Commercial Fleet Telematics Data Program Terms

PLEASE READ THESE TERMS CAREFULLY. These Terms govern your participation in the Program.

BY INDICATING YOUR ACCEPTANCE OF THESE TERMS VIA EMAIL, OR BY OTHERWISE TAKING STEPS TO PARTICIPATE IN THE PROGRAM, YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT PARTICIPATE IN THE PROGRAM.

Definitions

In these Terms:

• “Application Form” means the application form submitted to ICBC by you or on your behalf expressing your interest in participating in the Program;

• “Fleet” means five or more vehicles that meet the requirements described in the BC Insurance (Vehicle) Regulation and that are identified by a six-digit number issued by ICBC;

• "Fleetplan” means the method of calculation of the premium payable for coverage provided for a fleet.

• “Fleet Subsidiaries” means those business entities included in your Fleet that were identified for participation in the Program in your Application Form;

• “ICBC Group” means ICBC and ICBC’s directors, officers and employees, and includes ICBC’s suppliers and agents providing services in relation to the Program;

• “Losses” means claims, damages, losses, liabilities, costs and expenses;

• “Program” means ICBC’s commercial fleet telematics program that will provide ICBC with certain telematics data for a period of 6 months (unless earlier terminated in accordance with these Terms);

• “Samba Safety” means Samba Holdings Canada Inc.;

• “Standardized Data” means the aggregated, organized, de-identified and standardized data set derived from the Telematics Data that Samba Safety will provide to ICBC (as further described below).

• “Telematics Data” has the meaning given to it under the heading “Telematics Data Collected” and as further described in Schedule A;

• “Terms” means these Commercial Fleet Telematics Data Program Terms, including Schedule A;

• “TSP” means your telematics service provider; and

• “you” means the fleet operator (an individual or business entity) whose name has a Fleet number assigned to it by ICBC and who submitted the Application Form that was approved by ICBC, together with any Fleet Subsidiaries.

Acceptance

The individual accepting these Terms represents and warrants to the ICBC Group that such individual accepts these Terms on behalf of, and with the authority of, the business entity that submitted the Application Form and was accepted into the Program by ICBC, and any Fleet Subsidiaries.

Program

You have been selected to participate in the Program. ICBC has contracted with Samba Safety as the data aggregator to collect and standardize telematics data provided by you and other participants in connection with the Program.

Program Requirements

You must maintain the following for the entire duration of the Program:

• your Fleet’s participation in Fleetplan with ICBC; and

• a TSP supported by Samba Safety for the purposes of the Program.

You represent and warrant to the ICBC Group that:

• you have the power and capacity to enter into, observe, perform, and comply with these Terms;

• all information provided in the Application Form is true and correct;

• by participating in the Program, and by observing and performing your obligations under these Terms, you will not be in breach or default of any law, rules or regulations applicable to you (including applicable privacy legislation) nor will you be in breach of any agreements with third parties (including your agreements with any TSPs or with your personnel), and without limiting the generality of the foregoing, you represent and warrant to the ICBC Group that:

  • you have all the rights necessary and authority to and do grant to ICBC the rights to collect, use and disclose the Telematics Data and Standardized Data as described in these Terms, and

  • you have provided the required notices and/or obtained the consent of data subjects or others to participate in the Program and provide the Telematics Data to Samba Safety and Standardized Data to ICBC as described in these Terms, as required by applicable laws, rules and regulations.

Discount

If your Fleet includes policies that have ICBC optional Collision coverage at the time of submission of your Application Form and you provide Telematics Data for the Program, you will receive a 5% discount on the ICBC optional Collision coverage upon renewal of your Fleet term on the terms set out below. After ICBC has confirmed the data connection between your TSP and Samba Safety, the 5% discount will be applied beginning at the next renewal cycle of your Fleet term. If you have renewed any policies under your Fleet before the data connection is established, then the discount will be applied beginning at the NEXT renewal cycle of your Fleet term. The discount is applicable for the 12 month Fleet term (and no longer) for the policies included in your Fleet following successful data connection between your TSP and Samba Safety.

If your Fleet does not have any policies that include ICBC optional Collision coverage at the time of submission of the Application Form, you will not receive any discount or incentive for your participation in the Program.

Telematics Data Collected

During the Program, Samba Safety will collect various types of information from you via your TSP, including data about your vehicles and drivers’ driving behaviours, locations, speed, and other driving-related data (collectively, the "Telematics Data"). Specific data collected depends on your TSP and the information you have permitted your TSP to collect; subject to that, the Telematics Data may include, but is not limited to:

• geographic location and coordinates (i.e. identified through the GPS) - used solely for the purpose of analyzing driving behaviour

• speed of travel and average speed

• accelerometer and gyroscope data including average acceleration, deceleration and cornering

• when trips occur, including both start and stop times (date and time of day)

• amount of time travelled

• distance driven in kilometers

Samba Safety may collect personal information from you, such as driver first and last name and driver licence number, if such information is collected by your TSP. However, ICBC will not have access to any personal information collected by Samba Safety.

See Schedule A for the data points that will be collected (subject to availability and your TSP) and additional information regarding storage, security, access, and retention of the Telematics Data.

Samba Safety will use the Telematics Data to generate the Standardized Data, but ICBC has required Samba Safety to provide only Standardized Data to ICBC. Samba Safety has agreed with ICBC that it will not include any personal information (or any information that could be used by ICBC to identify individual drivers) in the Standardized Data.

