Elephant App Conditions of Use

By using the Elephant Insurance App (the “App”) you agree to the following terms and conditions (the “App Conditions of Use”) which shall be deemed to form part of the General Conditions of Use . If there is any conflict or inconsistency between these App Conditions of Use and the General Conditions of Use , then these App Conditions of Use shall take precedence.

Please read these App Conditions of Use carefully. If you do not agree to these App Conditions of Use or the General Conditions of Use , then please refrain from accessing or using the App.

If you don’t understand any of these App Conditions of Use, please email appsupport@admiralgroup.co.uk - we will do our best to reply to your query within 24 hours on working days.

Please note, if you’re under 18 you’ll need permission from your parent or guardian to agree to these App Conditions of Use before accessing or using the App.

The App is provided to you free of charge by Elephant, which is a trading name of EUI Limited (further detail of EUI Limited is provided in the General Conditions of Use .

We’ve broken the key information into the following sections:

  1. Operating system requirements
  2. Your choice about telematics
  3. How we collect and use data
  4. Claims assistance feature
  5. Data charges and battery life
  6. Discounts, cancellations and complaints
  7. End user licence

1 - Operating system requirements

The App is compatible with iOS and Android operating systems, but you should note that it may not be compatible with older versions of these systems.

2 – Your Choice about Telematics

The App comes with a built-in telematics feature called ‘myTrips’ which collects data relating to road journeys you make. These will include journeys when you are driving, and also when you are a passenger in other vehicles (including when you are travelling on a bus or in someone else’s car) or when cycling on a road. By allowing us to assess and score this data, you could get a discount at renewal. But don’t worry, there’s no downside – we promise your price will not increase because you’ve used this feature.

IMPORTANT: The ‘myTrips’ telematics feature is activated by your response to the App requesting location data. By allowing the App to ‘always’ access location data, you are opting in to the ‘myTrips’ feature.

If you do not wish to opt in to ‘myTrips’ you should select ‘Never’ when the App asks you for permission to access location data.

From late 2019, Apple iOS13 does not allow apps to request ‘Always’ when they are first installed. If you are an Apple iOS 13 user, you will need to select ‘Allow While Using App’ when the app initially requests permission. This will allow the ‘Always’ option to be available a short while later. Failing to select ‘Always’ will cause the iPhone to revert to ‘Never’ and your trips will not be recorded.

If you opt in to using ‘myTrips’, we will capture location data from the App when you use a vehicle. We will then use this location data to build a pattern of your journeys, including routes, times and speeds. If you are driving, this data will indicate how you drive and the risk you are exposed to on the road. The App will also collect data when you are a passenger in a car driven by somebody else. It may also collect data from other road journeys, for example bus or cycle, when you are carrying your smartphone.

We will use this information to calculate an overall score of how risky we feel your total road use and travel pattern is. Low risk customers will be rewarded with a discount on their renewal price.

The only price change we will make as a result of ‘myTrips’ telematics data derived from your use of the App will be a price reduction. We promise not to increase prices up as a result of this data, even if it suggests customers have high risk travel patterns.

On some phones (notably iPhones running iOS11.0 and later) a third option is available for accessing location data – “Only when the app is in use’. Selecting this option will not activate ‘myTrips’ telematics journey recording, but if you use the claims assistance feature in an emergency, it will enable the App to capture your location so that we can send help if you require it.

If you decide not to allow access to location data, you are opting out of the telematics feature. You can still use the other features of the App. You may opt in at a later date by enabling location data access from the settings of your smartphone.

Please note that in order for us to be able to assess your telematics data, you need to use the telematics feature of the App for approximately 3 months, collecting at least 500 miles’ worth of journey data.

Association to vehicle

At the point of registration or initial login, the App will ask you to select the relevant vehicle registration number from the list of vehicles available on your policy. You should select the vehicle you drive most often, and you should be the insurance policyholder. If you do not select a currently insured vehicle, or if you select a vehicle you are not the policyholder for, we will still collect data but you may not be able to earn a discount on the policy.

3 – How we collect and use telematics data

If you have consented to share telematics data with us, when the App detects movement that it determines to be vehicle use (either with you driving, or you as a passenger in or on a moving vehicle) it will collect date, time, location, and the speed and direction of movement relating to the way you travel. This information includes:

  • Date
  • Time
  • Latitude
  • Longitude
  • Heading/Direction
  • Speed
  • Duration
  • Distance
  • Acceleration
  • Deceleration (Braking)
  • Lateral acceleration (Cornering) • Other associated movement information, such as steps and elevation, to help Elephant determine whether vehicle use is occurring or not, and whether the phone is being used or handled during a vehicle journey

In these Additional App Conditions of Use, we call the information referred to above as “telematics data”.

