Your use of this App is subject to these terms and conditions (the Terms). By installing and using the App you agree to be bound by the Terms. As soon as You have registered your details within the App and You have confirmed acceptance of the Terms and the App is activated on Your Mobile Device, Data will be transmitted to Us through the App.
You agree to provide accurate, up-to-date and complete information about Yourself, as prompted by the App and to promptly update Your information as and when any changes to occur.
Data collected when the App is switched on will be attributed to You, even if You are travelling in a vehicle driven by another person.
If You have any questions about these Terms or wish to access Your Personal Information You can contact Us by email at PersonalLinesIreland@aig.com or in writing at AIG Property Casualty, 30 North Wall Quay, International Financial Services Centre, Dublin 1.
The defined terms used in the Terms have the following meanings.
App – The XLNTdriver application including any updates, new versions or new releases of the App downloaded to Your Mobile Device which records Data and transmits it to Us.
Data – the information we collect from Your Mobile Device related to driving behaviour. This includes the time, date, phone status (i.e. in use or being moved) and identity, network state, your location as defined by GPS co-ordinates, the battery state and accelerometer information for each journey where the App has recorded such Data.
Driving Score – A score ranging from 1-100 based upon analysis of the driving behaviour recorded by Your Mobile Device.
Personal Information – The information you enter into the App in order to register including Your Email Address, password, Our policy number, Your car registration number.
The Floow – The Floow Limited, a company registered in England with company number 07968005 with its registered office at Oxo House, Joiner Street, Sheffield, S3 8GW.
We/Us/Our – AIG Europe Limited, a company registered in England with company number 01486260 with its registered office at The AIG Building, 58 Fenchurch Street, London EC3M 4AB entering into these terms and conditions in respect of its Irish branch (branch registration number 906664), having its registered branch office at AIG Property Casualty, 30 North Wall Quay, International Financial Services Centre, Dublin 1, Ireland.
You/Your – A policyholder and/or any named driver(s) who have taken out a private motor insurance policy with Us.
Your Mobile Device – the smartphone mobile device onto which the App is downloaded and installed.
2. Use of the App
This App is provided to enable You to record, monitor and view information on Your driving behaviour. We will provide You with a Driving Score based upon the Data collected and transmitted from Your Mobile Device.
You are solely responsible for ensuring that Your App username and password login details are kept confidential and safe. We will not be responsible for misuse of your username and/or password. You may not use the content or services made available in the App in ways that might violate our intellectual property rights, a third party’s intellectual property rights, harm our systems, or abuse other App users. Any trade marks shown in the App are the property of their respective owners.
You must download the App onto Your Mobile Device and begin recording trips on that phone within 7 days of the start of Your car insurance. The App must only be used by You. You must record most of Your trips on your App.
You must record a minimum of 500Kms (comprising at least 45 trips) over the first 90 day scoring period. You must record a trip at least once every 21 days to be eligible for on-going offers.
In the event that the Terms and Conditions herein are not adhered to, We have the right to remove your AIG XLNTdriver discounts which will result in an increase in your premium.
You acknowledge that any content that you upload to the App is done so at your own risk and We disclaim all liability in relation to such content.
You are prohibited from posting or transmitting to the App any material:
a) that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach or privacy or which may cause annoyance or inconvenience;
b) for which you have not obtained all necessary licences and/or approvals;
c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) which is technically harmful (including, without limitation, computer viruses. logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3. Availability of the App
While we endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable for any reason if the App is unavailable at any time or for any period.
Access to the App may be suspended temporarily and without notice from time to time; for example, in the case of required maintenance or where we reasonably suspect You have breached these Terms.
4. Google Maps
(a) © An Post GeoDirectory Limited 2012
(b) This product includes mapping data licensed from Ordnance Survey Ireland. © Ordnance Survey Ireland year 2009. All rights reserved. Licence number AND09/09v1.0
For Great Britain:
This product contains Ordnance Survey data © Crown copyright and database right 2011, Royal Mail data © Royal Mail copyright and database right 2011, and National Statistics data © Crown copyright and database right 2011 (http://www.ordnancesurvey.co.uk/oswebsite/docs/licences/os-opendata-licence.pdf). All rights reserved.
Content provided to You through the App may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google, its partners, or other third party rights holders of content indexed by Google.
Use of the App is at your own risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, We will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the App. We do not warrant that the App will meet Your requirements, that the content will be accurate or reliable or that the functionality of the App will be uninterrupted or error free. Nothing in these terms shall exclude or limit liability to You for (i) death or personal injury caused by Our negligence; (ii) fraud, or (iii) any liability which cannot be limited or excluded under applicable law. However, We will not be liable to You for any loss or damage that could not be reasonably expected at the time You accessed or used the App, or which is out of our control.
