PrivacyGuard

For all members other than residents of the state of New York; residents of the state of New York should refer to the Certificate of Insurance following this Evidence of Coverage.

Identity Theft Insurance
Evidence of Coverage
Virginia Surety Company, Inc.
175 W. Jackson Blvd., Chicago, IL 60604

A. DEFINITIONS

Throughout this document, "You" and "Your" refer to the person who is a member in good standing in PrivacyGuard as defined by the terms and conditions for PrivacyGuard. Membership must not have expired or been canceled by You or PrivacyGuard. "We", "Us", and "VSC" refer to Virginia Surety Company, Inc. In addition, when in bold certain words and phrases are defined as follows:

Administrator means TWG Innovative Solutions, Inc. You may contact them if you have questions regarding this coverage or would like to make a claim. They can be reached by phone at 1-800-453-5027.

Coverage Period means the period starting on the Membership Effective Date. Coverage will continue as determined by the payment schedule/plan for as long as You are a member in good standing. (This standing is defined by the terms and conditions for PrivacyGuard.) Coverage will stop if You or PrivacyGuard cancel Your membership in PrivacyGuard.

Evidence of Coverage (EOC) means this document. It describes the terms, conditions, and exclusions of Your coverage. The EOC is the entire agreement between You and Us. Representations or promises made by anyone that are not contained in this EOC are not a part of Your coverage.

Identity Theft means the use of Your name, address, Social Security number (SSN), bank or credit card account number, or other identifying information without Your knowledge to commit fraud or other crimes.

Identity Theft Expenses means the following when incurred as a direct result of Identity Theft:

Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against You by merchants, financial institutions or other credit grantors, or their collection agencies, or the removal of any criminal or civil judgment wrongly entered against You as a result of Identity Theft;
Lost Wages: Actual U.S. wages or salary You lose as a direct result of time off work taken by You to report or address the effects of Identity Theft;
Miscellaneous: Loan applications fees, long distance telephone costs, mailing and postage costs, and costs of having affidavits or other documents notarized as a result of Identity Theft. Costs to purchase up to four (4) credit reports from any of the three major credit bureaus (Experian, Equifax, or TransUnion). The credit reports may be purchased only after the Identity Theft has occurred and for the purpose of correcting inaccuracies that occur as a result of Identity Theft.

Membership Effective Date means the date You enroll as a member in PrivacyGuard.

B. COVERAGE AGREEMENT

We will reimburse You for Identity Theft Expenses You incur as a result of an Identity Theft incident that occurs or was first known to You during the Coverage Period.

Coverage is secondary to any other applicable insurance or coverage available to You.

This EOC is not transferable to another person or entity.

C. LIMITATIONS

Coverage is limited to Your actual Identity Theft Expenses, not to exceed a total of $10,000.

Coverage is further limited to:
- $500 per week, for up to four (4) weeks for Lost Wages.

There is a limit of one (1) Identity Theft incident per twelve (12) month period.

D. EXCLUSIONS

Coverage does not apply to:

Any Identity Theft Expense not listed in Section A - Definitions;
Any act of theft, deceit, collusion, dishonesty or criminal act by You or any person acting in concert with You, or by any authorized representative of You, whether acting alone or in collusion with You or others;
Damages or losses arising from the theft or unauthorized or illegal use of Your business name, d/b/a/ or any other method of identifying Your business activity;
Any lost wages due to sickness or emotional breakdown;
Damages or losses of any type for which the credit card company, bank, creditor, etc. is legally liable;
Identity Theft Expenses that were incurred or commenced from a known Identity Theft incident that occurred prior to the Coverage Period;
Damages or losses of any type resulting from fraudulent charges or withdrawal of cash from a debit or credit card or financial/bank/investment account;
Any incident involving a loss or potential loss not notified to the relevant police authority within seventy-two (72) hours from the date You had knowledge of the loss;
Fees or costs associated with the use of any investigative agencies or private investigators.