Aside from telematics data, the App collects general information on the type of phone and operating system that is being used, the status of the phone system including battery level, Bluetooth and Wi-Fi use, and the way the features within the App are used. These non-telematic data points will be collected even if you opt out of the telematics feature, as they are used by our developers to identify software issues, improve the stability of the App and make software improvements. This data will also be used to analyse which features and areas of the App are used, and how frequently they are accessed.

When Data is Collected:

The App will collect information when you are driving or are in a moving vehicle on a road, including for example a bus or bicycle. It then transmits this information to us some time later, when a Wi-Fi connection is present.

The App will only report your location to us in real-time if you use the claims assistance feature, and if you have agreed we can access this data.

Other instances where the App may send real-time data and alerts to us include when you access features of the App that require real-time response, such as live chat, or when diagnostic data is captured in the event of an error or a software crash. Please note these instances do not send location details to us, and are purely used to provide the service you have requested or to help us to diagnose and improve upon the performance of the App.

Privacy & Security

Usage of the App is subject to our Privacy Policy . Further details relating to our use of your personal data are available in our Privacy Policy . How Your Data is Used:

Elephant, will use the data collected by the App for the purposes of:

  • Calculating and charging insurance premiums based on overall vehicle usage, compiling and generating scores relating to the level of risk we feel vehicle use, road use and travel patterns present. As we have stated above however, the price we quote you for insurance will not increase as a result of your use of the telematics features of the App.
  • General research and analysis, mapping purposes, researching and refining techniques for analysing mobility and driving data, and the supply of traffic data. Where appropriate the data will be masked before being used for such purposes, so it will not identify any individual, vehicle user or policyholder.
  • Provision of the insurance services under the policy, including management of claims, underwriting and policy servicing. Data will be used for any underwriting or claims development or investigations that may be required, and for fraud prevention, detection and investigation purposes.
  • Data will be used for the Administration of your insurance policies, please see the T&Cs of your insurance policy for further details.

Other people using your phone

The App is designed to be used with the main smartphone normally carried by the policyholder of the Elephant motor policy, as it provides quick and easy access to policy services. We do not recommend the App is downloaded to a tablet or any device which is not owned or mainly used by an Elephant policyholder.

As the App collects data based on the movement of your smartphone, you should inform anyone else who uses or borrows your phone that if location services are set to ‘always allow’ the App will capture journeys they make whilst they are in possession of your phone. As noted above, you should also note that use by other people may affect the overall score we assign to your driving behaviour. If you do not like this feature, you should not opt into telematics.

4 - Claims assistance feature

By submitting an assistance request alone, you will not be deemed to have reported a claim. You are still required to fully report all claims, accidents and incidents, regardless of fault, to Elephant within 48 hours, as per general condition 2 of your policy. Please see ‘Your Car Insurance Guide' for further information on general condition 2.

5 – Data charges and battery life

The telematics feature does not use any 3G / 4G mobile data. To reduce usage of your data allowance and battery life, the App only sends us telematics data when you are connected to Wi-Fi.

Using the other services of the App via 3G/4G Mobile data connection – for example, when viewing policy details, checking the ‘contact us’ section, or viewing trip details in ‘MyTrips’ will consume mobile data and battery at a rate similar to normal internet browsing.

Once activated, the telematics feature of the App uses GPS to collect telematics data. In normal use, for example an hour’s worth of driving per day, the App will typically use between 2% and 5% of the available battery. However, usage may be considerably more in cases where frequent and/or long journeys are made. To preserve your battery, data collection will be halted when the App detects the battery is low, typically when capacity has reached 25% or less. Please note that repeated or frequent failure to record journey information due to low battery may affect our ability to provide you with a discount.

We are not liable for any mobile data or pay-as-you-go wi-fi charges you may incur by using the App, whether on a UK network or whilst data roaming abroad.

Costs vary by network; please contact your mobile service operator for more detail on data charges.

6 – Discounts, cancellations and complaints

Discounts

Any discounts earned will be applied at the next renewal of your policy in the form of a percentage reduction of your renewal premium. No cash alternatives or rebates for current or previous terms of cover are available.

The discount you are awarded depends on your individual policy details, the amount of data we have collected via the App (in terms of elapsed time, number of journeys and miles covered) and our assessment of the risk indicated by the telematics data we have collected.

In order for us to make a reliable assessment of your Telematics data, we need to understand your overall pattern of travel over a period of time. As a result, you should use the Telematics feature of the App for approximately 3 months and collect at least 500 miles worth of journey data during this time. If you do not collect enough journey data or use the App for long enough for us to make a reliable assessment, we will be unable to provide you with a discount.

Exclusions to discount

If the App has not collected enough data for us to provide a reliable score, you will not qualify for a discount at renewal. If you continue to use the App and allow it to collect sufficient data, we will endeavour to provide a discount at your subsequent renewal.

If, when you set up the App you selected an expired vehicle, or a vehicle you were not policyholder for, we will collect data but you may not receive discount at renewal, as we do not have an accurate vehicle to associate the discount with. You should ensure the vehicle you select within the App is actively insured on your policy and you are a policyholder for the vehicle.

