Last Updated On: February 1, 2021

Thank you for your interest in the products and services offered by Privacy Systems, Inc. (“Privsy”) This Membership Plan Agreement (Agreement) provides the terms, rules, and regulations of the Membership and our products and services. By establishing a Membership Plan with Privsy, you will be taking an important step in protecting yourself from the perils associated with identity fraud. If you have any questions following your careful review of our terms provided herein, please contact customer service at Privsy by calling toll free at 1-844-4-PRIVSY  (1-844-477-4879) between 9am and 5pm pacific time, Monday through Friday.

BY ACCESSING OUR SITE, ESTABLISHING A MEMBERSHIP OR USING OUR PRODUCTS OR SERVICES, YOU INDICATE YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT AND TO THE SEPARATE AND DISTINCT TERMS AND CONDITIONS OF OUR WEBSITE. 

Definitions

Confirmation means the email or other notice that we or our subcontractors send to you once you have established your Membership with us.

Core Identity Protection means an Identity Protection Plan Membership as defined herein and may include our Basic, Family, Credit, Cyber, Gold, Platinum, Elite and/or similar Privsy programs.

Credit Solutions mean credit report(s), credit score(s) and credit monitoring related items as purchased via our website or co-branded website and as defined and provided directly or indirectly by TransUnion, LLC. Credit Solutions are available only to individuals who have established credit in the United States.

Credit Solution Membership means a Membership granting you individual rights to Credit Solutions, if available and to certain Plan Benefits as restricted to include only the Plan Benefits as described in these products and their respective summaries as provided on our website. In no event shall the Credit Solution Membership provide you the same Plan Benefits as provided under the Core Identity Protection Plan. You may establish a distinct Identity Protection Plan Membership at any time and, if secured, will be converted from the Credit Solution Membership to the Identity Protection Plan at which point you will be eligible to receive Plan Benefits as consistent therein.

Extended Family Member means a parent, grandparent, or sibling. It may also mean a spouse, domestic partner, significant other, or dependent.

Family and Friends Plan Extension means allowing the Primary Identity Protection Plan member to establish a separate and distinct individual Identity Protection Plan Membership for an Extended Family Member(s) and/or any Friend. The Primary member is intended to manage and pay for protection on behalf of his or her family and friends, which may individually have separate enrollment activation and expiration dates than that of the Primary member.

Friend(s) means allowing the Primary Identity Protection Plan member to establish a separate and distinct Identity Protection Plan Membership for a friend and/or someone they know and enroll in an Identity Protection Plan.

Identity Protection Plan means a Membership granting Plan Benefits during your Membership Term.  An Identity Protection Plan is provided to a single individual under the Individual Plan or to the primary member, their spouse or domestic partner, dependents up to and including the age of 25, and parents while living with or under the care and custody of the primary member, all as provided under the Family Plan. Other similar plan options may be provided based on plan descriptions and specific deliverables.

Incident means the unauthorized use of your name, social security number, personal identification or other means of identifying you with the intent to commit, aid, or abet any unlawful activity that constitutes a violation of Federal law or any applicable state or local law and/or as determined in our sole and absolute discretion and/or as per our Master insurance policy. All expenses resulting from an Incident(s) and arising from the same, related, continuous, or repeated acts, whether committed by one or more persons, shall be treated as arising from a single Incident, which Incident shall be deemed to have occurred at the time of the first such act, whether or not that act occurred during your Membership Term.

Member Indemnity Benefits means insurance coverage or expense reimbursement (please refer to our Members Section for your specific identity insurance Summary of Benefits, which vary by program) for certain expenses you incur following an Incident that occurs during your Membership and which is reported to us during your Membership and that is subject to the terms, conditions, definitions, exclusions, and/or limitations of your Membership and our master insurance policy(ies), as applicable. Please note that your Membership may have master insurance policy terms and conditions that differ from the above, in which case, the Master Policy provides benefits to you only if you report a stolen identity event to us as soon as you become aware of a stolen identity event, in no event later than 90 days after the stolen identity event is discovered by you and you follow the instructions given to you. You will only be covered if a stolen identity event is reported to us within 90 days of discovery. You will not be covered if the stolen identity event first occurs after termination of the master policy or termination of your membership in the Master Policyholder’s program.

Membership means your individual rights granted under your Identity Protection Plan or Credit Solution Membership, including Plan Benefits, as applicable, and including rights to access and make individual use of our Members Section and products and services including coverage as afforded under your Membership and our Member Indemnity Benefits, all during a specified Term for which the corresponding fee has been received by us. Memberships are available exclusively to residents of the United States and/or where we have the legal authority to provide you with a Membership.

