Mobile Application End User License Agreement and Data Processing Consent
PLEASE READ THESE TERMS CAREFULLY
ACCEPTING THESE LICENCE TERMS WILL BIND YOU:
IF YOU DO NOT AGREE TO THESE LICENCE TERMS, DO NOT CLICK THE ACCEPTANCE BOX ON THE REGISTRATION SCREEN.
CONSENTING TO THE PROCESSING OF YOUR PERSONAL DATA BY MUNICH RE SERVICE GMBH:
BY CLICKING ON THE ACCEPTANCE BOX ON THE REGISTRATION SCREEN YOU AGREE TO US PROCESSING YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS AND OUR INFORMATION ABOUT DATA PROTECTION (Section II – Information about data protection) FOR THE PURPOSES OF US PROVIDING YOU WITH OUR SERVICES.
IF YOU DO NOT AGREE TO MUNICH RE SERVICE GMBH PROCESSING YOUR PERSONAL DATA, DO NOT CLICK THE ACCEPTANCE BOX ON THE REGISTRATION SCREEN.
YOU MAY REVOKE YOUR CONSENT AT ANY TIME (Please sent an e-mail to RE_drive@munichre.com). REVOKING YOUR CONSENT APPLIES ONLY FOR THE FUTURE AND DOES NOT AFFECT THE VALIDITY OF THE DATA PROCESSED UNTIL THE REVOCATION.
I. Licence Terms
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
We; Munich Re Service GmbH, license you to use:
- RE_drive mobile application software, any data supplied with the software (App) and any updates or supplements to it.
- The related electronic documentation (Documentation).
- The telematics services you connect to via the App and the content we provide to you through it (Services).
as permitted in these terms.
2. YOUR PRIVACY
We only use any personal data we collect through your use of the App and the Services in the ways set out in our information about data protection (Section II – Information about data protection). In the event that there is any conflict between these licence terms and our information about data protection, the terms of the information about data protection will always take precedence.
3. OPERATING SYSTEM REQUIREMENTS
The App requires an iOS or Android device with the iOS 10 or Android 4.4 (API19) operating system (or later).
4. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Munich Re Service GmbH has engaged The Floow Limited, The Floow Campus, Wicker Lane, Sheffield, S3 8HQ, to perform the telematics services for this test app. If you want to learn more about the App or the Services or have any problems using them please take a look at The Floow’s support resources at www.thefloow.com.
Contacting us (including with complaints).
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email The Floow’s customer service team at email@example.com. You can also contact your Munich Re client manager or RE_drive@munichre.com at all times.
If we have to contact you we will do so by email, using the contact details you have provided to us.
Contact RE_drive@munichre.com at all times
5. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your mobile telephone or handheld device and view, use and display the App and the Services on such device for your personal purposes only;
- use any Documentation to support your permitted use of the App and the Services; and
- receive and use any free supplementary software code or update of the App incorporating 'patches' and corrections of errors as we may provide to you.
6. YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and buy the App.
7. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Services as set out above. You may not transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it beforehand.
8. CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.
9. UPDATE TO THE APP AND CHANGES TO THE SERVICES
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
10. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
11. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
12. LICENCE RESTRICTIONS
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure;
- is used only for the Permitted Objective; and
- complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.
13. ACCEPTABLE USE RESTRICTIONS
- not use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
- not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
14. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property: If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on Apple Appstore or Google Play Store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
You are fully responsible for access to your device. You undertake not to allow unauthorised third parties to use your device for any reason whatsoever. You undertake to contact us as soon as possible should you suspect that an authorised person has gained access to your device. We shall not be held liable for any misuse of your device and any resulting consequences for you, your partner, or any third party.
16. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
17. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
18. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by German law and you can bring legal proceedings in the German courts.
II. Munich Re Service GmbH – Information about data protection
Munich Re Service GmbH (we, our, us) is committed to protecting and respecting your privacy. This information (together with our end user licence agreement and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By downloading the RE_drive app (App) via either Apple’s Appstore or the Google Play Store, you are accepting and consenting to the practices described in this Information.
Who is responsible for processing your data?
