CreditDefend Terms and Conditions and Privacy Policy
CreditDefend Terms and Conditions
Last Modified: October 15, 2020
CreditDefend is provided in Canada by Sigma Loyalty Group Inc. (“Sigma”, “we”, “us” or “Our”). These terms and conditions govern your use of the CreditDefend suite of products and services and any CreditDefend mobile application. By downloading or installing the CreditDefend application or by accessing or using the CreditDefend services, you are agreeing to be bound by these terms and conditions. Please review these terms and conditions carefully before accepting them and before installing any Application software or making use of any Services. These terms and conditions contain limitations and exclusions of warranty and liability in favour of Sigma in Sections 9 and 10. References to CreditDefend herein are references to the CreditDefend suite of products and services and the CreditDefend application, as applicable. Sigma may revise these terms and conditions from time to time.
1. Service Description and Fees.
The details of CreditDefend, including the description of services, the term of your membership, any related fees and the method of payment, are as stated on the CreditDefend Application or website. You are responsible for taxes relating to any CreditDefend fees. If you do not pay your fees in full as required by Sigma, Sigma may suspend or terminate your use of CreditDefend. CreditDefend fees do not include any mobile network carrier fees.
2. Privacy.
Sigma will handle any personal information you provide when using CreditDefend in accordance with its privacy policy, located at www.mycreditdefend.com.
3. License.
Any CreditDefend application or software that you download or install is licensed, not sold, to you by Sigma. You do not own any element of CreditDefend and may not use any element of CreditDefend except as described in these terms and conditions. All elements of CreditDefend are the property and confidential information of Sigma or are licensed by Sigma.
Sigma permits you to install and use CreditDefend subject to your continued compliance with these terms and conditions. Sigma can change any part of CreditDefend, amend these terms and conditions, or suspend or cancel your CreditDefend access for any reason without notifying you. Your rights to use CreditDefend will terminate automatically without notice from Sigma if you fail in any way to comply with these terms and conditions. Upon termination for any reason, you must immediately stop using CreditDefend and shall destroy all copies of CreditDefend in your possession or control.
4. General Restrictions and User Termination.
You may only install and use any CreditDefend mobile application on a compatible mobile device that you own or control. You may only use CreditDefend for your personal, non-commercial use. Your right to use CreditDefend is not exclusive. You may not copy, modify, translate, reverse engineer or create derivative works from CreditDefend, use CreditDefend for any commercial purpose, distribute CreditDefend to any other person or permit any other person to use your CreditDefend account. You may not use CreditDefend to harass, abuse, threaten, defame or otherwise infringe or violate the rights of any other party. You may not register CreditDefend unless you are within Canada and a Canadian resident.
In order to terminate a CreditDefend membership or account, the primary account holder must call Sigma at 1-877-738-5978. A CreditDefend membership or account may only be terminated by the primary account holder of record. Upon termination, Sigma will continue to bill the primary account holder for any applicable fees until the end of the current membership billing period.
5. Passwords and User Responsibility.
You must keep any CreditDefend passwords confidential. You must immediately advise Sigma of any unauthorized use of your password or any other breach of security.
You are responsible (and Sigma has no responsibility) for actions taken by any person that uses your copy of CreditDefend or your CreditDefend account, including pursuant to any family plan or group CreditDefend package, even if another person does so without your permission or knowledge. These Terms and Conditions apply to and must be reviewed accepted by each user that uses CreditDefend, including any eligible family members under your account. Where you are authorized to permit minors to use the CreditDefend under your account, you take full responsibility and accept all risk for their use, and agree to indemnify Sigma for any claims or losses associated with the use by any minor.
6. User Generated Content.
User Generated Content is content that you generate using CreditDefend or transmit or publish to the CreditDefend environment. Sigma may use User Generated Content for any reason, and you hereby provide a worldwide, unlimited and unrestricted license to Sigma to use your User Generated Content to that effect. Any User Generated Content generated, transmitted, or published by any other person using your CreditDefend application or account, with or without your knowledge or permission, will be deemed to be your User Generated Content and to have originated from you personally. Sigma may delete any User Generated Content for any reason without notifying you.
You promise that you have acquired all necessary legal consents, rights and licenses, including under copyright laws, to generate, transmit or publish your User Generated Content and have made all factual and legal inquiries necessary to confirm the same. You are not allowed to post any User Generated Content which is protected by copyright, or other intellectual property rights, or derivative works thereof, without obtaining permission of the copyright holder.
