and transfer Collected Data?

The Application runs in the background on your smartphone, detecting your trips and gathering your Collected Data. The Application must remain activated and functional at all times except in the event of extenuating circumstances (e.g., failure of the smartphone or unavailability of the mobile network) or unless directed by Belair. See the “Does the Application affect the battery life of my smartphone?” section below. If the Application is deleted, it will stop gathering Collected Data.

We reserve the right at our sole discretion to terminate your participation in the Program or alter any Adjustment should we not be able to capture an accurate assessment of your driving behaviour, if we deem there to be any misuse of the Application (e.g., tagging a trip as a passenger trip when you were the driver or demonstrating a pattern of pausing and/or disabling of the Application suggesting that your recorded driving behaviour may not be representative of your actual driving behaviour), if no trip is recorded by the Application for more than thirty (30) consecutive days, or if you reside or if the vehicle is used in certain regions where cellular coverage is non-existent or insufficient.

If we are unable to obtain an accurate assessment of driving behaviours (for example, due to the inability of your smartphone to collect and transfer the Collected Data used for the Program, the lack of cellular coverage and/or network in the area where you live or use your vehicle or the deletion of the Application), a notification will be sent to you advising you of such, and providing you with fifteen (15) days to remedy any breach of the Terms. If you fail to remedy any such issues within the allowed timeline, your participation in the Program may be terminated or your premium may be adjusted based on the existing Collected Data, if applicable.

In case of malfunction of the Application or pursuant to our request, you may be required to uninstall the Application from your smartphone. As a result, reinstallation and/or activation of the Application on your smartphone may be required to continue with the Program.

What happens if my enrolment in the Program is terminated?

Should you decide to opt out of the Program, or if your participation is terminated, the Application will stop gathering Collected Data as of your effective date of un-enrolment (or as of the date the Application is deleted if it was done prior to your effective date of un-enrolment).

If your participation is terminated, whether by Belair (see the previous section “What happens if the Application is deleted or does not collect and transfer Collected Data?”) or by your decision to opt out of the Program, we may use any Driving Data collected prior to the effective date of termination to provide an Adjustment at subsequent renewals.

If you choose to unenroll and end your participation in the Program, you may re-enrol at any time subject to the eligibility criteria in the above "Am I Eligible?” section. However, if your participation was terminated by Belair due to any misuse of the Application (e.g., tagging a trip as a passenger trip when you were the driver or demonstrating a pattern of pausing and/or disabling of the Application suggesting that your recorded driving behaviour may not be representative of your actual driving behaviour) on your part, your re-enrolment in the Program will be at Belair’s discretion. Please see our FAQs for more information on ending your participation in the Program and conditions applicable for any subsequent re-enrollment.

Additionally, if your participation in the Program ends for any of the reasons outlined above (including your failure to activate the Application), any Activation Discount that may be applicable to your first policy term enrolled in the Program will be removed. Please see the FAQs for more information on the Activation discount.

Can I use or transfer the Application to another smartphone?

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

Does the Application affect the battery life of my smartphone?

Use of the Application may affect your battery life. You must ensure that the smartphone is charged and functional when the vehicle is being driven so that the Collected Data may be recorded.

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, unless you are connected to a Wi-Fi network, downloading the Application and the Application itself will use your cellular data to transfer Collected Data to Belair. 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.

Privacy

What about my privacy?

Belair and BNSIA are committed to protecting your privacy. Belair and BNSIA will handle your Personal Information in accordance with our privacy policies (visit https://home-auto.scotiainsurance.com/privacy to learn more about our privacy policies or to contact our privacy office). However, when you participate in the Program, you will have to share additional information about your driving behaviour with Belair. These Terms describe in detail how we collect, use, and disclose the Personal Information we collect under the Program. The Collected Data is not collected, used or shared with BNSIA.

The information handling practices described in these Terms supplement those described in our privacy policies.

What Personal Information is collected?

To participate in the Program, you will have to provide additional contact information including your mobile phone number and email address, which will become part of your insurance file with us and will be handled in accordance with our privacy policies. In these Terms, by “Personal Information”, we mean certain information in your file, such as, your name, mobile phone number and policy number, your driving behaviour, and your Collected Data. 

You will also have to install the Application so it can continuously collect information about your driving behaviour and transfer this information to Belair. This information is only transmitted to Belair when a trip is detected (e.g., when the Application identifies you as riding in a vehicle).

The information collected and transferred by the Application includes:

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

(Collectively the “Collected Data”)

How is my Personal Information used?

