Zander Identity Theft Solutions Benefits Description

Introduction

This Benefits Description (the “Agreement”) contains the terms and conditions of your benefits coverage with Zander Identity Theft Solutions (“Company”). Please read this material carefully. If you have any questions about the Program or your benefits, please contact us.

Dependent Eligibility

If you enrolled in the family plan (or sign up in the future), eligible family members include your spouse or domestic partner. Children up to 18 years of age are eligible for Social Security monitoring, Personal Information monitoring, recovery services, reimbursement and wallet protection. Adult dependents up to the age of 26 are eligible for recovery services, reimbursement and wallet protection only.

When Your Benefits Start

Your benefits begin on the effective date stated in the welcome email/letter.

When Your Benefits End

Your benefits are in effect as long as you are enrolled as a Zander Identity Theft Solutions member and your payment method is valid. Your membership will automatically renew for monthly or annual memberships until you contact Zander Identity Theft Solutions to request termination of this Agreement, or if your payment method is no longer valid.

Description of Benefits

  1. DEFINITIONS

    (used in this Benefits Description)
    1. "Program" means the Zander Identity Theft Solutions Program of personalized identity theft protection, social security number monitoring, change of address monitoring, recovery services and reimbursement.
    2. "Identity Theft Event" means the theft of a Participant's personal information, including a Social Security number, email, phone numbers or other identifying information about the Participant, which has or could reasonably result in the wrongful use of such information including, but not limited to, identity theft events occurring on or arising out of the Participant's use of the Internet. The Identity Theft Event shall not include the theft or wrongful use of the Participant's business name, d.b.a., or any other identifying information related to any business activity of the Participant. All losses resulting from the same, continuous, related, or repeated acts shall be treated as arising out of a single Identity Theft Event occurring at the time of the first such Identity Theft Event.
    3. "We," "us," and "our" mean Zander Identity Theft Solutions.
    4. "You" and "your" mean a member with benefits coverage under the Program.
    5. "Allowable expenses" means those incurred by you and fitting the definition of "costs" as set forth in the Personal Internet and Identity Coverage Insurance ("PIIC") issued by Allianz.
    6. "Participant" means a member or dependent covered by the Program.
  2. PROGRAM COVERAGE

    The Program includes personalized identity theft protection and recovery services provided by Zander Identity Theft Solutions, together with the PIIC Coverage provided by Allianz. The following is a list of the benefits for which you are eligible

    1. Monitoring Services

      Personal Information Monitoring - Zander’s Personal Information Monitoring system is designed for proactive detection of your personal information on the internet where cyber thieves buy and sell information.

      Change of Address – monitors for requests to re-route mail on behalf of members.

      Social Security Trace – detects names and addresses associated with member’s social security number.

      *Monitoring services are intended as a tool to help minimize identity theft but do not guarantee to identify all ID theft events that may occur.

    2. Identity Theft Recovery Benefits

      If you discover that you are a victim of identity theft while enrolled in the Program, we will assign a Recovery Advocate to manage your case and help with the recovery process. They will create a Recovery Plan based on your case. The Recovery Plan will outline the actions that you and the Recovery Team will need to take to complete the recovery process. Your cooperation in completing the Recovery Plan is a condition of the continued involvement of the Recovery Advocate and the Recovery Team.

      Recovery Benefits include:

      • 24 hour service, 7 days a week, 365 days a year
      • Unlimited Recovery Services
      • Restore the victims credit file to the pre-theft status
      • Notify the three major credit bureaus of fraud and place fraud alerts
      • Review the member’s credit report with the member to determine the potential areas of fraud
      • Notify the member's affected creditors, government agencies, the IRS, medical institutions, and all other appropriate entities of the identity theft
      • Obtain a limited Power of Attorney from member allowing recovery agents to work on the member’s behalf
      • Scan all proprietary databases for the misuse of victim’s personal information

      Lost Wallet Protection:

      • If a member has their wallet stolen or it becomes lost, we will quickly and effectively help terminate and re-order wallet contents. Our Certified Identity Theft Risk Management Specialists will work with the member to cancel and/or reissue all documents that were lost, including debit/credit cards, ID cards, health insurance IDs, social security card and more.
    3. Identity Theft Lost Income and Expense Reimbursement

      Lost base wages that would have been earned, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the subscriber's identity. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days, but not for sick days or any cost arising from time taken from self-employment.

