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Telematics Terms and Conditions of Use

Updated November 18, 2024

This Agreement contains important information about ܽƵ Auto’s telematics program. Please read this carefully and save with your policy information. ܽƵ Auto reserves the right to modify these Terms and Conditions of Use at any time. Notice will be provided to you either by email or through the app. Your continued use of the app after notice of changes will constitute your acceptance of those changes. BY INSTALLING OR USING THE TELEMATICS MOBILE APPLICATION OR OTHERWISE CONFIRMING YOUR ENROLLMENT IN THE TELEMATICS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF THE PROGRAM IN THEIR ENTIRETY.

DEFINITIONS

The following terms are defined and apply to this agreement only.

  1. You and your refer to all drivers enrolled in the program.   
  2. Named Insured means the individual or individuals listed as Named Insured on the declarations page.
  3. Program means the telematics program.
  4. App means the mobile application.

OVERVIEW

The program assists our policyholders to better understand their driving behavior, develop safe driving habits, and improve safety. By enrolling in the program, you voluntarily opt in to sharing your information while driving. The program gathers data using the app.

ENROLLMENT AND PARTICIPATION

Your participation in the program is expressly conditioned on your acceptance of these terms and conditions. Participation in the program is strictly voluntary. You may choose to stop your participation at any time. Your continued use of any ܽƵ mobile app, or other technology capable of collecting the necessary data points, indicates your acceptance of the program terms and conditions, as may be updated from time to time without prior notice by ܽƵ Auto.

  1. You must complete the following within 30 days of enrollment in the program on an active policy:    
    a. Provide a unique mobile phone number for the named insured and other listed drivers as required;  
    b. Install and begin using the app;    
    c. Enable location services and motion permissions to ensure the app functions properly.   
  2. Additionally, to continue to participate in the program, even when you are not actively driving, you must:    
    1. Keep the app on and running in the background on an eligible smart phone, with location services and motion permissions turned on until the minimum logging requirement is met;
    2. Maintain your insurance coverage with ܽƵ Auto for the duration of the program;
    3. Notify ܽƵ Auto of any changes that may affect your policy;
    4. Meet all other terms and conditions of the policy; and
    5. Adhere to the Terms and Conditions of Use of the program.

Failure to satisfy these requirements may result in disqualification from the program and loss of any applicable discounts. You acknowledge and agree that you are authorized by the registered owner(s) of the applicable vehicle to collect and transmit data captured by the app. You also acknowledge and agree that you are authorized to collect vehicle usage data while other individuals operate or ride in the same vehicle as you.

DATA COLLECTION

By enrolling and participating in the program, you agree and permit ܽƵ Auto to gather, retain, and use information that may include:

  1. Your email address(es)
  2. Your mobile phone number(s)
  3. Information provided to ܽƵ Auto in the policy application
  4. The app may collect information that includes but is not limited to the following as you drive, or occupy a vehicle when a trip is in progress:   
    a. Location and Distance, using GPS location services    
    b. Mobile device usage while driving    
    c. Mobile device ID    
    d. Mobile device model and carrier information    
    e. Cornering    
    f. Braking    
    g. Date and time of day    
    h. Smoothness    
    i. Speed    
    j. Acceleration    
    k. Deceleration    
    l. VIN
  5. App performance and analytics information.
  6. The app may collect mobile phone information including but not limited to Wi-Fi status, phone state information, activity or motion and fitness data, whether the phone is connected to a Bluetooth® device or number of nearby Bluetooth® devices detected, and other technical information about your mobile phone, system and application software, and peripherals.

How We Use the Information Collected:    

The information gathered and stored from the app, or in connection with the program, is used to help you develop safe driving habits and improve safety, and by ܽƵ Auto as further described in the sections below (Provide Services To You, Policy Rating, Underwriting, Claims, Research and Development). 

PROVIDE SERVICES TO YOU

To help develop safe driving habits, the app may provide you with trip details which can include your driving patterns and behaviors, safe driving steaks, tips on how to reduce driving risk, rewards for achieving safe driving milestones and leaderboards to compare your driving behavior against others.

POLICY RATING

Your participation in the program may entitle you to a discount. Requirements for discount eligibility may vary by state program. We will provide you with these requirements after you enroll in the program.

You as the named insured may opt out of the program at any time and the discount may be removed. 

We may use driving behavior data from the app in the rating of your policy. Should we obtain approval for such use by your State Department of Insurance, we will provide you with notice of when we have used your driving behavior data in the rating of your renewal policy.

An initial participation discount is applied when a named insured enrolls in the program. If you fail to activate the app within 6 days of enrolling, the participation discount will be removed from your policy. After removal of the discount, you will have up to the 30th day after initial enrollment to activate the app, at which time the discount will be re-applied to the policy term premium going forward. Provided you continue to use the app until the minimum logging requirement is met, the discount will remain on the policy throughout the policy term. The named insured may opt out of the program at any time and the discount will be removed.