Members Section means the password protected location on our website where we provide you with certain products and/or access to services.

Plan Benefits means our obligation under your Membership or the obligation of our insurer(s) under our master insurance policy(ies) to provide you during the Term of your Membership certain  products and services, including but not limited to, access to our Members Section, credit reports, non-credit alerts and monitoring tools, educational newsletters and guides, restoration and victim resolution services (VRS Elite) and/or Member Indemnity Benefits, but only as applicable to your specific Membership and as always subject to the terms and conditions of this Agreement, your Membership, and our master insurance policy(ies), as applicable.

Primary Member means the individual that has successfully registered for an Identity Protection Plan Membership and who has the authority from us to establish a Family and Friends Plan Extension.

Term means the annual twelve (12) month period beginning on the date that the Primary Member, or an entity securing protection on their behalf, registers and successfully purchases an annual Membership or the monthly period following your successful enrollment in a monthly Membership. The Term for any Family and Friends Plan Extension shall begin on the date that you register and successfully purchase the Extension(s) and end on the expiration date according to its plan. The Term may exist on a date and period separate from the Term of the Primary Member. A new Term is established following the successful renewal of any expiring Term.

Upgrades mean a qualified increase in the level of Member Indemnity Benefits that may occur during your Membership Term that differ from the benefits provided on the date of your initial enrollment. Upgrades shall only apply to Incidents that occur following an Upgrade.

We, us, and our means Privacy Systems, Inc.

You, your, and yours means the individual who is identified by us as having a Membership.

Our Obligations To You

Following your successful registration and payment of the annual or monthly Membership fee, our obligation to you begins by sending you a Confirmation that your Membership is in force, preparing a Certificate of Insurance for you, and protecting your information consistent with our privacy and security policies. During the Term of your Membership, we are obligated to provide you with our Plan Benefits and Family and Friends Plan Extensions subject to the terms and conditions of this Agreement and subject to the terms, conditions, definitions, exclusions, and/or limitations of our master insurance policy(ies).

Our obligations and Membership(s) are limited to Members domiciled in the United States and/or territories where we have legal authority to provide you with a Membership. In the event this Agreement and/or the obligations provided for herein differ from information or material in our website, this Agreement shall prevail over any conflict, discrepancy or inconsistency.

As every instance of data theft or identity theft presents its own special facts and circumstances, we cannot guarantee a successful outcome to every instance of data theft and/or identity theft that may result in damage and loss to you.  There may be some situations and instances where we are unable to further assist you and there may be some instances where we may not be able to represent you, and therefore we reserve the right to refer you to the appropriate governmental agency, Law enforcement agency or other appropriate professionals we deem appropriate to address the specific issues of identity theft unique to your specific situation.

Our obligation to you shall cease at the time you cancel or non-renew your Membership or at the time we cancel or non-renew your Membership. IF WE CANCEL YOUR MEMBERSHIP, WE SHALL PROVIDE YOU WITH A PRO-RATA REFUND FOR THE DAILY PERIOD REMAINING ON YOUR MEMBERSHIP AND SUBTRACT ANY AMOUNTS THAT ARE ALLOCATED TO SINGLE USE SOLUTIONS AND/OR CREDIT SOLUTIONS (I.E. A CREDIT REPORT). IF YOU CANCEL YOUR MEMBERSHIP, YOU WILL NOT BE ELIGIBLE FOR A REFUND IF YOU PURCHASED AN ANNUAL MEMBERSHIP AND WE WILL DE-ACTIVATE YOUR ACCOUNT AND YOU WILL NOT BE BILLED ANY FURTHER FEES ON THE ANNIVERSARY OF YOUR MEMBERSHIP. IF YOU CANCEL YOUR MEMBERSHIP AND YOU PURCHASED A MONTHLY MEMBERSHIP, WE WILL IMMEDIATELY CHARGE YOUR CREDIT CARD FOR ANY REMAINING MINIMUM MONTHLY CHARGES YOU ARE OBLIGATED TO PAY (I.E, MONTHLY MEMBERSHIPS HAVE A 3 MONTH MINIMUM CHARGE) AND THEN WE WILL DE-ACTIVATE YOUR ACCOUNT AND YOU WILL NOT BE BILLED FOR ANY ADDITIONAL MONTHS.  WE MAY ALSO CHARGE A TRANSACTION AND CANCELLATION PROCESSING FEE IN THE AMOUNT OF $15.00. YOU MAY ONLY CANCEL YOUR MEMBERSHIP BY CALLING US AT  1-844-4-PRIVSY (1-844-477-4879).