E. WHAT TO DO IF YOU ARE A VICTIM OF IDENTITY THEFT

Contact Affinion Benefits Group, LLC, 400 Duke Drive, Franklin, TN, 37067 at 866-622-5205 for assistance upon discovery of Your Identity Theft problem.
Notify the Administrator within ten (10) days of discovery of Your Identity Theft problem.
Notify the police in Your local jurisdiction within seventy-two (72) hours from the date You had knowledge of the Identity Theft loss. Obtain a copy of the police report.

F. HOW TO FILE A CLAIM

To file a claim, You must contact the Administrator by phone within six (6) months of the date of the Identity Theft. Otherwise, the claim may be denied.

A claim form will be sent to You. The fully completed claim form must be returned to the Administrator at 13922 Denver West Parkway, Golden, CO 80401 with:

Completed and signed claim form.
Proof that a fraud alert was placed with each major credit bureau (Experian, Equifax, TransUnion, etc.) immediately after discovery of Identity Theft;
Copy of the complaint filed with the Federal Trade Commission (FTC);
Copy of settlement reached by each party (creditors, collection agency, banks, etc.) involved with Your Identity Theft incident;
Copy of a police report from Your local jurisdiction;
Copy of all receipts, bills or other records that support the Identity Theft Expenses incurred by You;
Any other documentation that may be reasonably requested to validate a claim.

All these required items, including the claim form, must be postmarked within sixty (60) days of the date of the loss. Otherwise, the claim may be denied.

G. GENERAL PROVISIONS

Coverage is provided under a Group Policy issued by VSC. This EOC is a summary of benefits provided to You.

Cancellation and Non-Renewal. Affinion Group Insurance Trust or VSC can cancel this coverage or choose not to renew this coverage upon the expiration of coverage. If this happens, the policyholder will notify You at least sixty (60) days in advance of the expiration of this coverage. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by the same insurer. If the Group Policy for this EOC is canceled or non-renewed by either Affinion Group Insurance Trust or VSC, the coverage benefits will continue to be in force for the period for which premium has already been paid to VSC.

Claims. Benefits payable under this EOC for any Identity Theft Expenses will be paid upon receipt of due proof of the Identity Theft and all required information necessary to support the claim.

Misrepresentation and Fraud. Coverage for You may be cancelled if You have concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interest of You therein. Coverage may also be cancelled if You commit fraud or false swearing in connection with any of the above.

Other Insurance. Coverage is secondary to any other applicable insurance or indemnity available to You. Coverage is limited to only those amounts not covered by any other insurance or indemnity. It is subject to the conditions, limitations, and exclusions described in this document. In no event will this coverage apply as contributing insurance. This Other Insurance clause will take precedence over a similar clause found in other insurance or indemnity language.

Legal Actions. No action at law or in equity shall be brought to recover under this EOC prior to the expiration of sixty (60) days after proof of the Identity Theft has been furnished in accordance with the requirements of this coverage.

Subrogation. If payment is made under this EOC, We are entitled to recover such amounts from other parties or persons. You must transfer to Us Your rights to recovery against any other party or person. You must also do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from You.

Dispute Resolution. Identity Theft Expense Reimbursement benefits are subject to the terms and conditions outlined and include certain restrictions, limitations, and exclusions. In the event of any conflict between this EOC and the Group Policy, the Group Policy will govern. The Group Policy is on file at the offices of the Administrator. This EOC shall be interpreted and enforced according to the laws of the state of Delaware.

For Montana Residents: The following statement has been added: The provisions of this EOC conform to the minimum requirements of the Montana law and control over any conflicting statutes of any state in which You reside in, on or after the effective date of this coverage.

ID-MEM-EOC (12.07)

For New York Residents Only

Virginia Surety Company, Inc.
175 W. Jackson Blvd., Chicago, IL 60604

Identity Theft Insurance
Certificate of Insurance

Coverage under this COI and the attached General Provisions are provided under a Group Policy issued to Affinion Group Insurance Trust, the Policyholder, by Virginia Surety Company, Inc. This COI and the attached General Provisions are governed by the conditions, limitations, and exclusions of the Group Policy.