Sigma prohibits you from including any of the following in your User Generated Content: comparisons to third party products or services; defamatory, libellous, false, misleading or intentionally inaccurate statements; or any link to any website containing any statements of that nature, or offering any of the following: a) sexual paraphernalia; b) drug paraphernalia; c) adult films, recording or magazines; d) defamatory, obscene, harmful to minors or pornographic, child or otherwise, materials; e) weapons; f) other illicit or illegal activities; g) credit repair services or similar businesses; h) computer viruses, so-called Trojan horses, time bombs, cancelbots or other computer programming routines that have the effect (whether by intent or not) of damaging, detrimentally interfering with, surreptitiously intercepting or expropriating any system, data, or personal information.
7. Availability.
Sigma provides CreditDefend over the Internet and mobile networks and so the quality and availability of the Services may be affected by factors outside Sigma’s control. As such, Sigma does not guarantee the availability of the CreditDefend and is not responsible for unavailability of CreditDefend or any difficulty or inability to download or access CreditDefend content.
8. Third Party Materials and Services.
By using the Services you may be directed or provided access to third party services, products, materials or web sites (collectively, "Third Party Services"). These terms and conditions as they relate to Sigma will extend to the benefit of the providers of Third Party Services, including the disclaimers of warranty and limitations of liability. You may be required to accept additional terms of service before using any Third Party Services. Sigma does not examine, evaluate or endorse any Third Party Services and is not responsible for any Third Party Service content or fees. Your use of Third Party Services is at your own risk.
Where your CreditDefend subscription includes access to a Third Party Service, Sigma takes no responsibility for the performance of those services by that third party.
9. No Warranties.
CreditDefend is provided on an “as is” and “as available” basis without warranty of any kind, and your use is entirely at your own risk. To the maximum extent permitted by law, Sigma disclaims all warranties and conditions, express or implied, with regard to the Services including, but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular use or purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. No oral or written information or advice given by application provider or its authorized representative shall create a warranty.
10. Limitation of Liability.
To the maximum extent permitted by law, in no event will of Sigma or any of its affiliated companies, licensors, suppliers, third party providers and agents (and their respective employees, officers, directors and representatives) (each, a “Sigma Party”) be liable for any personal injury, damage to property or indirect losses or damages of any kind whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of your use or access or inability to use or access CreditDefend or any claim attributable to errors, omissions, or other inaccuracies in CreditDefend or the content, materials or information provided or available through CreditDefend, whether or not Sigma or any Sigma Party is made aware of the possibility such losses, whether based on breach of contract, tort (including negligence), product liability or otherwise.
Neither Sigma nor any other Sigma Party is liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of CreditDefend.
The maximum total aggregate liability all Sigma Parties to you for all damages (other than as may be required by applicable law) relating to your use of CreditDefend, including any Third Party Services and these terms and conditions, is limited to (i) in the case of any free CreditDefend services, ten dollars ($10.00) and (ii) in the case of any paid CreditDefend services, the greater of ten dollars ($10.00) and an amount representing one month of CreditDefend fees actually paid to Sigma (pro-rated, in the case of services provided other than on a monthly basis). You are personally responsible (and each Sigma Party is not responsible) for any damages, losses or expenses you suffer or incur above those amounts.
11. Indemnification.
You are responsible for any liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) (“Losses”) against or incurred by Sigma or any other Sigma Party in connection with (a) your breach of these terms and conditions or any applicable policy, instruction or guideline issued by Sigma; (b) your use of or inability to use CreditDefend; (c) any of your User Generated Content; or (d) your violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. You shall indemnify Sigma and all other Sigma Parties and from and against any such Losses.
