Terms and Conditions – myTrueIdentity
THE TERMS AND CONDITIONS BELOW CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER.
Welcome to myTrueIdentity (herein referred to as “MTI”), provided by TransUnion Interactive, Inc., a Delaware corporation (“TUI” or “TransUnion Interactive”) and a corporate affiliate of Trans Union of Canada, Inc. (“TransUnion”). TUI and TransUnion are referred to herein collectively as, "we", "us" and "our".
MTI is provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). Please review them carefully. We strongly recommend that you save or print a copy of these Terms and Conditions for future reference. YOU MUST ACCEPT THE TERMS AND CONDITIONS BELOW BEFORE YOU WILL BE PERMITTED ACCESS TO MTI. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE MTI.
Your activation code entitles you to receive MTI at no charge for the period determined by your third-party provider (the “service period”). MTI will not be renewed at the end of the service period. If you wish to obtain services from TransUnion Interactive after the end of the service period, it will be necessary to order the products available at the then market rate by visiting www.transunion.ca. We do not guarantee that any or all of the services offered through MTI will be available for purchase from TransUnion Interactive or that the information obtained through MTI will continue to be available in whole or in part after the service period.
MTI is only available if we can match your personal information with your credit file. If TransUnion cannot match you to its credit database or is otherwise unable to generate your credit score, you will not be able to use all or part of MTI until such time as you have built a sufficient credit history. We may terminate your access to MTI for any reason and without notice, including but not limited to a breach by you of these Terms and Conditions. You may ask to cancel your enrollment at any time by contacting TransUnion. Your cancellation will be effective after a reasonable processing period. Upon cancellation, you will lose access to MTI, including any credit data and analyses that have been displayed to you in the past.
Registration and Accurate Information
If you chose to access MTI, you will be required to register, provide personal information and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TransUnion Interactive promptly of any unauthorized use of MTI and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms and Conditions and shall constitute grounds for immediate termination of your right to access MTI. The security and privacy provided by using login names and passwords is not absolute and can be compromised. Your use of the user name and password is at your own risk. You are responsible for protecting your MTI account and password and for all use of your MTI account by you and other users (whether authorized or not).
TransUnion Credit Score
The credit score provided is your CreditVision Risk Score, which is a model created by TransUnion. The CreditVision Risk Score predicts credit risk. Specifically, it measures the probability that a person will pay his or her debts on time. There are many different credit scores in the marketplace based on different models with different scoring ranges and lenders use a variety of different credit scores to make credit decisions. The scores provided by MTI are for educational/informational purposes only and are not intended for use by lenders. The credit score provided through MTI may not be the same score used by your lenders or other commercial users to make credit decisions about you, including but not limited to a credit decision arising from an offer you received within MTI. MTI can only evaluate the account information that appears on your TransUnion consumer credit report. Accounts not reported to, or subsequently deleted from, your TransUnion consumer credit report will not be reflected in your score. TransUnion Interactive does not maintain your credit report information and is not able to make any changes to it. TransUnion Interactive cannot initiate any disputes on your behalf. Neither TransUnion Interactive nor TransUnion is responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit report.
Credit Monitoring sends you alerts on certain key changes to your TransUnion credit report. Credit Monitoring monitors the credit file at TransUnion most closely identified with you based on multiple identifying factors such as first and last names, current and former addresses, Social Insurance Number (if provided) and date of birth. Credit Monitoring may not alert you if an item of identifying information about you (including your name, address or Social Insurance Number) is contained in the credit file of another person, and will not provide you with any information contained in another individual's credit file. Credit Monitoring does not monitor, compare or cross-reference your credit file with the credit file of any other person. Credit Monitoring does not monitor your credit file at any other consumer reporting agency.
Refresh Frequency of Services in MTI
Credit Monitoring alerts, TransUnion credit reports, and credit scores will be updated periodically during your enrollment in MTI and should not be considered “real-time”.
Identity Theft Insurance
The identity theft insurance benefit for MTI members is underwritten and administered by insurance company subsidiaries or affiliates of American International Group, Inc. (collectively referred to as, "AIG") under a master group policy issued to TransUnion for the benefit of MTI members. A summary of the terms of coverage are set forth in the “Identity Protection” > “Identity Theft Insurance” tab. The complete policy is available from TransUnion Interactive on request. AIG administers all claims and we shall have no responsibility with respect to such identify theft benefit.
Not a Credit Repair Tool
TransUnion and TUI are not credit repair or credit counseling organizations or similarly regulated organizations under other applicable law, and do not provide credit repair advice. MTI is not a credit repair tool and TUI makes no representation or promise that it will prevent fraud or improve your credit report, credit history or credit score or provide you with any assistance in that regard.
You agree to receive, in electronic form, these Terms and Conditions and all other commercial electronic messages regarding MTI, and products and services offered by TUI or our third party business associates (such as, financial institutions, telecommunications companies, retailers, insurance companies or real estate companies) that compliment MTI. You can withdraw consent to allow TUI or our third party business associates to send you commercial electronic messages by making use of the unsubscribe mechanism included in a promotional email you receive from us or a third party business associate or by contacting us as outlined below (see “Notices").
As part of MTI, we may send you credit alerts by email, text message or telephone or emails confirming your enrolment or cancellation of MTI. You consent to receive these non-commercial communications and any other service-related electronic messages. If you unsubscribe for marketing commercial electronic messages, you will continue to receive service-related electronic messages from us.