If we determine that the data collection of the App has been deliberately interfered with, unnecessarily interrupted on multiple occasions, or that any data has been misrepresented in an attempt to manipulate a discount, you will not be eligible for a discount.

We will be unable to provide any discount if we are unable to collect sufficient data due to circumstances beyond our control, such as a lack of GPS coverage, faulty smartphone hardware/software, or changes or restrictions to phone Operating Systems introduced by Apple or Android.

Stopping data collection

If you want to stop the telematics feature of the App collecting telematics data at any time, you can either:

  • Change the permissions settings in your smartphone so that the App cannot access location data, or:
  • Delete the App from your smartphone - however this will prevent you utilising the other features on the App.

If your Elephant policy is cancelled for any reason you should either revoke location permissions or delete the App, as described above, at the point the cover ceases. If you forget to do this, our cancellation safeguard system will automatically cut off the data collection within 72 hours of cancellation, however data may still be recorded during this 72 hour period.

Please note that whilst the above measures will stop data collection, any data collected before this point will be retained by Elephant and used as described in these App Conditions of Use and the Privacy Policy .

We may also withdraw the telematics functionality provided by the App at any time, by giving 48 hours’ notice to you. We may notify you in writing (including email) or via content in the App itself. We may also terminate your use of the App in the event that you fail to comply with any of the conditions set out in section 7 below.

Complaints

If you have any complaints regarding the App, please contact

customerassurance@admiral.com

0330 333 5888

Or write to:

The Complaint Manager, Elephant

Ty Admiral, David Street Cardiff

CF10 2AA

7 – End user Licence Agreement (“EULA”)

The App is licensed to you on the basis of this EULA and subject to any rules or policies applied by Appstore providers Google Inc and Apple (each an “Appstore”) found at

https://policies.google.com/privacy/key-terms?hl=en and

https://www.apple.com/legal/internet-services/itunes/uk/terms.html#SERVICE

(“Appstore Rules”), from either of which you downloaded the App onto your device or smartphone. The Appstore Rules include those terms and conditions that apply to your use of Google Maps or Apple Maps when using the App. We do not sell the App to you. We remain the owners of the App at all times.

Important notice:

By clicking on the “Accept” button below you agree to the terms of the licence which will bind you.

If you do not agree to the terms of this licence by clicking on the “Accept” button below, access to the App will cease to continue. In those circumstances we recommend you delete the App from your device.

OPERATIVE CLAUSES

Acknowledgements

The terms of this EULA apply to the App or any of the services accessible through the App (the “Services”), including any updates or supplements to the App or any Service; unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

We may change these terms at any time by sending you an email, an SMS or a push notification with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and the Services.

From time to time updates to the App may be issued through the relevant Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

By using the App or any Service, you acknowledge and agree that internet and wireless transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

The App or any Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

Grant and scope of licence

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on your smartphone or other device, subject to these terms, the Privacy Policy and the relevant Appstore Rules applying to your device, incorporated into this EULA by reference. We reserve all other rights.

You may use and display the App on your smart phone or device for your personal purposes only.

Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

  • not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
  • not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: - is used only for the purpose of achieving inter-operability of the with another software program; - is not unnecessarily disclosed or communicated without our prior written consent to any third party; and - is not used to create any software that is substantially similar to the App;
  • to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
  • to include our copyright notice on all entire and partial copies you make of the App on any medium;
  • not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service, together “Licence Restrictions”.

Acceptable use restrictions

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
  • not use the App whilst operating a vehicle. Using a hand-held device whilst driving is illegal.
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service 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 any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

You acknowledge that all intellectual property rights in the App and the Services anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, App or the Services other than the right to use each of them in accordance with the terms of this EULA.

You acknowledge that you have no right to have access to the App in source-code form.

Availability of the App and the Services

While we will make reasonable efforts to provide the App and the Services, we will not be liable for any failure to provide the App or the Services in part or full, for any cause that is beyond our reasonable control. This includes, in particular, any suspension of the App or the Services resulting from maintenance and upgrades to our systems or the systems of any party used to provide the App or the Service, outages on any phone network or in the case of mobile networks where you are in an area of mobile coverage.

The App and the Services are provided “as is” with no representation, guarantee or warranty of any kind as to any functionality.

Limitation of liability

You acknowledge that the App is provided at no cost to you and has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time, we granted you the EULA.

Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50.

Nothing in this EULA shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; and • any other liability that cannot be excluded or limited by English law.

Termination

We may terminate this EULA immediately by written notice to you:

  • if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so; or
  • if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

On termination for any reason:

  • all rights granted to you under this EULA shall cease;
  • you must immediately cease all activities authorised by this EULA, including your use of the App and any Services;
  • you must immediately delete or remove the App from all smartphones or devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and
  • we may disable the App and cease providing you with access to the Services.

Other important terms

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Please note that this EULA, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

June 2024