Terms and Conditions for Participation in the Plymouth Rock Assurance Road Rewards® Program (the “Program”)

By downloading the Plymouth Rock Assurance mobile application (the “App”) on your smartphone and activating the Road Rewards program in the App, you consent and agree to these Terms and Conditions. This includes, without limitation, your consent to the collection and disclosure to Plymouth Rock Assurance Corporation, Perks and More, LLC, Mt. Washington Assurance Corporation, Plymouth Rock Management Company of New Jersey, Palisades Safety and Insurance Association, Palisades Insurance Company, High Point Safety and Insurance Company, High Point Property and Casualty Insurance Company, Teachers Auto Insurance Company of New Jersey, Rider Insurance Company, and their affiliates* (collectively, “Plymouth Rock”) and Plymouth Rock’s third-party telematics vendor, Cambridge Mobile Telematics, Inc. (“CMT”), of your personal information, including “Collected Data,” as defined below, and the retainer and use of the Collected Data by them in the manner and for the purposes described herein. Each of the foregoing companies is a separate company that is financially responsible only for its own products, services, acts and omissions. These Terms and Conditions can be viewed at any time on the App. These terms and conditions do not change the Usage Rules set forth in the Apple App Store Terms and Conditions or in the Google Play Terms of Service, whichever apply.

If you are a policyholder of Plymouth Rock with the “Road Rewards” endorsement attached to your Plymouth Rock auto insurance policy, your participation in the Program and ability to earn “Rewards” (as defined below) is also subject to that endorsement. Customers who purchased a Plymouth Rock auto policy through an independent agent or who are listed as a driver on such a policy are eligible to participate in the Road Rewards program. If you are a New York resident who has joined the New York Rewards program offered by Perks and More, LLC (“New York Members”), your participation in the Program and ability to earn Rewards is subject to your providing proof, upon request, that your primary residence is in New York State.

Data Collection:

When the App is downloaded and Road Rewards functionality is activated, the App will collect and record certain data (the “Collected Data”) related to your driving such as trip time, speed, acceleration intensity, hard braking, hard cornering, distance travelled, phone motion while driving, location, or other driving information. The Collected Data may also include information regarding your smartphone, such as its hardware model and version, screen and lock states, language, time zone, battery status, connectivity to Bluetooth, charging status, whether a phone call is taking place, and other “heartbeat” characteristics like whether or not location sources and permissions are active for the App. The location services (GPS) should be on at all times to provide for accurate data collection. If you are a Plymouth Rock policyholder or New York Member, you may be awarded “points” for safe driving, based on the Collected Data. Earned points can be exchanged for certain rewards (“Rewards”).

You may terminate data collection at any time by deactivating Road Rewards within the App or deleting the App. Once Road Rewards is deactivated, your driving activity will no longer be collected and your remaining points balance will be available for 90 days. If your policy is no longer active (not applicable to New York Members), your driving data, score and points will be available for 90 days. In both cases, after 90 days, your points will be forfeited. If you are a Plymouth Rock policyholder or New York Member, terminating data collection will immediately prevent you from earning additional Rewards.

You agree that Plymouth Rock may retain and use the Collected Data for its business purposes, including marketing, research, and possible development of a usage-based insurance product or other rewards programs. You agree that CMT may receive the Collected Data on behalf of Plymouth Rock, including, without limitation, location data, and CMT may retain and use the Collected Data in an anonymous aggregated form. The Collected Data is subject to Plymouth Rock’s Privacy Policy. CMT will use personally identifiable Collected Data only to fulfill the process directly linked to the services provided by the Road Rewards functionality in the App and the Program services described in these terms and conditions. CMT will not otherwise use personally identifiable information, or disclose or transfer it to any third party except to Plymouth Rock in connection with the Program or as required by law. In addition, as noted above, any additional data that you provide to a third-party provider of Rewards will be subject to that third party’s privacy policy.

For Plymouth Rock Policyholders and New York Members only:

If you are a Plymouth Rock policyholder with the “Road Rewards” endorsement attached to your Plymouth Rock auto insurance policy or you are a New York Member, you agree to participate in the Plymouth Rock Assurance Road Rewards Program (the “Program”). By participating in the Program, you confirm that you have a smartphone (iPhone or Android) which is compatible with the App and have and will maintain a data plan at all times. The data plan is needed for accuracy of data collection. If your smartphone is not compatible, the App will not be available for you to download. Data collection will be terminated if Road Rewards is deactivated within the App, which will prevent further information from being collected and submitted to Plymouth Rock and CMT. Plymouth Rock reserves the right to modify or terminate the Program at any time and for any reason.