Your personal data i.e. any information which identifies you, or which can be identified as relating to you personally, will be collected and used by
Munich Re Service GmbH
80802 München, Germany
Tel.: +49 (89) 38 91- 22 55
Fax: +49 (89) 39 91 7 22 55
If you have any questions about this information, you may contact us by post to “Global Consulting” at the above address, or by e-mail to RE_drive@munichre.com.
What data and sources do we use?
Information you give us:
When you download, activate and use the App (or contact us in respect of the App), we may collect any or all of the following information about you:
- Personal details (name, email, country, company)
Data we collect automatically:
When you install and run the App, we may collect any or all of the following technical data:
- Device Identifiers (the internet protocol address used to connect your device to the internet, your log-in information, browser type and version, regional settings, operating system and platform);
- data about your use of the App (e.g. frequency, duration) ;
- specific location information and direction (we use GPS technology to determine your current location);
- data about your driving behaviour (current speed, duration of journey, acceleration, braking and cornering);
- data on mobile phone usage while driving (i.e. information about when you make and receive phone calls and send and receive text messages on your device). We do not have access to the content of phone calls, text messages or any other app on this phone.
Please note that the App only starts recording information when you are travelling at a minimum speed and will stop recording when your journey ends. Further, please note the following:
- We do not record you 24/7
- Location access is only used to guarantee the core functionality of the RE_drive app by generating driver and journey scores
- Location access is thus, directly related to providing and improving the core features of the app
- Location data is not used for any type of advertising purposes
Further, note that the App collects data for all kinds of journeys independent of the mode of transportation. Meaning the App also collects data whilst you are not driving with a car but using a different mode of transportation such as train, bike, plane, boat or whilst walking. As said, the App starts recording all journeys automatically if and only if a minimum speed is detected and stops once the journey ends. The App discerns your movement and tags your journey with its anticipated mode of transportation, e.g. driver, train, bike, etc. You can change the mode of transportation within the RE_drive app within 72 hour after the trip was conducted if the anticipated mode of transportation was not correctly tagged.
All of your journey data will be collected and retained by the App, whether you are a driver or passenger. Passenger journeys, however, can be excluded from your diving scores by tagging your journey.
The data that is automatically collected will be send to our technology supplier’s server and we will use the information to provide you feedback on your driving style. This information will be used to build up a profile of how, where, and when your car is driven and the level of your mobile phone distraction during those journey times. This information will be combined to form a driving score based on your driving behaviour.
What cookies are and how we use them:
For what purposes, and on what legal basis, will your data be processed?
Legal basis on which we collect and process your personal data:
We process your personal data in compliance with the EU General Data Protection Regulation (GDPR) and all other applicable national laws.
The data processing is based on your consent (Art. 6 (1)(a) of the GDPR).
The purpose of processing your personal data:
We will use the journey data form the RE_drive app for assessing your individual driving behaviour and to provide you with driving scores that are reflective of your driving behaviour.
The purpose of the App is to give you an impression of a telematics application and to experience the driving and journey scores based on your driving behaviour first hand.
Munich Re Service GmbH will have access to and use your personal data for information purposes. This is to check if the app and registration is working properly and assist you with any inquiries or questions in respect to the usage of your app. Additionally, we will use your personal data in order to administer our user data base and to ensure to comply with the deletion/anonymization period under this Terms & Conditions. We will further do some aggregated analysis in order for us to get insights into driving behaviour. However, we will not do this on an individual user base. Alternatively to the deletion of your data , we may anonymize the data and use them for our own purposes.
Who receives your data and how is it being used?
When you give us your information, it will be shared with our external technology provider as well as within the Munich Re AG as outlined in the following.
External technology provider:
Munich Re Service GmbH has engaged The Floow Limited, The Floow Campus, Wicker Lane, Sheffield, S3 8HQ, to perform the telematics services for this App. The Floow itself has engaged a hosting provider.
The information collected by RE_drive will be used by our technology provider for research and analytical purposed both during the active period of the App, and after your use of the App has ceased.