6. Data charges
Network data charges may be applied by your Network Operator for the data transmission and data transfer operations used by Our App. Please consult your Network Operator for full terms and details in connection with these charges.
7. Use of the XLNTdriver App Data
The Floow have developed the App on Our behalf. Data will be collected through the App and provided to Us and to The Floow. Data will also be used by The Floow for research purposes.
It is very important that you read this section so that you understand how We and The Floow use the information collected by the App. By downloading and activating the App on Your Mobile Device, You are consenting to the use of Data as detailed below.
If you sell Your phone or give it to someone You must uninstall the App by going to the App Settings on Your phone and uninstalling the App using the normal method for uninstalling an App for Your Mobile Device.
If you wish to prevent use of any App data, please ensure that you uninstall the App from the relevant Mobile Device.
What data is captured by the App?
Following activation of the App, Data will be captured from Your Mobile Device regarding your driving style. This will include braking, accelerating, cornering, location, distance, route travelled and time of day.
We will encrypt (securely scramble) the Data when this is being transferred from Your Mobile Device.
An electronic Data feed will translate the GPS (location) co-ordinates from the App to a specific location which will provide detail regarding the road type and speed limit of the road You are driving on at any specific time. This information will be used to build up a profile of Your driving.
8. How will we use the data collected from the App?
We will use the Data collected by the App for the purpose of assessing driving behaviour and to provide insurance policies which reflect, and are assessed on, driving behaviour. We may combine this with our more traditional rating factors.
Your Personal Information and the Data, will be used by Us for the following purposes:
• To determine whether you are eligible for a % discount off your premium as determined in any literature We have provided as part of Your policy of insurance.
• To help Us understand safe driving behaviours which We will use to develop the underwriting of Our motor insurance policies and to inform Our development of similar products.
• To help provide further clarification of the circumstances giving rise to a claim if You make a claim under your policy,
• To help prevent and detect fraud.
Your Data will not be used to increase Your premium at the renewal of Your motor insurance policy; however other factors are also used in the calculation of Your motor insurance policy premium that may affect the premium we charge at renewal (which may result in an increase in your premium).
Nothing contained in the above negates the requirement for you to report all accidents to us.
9. How will The Floow use the App data?
The information collected by the App will be used by The Floow for research purposes both during Your period of insurance and after the policy period has elapsed. The Floow will use the Data collected for the purposes outlined below.
• Determining road and vehicle usage including issues related to road safety, real time traffic flow and volumes, journey times, distances and speeds, and analysis of junctions and the risk such junctions represent;
• Assessing the environmental impact of road and vehicle usage, including analysis of idle time spent at junctions;
• Driving behaviour analysis and profiling including determining what constitutes safe and dangerous driving and the typical behaviours of average age ranges.
• Analysis of the causes of, and forces involved in, crashes and other road incidents
• Establishing and analysing trends amongst the population regarding each of the purposes set out above
• Researching and refining techniques for analysing motor vehicle telematics data.
Unless You uninstall the App when Your motor insurance policy with Us has ceased the App will continue to collect Data which will continue to be used by The Floow for research purposes.
10. Modifications to these Terms
These Terms may be amended from time to time and we therefore suggest that you review them periodically.
11. Make a complaint
We want to give you the best possible service. If you feel you have cause for complaint, You should contact the Motor Manager at AIG Europe Limited, Ireland Branch.
If after such contact You remain dissatisfied, You may also write to the Customer Complaints Officer at AIG Europe Limited, 30 North Wall Quay, International Financial Services Centre, Dublin 1. Phone: 01 208 1400
If the complaint is not resolved to your satisfaction, you should write to the General Manager, AIG Europe Limited, 30 North Wall Quay, International Financial Services Centre, Dublin 1.
At any stage, You may contact any of the following:
The Irish Insurance Federation, Insurance House, 39 Molesworth Street, Dublin 2. Phone: 01 686 1820. Fax: 01 676 1943. E-Mail: firstname.lastname@example.org.
The Central Bank of Ireland, P.O. Box 559, Dame Street, Dublin 2. Phone: 1890 777 777. Fax: 01 671 6561. E-Mail: email@example.com.
The Financial Services Ombudsman’s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2. Lo-Call: 1890 882 090. Phone: 01 662 0899. Fax: 01 662 0890. E-Mail: firstname.lastname@example.org.
12. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Irish courts.
Issue date: 28th February 2014