Class Plus 2 Information Folder and Contract Provisions - Empire Life

or, if applicable, the life of the Joint Life, provided an ExcessWithdrawal does not occur and the age eligibility requirementhas been met;“Maturity Date” shall mean the latest date that a contract may beowned. The Maturity Benefit is payable on the Maturity Date;“notice to us” shall mean notice in writing, by any electronicmeans acceptable to us, or in any other form we may approveand received by us;“notice to you” shall mean written notice sent by regular mailfrom us to you at your last known address according to ourrecords;“rules” shall mean the administrative rules and proceduresestablished for the contract by us from time to time. We maychange our rules in order to provide better service or to reflectcorporate policy as well as when required by economic andlegislative changes, including revisions to the Income Tax Actand applicable pension legislation. The operation of the contractand your rights as Contract Owner is subject to our rules andprocedures and no prior notice to you is required for a ruleor procedure, or for a change to a rule or procedure to becomeeffective;“similar fund” shall mean a Segregated Fund that hascomparable fundamental investment objectives, is in the sameinvestment fund category (in accordance with fund categoriespublished in a financial publication with broad distribution)and has the same or a lower management fee than themanagement fee of the Fund in question;“Single Tiered Lifetime Withdrawal Amount Option (“SingleTiered LWA Option”)” shall mean an option available wherewithdrawals are guaranteed for the life of the Annuitantprovided an Excess Withdrawal does not occur and the ageeligibility requirement has been met;“Successor Annuitant” shall mean the person who will becomethe Annuitant on the death of the Annuitant;“Valuation Date” shall mean each day that our Head Office isopen for business and a value is available for the underlyingassets of the Funds. Valuation of the Segregated Funds and anysecondary funds occurs at the close of business each ValuationDate. We reserve the right to value a Fund less frequently thaneach business day, subject to a minimum monthly valuationoccurring on the last business day of each month;“we”, “us”, “our”, “the Company” and “Empire Life” shallmean The Empire Life Insurance Company and, for purposesof a Tax-Free Savings Account, the issuer of the Tax-FreeSavings Account;“withdrawal fee schedule” shall mean the schedule of feesapplicable to withdrawals. The fees in effect at the time yourcontract is applied for are outlined in Section 8.2 PurchaseFee Options;“you”, “your”, and “Contract Owner” shall mean the legalowner of the contract and, for purposes of a Tax-Free SavingsAccount, the holder of the Tax-Free Savings Account.1.2 Use of your Personal Information1.2.1 Privacy StatementBy signing the Application you understand and agree that:1) Empire Life will maintain a file with the informationcontained in your Application and any related documents.The file will enable Empire Life and our employees, agentsor representatives to:a) assess the Application;b) appraise any risk;c) assess any claim that you or your beneficiaries maymake for income payments or other benefits;d) administer the file;e) answer any questions you may have about yourApplication or file in general; andf) provide you with information about your file and ourproducts and services.2) Your file will be kept at our Head Office. We may alsouse third party service providers located in or outside ofCanada to process and store your personal information. Youare entitled to consult your file and when applicable, haveit corrected. To access a copy of our most recent PrivacyPolicy you may access our web site at www.empire.ca. Toexercise your rights, you must send written notification to:Chief Privacy Officer, Empire Life, P.O. Box 1000, Kingston,Ontario, K7L 4Y4.3) We will use your personal information on a continuingbasis for the purpose of your file. If you refuse to provideconsent for this we won’t be able to assess your Applicationor claim for income payments or other benefits. Withoutyour consent we cannot issue any benefits or incomepayments. If you are permitted by law to withdrawyour consent and do so, we won’t be able to continue toadminister the contract, you nor your estate will be able toexercise any rights under the terms of the contract, and thecontract may be terminated at our discretion.1.2.2 Authorization and ConsentBy signing the Application you authorize and provide yourconsent for:1) Empire Life, our reinsurers, employees, agents andrepresentatives, and any other person authorized by you to2