Terms and Conditions 

Effective 22nd March 2022

You must read, understand and accept these Terms and Conditions and Privacy Policy before proceeding.

These Terms and Conditions are between you and us and they: govern your access to the services provided and set out the legally binding terms for your use of the services (noted below).

By downloading this App and agreeing to these Terms and Conditions the following information will apply to you. Please read them carefully. You can view these Terms and Conditions and Privacy Policy at any time on the App under the Skills and Knowledge section.

By accepting these Terms and Conditions, you are consenting to the use of the data collected by the App, as outlined in these Terms and Conditions.

The App, all trademarks, copyright, database rights and all other intellectual property rights related to the App belong solely to iTelematiX Limited.

Definitions

Wherever the following words or phrases appear in bold, they will have the meanings described below.

You/your – The user of the App.

We/us/our – iTelematiX Limited, the service provider, who supply and manage the FourFive App. iTelematiX Limited is located in the United Kingdom and registered with the Information Commissioner’s Office (registration number ZA228939) as a Data Controller (as defined in the General Data Protection Regulation (GDPR)).

Broker – Either Adrian Flux Insurance Service, Herts Insurance Consultants Limited or Sterling Insurance Services, who sponsor the App.

App – The FourFive mobile application that is published by iTelematiX.

Data – The information recorded by the App.

Data Controller – iTelematix Limited and the Broker (either Adrian Flux Insurance Services or Herts Insurance Consultants Limited or Sterling Insurance Services) are the joint Data Controllers.

Services

In consideration of you agreeing to abide by these terms, we grant you a non-transferable, non-exclusive licence to use the services. The services are made available for your own personal use and must not be used for any commercial purpose whatsoever or any illegal or unauthorised purpose.

In particular, but without limitation, you agree not to:

1. use the services in any unlawful manner or for any unlawful purpose, or in a manner which promotes or encourages illegal activity including (without limitation) infringements of any road traffic laws or privacy regulations or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the related services or any operating system;
2. attempt to gain unauthorised access to the services or any networks, servers or computer systems connected to the services;
3. modify, adapt, translate or reverse engineer any part of the services or reformat or frame any portion of the pages comprising the Services, save to the extent expressly permitted by these terms or by law;
4. 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; or
5. rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App.
6. use the App on a device running an operating system other than official standard releases of iOS 14.0 or Android V8.0 (Oreo) or subsequent official standard releases.

The App provides you with the ability to review your driving behaviour and review the journeys you have made.

This process involves collecting telemetry (GPS and accelerometer) data from your mobile device and transmitting it via GPRS to us. We also use motion sensing data from the device to automatically terminate practice sessions.  We will process your personal information and securely transmit some of it over the internet.

The services offered by us includes the App (including any updates, new versions or new releases thereof) for mobile devices, supporting services and the associated content.

The data

1. We do not guarantee that the data will be fault free and we do not accept any liability for any errors or omissions.
2. Due to the nature of technologies used to deliver the FourFive Service including, without limitation: The Global Positioning System (GPS) satellite signals, wireless (GMS/GPRS) and the electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the FourFive Service, or from any use of the FourFive Service or reliance on the data transmitted using the App, is excluded to the fullest extent permissible by law.

Sharing Information

Subject to your privacy settings, you may share some of the information held within the App, such as journey details, trophies and countdown to your driving tests. If you decide to share your activities with social networks, unintended people may have access to the shared information. You should always use caution if sharing information via third parties and you should consider the privacy practices of such third parties. We hold no responsibility for sharing activities.

Content

The copyright in all material contained on, in, or available through the services including all information, data, text and graphics, the selection and arrangement thereof, and all source code, software compilations and other material is owned by, or licensed to, us, Driver and Vehicle Standards Agency (DVSA) or the Brokers. All rights are reserved. You can view, print or download extracts of the material for your own personal use, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the material without express permission. This is without prejudice to your right to request your personal information pursuant to a subject access request under the GDPR.

