Terms and Conditions and Privacy Policy

IDefence Terms and Conditions



Last Modified Date: October 15, 2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Acceptance

IDefence is a service provided in Canada by Sigma Loyalty Group Inc. (“Sigma”, “we”, “us” or “Our”) through its IDefence.com website. These terms and conditions (collectively, the “Agreement”) govern your use of IDefence (the “Services) and apply to use of the IDefence website together with all of the information, materials and services available on this website (collectively the "Website"). In these terms and conditions, all references to "IDefence" include Sigma.

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 IDefence registration process to become a subscriber to the Services.

Changes to the Terms and Conditions

IDefence reserves the right at any time, without notice to you, to modify these Terms and Conditions. The most recent version is located on the Website. By accessing the Website following any modification to these Terms and Conditions, you fully agree to be bound by the modified Terms and Conditions.

Use of the Website

Your Right to Use the Website

Provided that you accept and comply with these Terms and Conditions, you have the limited right to access and use the Website to view the various materials, including information, documents and other content on the Website and to copy, download or print a single copy of any of the information and materials available on it, as provided for herein. Except as IDefence expressly permits in writing, you may not copy, reproduce, download, upload, post, transmit, translate, modify, distribute, sell, rent, license, transfer, mirror, frame or create derivative works of IDefence, in whole or in part, in any form or by any means. In particular, the use of any of such information on any other website or in a networked computer environment for any purpose is prohibited, and the foregoing authorization does not apply with respect to the design or layout of the Website.

Links to Third Party Sites

IDefence may contain links to other websites. IDefence is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by IDefence of the website or any association with their operators. All such other websites are independent from IDefence and from the Website. IDefence has no control over and expressly disclaims any liability for such websites and their contents. IDefence is not responsible for web streaming or any other form of transmission received from any third party website nor is IDefence responsible if the third party website is not working appropriately. Any transactions that take place between you and the third party are directly with the third party and IDefence shall not be held responsible for any loss or damage that you may incur as a consequence thereof. If you decide to access any of the third party websites linked to IDefence, you do so entirely at your own risk.

Intellectual Property

You acknowledge that all intellectual property rights in and relating to the Website (collectively "Intellectual Property") including without restriction all trade-marks, trade names, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; copyrights; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, and rights to sue for passing off; and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world are solely owned by IDefence. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trade-marks, product names and company logos cited herein are the property of their respective owners.

All website design, text, graphics, the selection and arrangement thereof and all software are copyright of or used under license by IDefence. These do not include logos and graphics which are the property of third party companies featured on the Website.

Allocation of Risk

Limitation of Liability

Your use of (or inability to use) the Website is at your own risk. You agree that your sole remedy in the event of any problem with the Website is to cease using the site. Notwithstanding anything to the contrary, in no event will IDefence, its successors and assigns and each of its and their respective directors, officers, employees, consultants or agents be liable for any claims or damages whatsoever (including any direct, indirect, special, incidental, exemplary, punitive or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, loss of business or other economic damages) as a result of accessing or using (or inability to access or use) this Website, its services or its content or any links to other sites made available on this site or the content contained on such site(s), whether or not such claims or damages were foreseeable and even if IDefence has been advised of the possibility of such claim or damages and on any legal or equitable theory of liability (including fundamental breach).

You acknowledge that the provisions of these Terms and Conditions allocate the risks between IDefence and you and that IDefence's pricing reflects the allocation of risk and limitation of liability specified in this section.

Indemnity and Waiver

You hereby agree to indemnify and keep indemnified IDefence its successors and assigns and each of its and their respective directors, officers, employees, consultants and agents (collectively the "IDefence Indemnitees") from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Website or resulting from any breach of these Terms and Conditions whether such breach is carried out by you, your use of the Website, your connection to the Website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you waive any right to bring any claim or action against any or all of the IDefence Indemnitees for any loss, damage or injury arising from use of the Website, its services or content.

Disclaimers

Accuracy of Website Materials

IDefence makes every effort to present the content on the Website accurately; however, the materials contained in the Website may contain inaccuracies and typographical errors. IDefence does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, statement or other information shall be at your own risk. IDefence reserves the right in its sole discretion to correct any errors or omissions in any portion of the Website. IDefence specifically disclaims, to the fullest extent permitted by law, any and all warranties, representations, conditions and guarantees, whether express, statutory, oral or implied, relating to the site or its content, including but not limited to, express or implied warranties or conditions of merchantability, fitness for a particular purpose, completeness, timeliness, correctness, non-infringement, or product liability.