Our technology provider will use personal data for communications that relate to your App participation (such as the sending of a welcome email) and will use your journey data for the purposes below:
- Road and vehicle usage including for road safety issues, real time traffic flow, environmental impacts such as idle time at junctions, journey times, distances and speeds, and the analysis of junctions and the risk they represent;
- Driving behaviour analysis and profiling including determining what constitutes safe and dangerous driving and the typical behaviours of various segments of the population;
- Analysis of the causes of, and forces involved in, collisions and other road incidents; and,
- Researching and refining techniques for analysing motor vehicle telematics data.
We and our technology provider can use your personal information in this way because it is in our legitimate interests to provide the services in the most efficient way and understand risks of driving behaviour. We will always ensure that we keep the amount of your personal information that we collect and the extent of the processing to the absolute minimum to achieve this efficiency.
Companies in the Munich Re reinsurance group:
Munich Re Service GmbH is a wholly owned subsidiary of Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft in München. Münchener Rückversicherungs-Gesellschaft Aktiengesellschaft (Munich Re AG) in München is acting as a comprehensive service provider (subcontractor) for Munich Re Service GmbH. Thus, your personal information and the collected data will be shared with Munich Re AG to answer any queries related to the functionality of the app and driving scores as well as for statistical and analytical purposes.
Munich Re AG will use personal data for communications that relate to your App participation (such as answering any type of queries) and will use your journey data for the purposes below:
- Assessing individual app usage and driving behaviour in case of any user specific queries
- Analysis of overall app usage, such as frequency, usage over time, duration
- Review of driving behaviour for statistical and analytical purposes
We and Munich Re AG can use your personal information in this way because it is in our legitimate interests to provide the services in the most efficient way and understand risks of driving behaviour. We will always ensure that we keep the amount of your personal information that we collect and the extent of the processing to the absolute minimum to achieve this efficiency.
How do we transmit data to countries outside Europe?
Your data will generally not be transferred outside Europe. All service providers mentioned above are located in EU/EWR.
If we need to transfer personal data to service providers outside the European Economic Area (EEA), e.g. in connection with maintenance services, we will do so only if the European Commission has confirmed that the respective country’s level of data protection is sufficient, or if data protection is otherwise sufficiently guaranteed (for example, through binding, in-house data protection provisions, or the European Commission’s standard contractual clauses).
How long do we store your data?
We will collect, process, and retain your personal and journey data including instances where you may be a passenger in another vehicle or using another form of transport, in accordance with the EU General Data Protection Regulation (GDPR) and all other applicable national laws. The data processing is based on your consent (Art. 6 (1)(a) of the GDPR). This enables us to improve functionalities of the App and assist you with any related queries.
The data we collect will be stored and kept for as long as your App remains active. If the app was not active and / or did not collect data for six (6) months, we count you as an inactive user and your data will be deleted without undue delay. We continually review the personal data we hold on a monthly basis and delete or anonymize all personal data that are no longer required. After we deleted or anonymized your personal data, it is not possible for us to link your journeys with your personal data.
What data protection rights do you have?
In addition to your right to revoke your consent, you have a right to information, a right to rectify or erase data under certain conditions, as well as a right to restrict data processing. Upon request, we will make the data that you provided available in a structured, accessible and machine-readable format. Please contact the aforementioned address to exercise these rights.
Right to revoke your consent
You may revoke your consent at any time. Revoking consent applies only for the future and does not affect the validity of the data processed until the revocation.
Would you like to file a complaint about how your data is being handled?
You may contact the aforementioned Munich Re Service GmbH contact or the data protection authorities.
The authority responsible for us is:
Bayerisches Landesamt für Datenschutzaufsicht (Data Protection Authority of Bavaria for the Private Sector), Promenade 27, 91522 Ansbach, Germany, Tel.: +49 (0) 981 53 1300, e-mail: firstname.lastname@example.org or https://www.lda.bayern.de/en/contact.html
Are you obliged to provide your data?
The main purpose of RE_drive is to record, score and feedback driving information and behaviour to users. In order to record users’ driving behaviour and to maintain the core functionalities of the app (i.e. scoring of the users’ driving journeys), we need your personal and the collected data as indicated above. Without this data, Munich Re Service GmbH cannot carry out the telematics services you request.
However, if you wish to cancel your participation in RE_drive, your account will be deactivated and data collection will stop within two weeks from the period of cancellation.