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

• Determining the driving events we use, or may use in the future, for the purpose of assessing your driving behaviour and calculating any changes in your premium.
• Improving our understanding of your driving behaviour and activities such as, for example, where you drive, what times of the day you drive, how much you drive, what type of roads you drive on, what type of weather you drive in, and other data collected about specific trips in order to more effectively:
  • review and update your rating criteria with you (e.g., location principally garaged, distance driven annually, usage type (pleasure/commute/business), etc.);
  • contribute to the assessment of the overall level of risk you represent as an automobile insurance insured, which is used by us, for example, in our regular renewal process (including to determine the level of premium adjustment);
  •  assess whether you continue to qualify for insurance coverage under our underwriting guidelines (e.g., using your vehicle outside of your province of residence), the assessment would be carried out in consultation with you and/or the Policyholder;
  • detect, investigate, process, assess (e.g., fault determination) and settle insurance claims;
  • detect, prevent and suppress fraud (e.g., disclosing, pooling or analyzing Collected Data and other data in cooperation with fraud prevention organizations);
  • detect, investigate, or correct any misuse or malfunction of the Application (e.g., tagging a trip as a passenger trip when you were the driver or demonstrating a pattern of pausing and/or disabling of the Application) suggesting that your recorded driving behaviour may not be representative of your actual driving behaviour; and
  • conduct research and development, including sharing anonymized data with academic institutions for research purposes.

Automated decision systems are used for the purposes of assessing your driving behaviour and determining your Adjustment.

However, please note that the Collected Data will only be used, collected, and shared as permitted by, and strictly in accordance with applicable laws including Canada’s federal private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA).

Collected Data will not be used on its own to directly:

• decline a risk;
• cancel your automobile insurance policy; or
• refuse to renew your automobile insurance policy.

However, we may use Collected Data to contribute to the investigation, prevention, and suppression of fraud (e.g., misrepresenting where a vehicle is principally garaged and operated), which may result in our declining to issue a policy or the cancellation of, or our refusal to renew, your automobile insurance policy. Where required by law, you will be contacted during any such investigations.

If your participation in the Program is terminated, we may continue to use Driving Data collected prior to the effective date of termination to adjust your premium at your subsequent renewals and any existing premium adjustments may continue to apply. 

How can I access/correct my tagged trips?

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

However, please note that if we deem there to be any misuse of the Application (e.g., tagging a trip as a passenger trip when you were the driver), your participation in the Program may be terminated or your premium may be adjusted.

How is my Personal Information disclosed?

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

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

Please note that we may anonymize, aggregate, or otherwise render the Collected Data non-identifiable as permitted by law, in which case these Terms or our privacy policies will no longer apply to it.

Where is my Personal Information stored?

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

How long is my data stored?

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

What if I am not the policyholder?

Only your Collected Data will be collected, used, and disclosed by the Application for the purposes of the Program. If you are not the policyholder or a named insured on the automobile insurance policy covering the private passenger vehicle for which you will be an Enrolled Driver, you must obtain the policyholder’s consent to participate in this program and you acknowledge some of your Collected Data will be accessible to the policyholder as a result of your participation in the Program.

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:

Belair Insurance Company Inc. Privacy Office

700 University Avenue, Suite 1500-A
Toronto, Ontario M5G 0A1
Phone: 1 (866) 941-5094 (toll free)
Fax: 1 (416) 941-5322
Email: privacy@belairdirect.com

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 contact Scotia Home & Auto Insurance, or visit us at https://home-auto.scotiainsurance.com/smarter-ride for more information. For any questions, please Scotia Home & Auto Insurance.

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. Belair and BNSIA make 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. Belair and BNSIA do not warrant that the Application, its operation, and any data collected will be uninterrupted or error or defect-free, that any errors or defects in the Application will be corrected, that data will not be lost or damaged, or that the Application or server(s) that make it available are free from viruses, disabling code or other contaminants. 

THE PROGRAM AND THESE TERMS DO NOT ADD, LIMIT, REMOVE, OR MODIFY COVERAGES ON YOUR AUTOMOBILE INSURANCE POLICY IN ANY WAY. HOWEVER, THESE TERMS OF USE ADD ADDITIONAL TERMS TO YOUR AUTOMOBILE INSURANCE POLICY WHICH ARE SPECIFICALLY LIMITED TO OUTLINING YOUR RESPONSIBILITIES UNDER THE SMARTER RIDE PROGRAM AND OUR COMMITMENT TO USE YOUR INFORMATION FOR THE PURPOSES OF THE SMARTER RIDE PROGRAM AS IS DISCUSSED ABOVE. ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR AUTOMOBILE INSURANCE POLICY CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.