Provided IDefence "As Is"

The Website and the information and material on the Website are provided "as is" and "as available" without any representation, warranty, guarantee or condition express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose. Neither IDefence nor its agents or employees make any representation or warranty of any kind with respect to the Website, any of the content or information provided or posted on the Website or any links to other sites made available on this site or the content contained on such third party site(s). In particular, you acknowledge that there may be interruptions in service due to inherent limitations of the Internet, system upgrades, system maintenance and system configuration and that IDefence assumes no liability for any loss, damage or expense from interruptions in service due to any of the foregoing factors. IDefence does not warrant that you will have continuous, uninterrupted, or secure access to the Website, or that the Website will be error-free, or that defects, if any, will be corrected. Furthermore, IDefence does not warrant that this Website, its servers, or email sent from IDefence is free of viruses, other harmful components or disabling devices. You should take appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.

Provided by Third Parties

IDefence does not make any warranty, guarantee or any representation regarding the quality of, or assurance made in any advertisement or any merchandise, product or service offered or provided by other third party companies.

Matters Beyond IDefence's Control

IDefence shall not be liable for any failure to perform any of its obligations under these Terms and Conditions which is caused by matters beyond its reasonable control including, but not limited to, acts of God, breakdown of Internet services or other computer services, war, strikes, lock-outs and industrial disputes.

General Provisions

Modifications or Discontinuance of the Website

IDefence may modify or discontinue the Website (or a part thereof) with or without notice to you. IDefence shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.

Canadian Residents Only

the Website is directed at users in Canada only.

Access and Use of Password.

Only you may access the Services using your user name or password during the term of this agreement. 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 1-866-323-7187. 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 IDefence website. Unauthorized individuals attempting to access prohibited areas of the IDefence website may be subject to prosecution.

Governing Law

This Website is controlled by IDefence from its offices within the Province of Ontario, Canada. This Terms and Conditions 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 in all matters regarding it.

IDefence makes no representation that any offerings available through our Website are appropriate or available for use in locations outside of Canada, and accessing them from territories where such offerings are illegal is prohibited. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws.

Language

The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Entire Terms and Conditions

These Terms and Conditions constitute the entire agreement between you and IDefence respecting your use of the Website and supersede any prior agreements, arrangements, statements and understandings between IDefence and you including any oral statements made by IDefence representatives. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. The section titles and other headings are for convenience only and shall have no legal effect.

Invalidity

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

Waiver

A waiver by IDefence of any breach by any user of any of the terms, provisions or conditions of these Terms and Conditions or the acquiescence of IDefence 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.

Inquiries

If you have any questions, comments, complaints or concerns or require more information about these Terms and Conditions, please contact us at:

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

IDefence Privacy Policy

Last Modified: October 15, 2020

IDefence (“IDefence” or “Services” or “Website”or “Mobile App”) provides you with services to protect and simplify your life. IDefence takes a unique approach to identity protection that includes proactive prevention, notification, and comprehensive restoration services.

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

Consent

By registering as a member of IDefence 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 IDefence.

Collection of Information

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

  • First and last name;
  • street name and number (and/or apartment #);
  • city;
  • province;
  • postal code;
  • phone number;
  • email address;
  • a username and a password, to authenticate you on the Website;
  • security questions, to enable us to authenticate you when you call us for assistance;
  • answers to the security questions; and
  • Alert notification method (email or text)

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

  • Cheque details including your name, address, phone number (allows you to scan and easily store or retrieve cheque details as well as provide an automatic reminder when your cheques run low);
  • Expense details (allows you to scan your receipts and track your spending);
  • Prescription and medication details (allows you to scan your medication details, locate your closest pharmacy, and prompt you for prescription refills); and
  • Debit and credit card number(s) to be monitored online;

Website Collection of Information

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

When you enter the Website, 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. Your browser software allows you to disable and delete cookies. If you choose to do so, this may interfere with your ability to personalize and be recognized by the Website, and or this may slow down the performance of the Website.

Use of Your Personal Information

We will use your Personal Information:

  • to provide subscriber Services and customer support you request, including but not limited to:
    • online card monitoring;
    • providing you with email/text notifications; and
    • providing you with real-time alerts when your registered debit/credit card number(s) are found on the internet;
  • 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 transactions (including payment transactions) and send notices about your transactions; and
  • to provide a record of correspondence with you, whether by telephone, mail, fax, email or text message, to ensure instructions are properly followed and to ensure customer service levels are maintained.

Profile information is used by IDefence 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 through the Website.

Disclosure of Personal Information

IDefence 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.

IDefence 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 IDefence.

Safeguards

IDefence 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. IDefence 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 to the Website, 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 and enter in the Website 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 IDefence by anyone using your password.

Openness

We shall make available information about our general policies and practices relating to the processing of personal information. IDefence 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

IDefence 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.

Personal Information that is no longer required to fulfill the identified purposes will be destroyed, erased, or made anonymous according to our retention and destruction policies and procedures.

Once Personal Information is deleted, you will not be able to access it any longer and it may not be retrieved by IDefence.

Changes to the IDefence Privacy Policy

IDefence 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 the Website after the effective date of any changes to this Privacy Policy constitutes your acceptance of all such changes.

Links to Third Party Websites

The Website may contain links to other websites that operate independently of IDefence 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. IDefence 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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