Terms and Conditions

Driven Program by Driven Telematics, Inc.

Glossary

Application refers to: Driven application
DRIVEN refers to: Driven Telematics, Inc. (DRIVEN)
Trademarks owner refers to: Driven Telematics, Inc.
You / Your refers to: You, the enrolled driver.
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1. INTRODUCTION

Driven Telematics, Inc. (DRIVEN) offers a behavior-based telematics program allowing you to gain feedback on your driving performance. Your participation in the Program is expressly conditioned on your acceptance of these Terms and Conditions. Downloading and activating the application by you on your smartphone constitutes your acceptance of these Terms and Conditions.
These Terms and Conditions can also be viewed at any time on the application. These Terms and Conditions do not change the Usage Rules set forth in the Apple App Store Terms and Conditions or in the Google Play Terms of Service, whichever apply.

2. ABOUT DRIVEN

Driven collects data on driving behavior from the application and uses that information to calculate a driving score for you. The purpose of this program is to allow you to gain feedback on your driving performance, not to penalize you in any way. Driving data collected will be used for behavior awareness and will be shared with participating insurance carriers and insurance agencies to provide you the best possible premium price on your auto insurance.

2.1 Enrollment in the Driven Smartphone Program

When you enroll in the Program, you confirm that you have a smartphone (iPhone or Android), which is compatible with the application, and have and will maintain a data plan at all times. The data plan provides for accuracy of data collection. If your smartphone is not compatible, the application will not be available for you to download. When this application is downloaded, it will record information as detailed in section 3.2 (the "Collected Data") that is then received by us.

2.2 Operational Note

The application uses a certain amount of power from the smartphone battery. Care should be taken in ensuring the smartphone is charged and turned on when driving to record the information for the Program. This application may require periodic updates and you agree that updating the application from time to time is your responsibility. The application, once downloaded, is not to be deleted or turned off as the application will be activated each time you start a trip as detailed in section 2.8. The location services (GPS) should be on at all times to provide for accurate data collection.

2.3 Program Feedback

After enrolling in the Program, you can access the application to view feedback on how you have driven. You will be able to view a score for the driving variables listed below and an overall driving score for your driving. All feedback provided is based on your driving as recorded by the application. The driving score is based on:

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● Driving Behaviors (acceleration intensity, hard braking, hard cornering)
● Speed
● Distance Travelled
● Phone Motion while driving

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2.4 Terminating Participation in the Program

You can terminate your enrollment in the Program at any time, by uninstalling the application and this will prevent further information from being collected and submitted to us.

2.5 Who Owns the Application

The application is the property of Driven Telematics, Inc. and is provided by us for you to receive feedback on your driving performance as outlined by your employer. DRIVEN retains all rights, title, and interest in and to the application. You may not reverse engineer, decompile, alter, duplicate, translate, make copies, or create derivative works from the application or, otherwise attempt to derive the source code of the application, except to the extent allowed under applicable law. If applicable law permits such activities, any information discovered as a result of these activities must be promptly disclosed to us as it is deemed to be the confidential and proprietary information of DRIVEN.

2.6 Wireless or Cellular Service

You will have the choice managed from within the application, to send the Collected Data only through Wi-Fi networks or through cellular networks. You and/or your employer will be responsible for any data charges and expenses associated with the use of the application.

2.7 Transferring the Application to another Smartphone

The application must be installed and activated on the smartphone by you when you enroll in the Program. Transferring of the collection of information to a different smartphone is permitted by following the procedure when downloading and activating the application.

2.8 Activating the Application for Each Trip

Once installed and activated, the application must be running at all times as the application will detect and record when you start a trip. The application will detect and record your trips on your smartphone. The application will identify all trips as “driving” trips (i.e., where the application determines that you were operating a vehicle) or "non-driving" trips (i.e. where the application determines that you were not operating a vehicle). You will be able to manually exclude trips where you were not driving. Any exclusion must be completed within 30 days of the trip or it will be deemed a driving trip.

3. DISCLAIMER

We reserve the right to modify or terminate the Program at any time and for any reason.

4. TRADEMARKS

Driven Telematics, Inc. is the owner of all trademarks used in conjunction with the Program, whether in the form of names, images, logos, or icons. These trademarks are used with permission by us.

5. CONSENT/AGREEMENT

By downloading and activating the application, you consent and agree to: (a) your participation in the Program, (b) these Terms and Conditions as they apply to you, (c) the collection and disclosure to DRIVEN of your personal information, including Collected Data, in the manner and for the purposes described in these Terms and Conditions, (d) the Privacy Policy (e) TCPA disclaimer found in the Privacy policy, (f) ongoing permission of the solicitation of insurance quotations by partnering insurance carriers and agencies, and (g) the retainer and use by DRIVEN of your personal information, including Collected Data, as described in these Terms and Conditions.

5.1. CONSENT/AGREEMENT FOR INSURANCE QUOTATIONS

By downloading and activating the application, you consent, understand and agree that (a) the behavior-driving data and personal data you provide in Driven’s application will be used to obtain insurance quotations from Driven’s partnering insurance carriers and agencies, (b) this data may be used in the underwriting process of an insurance quotation, (c) you give permission to Driven’s partnering insurance carriers and agencies to pull reports, credit, motor vehicle records and any other impertinent reporting in accordance with applicable state and federal laws including but not limited to the Federal Fair Credit Reporting Act (FCRA), Driver’s Privacy Protection Act, analogous state laws, and other state and federal laws that govern the permissible use of reports in the insurance underwriting process. Furthermore, you acknowledge that Driven is not an insurance carrier or agency.