A. DEFINITIONS

Throughout this document, You and Your refer to the person who is a member in the Program. Membership must not have expired or been canceled by You or the Program. We, Us, Our, and VSC refer to Virginia Surety Company, Inc. In addition, when in bold certain words and phrases are defined as follows:

Administrator means TWG Innovative Solutions, Inc. You may contact the Administrator if You have questions regarding this coverage or would like to make a claim. The Administrator can be reached by phone at 800-453-5027.

Certificate of Insurance (COI) means this document and the attached General Provisions. They describe the terms, conditions, and exclusions of Your coverage. The COI and the attached General Provisions are the entire agreement between You and Us. Representations or promises made by anyone that are not contained in this COI or the attached General Provisions are not a part of Your coverage.

Coverage Period means the period starting on the Membership Effective Date and will continue for the term of your membership in the Program, unless non-renewed or cancelled.

Identity Theft Expenses mean the following:

Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against You by merchants, financial institutions or other credit grantors, or their collection agencies, or the removal of any criminal or civil judgment wrongly entered against You as a result of Identity Theft;
Lost Wages: Actual U.S. wages or salary You lose as a direct result of time off work taken by You to report or address the effects of Identity Theft;
Miscellaneous: Loan applications fees, long distance telephone costs, mailing and postage costs, and costs of having affidavits or other documents notarized as a result of Identity Theft. Costs to purchase up to four (4) credit reports from any of the three major credit bureaus (Experian, Equifax, or TransUnion). The credit reports may be purchased only after the Identity Theft has occurred and for the purpose of correcting inaccuracies that occur as a result of Identity Theft.

Membership Effective Date means the date You enroll as a member in the Program or upon receipt of payment of Your initial membership dues as per the membership terms and conditions for the Program, whichever occurs first.

Program means PrivacyGuard.

B. COVERAGE AGREEMENT

We will reimburse You for Identity Theft Expenses incurred as a result of an Identity Theft incident that occurs or was first known to You during the Coverage Period.

This COI is not transferable to another person or entity.

C. LIMITATIONS

Coverage is limited to the actual Identity Theft Expenses, not to exceed a total of $10,000.

Coverage is further limited to $500 per week, for up to four (4) weeks for Lost Wages.

There is a limit of one (1) Identity Theft incident(s) per twelve (12) month period.

D. EXCLUSIONS

Coverage does not apply to:

Any Identity Theft Expense not listed in Section A - Definitions.
Any act of theft, deceit, collusion, dishonesty, or criminal act by You or any person acting in concert with You, or by any authorized representative of You, whether acting alone or in collusion with You or others.
Damages or losses arising from the theft or unauthorized or illegal use of a business name, d/b/a/ or any other method of identifying a business activity.
Any lost wages due to sickness or emotional breakdown.
Damages or losses of any type for which the credit card company, bank, creditor, etc. is legally liable.
Identity Theft Expenses that were incurred or commenced from a known Identity Theft incident that occurred prior to the Coverage Period.
Damages or losses of any type resulting from fraudulent charges or withdrawal of cash from a debit or credit card or financial/bank/investment account.
Any incident involving a loss or potential loss not notified to the police within seventy-two (72) hours from the date You had knowledge of the loss.
Fees or costs associated with the use of any investigative agencies or private investigators.

E. WHAT TO DO IF YOU ARE A VICTIM OF IDENTITY THEFT

Contact Affinion Benefits Group, LLC, 400 Duke Drive, Franklin, TN, 37067 at 866-622-5205 for assistance upon discovery of the Identity Theft problem.
Notify the police within seventy-two (72) hours from the date You had knowledge of the Identity Theft loss. Obtain a copy of the police report.

F. HOW TO FILE A CLAIM

Call the Administrator at 800-453-5027 to request a claim form. You must report the claim within ninety (90) days of the Identity Theft or as soon as reasonably possible.