    4. Unauthorized Electronic Fund Transfer Reimbursement

      Participants who are victims of identity theft will be reimbursed the principal amount, exclusive of interest and fees, incurred by you and caused by an Unauthorized Electronic Fund Transfer. Stolen Funds Loss shall not include any amount for which you did not seek reimbursement from the financial institution which issued the access device and holds the account from which funds were stolen, and stolen funds loss shall not include any amount for which you received reimbursement from any source.

    5. Financial Reimbursement Coverage:

      Fraud or Embezzlement - Loss arising out of fraud or embezzlement perpetrated against the subscriber, during the term of the program.

      Theft - Loss resulting directly from theft of property related to the subscriber's information, checkbook, savings record, ATM access, etc. by a person from whom the subscriber purchased goods or services.

      Forgery - Loss resulting directly from forgery or alteration of checks, drafts, promissory notes, or similar written promises drawn upon the subscriber’s account.

      Data Breach - Loss resulting directly from the misuse of subscriber's information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor or a securities firm wherein monies are stolen from the subscriber’s account.

      Covered Expenses (as a result of the identity fraud)

      1. Costs incurred by the subscriber for re-filing applications for loans, grants, or other credit that are rejected solely because the lender received incorrect information.
      2. Costs for notarizing affidavits, incurring long-distance telephone calls, travel and postage reasonably incurred as a result of the subscriber's efforts to report an identity fraud and/or amend records.
      3. Costs for contesting the accuracy or completeness of any information contained in a credit report.
      4. Payment for reasonable expenses incurred that were a result of recovery from an identity fraud such as: credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees and expert witness fees.
      5. Lost base wages that would have been earned, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the subscriber's identity. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days, but not for sick days or any cost arising from time taken from self-employment.
      6. Child or elderly care costs that would have otherwise not been incurred, resulting from time reasonably and necessarily taken away from providing such care as a result of efforts to amend or rectify records as to the subscriber's identity.

      Covered Legal Costs

      Costs for reasonable fees for an attorney with either prior approval by us or costs up to $125.00 per hour for an attorney selected by the Subscriber and related court fees, incurred by the Subscriber for:

      1. Defense of any legal action brought against the subscriber by a merchant, creditor or collection agency or entity acting on their behalf for non-payment of goods or services or default on a loan.
      2. Defense of or the removal of any criminal or civil judgments wrongly entered against the subscriber.
      3. Challenging the accuracy or completeness of any information in a consumer credit report.
    6. Identity Theft Reporting Time Limitation

      The identity theft event must be reported to us as soon as you become aware of it, but in no event later than 60 days after it is discovered by you.

  3. PROGRAM COVERAGE EXCLUSIONS

    • Loss due to any fraudulent, dishonest or criminal act by the subscriber or any person acting in concert with the subscriber, or immediate family subscriber, whether acting alone or in collusion with others.
    • Loss resulting directly or indirectly from errors or omissions occurring in the input of data to any computer system and/or processing of any data within a computer system.
    • Loss resulting directly or indirectly from the voluntary surrendering by the subscriber of any access device, in whole or in part, to any person or entity.
    • Loss resulting from any unintentional clerical error in the transfer from or debit of any account of the subscriber which is initiated by a financial institution, or any employee(s) thereof.
    • Loss in connection with any pre-authorized transfer from any account to or for the benefit of a financial institution, or to any other account of the subscriber.
    • Loss arising out of business pursuits of the subscriber.
    • Loss of valuable papers, valuable documents, jewelry, silverware and other personal property including the philatelic value of stamps and the numismatic value of coins not in circulation.
    • Property damage, bodily injury or personal injury.
    • Losses incurred from financial performance of any investment of financial product.