Crash Assist - Terms of Use

Crash Assist is made available by Belair ¹. In this section, “we”, “us” and/or “our” refers to Belair. By activating Crash Assist, you expressly consent to the collection, use and disclosure of your personal information by us and our third-party service providers as necessary for the purposes of detecting motor vehicle collisions (“Crash Detection”), sending you push notifications and providing you with emergency assistance options. 

Crash Assist requires the use of data collected from Smarter ride and access to your mobile device’s location services. Features of Crash Assist may not work if you are no longer enrolled in Smarter ride or if the corresponding settings to allow the collection and sharing of information and location information are not enabled.

The data collected, used, and transferred by Crash Assist includes:

• information we get directly from your smartphone’s instrumentation: such as global positioning system (GPS) time and location data, accelerometer data, gyroscope data, location services on/off data, screen on/off data, magnetometer data, barometer data and other smartphone or instrumentation data;
• information you enter directly about detected trips in the Scotia Home & Auto Insurance app such as whether you were involved in a crash; and
• technical information about your smartphone’s hardware or software such as: smartphone make and model, operating system version, software version, and other technical information relating to your smartphone.

(Collectively the “Collected Data”)

Crash Assist will periodically collect, access, and process Collected Data via your mobile device to detect your driving activity, your mobile device’s location, and movement patterns of your motor vehicle (e.g. swerving, abrupt stops, the speed of your motor vehicle, etc.). 

Crash Assist may also collect this information for any motor vehicle that you are in, even if you are not the driver.  By using Crash Assist in a motor vehicle, you represent and warrant that you are the driver and have consented, or that have obtained consent from the driver, to use Crash Assist’s driver protection features and to allow them to access and collect Collected Data. 

When you use Crash Assist, it can detect motor vehicle collisions when you are in a motor vehicle and your mobile device is with you.  Your mobile device must be powered on and properly functioning for Crash Detection to work.  If a motor vehicle collision is detected, Crash Assist may prompt you to determine whether you need assistance, and it may provide you with the option to call 911. In the event of a motor vehicle collision, Crash Assist may transmit collision information to us and our third-party service providers.

While these features are designed to help you in the event of a motor vehicle collision, Crash Assist may not detect all motor vehicle collisions or provide any emergency assistance options, including but not limited to the option of placing a 911 call.  In some cases, hardware limitations of your mobile device may prevent crash detection. Crash Detection may not detect all types of motor vehicle collisions, including, without limitation, low speed collisions and collisions that occur when your motor vehicle is parked or stopped.

Motor vehicle collisions may not be detected if your mobile device is located outside of your wireless service coverage area, if your mobile device is otherwise not connected to your wireless service provider’s network, or if your mobile device is otherwise unable to transmit and receive data over a mobile service provider’s data network. Crash Detection will not work if your mobile device is not connected to the internet via a data network.  Other factors also may prevent accurate Crash Detection.  

Crash Assist is NOT A REPLACEMENT FOR EMERGENCY SERVICES in the event of a serious motor vehicle collision, or one that involves an injury.  In the event of such a collision, always dial 911 immediately, even if you are not provided with the option by Crash Assist.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE OPERATION, PERFORMANCE, AVAILABILITY, OR RESULTS OF CRASH ASSIST, INCLUDING (WITHOUT LIMITATION) THAT CRASH ASSIST WILL: SUCCESSFULLY DETECT MOTOR VEHICLE COLLISIONS, COMMUNICATE WITH YOU IN THE EVENT OF A MOTOR VEHICLE COLLISION, OR CONTACT ANY ROADSIDE ASSISTANCE SERVICE.  THE NATURE OF CRASH ASSIST’S PERSONALIZED GUIDE IS PURELY INFORMATIVE AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE ACCURACY OR APPROPRIATENESS OF THE INFORMATION CONTAINED THEREIN FOR YOUR SPECIFIC SITUATION OR CIRCUMSTANCES. WE ARE NOT LIABLE FOR THE ACTIONS OR INACTIONS OF ANY USER, 911 CENTER, EMERGENCY RESPONDER, ROADSIDE ASSISTANCE PROVIDER, OR ANY OTHER THIRD PARTY.  