The Road Rewards functionality within the App, once activated, should not be deactivated and the App should not be deleted or turned off, so that the Road Rewards functionality can automatically be activated within the App each time you start a trip. The location services (GPS) should be on at all times to provide for accurate data collection.

The Collected Data will be used to calculate a driving score based on your driving behavior and to provide you with feedback on your driving performance. In addition, the Collected Data will be used to allow you to earn “points” that can be exchanged for Rewards, available through the App. Rewards may include, from time to time, merchandise, promotional items, discounts on products and services, memberships, special offers, services, or airline miles. Participation in the Program does not guarantee you will earn Rewards. Rewards may be provided by Plymouth Rock or third-parties and may change from time to time.

You may earn “points” based on your driving score relative to other Road Rewards users. Your score is derived from the App’s measurements of your driving, which may include such factors as harsh acceleration or braking, aggressive cornering, excessive speeding and hands-on phone use when driving. The level of driving score needed to earn points may change from time to time in Plymouth Rock’s sole discretion. Plymouth Rock may in the future modify the scoring algorithm to take into account other high risk behaviors. You may view feedback on a given trip and any events that lowered your score within the App and Plymouth Rock encourages you to do so in order to understand how to improve your driving. Points have no monetary value and cannot be exchanged for cash. Plymouth Rock may limit the number of points you may accrue. No new points may be earned when you reach that limit, which may change from time to time in Plymouth Rock’s sole discretion.

In addition, earned points may be lost or forfeited for the following reasons:

• Cancellation or non-renewal of your Plymouth Rock auto insurance policy for any reason (not applicable to New York Members);
• You joined the Program as a New York Member but no longer maintain your primary residence in New York State.
• You disable the App and/or delete it from your smartphone, or you deactivate the Road Rewards functionality for ninety (90) days (the term “disable” includes your turning off location services or otherwise rendering the App unable to capture trip data);
• There is no Road Rewards activity on the App for twelve (12) months;
• You attempt to manipulate your rewards earned through either falsely reporting your operator status, repetitively disabling GPS for the purpose of concealing trips, or other actions you take designed to improve your driving score through manipulation of the App;
• You violate other terms and conditions contained in this document; or
• Plymouth Rock discontinues the Program for any reason.

Some Rewards are available only by joining a third-party service provider’s rewards program, for example, a third-party fuel rewards program where you can use your Plymouth Rock Road Rewards points to receive discounts on fuel purchases. If you choose to use your points to participate in such a program you may be required by the third-party to accept and comply with the third party’s terms and conditions applicable to that program, which terms and conditions are outside of the control of Plymouth Rock, and may (i) require you to provide certain personal data to the third-party in order to participate in its program subject to that third-party’s own privacy policies; and (ii) have its own expiration periods or provisions for the loss of Rewards offered through the third-party’s program.

For all Users:

The Collected Data will be used to calculate a driving score based on your driving behavior and to provide you with feedback on your driving performance.

Provided that you comply with all of these terms and conditions, Plymouth Rock and CMT grant you a revocable, limited, non-exclusive and non-transferrable license to use the Road Rewards functionality of the App on any smartphone that you own or control and as permitted by Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable. Transferring of the collection of information to a different smartphone is permitted by following the procedure when downloading and activating the App.

The App uses a certain amount of power from the smartphone battery. Care should be taken in ensuring the smartphone is charged and turned on when driving to record data. The App may require periodic updates and you agree that updating the App from time to time is your responsibility.

You will have the choice, managed from within the App, to send the Collected Data to Plymouth Rock and CMT only through Wi-Fi networks or through cellular networks. You will be responsible for any data charges and expenses associated with the use of the App. The App is designed to minimize data usage. The App “sleeps” in the background until it identifies driving-like behavior. When it sees movement that looks like driving, the App begins recording more precisely. The App uses data based on number of active driving hours and WiFi usage. For the average driver who never connects to WiFi, the App is expected to use around 2MB per day. Once the Road Rewards functionality in the App is activated, the App must be running at all times as the App will detect and record when you start a trip. The App will identify all trips as “driving” trips (i.e., where the App determines that you were operating a vehicle) or “non-driving” trips (i.e. where the App determines that you were not operating a vehicle). You will be able to manually exclude trips where you were not driving. Any exclusion must be completed within 30 days of the trip or it will be deemed a driving trip. It is important to note that the App collects and transmits Collected Data concerning you regardless of the vehicle that you are operating or traveling in. In particular, the Collected Data applies to any vehicle operated by you.

