RE_drive App

[MOBILE APPLICATION END USER LICENSE AGREEMENT]

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.

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 Privacy Policy. 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 support@thefloow.com. 

If we have to contact you we will do so by email, using the contact details you have provided to us.

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

You must:

• 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. ACCOUNT DELETION REQUEST

If you wish to delete your account on FloowDrive, please follow these steps:

1. Send an Email Request: To initiate the account deletion process, please send an email to support@thefloow.com, specifying your intention to delete your account. Use the subject line “Account Deletion Request.”
2. Include Required Information: In your email, include the following information to help us process your request:
   • Full Name: [Your Full Name]
   • Email Address: [Your Registered Email Address]
   • User ID (if applicable): [Your User ID or Account Identifier]
3. Confirmation Email: Once we receive your email, we will send a confirmation email to your registered email address to verify your request.
4. Final Confirmation: After you confirm your request by following the instructions in the confirmation email, your account deletion process will be initiated.
5. Account Deletion Process: Please be aware that the account deletion process may take a certain amount of time.
6. Data Deletion: We will securely delete all data associated with your account, including personal information and user-generated content. This process is irreversible.
7. Data Retention for Legal Reasons: It’s important to note that, in some cases, we may be required by law to retain certain data even after account deletion. This may include data related to financial transactions, legal disputes, or compliance with local regulations. We will only retain data to the extent necessary to fulfill our legal obligations.

Thank you for using our service. We respect your decision to delete your account, and we are here to assist you with the process. If you have any concerns about your data or privacy, please refer to our privacy policy or contact our support team for further assistance.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

We would like to inform you how your personal data will be processed and we will inform you of your rights under data protection law.

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
Königinstrasse 107
80802 München, Germany

Tel.: +49 (89) 38 91- 22 55
Fax: +49 (89) 39 91 7 22 55

Email: contact@munichre.com

If you have any questions about this information, you may contact us by post to “Global Consulting” at the above address.

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 by The Floow to guarantee the core functionality of the RE_drive App by generating driver and journey scores
• Location access by The Floow 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 collected will be sent to our technology supplier’s server, that is to The Floow, and The Floow 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. 

The Floow will also send a daily summary of your data to us. This includes, but is not limited to, your profile information, a daily list of journeys conducted together with the corresponding journey scores, as well as your latest driver score and subscores.

What cookies are and how we use them: 

Cookies are small data files which we place on your device. We use cookies to distinguish you from other users of the App. This helps us to provide you with a good experience when you use the App and also helps us to improve the App. 

On the one hand, we use cookies that are necessary for technical reasons when you visit our App and want to use the functions we offer. On the other hand, we use cookies in order to be able to make statistical evaluations of the reach of our App. 

Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies, for example those for statistical analysis, remain stored on your terminal device until you delete them. These cookies enable us to recognise your browser on your next visit. In detail, these are the following cookies.

More information about our cookies is available on the registration screen.

You can activate or deactivate optional cookies on the registration screen.

For what purposes, and on what legal basis, will your data be processed?

Munich Re Service GmbH:
We have launched and run the RE_drive App to give you an impression of a telematics application and to experience the driving and journey scores based on your driving behaviour first hand. The App addresses interested parties and potential customers. We are selling telematic services to primary insurance companies. We use the RE_drive App as a marketing tool.

Munich Re Service GmbH will have access to and use your personal data for administrative purposes. This is to check if the app and registration is working properly and to provide you with our services. Additionally, we will use your personal data in order to administer our user data base 

Furthermore, we do an analysis of the overall App usage, such as frequency, usage over time and duration. Additionally, we will use your contact and location data to create a user profile in order to better evaluate business opportunities and (potential) customers.

The Floow:
Our subprocessor The Floow 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. Additionally, our technology provider will use personal data for communications that relate to your App participation (such as the sending of a welcome email) 

In detail The Floow 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.
• 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 The Ffoow;
• The information collected by RE_drive App will be used for research and analytical purposes both during the active period of the App, and after your use of the App has ceased 

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 Art. 6(1)(b) of the GDPR (performance of a contract) insofar as the data processing is necessary to perform the End User Licence Agreement and to provide you with your driving score.

The data processing is based on your consent (Art. 6 (1)(a) of the GDPR) insofar as we consolidate your contact and device data with the telematics data. That is both data sets will not be separated but processed together 

The data processing is based on your consent (Art. 6 (1)(a) of the GDPR) with regard to the anonymisation of your data at the end of the storage period. We will use the anonymized data for further business purposes.

Cookies:
The legal basis for the processing of technical necessary cookies is art.  6 para.  1f GDPR and section  25 para.  2 no.  2 TTDSG. We have a legitimate interest in making the App available on the App store . At the same time, this does not conflict with any interests of the user, as the user has an interest when visiting our App that the App delivers the desired information to him or her without technical hindrances. 

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 The Floow as well as within Munich Re 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 (subprocessor). The Floow itself has engaged a hosting provider where your data will be stored (Amazon Web Services).

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 (“MR AG“) in München is acting as a comprehensive service provider subprocessor) for Munich Re Service GmbH (including IT services and human resources). Thus, your personal information and the collected data will be shared with authorized staff of  MR AG to the  manage the App and its users  as well as for statistical and analytical purposes, as described above. 

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 or in a country which the European Commission has assessed an adequate level of data protection.

If we need to transfer personal data to service providers outside the European Economic Area (EEA) or allow access from outside of the EEA, e.g. in connection with maintenance and assistance 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?

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, The Floow counts you as an inactive user and your data will be deleted or anonymized without undue delay from The Floow's systems. We continually review the personal data delivered from The Floow to us on a monthly basis and inform The Floow about required deletion. On Munich Re's side, from the summarized data we receive daily from the Floow we delete or anonymize personal data of all incoming files on a daily basis. 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?

You have the following statutory data protection rights with regard to your personal data provided that the respective requirements are met. You have a right to object to the processing, a right of access, a right to rectification or deletion of your personal data under certain conditions, a right to data portability, a right to revoke your consent as well as a right to restrict the processing. Please contact us via the contact details mentioned above to exercise these rights. 

Right to object
If we process your data for the purposes of protecting legitimate interests, you may object to this processing on grounds relating to your particular situation. We will then stop the processing, unless we have compelling legitimate interests to do so which override your grounds.

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: poststelle@lda.bayern.de 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. It is possible to use the App pseudonymous, that is you are not obliged to provide us with your real name.

However, if you wish to cancel your participation in RE_drive, your account will be deactivated as described in section 14 of the Terms & Conditions. 

Amendments to this Privacy Notice

The continued improvement of our website and the use of new technology make it necessary to amend our privacy notice from time to time. When visiting our website, please read the then current version of our data protection notice (most recent version: April 2024).