Items For Which We Are Not Obligated To You

We and/or our insurer(s) are not obligated:

• To provide you with Member Indemnity Benefits in excess of the corresponding annual coverage limit provided in your Membership and/or per terms and conditions that differ from that provided in our master insurance policy(ies).
• To provide you with Plan Benefits in the event of Force Majeure, acts of God, war, or other similar events or if we are temporarily upgrading or repairing our website that restrict our ability to provide you with Plan Benefits.
• To maintain or renew your Membership. At any point and in our sole and absolute discretion, we may cancel or not renew your Membership by sending you an email notice or letter, at the email and/or physical address we have on record, thirty (30) days prior to your Membership cancellation or non-renewal.
• To provide you with Plan Benefits for Incidents that occur prior to your current Membership activation date or which are reported to us or our insurer(s) following the termination, cancellation, or non-renewal of your Membership.
• To provide you with Plan Benefits following your cancellation or request to cancel your Membership.
• To provide you with Plan Benefits if you dispute authorized credit card charges, which may be based on the non-delivery and/or quality of our goods or services.
• To provide you with Plan Benefits for costs, losses, or damages arising out of any business pursuits.
• To provide you with any reimbursement for any costs, losses or damages other than those provided in the Plan Benefits.

Except as otherwise provided for in this Agreement, we shall have no right to cancel, change, or otherwise amend the Plan Benefits available to you following your notice to us of a claim or Incident provided you have met with all of the terms and conditions of your Membership.

Your Obligations

In order to establish a Membership and receive Plan Benefits, you must adhere to the following obligations:

• Provide your voluntary consent to this electronic transaction and to the provision of our products and/or services in electronic form, which consent may be required pursuant to your state law.
• Provide accurate information while enrolling for a Membership and not impersonate another person. 
• Update your Membership contact details in our Members Section as soon as practicable following a change of address, email, or telephone number.
• Use the Plan Benefits for your individual purpose and not share or otherwise copy or distribute any material, products, or content made available to you. Any violation may be deemed a breach of contract and/or violation of US Copyright laws with applicable penalties.
• Upon learning of an Incident that could give rise to expenses under the Plan Benefits, notification must be made to us or our Insurer by you as soon as practicable. In addition, actual notice provisions maintained in our master insurance policy(ies) will vary based on the type of Membership and may further restrict coverage and you must provide notice pursuant to such terms to receive Plan Benefits. Specifically, your notice for any Incident must be made to us and/or our insurer(s) within 90 days of your first discovery of the incident and prior to the cancellation or non-renewal of your Membership.
• Promptly file a report with the police if an Incident has occurred and if anyone would reasonably believe that a violation of the law may have occurred.
• Keep records, receipts, books, evidence and other documents in such a manner that will allow us or our Insurer to accurately determine the amount of any expenses or loss covered hereunder. Maintenance and production of such records is a condition precedent to receiving Plan Benefits.
• Sign a sworn proof of loss statement, or affidavit, containing information we or our Insurer may request, including copies of receipts or other evidence relating to expenses.
• Permit us or our Insurer to question you under oath about any matter relating to your Membership at such times as may be reasonably requested and shall allow for the investigation and/or inspection of your records.
• Cooperate with us or our insurer in the investigation of any loss and help us enforce any legal rights you, we or our insurer may have against anyone who may be liable to you, us, or our insurer.
• At our request, attend legal proceedings, including depositions, hearings, or trials and obtain the attendance of witnesses with respect to any matter relating to your Incident and this Membership.
• Take reasonable steps to reduce costs and expenses arising from or relating to an Incident and do not prejudice any of our insurer’s rights to recovery and do not admit to any liability. If you admit to liability in connection with an Incident, such admission shall be at your own expense and no Plan Benefits shall be afforded arising from or relating to such Incident.
• Understand and agree that by engaging a Membership and/or clicking on the “I ACCEPT” button , you are providing “written instructions” to Privsy  and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other resellers and credit reporting agencies (including, without limitation, TransUnion, Experian, Equifax or any affiliates or authorized agents or distributors of such companies)  under the Fair Credit Reporting Act (FCRA), as amended, to access (a) your credit files from each national credit reporting agency and to exchange information about you with each such credit reporting agency in order to verify your identity and to provide the products and/or services to you and (b) other non-credit related information and provide monitoring and alerts with respect thereto.  You agree and hereby authorize Privsy,  its agents, employees and third-party data sources and suppliers, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time.  You waive any and all claims against Identity Fraud, Inc. and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information.  Your further authorize Identity Fraud, Inc. and its agents, employees and third-party data sources and suppliers to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services.
• Understand and agree that while enrolling in a Membership and to obtain the products and/or services provided therein, we will, depending on your Membership plan ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number).  This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or others.