The App is the property of Plymouth Rock and incorporates certain intellectual property owned by or licensed to Plymouth Rock, CMT, or both of them. Your participation in the Program does not give you any ownership rights in the App, or in any insurance product that may be developed using the Collected Data. Plymouth Rock and CMT shall own all right, title, and interest in and to the Collected Data in accordance with a separate agreement between them. Plymouth Rock will own any inventions, ideas or other intellectual property created by Plymouth Rock using the Collected Data.

Plymouth Rock is the owner of all brand names, service marks, and trademarks used in conjunction with the Program and the App, whether in the form of names, images, logos, or icons, except for those trademarks appearing in the App that are owned by CMT and used with CMT’s permission.

PLYMOUTH ROCK, CMT, AND THEIR AFFILIATES DO NOT ASSUME ANY LIABILITY FOR DAMAGES CAUSED AS A RESULT OF YOUR USE OF THE APP, PARTICIPATION IN THE PROGRAM, OR REDEMPTION AND USE OF REWARDS. PLYMOUTH ROCK, CMT, AND THEIR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE APP, THE PROGRAM, OR THE REWARDS, INCLUDING, WITHOUT LIMITATION, DAMAGE TO OR FOR BODILY INJURY, LOST WAGES, YOUR SMARTPHONE, OR ANY VEHICLES OR OTHER PROPERTY, CAUSED BY OR RESULTING FROM THE USE OF THE APP, PARTICIPATION IN THE PROGRAM, OR REDEMPTION AND USE OF REWARDS, AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE AND STRICT LIABILITY). PLYMOUTH ROCK, CMT, AND THEIR AFFILIATES ARE NOT LIABLE FOR THE UNAUTHORIZED DISCLOSURE OR USE OF THE COLLECTED DATA BY, OR ACTIONS OR INACTIONS OF, ANY THIRD PARTY. THE FAILURE OF PLYMOUTH ROCK, CMT, OR THEIR AFFILIATES TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws principles. You agree that any action with respect to this Agreement shall be brought in the state or federal courts located in Boston, Massachusetts.

You may not assign or delegate any rights or obligations under this Agreement, and any such purported assignment or delegation shall be ineffective. Plymouth Rock may, without notice to you, freely assign or delegate all rights and obligations under this Agreement to a purchaser of all or substantially all of Plymouth Rock’s assets or to any successor by merger or reorganization.

You represent that you have adequate legal capacity to enter into this Agreement and you will use the App only for lawful purposes and in compliance with these Terms and Conditions.

YOU ACKNOWLEDGE THAT: (I) THE APP MAY TRACK YOUR LOCATION WHEN THE ROAD REWARDS FUNCTIONALITY IS ACTIVATED; (II) YOUR USE OF THE ROAD REWARDS FUNCTIONALITY WITHIN THE APP IS ENTIRELY VOLUNTARY; (III) YOU HAVE HAD ADEQUATE OPPORTUNITY TO REVIEW THESE TERMS AND CONDITIONS WITH AN ATTORNEY BEFORE ACCEPTING THEM; (IV) IF YOU ARE A PLYMOUTH ROCK POLICYHOLDER: (A) YOUR PARTICIPATION IN THE PROGRAM IS ENTIRELY VOLUNTARY; AND (B) YOU HAVE HAD ADEQUATE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH YOUR PLYMOUTH ROCK AGENT AND TO ASK QUESTIONS ABOUT THIS AGREEMENT AND THE PROGRAM; AND (V) IF YOU ARE A NEW YORK MEMBER YOUR ELIGIBILITY TO EARN REWARDS WILL BE DISCONTINUED IF AND WHEN YOU NO LONGER MAINTAIN YOUR PRIMARY RESIDENCE IN NEW YORK STATE.

If you have any questions about the Program, you may call Plymouth Rock at 833-511-7625for assistance.

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