Terms of use for the Drive Recorder client portal (English)


1. Subject of the contract

AXA Insurance Ltd. (hereinafter referred to as "AXA") grants access to a personal client portal to all policyholders (hereinafter referred to as "Client") who have a Drive Recorder contract. In the client portal, the Client can access his driving statistics as well as information on how the vehicle fitted with a Drive Recorder is being used. The Client can access the portal over the internet or a mobile application (hereinafter referred to as the "App"), which can be downloaded from an app store (e.g. Google Play or iTunes Store) for free. The Client is aware that connection charges may be incurred through the use of the client portal (access to the web or the app).

These terms of use define the rights and obligations of the parties in connection with the client portal. AXA's and the Client's rights and obligations with respect to the insurance relationship are laid out in the insurance contract, the General Insurance Conditions and the Special Insurance Conditions. The rights and obligations of the parties in connection with the client portal apply to the extent that they affect its use.

AXA has mandated Octo Telematics SpA (hereinafter referred to as "Octo"), with registered office in Rome, to administer the client portal.

2. Rights of use

The Client may use the client portal only in accordance with the following conditions and for personal reasons. AXA rejects all liability if unauthorized third parties use the client portal.

3. Functionalities of the client portal

The client portal contains data on the insured vehicle, routes that were driven, vehicle statistics and information on driving behavior.

The following must be observed when interpreting the geographic aspects of driving behavior as shown on a map:

+ Data is shown as precisely as the Global Positioning System (GPS) permits.

+ Data from the Drive Recorder is transmitted periodically, generally after every trip, by means of the Global System for Mobile Communications (GSM) and displayed in the client portal. Data can be transmitted only for as long as the Drive Recorder is able to receive a GSM signal.

+ Driving behavior is analyzed once a week based on the data that has been transmitted.

4. First registration / access

The Client must enter the policy number and the IMEI number of the Drive Recorder on the login page when identifying himself for the first time. In order to activate the login, the Client must have an email address, a mobile phone number and a temporary password, which is sent to the mobile number that has been provided. The Client can then define his own password.

For security reasons, the system requires the password and email address to be reentered in regular intervals.

This procedure meets current security standards and offers a high level of protection for personal data and against unauthorized third-party access.

AXA considers anyone who has logged in with these personal access details to be a legitimate user of the client portal. For this reason, AXA may send data and information to and obtain instructions and legally binding notifications from the person who has logged in without additionally having to verify his access rights. AXA assumes that this person is in fact the authorized person and not an unauthorized third party.

If the Client requests other online services from AXA, the access data for the client portal can be used for such services as well.

5. Blocking of the access

AXA has the right to block parts or all of the client portal without notice if these terms of use are violated, e.g. if security, secrecy or data protection provisions are breached, or in the case of suspected misuse by unauthorized third parties.

6. Notifications

The Client hereby agrees to receiving information about technical aspects of the Drive Recorder or client portal by email or SMS sent to the phone number entered in the client portal and to having such information displayed in the client portal itself. The Client must inform AXA immediately if his phone number or email address has changed.

7. Use of email address and phone number for marketing purposes

The Client hereby agrees that AXA can use the email address for his client portal for marketing purposes, such as sending advertisements and conducting market research. This data is not passed on to other parties; disclosure of data to courts and the authorities on the basis of statutory surrender obligations and its use in the event of recourse is reserved. The Client must call AXA at 0800 809 809 (AXA 24-hr phone) if he prefers not to receive any advertisements.

8. Technical malfunctions and interruptions

AXA makes every effort to provide uninterrupted around-the-clock access to the client portal. However, errors may occur even despite careful maintenance work, and AXA therefore cannot guarantee availability of the client portal at all times. Planned system interruptions are scheduled during off-hours whenever possible. AXA rejects all liability for loss or damage arising from such interruptions or malfunctions.

9. Due diligence obligations of the Client

Access data as defined in point 4 (First registration / access) must be stored securely and protected against misuse. The Client is responsible for any and all consequences resulting from misuse of his access data. If unauthorized third parties are suspected or known to be in possession of the Client's access data, the Client must inform AXA immediately so that access can be blocked and new access data issued as needed.

10. Data security

The Client is aware that data is transmitted over the internet, which is an open and generally accessible network. Data is transmitted across borders regularly and without controls, and it may therefore become lost. Data is transmitted at minimum with 128-bit secure socket layer (SSL) encryption technology. Even though this technology is considered to be sufficiently secure, there are some residual risks. AXA accepts no liability for correct and secure data transmission over the internet.

The Client is responsible for ensuring that his computer, mobile device and internet connection are protected with a password and that adequate security measures in the form of anti-virus software and a firewall, for example, are in effect. The Client is also aware that the App stores certain data on driving behavior locally on the mobile device.

AXA can record, save and analyze information on the Client's activities (access, transactions and changes) in the client portal with a view to improving the service. Such data is used exclusively within AXA Group. No data is passed on to unauthorized third parties.

11. Disclaimer

AXA rejects all liability to the extent permitted by law. In particular, AXA accepts no liability for damage, whether direct or indirect, that arises from transmission or technical errors, malfunction or non-availability of the internet, network overload, illegal access or third-party access, careless use of access data or blocked access, or from any other reasons associated with the use of the client portal. In addition, AXA rejects all liability in connection with the accuracy and completeness of the data that is transmitted or displayed electronically.

AXA offers no guarantee for the content of external websites that are linked to the client portal.

12. Copyrights

The content and structure of the client portal are the property of AXA and Octo, which manages the portal. Any copying of information or data, in particular the use of text, text segments, trademarks, logos and other visual material, requires the prior written consent from AXA.

13. Changes to these terms of use

AXA reserves the right to change these terms of use at any time, adjust them to technical and legal developments, or terminate the online service altogether. The functions shown under point 3 (Functionalities of the client portal) can be enhanced or restricted at any time. Important changes that affect the functionality of the portal are generally communicated electronically.

14. Severability clause

If any parts of these terms of use become void or unenforceable, the remaining provisions are not affected. The parties must apply and implement these terms of use in such a way that the purpose of any newly void or unenforceable parts continues to be served to the extent possible.

15. Termination

These terms of use will cease to be valid and access to the client portal will be blocked if the motor vehicle liability insurance is terminated or the Drive Recorder is excluded from the contract.

16. Applicable law and place of jurisdiction

These terms of use are subject to Swiss law. The exclusive place of jurisdiction is Winterthur.