You agree that you will acquire no interest in or right to any of the Telematics Data or Standardized Data. You agree that you will not receive a copy of any of the Telematics Data or Standardized Data either during or after your participation in the Program. ICBC will retain the Standardized Data after your participation in the Program ends, but any use of the Standardized Data thereafter will only be in accordance with these Terms.

ICBC and Samba Safety, as may be applicable, retain all intellectual property rights in any services made available to you in connection with the Program, and you obtain no rights or interest in any such services.

Data Usage

ICBC will use the Standardized Data to help inform future telematics-based insurance programs, improve road safety, and improve education on safe driving behaviour. ICBC may disclose the Standardized Data with researchers and educational institutions for research purposes.

Unless otherwise stated in these Terms, required by applicable law, or in accordance with any applicable regulatory requirement, direction, review or process, ICBC will not:

• disclose the Standardized Data to any person other than authorized ICBC staff, Samba Safety or its authorized sub-contractors, and then only on an as-required basis for the purposes of the Program; and

• use the Standardized Data for insurance rating (whether commercial and personal) or claims purposes.

Withdrawal from Program

You may withdraw from the Program at any time for any reason by giving ICBC notice of such withdrawal. Following receipt of such notice, ICBC will work with Samba Safety to remove you from the Program, including disconnecting connections to the TSP.

Termination of Participation and/or Program

ICBC reserves the right, in its sole discretion, for any reason and at any time, to terminate your participation in the Program or to terminate the Program entirely, in either case effective immediately upon giving notice to you.

Limitation of Liability and Indemnity

Your participation in the Program is voluntary and is solely at your own risk. ICBC disclaims all warranties, representations and covenants (express, implied or statutory) in connection with the Program, including any warranties, representations or covenants of accuracy, completeness, performance, or non-infringement. ICBC is not responsible for the security or accuracy of any information transmitted by you or your TSP to Samba Safety in connection with the Program. Your sole and exclusive remedy for dissatisfaction with the Program is to withdraw from the Program.

The total aggregate liability of the ICBC Group for any and all Losses related to the Program or to these Terms is limited to direct damages suffered by you not to exceed $100. Any action against ICBC must be brought within 12 months of that cause of action arising. In no event will any of the ICBC Group be liable to you for any indirect, incidental, special, consequential, punitive, exemplary or aggravated damages, or for any loss of revenue, savings, income, business, profit, goodwill or reputation whatsoever, based on any legal theory (including tort or negligence), and even if advised of the possibility of those damages.

You will indemnify and hold each of the ICBC Group harmless from all Losses arising from or relating to your participation in the Program or a breach of these Terms.

Amendments

ICBC may unilaterally amend these Terms at any time by updating them on ICBC’s website. The “last updated” legend below indicates when these Terms were last amended. You agree to review these Terms regularly to confirm your obligations and rights. If you continue to participate in the Program after any amendment to these Terms becomes effective, your continued participation constitutes your agreement to be bound by the amendment without limitation or qualification.

General

(a) These Terms impose obligations on you and limit ICBC’s liability. Before agreeing to these Terms, ICBC recommends that you obtain independent legal advice, and you acknowledge that you have had sufficient opportunity to do so; (b) Each notice under these Terms must be in writing, and must be delivered to the other party. Each party’s addresses for delivery of notices are as follows, unless otherwise notified by that party:

(c) These Terms, and any dispute arising in connection with or related thereto, will be governed by and interpreted according to the laws of the Province of British Columbia (“BC”) and the federal laws of Canada applicable in BC, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction; You and ICBC each attorn to the exclusive jurisdiction of the courts of BC in respect of any such dispute; (d) If any provision of these Terms is unlawful, void or unenforceable, then that provision will be deemed severed from the remaining provisions and will not affect the validity and enforceability of the remaining provisions; (e) All rights and remedies of ICBC granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination; (f) These Terms represent the entire agreement between you and ICBC with respect to the Program, and these Terms supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and ICBC with respect to the Program; (g) Failure by ICBC to insist on strict performance of any of the terms or conditions of these Terms will not operate as a waiver by ICBC of that or any subsequent default or failure of performance; (h) You may not assign these Terms without the prior written consent of ICBC. ICBC may assign these Terms without restriction; (i) These Terms will enure to the benefit of and will be binding on you and ICBC and your and its respective successors and permitted assigns; (j) Any provisions of these Terms that, by their nature, are intended to survive the termination or expiration of the Terms or the Program will survive and remain binding on both you and ICBC.

Telematics Data Collected

The specific data collected depends on your TSP and the information you have permitted your TSP to collect; subject to that, the Telematics Data may include but is not limited to the following:

Storage and Security of Telematics Data

Samba Safety has agreed with ICBC that Samba Safety will store the Telematics Data on servers located in the United States of America (Northern Virginia) unless a different location is approved by ICBC.

ICBC has required Samba Safety to use industry standard data security practices to protect the Telematics Data. Samba Safety has advised ICBC that its information security program is compliant with SOC 2 Type 2 standards (a universally recognized security framework).

Data Retention & Deletion

Samba Safety has agreed with ICBC that Samba Safety will retain the Telematics Data and the Standardized Data for two years unless otherwise directed by ICBC, following which Samba Safety will destroy all Telematics Data and Standardized Data in its possession. Unless otherwise required by applicable laws, ICBC will retain the Standardized Data in accordance with its document retention and destruction policies, after which the Standardized Data will be destroyed.

Last updated: Apr 16, 2026