Use of Crash Assist or its features may use a significant amount of power from the battery of any mobile device that Crash Assist is installed on.

¹ Scotia Home & Auto Insurance is arranged for by BNSIA. Home and auto policies are underwritten by Belair Insurance Company Inc., and services are provided by belairdirect Agency Inc. except in the province of Quebec where the services are provided by Belair Insurance Company Inc. (collectively “belairdirect”). We offer car insurance and home insurance in Alberta, Ontario, Quebec, New Brunswick, Nova Scotia, Newfoundland and Labrador and Prince Edward Island and home insurance only in British Columbia. For more information, please visit https://www.scotiainsurance.com.

Severe Weather alerts

General

By activating the Severe Weather Alerts Feature, you accept and agree to bound by these Terms of Use (the “Terms”) as well as our Privacy Promise.  In these Terms, “we”, “us” and/or “our” refers to Belair. If you don't agree to these Terms, it's simple: don't activate Weather Alerts. Please take a moment to familiarize yourself with these Terms. We may make changes to these Terms at any time, but we will provide advance notice or request your consent to any such changes, as legally required.

Withdrawal

If you no longer wish to participate in Weather Alerts, you may withdraw at any time through the app.

What is the Severe Weather Alerts Feature?

As the weather is difficult to predict, we want to help you prepare and take the necessary precautions to protect what matters to you. We operate this feature with our partner, ClimaCell. Once you successfully set-up Weather Alerts within the app, you will receive push notifications when a specific address or Geolocation you choose to have monitored (a “Registered Address”) is under advisory. Weather Alerts will begin sending alerts as early as the date of activation and will stop when your withdraw.

Things to note

• Alerts will be based on the Registered Address(es) or Geolocation you enter in the app settings. 
• Alerts will be sent when the ClimaCell company detects severe weather within approximately 3 km of your Registered Address(es) or current location, if location services are activated.
• Alerts may be sent up to 5 hours before severe weather reaches your Registered Address(es) or current location.
• Data charges may apply.

Information needed to operate the Weather Alerts

To run Weather Alerts, we require you to provide certain information through the app. Some of this information may include personal information as defined by Canada’s federal and provincial privacy laws. This information will be used to operate and administer Weather Alerts and to develop, enhance, improve, and manage the products and services we provide. 

Personal information required

• Name: To identify you for the purposes of operating and administering Weather Alerts.
• Registered Address(es) or Geolocation: To determine the locations for which you will receive alerts.
• Responses to alert ratings: To evaluate and measure the effectiveness of Weather Alerts, and to improve, market, and develop Weather Alerts and other products and services we provide.

Please note that we may anonymize, aggregate or otherwise convert personal information into non-identifiable information as permitted by law. These Terms and our Privacy Promise do not apply to non-identifiable information.

Miscellaneous

Choice of Laws & Venue

These Terms shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, despite any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario regarding all actions or other disputes relating to Weather Alerts and these Terms.

Accuracy

To participate in Weather Alerts, you're required to provide information about yourself. By submitting this information, you accept responsibility for its accuracy, appropriateness and legality for use in Weather Alerts. It may be distributed to ClimaCell to provide severe weather alerts.

No Warranties

This feature and all alerts are provided to you “as-is”, “with all faults” and are used at your risk. Belair and BNSIA make 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. Belair and BNSIA do not warrant that this feature or any severe weather alerts you may receive will be accurate, error-free or defect-free or that any inaccuracies, errors or defects will be corrected.

Severability & Survival

If any provision of these Terms or the Privacy Promise is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and the Privacy Promise will remain in force.

No liability for Actions or Omissions

You understand and acknowledge that this feature and any severe weather alerts are for informational purposes only. ClimaCell, Belair and BNSIA shall not be liable for your reliance on the alerts, participation in Weather Alerts, or your actions or omissions taken due to the receipt, or non-receipt, of an alert.

Entire Agreement

These Terms and the Privacy Promise form the whole agreement between you and us concerning Weather Alerts.

WEATHER ALERTS AND THESE TERMS DO NOT ADD, LIMIT, REMOVE, OR MODIFY COVERAGES ON YOUR AUTOMOBILE INSURANCE POLICY IN ANY WAY. ALL TERMS, LIMITS, CONDITIONS, EXCLUSIONS, DEFINITIONS AND PROVISIONS OF YOUR AUTOMOBILE INSURANCE POLICY CONTINUE TO APPLY AND HAVE FULL FORCE AND EFFECT.