The trademarks, service marks, names, images and logos contained on or in the services are owned by us, DVSA or the Brokers. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the trademarks without our prior written consent.

iTelematix Disclaimer / Liability

Use of the services is at your own risk. The services are provided on an ‘as is’ basis. You acknowledge that the services have not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the services meet such requirements.

The service is supplied solely for your domestic and private use. You agree not to use the services 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 accept no responsibility whatsoever for the quality of your driving behaviour or. You will not rely on the data for any insurance claim, legal action or civil dispute in which you may engage, nor by your acts or omissions cause a third party to rely on the same for any purposes.

Nothing in these terms shall be construed as excluding or limiting our or liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.

Service duration, alteration and amendment

We reserve the right to suspend or cease providing any of the services at any time, if, for example, we no longer provide the services or if you are in breach of these terms. We shall have no liability or responsibility to you in any manner whatsoever if we suspend or cease providing any of the services in accordance with these terms.

Legal jurisdiction

To the extent permissible by applicable laws, these terms shall be governed by, and construed in accordance with, English law. By using our services, you submit to the exclusive jurisdiction of the English Courts to resolve any disputes that may arise out of them. Any provision of these terms declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.

Data charges

Your mobile network operator may apply network and roaming charges for data transfer when using our services. Please consult with your mobile network provider for the charges and fees that they may apply to you.

We accept no liability or responsibility for technical errors or communication failures in networks and/or internet access. We do not accept liability for any incurred data or subscription charges whilst using the App.

Changes to these Terms

We reserve the right to amend these Terms and Conditions at any time. Amendments will be made available to you with an update to the App. Please check these updates for any changes we make. Please note that if you continue to use the services following the issue of any such updates, this will be an indication of acceptance of the revised Terms and Conditions, and such revised Terms and Conditions shall be binding on you. If you have any questions in respect of revisions to these terms, please contact us.

For your own benefit and protection, you should read these terms carefully before agreeing to them. If you do not understand any point, please ask for further information.

This privacy notice specifically relates to your use of the App and any associated communications.

We are committed to safeguarding your privacy; this policy sets out how we will treat your personal information.

• information about your device and App usage (including the duration and number of sessions, App launches/opens/updates, operating system, device model, geographical location, referral source and app navigation and general usage)
• information that you provide to us or the Broker for the purpose of email notifications, registering with us, newsletters and/or entering a competition
• information in relation to your use of the Fourfive App including:
  • summary details of your practice driving sessions including the start and end location and date/time together with characteristics of your route (but not the specific route)
    
  • any feedback events that were triggered and the details of these events
  • details of any quizzes you have taken including your answers
  • details of any videos you have watched or interacted with and when you did this
  • if you have entered your registration, we will record this together with the MOT and Tax status of your vehicle
  • your mobile phone number, test date and status if you have entered these details
  • If you use the App to request an insurance quotation from a Broker organisations we will record this event
• information you have given us in person, for example at a show or trade fair
• information you have given to other organisations who have permission to share that information with us as a Data Processor as defined in the UK GDPR.
• information you have made publicly available and, where we have a legitimate reason to review it
• Internet data, for example: information collected by cookies and other online technologies such as Facebook pixels and Google Analytics, as you use our websites, the App or contact us by online methods
• information you may provide when you contact us to request information or suport or to make a complaint
• information you may provide when you take part in a competition, prize draw or survey
• any other information that you choose to send to us
  
  

Using your personal information
Depending on your relationship with us, we may use your data as follows.