The following required items must be sent to the Administrator at 13922 Denver West Parkway, Golden, CO, 80401 and be postmarked within one-hundred and eighty (180) days of Identity Theft or as soon as reasonably possible:

The fully completed claim form.
Proof that a fraud alert was placed with each major credit bureau (Experian, Equifax, TransUnion, etc.) immediately after discovery of Identity Theft.
Copy of the complaint filed with the Federal Trade Commission (FTC).
Copy of settlement reached by each party (creditors, collection agency, banks, etc.) involved with Your Identity Theft incident.
Copy of the police report.
Copy of all receipts, bills or other records that support the Identity Theft Expenses incurred.
Any other documents that the Administrator may reasonably request to validate a claim.

ID-MEMI-COI (9.08)

Virginia Surety Company, Inc.
175 W. Jackson Blvd., Chicago, IL 60604

General Provisions

This General Provisions is attached to the COI and is provided under a Group Policy issued to Affinion Group Insurance Trust, the Policyholder, by Virginia Surety Company, Inc. Program benefits are subject to the terms and conditions outlined in the COI and include certain restrictions, limitations, and exclusions. In the event of any conflict between the COI and the Group Policy, the Group Policy will govern. The Group Policy is on file at the offices of the Administrator. The COI shall be interpreted and enforced according to the laws of the state of Illinois.

Cancellation and Non-Renewal:

Coverage can be cancelled by Us or Our designated representative for the following reasons:
1. Non payment of premium;
2. Misrepresentation and Fraud (see below);
3. The Department of Insurance determines that the COI would result in a violation of their law.
If we cancel coverage, the Policyholder will send You written notification at least ten (10) days in advance of cancellation for non-payment of premium and at least sixty (60) days in advance of cancellation for any other reason.
Coverage can be cancelled by the Policyholder at any time. If this happens, the Policyholder will send You written notification at least sixty (60) days in advance of the expiration of this coverage. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by VSC. Coverage will continue to be in force for the period for which premium has already been paid to VSC.
Coverage can be non-renewed by Us. The Policyholder will send You written notification at least thirty (30) days in advance of the expiration of coverage.

Claims: Benefits payable under the COI for any loss will be paid upon receipt of due proof of loss and all required information necessary to support the claim.

All benefits will be payable to You or, in the case of death, to Your estate. No person or entity other than You shall have any legal or equitable right, remedy or claim of insurance proceeds or damages under or arising out of this coverage.

Dispute Resolution – Arbitration: The COI requires binding arbitration if there is an unresolved dispute between You and VSC concerning the COI. Under this Arbitration provision, You give up your right to resolve any dispute arising from the COI by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three (3) arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.

To start arbitration, either You or VSC must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the loss occurred or the dispute arose. You and VSC will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and VSC. Unless otherwise agreed to by You and VSC, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under the COI. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to the COI and all transactions contemplated by the COI, including, without limitation, the validity, interpretation, construction, performance and enforcement of the COI.

Legal Actions: No action at law or in equity shall be brought to recover under the COI prior to the expiration of sixty (60) days after proof of loss has been furnished in accordance with the requirements of this coverage.

Misrepresentation and Fraud: Coverage may be cancelled if, whether before or after a loss, any party or person whom coverage is provided has concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interests therein. Coverage may also be cancelled if fraudulent or false statements are committed while swearing in connection with any of the above.

Other Insurance: Coverage is secondary to any other applicable insurance or indemnity available to any party or person whom coverage is provided. Coverage is limited to only those amounts not covered by any other insurance or indemnity. In no event will this coverage apply as contributing insurance. This Other Insurance clause will take precedence over a similar clause found in other insurance or indemnity language.

Subrogation: If payment is made under the COI, We are entitled to recover such amounts from other parties or persons. Any party or person to or for whom We make payment must transfer to Us his or her rights to recovery against any other party or person and must do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from that person.

GP-MPC-COI (9.08)

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