12. General.
Sections 2, 6, 8, 9, 10, 11 and 12 will survive termination of these terms and conditions or of your license to use the Services. These terms and conditions, together with the terms relating to fees and subscription periods set out in the CreditDefend materials on the CreditDefend application or website, constitute the entire agreement between you and Sigma relating to the CreditDefend and the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or unwritten, and no other or subsequent representation or purported agreement by Sigma will be binding on Sigma. If any provision of these terms and conditions other than Section 9 (No Warranties) or Section 10 (Limitation of Liability) is void or declared void, the remaining provisions hereof will remain in full force and effect. If Section 9 (No Warranties) or Section 10 (Limitation of Liability) is void or declared void then your right to use CreditDefend will immediately and automatically terminate without further notice. These terms and conditions are intended to be governed by and interpreted in accordance with the laws of the Province of Ontario. You hereby accept and attorn to the exclusive jurisdiction of the courts of the Province of Ontario with respect to the adjudication of any matter pertaining to these terms and conditions or your use of CreditDefend. All questions concerning these terms and conditions must be directed to:
Sigma Loyalty Group Inc. P.O. Box 3020 STN D Toronto, Ontario M9C 4V5
13. Additional Terms for Credit Defend.
Credit report, credit score and daily alert services (the “Equifax Services”) are supplied by Equifax. Sigma is not responsible for the performance by Equifax of the Equifax Services. All rights of Sigma under these Terms and Conditions, including all disclaimers, limitations of liability and indemnities from you in favour of Sigma, also apply to Equifax in respect of the Equifax Services.
CreditDefend Privacy Policy
Last Modified: October 15, 2020
CreditDefend (“CreditDefend” or “Services” or “Website” or “App”) is a Service that provides you with daily monitoring of your credit file which includes bureau activity alerts, notification of changes to your credit file, a credit report and a credit score.
CreditDefend 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 CreditDefend Privacy Policy (the "Privacy Policy") is designed to help you understand how we collect, use, and retain the Personal Information that you provide on CreditDefend and to whom this information may be disclosed. This Privacy Policy applies to all the Services provided by CreditDefend but does not extend to the data management practices of third-party sites linked to the Services.
Consent
By registering as a member of CreditDefend 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 CreditDefend.
Collection of Information
To deliver the Services under CreditDefend, you may disclose the following Personal Information in connection with your subscription when you register as a subscriber with CreditDefend:
- First, middle (optional), and last name;
- street name and number (and/or apartment #);
- city;
- province;
- postal code;
- date of birth;
- email address;
- home phone number;
- business phone number (optional);
- cell phone number (optional), unless you would like to receive activity alerts and notification of changes via text message;
- credit card type;
- credit card number;
- credit card expiry date;
- credit card security code;
- a username and a password, to authenticate you on the Website or App;
- two security questions, to enable us to authenticate you when you call us for assistance;
- an answer to each security question; and
- previous address (optional) or unless you moved within last two years, then it’s mandatory in order to receive your credit report.
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 CreditDefend, 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 a 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 or App. Your choice not to accept these cookies may interfere with your ability to personalize and be recognized by the Website or App, and/or may prevent the operation of the Services or certain features within the Services from operating.
App Collection of Information
We collect information provided by you. Sigma also collects information about your device such as device model, unique device number, browser type, and IP address. Information about your device helps us improve the functionality of our App, meet our customers’ needs, measure the effectiveness of our Services, enhance security measures and protect you.
When accessing the Services through the CreditDefend App, no Personal Information will be stored on your device. If you choose to use the “Remember Me” functionality, the CreditDefend App will store your username and password to help us verify you as the subscriber and recognize you in future sessions.
Use of Your Personal Information
CreditDefend does not sell, rent or trade any Personal Information to any third party for financial gain or marketing purposes.
When you register with CreditDefend, 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:
- daily monitoring of your credit bureau file;
- notifying you of any activity on your credit bureau file;
- providing you with a credit report; and
- providing you with a credit score;
- 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 CreditDefend 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
CreditDefend 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.
CreditDefend 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 CreditDefend.
As part of the Services being provided by CreditDefend, we may retrieve your credit bureau information from credit reporting agencies on your behalf and provide that information to you. We do not disclose your credit bureau information to anyone but you, except to our service providers who help us provide the services to you.
CreditDefend 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
CreditDefend 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. CreditDefend 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 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 CreditDefend by anyone using your password.
Openness
We shall make available information about our general policies and practices relating to the processing of Personal Information. CreditDefend 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
CreditDefend 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.
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 CreditDefend.
Changes to the CreditDefend 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 CreditDefend after the effective date of any changes to this Privacy Policy constitutes your acceptance of all such changes.
Links to Third Party Websites
CreditDefend may contain links to other websites that operate independently of CreditDefend 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. CreditDefend 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 3020 STN D Toronto, Ontario M9C 4V5