On the basis of you being referred to us by a broker, we may use your data as follows:

• to enable the functional operation of the App, to personalise your experience and offer you relevant feedback, hints and tips
• to reward you with trophies
  
• to unlock specific content based on your experience and history with the App
  
• send you email, SMS and push notifications to enhance your experience with the App
• to create a personalised profile of your driving development
  
• to enable our sponsoring Brokers to offer you relevant products and services when requested by you
  
• with your permission to share your details on our leaderboard
• demonstrate compliance with applicable laws and regulations
  
• respond to any complaint or legal claims
• to send to you by email or similar technology, including SMS and push notifications, our newsletter and other marketing communications relating to our business which we think may be of interest to you where you have specifically agreed to this. You can inform us at any time if you no longer require marketing communications
  
• to send you goods if you win a contest
• to invite you to review the App either directly on the App Store, Google Play or via a trusted third-party service, such as Trustpilot

We also use your data anonymously to:

• understand how the App and our websites are used in order to monitor and improve our business, products and services
  
• provide third parties with statistical information about our users, their behaviour and their interactions with this App
  

If you have given us consent, we may use your data as follows;

• to enable the functional operation of the App, to personalise your experience and offer you relevant feedback, hints and tips
• to reward you with trophies
• to unlock specific content based on your experience and history with the App
  
• send you email, SMS and push notifications to enhance your experience with the App
  
• to create a personalised profile of your driving development
  
• to enable our sponsoring Brokers to offer you relevant products and services when requested by you
  
• with your permission to share your details on our leaderboard
  
• demonstrate compliance with applicable laws and regulations
  
• respond to any complaint or legal claims
  
• to send to you by email or similar technology, including SMS and push notifications, our newsletter and other marketing communications relating to our business which we think may be of interest to you where you have specifically agreed to this. You can inform us at any time if you no longer require marketing communications
  
• to send you goods if you win a contest
  
• to invite you to review the App either directly on the App Store, Google Play or via a trusted third-party service, such as Trustpilot

We also use your data anonymously to:

• understand how the App and our websites are used in order to monitor and improve our business, products and services
  
• provide third parties with statistical information about our users, their behaviour and their interactions with this App
  

You have the right to object to our use of your personal information by contacting the Data Protection Officer as detailed below, at which time your access to and use of the App will also terminate.

Disclosures

We may disclose information about you to any of our employees, officers, agents, suppliers or subcontractors and Brokers  insofar as reasonably necessary for the purposes as set out in this privacy policy. In addition, we may disclose your personal information:

• to the extent that we are required to do so by law
• in connection with any legal proceedings or prospective legal proceedings
• in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk)
• to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling
  
• to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information
  
• Except as provided in this privacy policy, we will not provide your information to third parties.

International data transfers

Information that we collect may be stored, processed and transferred between any of the countries in which our cloud service provider operate in accordance with this privacy policy. In most cases data will remain within the EU, however in the event that data is stored or processed outside of the EU it will remain compliant with GDPR and DPA 2018.

Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure cloud servers.


Retaining and destroying data

We retain information about you and any products you purchase to meet a number of legal and regulatory requirements, as well as our own legitimate business interests. This period is 24 months after you have last agreed to these terms and conditions.  For the period we retain your information, it is held securely by us or by third-party service suppliers contracted to store it on our behalf.

Policy amendments

We may update this privacy policy from time-to-time. You should check the www.fourfiveapp.com website occasionally to ensure you are happy with any changes. We may also notify you of changes to our privacy policy by email or through the App.

 
Your rights
 
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to the supply of appropriate evidence of your identity. We may withhold such personal information to the extent permitted by law.

You may also instruct us not to process your personal information for marketing purposes by sending an email to us withdrawing your consent. We will provide you with an opportunity to opt-out of the use of your personal information for marketing purposes in all email communications.

Your right to erasure (the right to “be forgotten”)

You have the right to request that your personal information is erased in certain circumstances.

If you ask us to erase your information, we will either confirm to you that this has been done, or if we are unable to delete it, let you know why and also inform you how long we will hold it for.

Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.

How you can contact us

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by emailing us at FourFive@itelematix.com  or by post to: The Data Protection Officer,  iTelematiX Limited, Grovelands Business Park, East Haddon, Northamptonshire, NN6 7PH, United Kingdom