UNDERWRITING

Data gathered or collected from the app, or in connection with the program, may be used for underwriting purposes. This could include verification of information provided by you or with your consent.  

CLAIMS

Data gathered or collected from the app, or in connection with the program, for each enrolled driver may be used for claim purposes. ܽƵ Auto, at its discretion, may review and use this data as part of its investigation of an automobile accident. This may include, without limitation: detecting whether an automobile incident or accident may have occurred; offering assistance to you at the scene; validating the circumstances of an incident or accident such as date, time and location of loss; making liability and coverage determinations; conducting investigations of policy and/or claims fraud and material misrepresentations; and using for any potential subrogation or litigation involving a claim. 

RESEARCH AND DEVELOPMENT  

The following are examples of how ܽƵ Auto may use information gathered from the app:  

  1. To improve the prices we charge for insurance,
  2. To improve our underwriting criteria and processes,  
  3. To develop new insurance products and services that will encourage safe driving,  
  4. To evaluate risk and analyze your driving habits,  
  5. To provide to state insurance departments, on an aggregate and anonymized basis, in support of ܽƵ Auto’s rates and filed underwriting guidelines, and  
  6. To develop and improve the app. 

DISCLAIMERS, WARRANTIES, AND EXCLUSIONS

  1. We reserve the right to amend, waive, modify, or supplement the terms of the program at any time for any reason without prior notice to you.  
  2. We may terminate your participation in the program at any time for any reason.  
  3. We may take adverse action against your policy for fraudulent use or other misuse of the app.  
  4. ܽƵ Auto expressly disclaims, waives, releases and renounces any warranties, express or implied, including any warranties of merchantability, infringement, or fitness for a particular purpose.  
  5. We shall not be liable for any special, incidental, consequential, exemplary, or punitive damages including damages for bodily injury or damage to other vehicles or property arising out of or related to the app or its use.  
  6. You agree that ܽƵ Auto’s total liability for damages caused by the app shall not exceed fifty dollars ($50). If the app impedes driving functions, you agree to stop use of the app and contact ܽƵ Auto.

PRIVACY

Protecting your privacy is very important to us. Customers like you have trusted us with their insurance needs, and we take our obligation to safeguard and secure your personal information very seriously. Along with our technology partners, we follow commercially reasonable data security and privacy protocols to protect your information. 

The information gathered from the app or in connection with the program may be disclosed or shared by ܽƵ Auto with its affiliates or third parties to service your insurance policy, perform research, detect or prevent fraud, or as required or permitted by law. Additionally, information from the app may be sought by third parties, such as opposing parties in a civil lawsuit, police when investigating the cause of an accident, certain regulatory bodies such as departments of insurance, or other insurers for subrogation purposes involving a claim. Therefore, ܽƵ Auto may be required to provide such information in response to a legally valid request, subpoena, or as otherwise required by law.

We will not use, share or disclose information except as described herein and as described in the ܽƵ Privacy Policy, which can be accessed at: /privacy-policy.

SMS TERMS

By enrolling in the program, you agree to receive SMS messages from ܽƵ Auto concerning its telematics program. SMS messages will be used to enable initial login and provide occasional reminders and information concerning the program.

Further, the named insured affirms they have permission from all listed drivers on the policy to provide their mobile numbers to ܽƵ Auto for the purpose of receiving SMS messages to register for the program and set up the app.

  1. Message and data rates may apply for any message sent to you from us and to us from you. You will receive occasional messages from us, with no more than 10 messages per policy period expected. 
  2. You can cancel the SMS service at any time by replying “STOP” to the short code. After you send the SMS message “STOP”, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive messages from us. If you want to join again, you will have to contact ܽƵ.
  3. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance. 
  4. Mobile carriers and ܽƵ are not liable for delayed or undelivered messages.
  5. For any questions regarding privacy, please see the PRIVACY section of these terms. 

ACCEPTANCE AND CONSENT

By enrolling in the program and installing the app:   

  1. You accept this agreement and the Terms of Condition and Use of the app.
  2. The named insured agrees that they have the consent of each driver listed on the policy and that information gathered through the app, including GPS location information if applicable, will be provided to us.
  3. You permit us to retain and use the information as described above and according to legal requirements for data retention. 
  4. You agree that you will not tamper with, modify, alter, change, disassemble, reverse engineer, copy, or duplicate in any manner the app or any other technology used to collect driver data. If it is determined that the app or technology has been tampered with, modified, altered, changed, disassembled, reverse engineered, copied, or duplicated in any manner by you, you will be removed from the program and may be denied future participation in any other ܽƵ Auto program or offering. You also may be subject to legal action.