Right to Receive a Free Credit Report
The credit and personal information provided to you as part of MTI does not constitute a “consumer disclosure” for the purposes of applicable consumer reporting legislation. By law, you are entitled to receive a free copy of your consumer disclosure from each of the national credit reporting agencies by contacting them directly. For more information visit www.transunion.ca.
We may, from time to time, introduce new features to MTI or modify or delete existing features in our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules and terms concerning these features.
The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on MTI are the property of TransUnion Interactive or its licensors (including third party licensors such as your provider) and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Content within MTI, TransUnion Interactive owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from MTI for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TransUnion Interactive or the owner of the Content.
Disclaimer of Warranties and Liabilities
MTI, INCLUDING ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH MTI, IS PROVIDED TO YOU "AS IS".
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRANSUNION INTERACTIVE, TRANSUNION NOR THEIR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PRODUCTS OR SERVICES OR INFORMATIONAL CONTENT AVAILABLE ON OR ACCESSED THROUGH MTI, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO MTI, THE CONTENT, THE PRODUCTS OR SERVICES OR INFORMATIONAL CONTENT OR THAT MTI, THE CONTENT, THE PRODUCTS OR SERVICES OR INFORMATIONAL CONTENT WILL BE ERROR-FREE.
IN ADDITION, TRANSUNION INTERACTIVE, TRANSUNION AND THEIR AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF MTI, THE CONTENT THE PRODUCTS AND SERVICES AND THE INFORMATION CONTENT ARE AT YOUR OWN RISK.
BY USING MTI, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRANSUNION INTERACTIVE, TRANSUNION NOR THEIR AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO MTI, THE CONTENT, THE PRODUCTS OR SERVICES OR THE INFORMATIONAL CONTENT (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION BE LIABLE FOR ANY LOSS ARISING OUT OF TRANSUNION INTERACTIVE OR TRANSUNION’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN NO EVENT SHALL TRANSUNION BE LIABLE FOR ANY DELAY IN PROVIDING SERVICES, OR DAMAGES RESULTING FROM ANY DELAY IN SERVICES. IN NO EVENT SHALL TRANSUNION INTERACTIVE OR TRANSUNION HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN.
You agree to release, discharge and hold TransUnion Interactive, TransUnion and their affiliates harmless from any and all claims, losses, damages, obligations, or liabilities, directly or indirectly relating from your use of MTI. In no event shall TransUnion Interactive, TransUnion or their affiliates be liable for any direct, incidental, special, punitive or consequential damages however caused arising out of your use, or inability to use, MTI.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the Province of Ontario and applicable federal law, without regard to any conflict of law provisions. TransUnion Interactive can provide credit information only for individuals who have established credit in Canada. If you choose to access MTI from outside Canada, you do so at your own initiative and are responsible for compliance with local laws.
Policy Regarding Children
You must have reached the age of majority in your province of residence to access MTI. We define children as individuals under the age of majority in their province of residence. MTI is not intended for the use of children and we do not intend to collect information about children through MTI.
Policy on Links to Third Party Web Sites
MTI may contain links to third party web sites. TUI does not represent, guarantee, or endorse any web site that you may access from this web site. In addition, if we provide a link to a web site, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this web site are provided solely as a convenience to you. When you access a non-TUI web site, the linked site and its content are not under our control. Your dealings with the third party, and any products or services obtained from the third party, are subject to your agreements with them. TUI is not responsible for web casting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.
You should send any notices or other communications regarding MTI, including products or services accessed through MTI, to TransUnion Interactive, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your personal information, please go to “My Account” and then to “My Information.”
AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) THAT MAY ARISE AS A RESULT OF YOUR ACCESS TO AND USE OF MTI, YOUR USE OF THE PRODUCTS OR SERVICES ACCESSED BY MTI, AND/OR THESE TERMS AND CONDITIONS.
Except where prohibited by law, you agree that any dispute, claim or controversy (“Claim”) between you and TransUnion Interactive or TransUnion, their respective parent, agents, contractors, employees, officers or assignees, arising out of or relating in any way to your access to and use of MTI, your access or use of any product or service accessed through MTI, and these Terms and Conditions, or in respect of any legal relationship associated with or derived from these Terms and Conditions, including, without limitation, tort and contract claims or claims based on any federal, provincial or local statute, law or regulation must be resolved exclusively by private and confidential binding arbitration, to the exclusion of the courts.
YOU UNDERSTAND AND AGREE THAT SUCH CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator pursuant to the ADRIC Arbitration Rules of the ADR Institute of Canada (the “ADRIC”). The place of mediation shall be Toronto, Ontario. The language of the arbitration shall be English.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TransUnion Interactive takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or TransUnion Interactive is notified by the other of a dispute, either party may then contact the ADRIC in writing and request arbitration of the dispute. Information about the arbitration process and the ADRIC’s arbitration rules and its fees are available from the ADRIC on the Internet at http://www.amic.org/.
This Arbitration Agreement and any proceedings hereunder shall be governed by the Arbitration Act, 1991 (Ontario) as amended or replaced from time to time.
In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. If applicable, you irrevocably and unconditionally submit to the courts of the Province of Ontario, or if such courts do not have subject-matter jurisdiction, to the Federal Court of Canada.
We will not be deemed to have waived any of our rights or remedies under these Terms and Conditions unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
If any provision of these Terms and Conditions conflicts with applicable or if any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of these terms and conditions and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
Version Date: January 2019