Changes to This Agreement

We reserve the right in our sole and absolute discretion to make changes to this Agreement, to modify, alter, or otherwise amend this Agreement, your Membership or the Plan Benefits to which this Agreement applies including the annual fee. We shall notify you at least thirty (30) days prior to implementing any adverse material changes via the email address we have on record for you. Any changes shall be incorporated into this Agreement and shall be effective immediately upon our posting or publication. However, any change to this Agreement made subsequent to your notice to us of a claim or Incident shall not affect your rights to Plan Benefits that existed at the time of your notice to us provided you have met with all of the terms and conditions of your Membership.

Additional Terms and Conditions

To ensure uninterrupted service and upon the expiration of your current Term, we will automatically charge your credit card on file on the anniversary of your annual Membership at the then current fee for Annual Membership unless you have called our Customer Service number 1-844-4-PRIVSY (1-844-477-4879)  and cancelled your Membership. Monthly Memberships will automatically be charged to the credit card on file unless you have called our Customer Service number 1-844-4-PRIVSY (1-844-477-4879)  and cancelled your monthly Membership. In the event your credit card charge is not authorized or otherwise is ineffective in remitting payment, the Membership to which payment applies will automatically lapse or will not be in effect. We may attempt to notify you of any transaction failure and provide you the opportunity to provide an alternative credit card or method of payment, however, should we fail to notify you and if we have not received any payment for your continued Membership, your Membership may cease and we are and shall not be responsible to provide you with a Membership or Plan Benefits.

In the event that your Membership was purchased on your behalf by an employer, financial institution or other entity, your Membership is subject to the continued receipt of payment by us from such entity for your Membership. In the event such entity terminates or fails to make payment for your Membership, your Membership shall cease upon its expiration or renewal date. Although we may endeavor to notify you of the potential termination of your Membership as availed by such entity, we shall not be responsible for providing you any Plan Benefits following termination.

Limitation of Liability

Privacy Systems, Inc. cannot guarantee that you will not become a victim of identity fraud or otherwise experience an Incident or loss or damages as a result of identity or data theft. The potential exposures to identity fraud and theft are numerous and various and neither Privacy Systems, Inc.  nor the Plan Benefits can address all types of exposures. We further cannot guarantee that we will be successful in resolving your Incident to your complete satisfaction, or to an objectively reasonable conclusion.

PRIVACY SYSTEMS, INC.  AND ITS THIRD-PARTY DATA SOURCES AND SUPPLIERS PROVIDE THE MEMBERSHIP AND PLAN BENEFITS TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PRIVACY SYSTEMS, INC.  NOR ITS AFFILIATES OR THIRD-PARTY DATA SOURCES OR SUPPLIERS (INCLUDING, WITHOUT LIMITATION, ANY CREDIT REPORTING AGENCY OR RESELLERS) MAKES ANY REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PLAN BENEFITS, PRODUCTS OR SERVICES AVAILABLE WILL BE ERROR-FREE. I BY USING THE MEMBERSHIP, PLAN BENEFITS, PRODUCTS AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NEITHER PRIVACY SYSTEMS, INC.  NOR ITS AFFILIATES OR THIRD-PARTY DATA SOURCES OR SUPPLIERS (INCLUDING, WITHOUT LIMITATION, ANY CREDIT REPORTING AGENCY OR RESELLER) 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 OR USE OF THE MEMBERSHIP, PLAN BENEFITS, PRODUCT OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

Applicable Law

The laws applicable to the interpretation of this Agreement, its terms and conditions shall be the laws of the State of Nevada, USA. Individuals who choose to access this Site or a Membership from outside the United States do so on their own initiative and we are not responsible for compliance with local laws that may be applicable to you in your jurisdiction. You agree that any and all disputes arising under this Agreement or out of our provision of services to you, if submitted to a court of law, shall be adjudicated in The Superior Court In and for the County of Washoe, State of Nevada, USA.

This Agreement was last updated on: February 1, 2021