Submitting Your Reimbursement Request and Receiving Payment

If you become a victim of an Identity Theft Event, you should notify us as soon as possible. Keep track of your expenses and time spent during your normal working hours dealing with the recovery process. (You should also get and retain receipts whenever applicable) You will need to submit a Claim Form (which we will provide). We will then submit the claim form to the Claims Department on your behalf. You will receive reimbursement for your allowable expenses and lost income after your case closes.

Cancellation

If you cancel your membership within 14 days of its effective date, and prior to utilizing the recovery service, you will receive a full refund. If you cancel after 14 days there will be no refund, however, we will discontinue the billing based on whether the method of payment you selected was month-to-month or annual. Annual memberships are valid through the entire 12 month period.

Contact Us

You may contact us by telephone at 800-356-4282 extension 3541 or zanderidt@zanderins.com.

Intellectual Property Ownership

Trademarks, Copyrights and Restrictions: The Zander Identity Theft Solutions names and logos are trademarks of Zander Identity Theft Solutions. Everything you see in any promotional materials is copyrighted by Zander Identity Theft Solutions unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by Zander Identity Theft Solutions. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Zander Identity Theft Solutions information without the express, written consent of Zander Identity Theft Solutions.

Choice of Law

This Agreement shall be construed and controlled by the laws of the state of Tennessee. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the state of Tennessee.

 Indemnification

You agree to indemnify, defend and hold Zander Identity Theft Solutions and any of its affiliates and all of their agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any breach by you of these terms and conditions. In the event that either (a) you are the subject of claims for which you properly seek damages from us under these terms and conditions, or (b) we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims in clause (a) and at your expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent.

Modification

We may revise this Agreement at any time. However, we may not make any changes retroactive. We will notify you of any changes via telephone or at the e-mail address or mailing address associated with your account.  If you do not contact Zander Identity Theft Solutions and express your objection to our changes within thirty (30) days of receiving this notice, you shall be deemed a continuing use client and agree to be bound by any such revisions. If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under the Program.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of the Program to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

Miscellaneous

The terms and conditions of this Agreement may not be altered, supplemented, or amended by you. Any such attempt will be null and void, unless agreed to in writing and signed by you and Zander Identity Theft Solutions. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.

Description of Subscriber Obligations

You agree that you are only providing your own personal information and not the information of any other individual. You agree that the information you provide during the registration process and any subsequent information you provide to Zander Identity Theft Solutions will be true, accurate, and current. You are obligated to contact Zander Identity Theft Solutions member services in the event that any information you have provided Zander Identity Theft Solutions has changed.

You agree that you are eighteen (18) years of age or older.

You agree to pay us the fee we publish for our Program, less any discounts to which you may be entitled.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Limitation of Liability

IN NO EVENT WILL COMPANY OR ANY OF ITS SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: LOSS OF PRODUCTION, USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE; OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE PROGRAM. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Agreement Assent and Acknowledgement

You and Zander Identity Theft Solutions have entered into this Agreement, whether electronically, by recorded voice authorization, or via physical copy, intending to be bound by your acceptance of the Agreement. By using the Company website, you accept and agree to be bound and abide by the Zander Insurance Group Terms of Use, found at https://www.zanderins.com/terms-of-use.aspx, and Privacy Policy, found at https://www.zanderins.com/privacy.aspx, which are both incorporated herein by reference. In the event of any conflict or inconsistency between the terms and provisions of this Agreement and the Terms of Use, the terms of the Terms of Use will prevail. Notifications, or any other communications, including billing, payment, and/or disclosures will be made via the mail, telephone, or email address associated with your account. This Agreement may be printed or retained by you for future reference.

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