SMARTtrek® Mobile App Driving Program
Terms and Conditions
CSAA Insurance Group, a AAA Insurer
(Version dated December 9, 2020)
These Terms and Conditions (“Terms and Conditions”) set forth the terms for participation in the SMARTtrek Mobile App Driving Program (“Program”) sponsored by CSAA Insurance Group. The CSAA Insurance Group consists of CSAA Insurance Exchange, CSAA General Insurance Company, CSAA Fire & Casualty Insurance Company, CSAA Affinity Insurance Company, CSAA Mid-Atlantic Insurance Company and CSAA Mid-Atlantic Insurance Company of New Jersey (the “Company,” “we,” “our,” and “us”). Enrollment in the Program is by invitation only and your invitation will provide an activation code for the SMARTtrek mobile app (the “App”). The Program is a voluntary, mobile app driving program that tracks how safely you drive and is governed by these Terms and Conditions. You must be invited to participate in the Program. If you accept the invitation, you will be asked to install the App and register. Once your registration has been accepted, you will receive a unique activation code to activate the App. Once the App is activated, you can begin driving and receive feedback on your trips through the App.
Your participation in the Program is expressly conditioned on your acceptance of these Terms and Conditions. The Company reserves the right to modify these Terms and Conditions, or discontinue the Program, at any time. Updated Terms and Conditions can be viewed through the App. If you do not agree with any part of these Terms and Conditions, you should not participate in the Program. Your continued use of the App following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
App Program Eligibility and Requirements
The following are requirements for eligibility for participating in the Program:
How the App Works
The App will collect information about trips that you take with your smartphone (“App Data”) including when you are driving a vehicle, riding in a vehicle as a passenger, taking other transportation such as public transportation, riding a bike or even walking (if walking quickly). The App Data would include, for example, the start and end times of each trip, trip distance in miles, speed, hard braking/smooth driving events, GPS/location information, and accelerometer data. The App Data also includes the smartphone’s mobile phone number, cellular call state and mobile device information including the battery level, International Mobile Equipment Identity (IMEI for short) and operating system, and information about when your smartphone is used for a phone call (whether using a hands-free “blue tooth” type device or not) during a trip and when you interact with your smartphone during a trip by touching or swiping it.
The Company is providing the Program in conjunction with Company’s partner and vendor organizations such as the provider of the App, The Floow. These organizations other than Company are referred to collectively as “Program Partners.”
There is no fee for the App. You must download and install the App and drive regularly to participate in the Program. Through the App you will be able to review information about your trips. Once downloaded and registered, the App will run in the background and collect App Data, which will be uploaded to Company and/or its Program Partners and available for review through the App while you are participating in the Program.
The App should be continuously enabled on your smartphone in order for you to participate in the Program. Reporting capabilities are subject to cellular network coverages. The App is provided free of charge; however, please be aware that your mobile carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Company is not responsible for any usage or data charges you incur while using the App. Company is not responsible for any damage to your smartphone including but not limited to the loss of battery usage or software application error or viruses.
Within the App, you will be able to modify the category of trips to indicate that you were not the driver or not in an automobile. The ability to modify how a trip is categorized will be available for a limited time after the trip is displayed. If too many trips are re-categorized, or we do not receive App Data for a prolonged period of time, you may be removed from the Program.
New Smartphone/New Mobile Phone Number
If you get a new smartphone and have maintained your mobile phone number, to continue to participate in the Program, you will need to install the App on your new smartphone and login using your existing email address and mobile phone number. You do not need to re-register. If you receive a new mobile phone number and/or a new email address, to continue to participate in the Program, you must call SMARTtrek Customer Care to re-register the smartphone with us.
You acknowledge and agree that Company (or one or more third parties, including Program Partners) owns the App and all patent rights, trademark, copyrights and other intellectual property rights embodied or used in the App (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that you do not obtain any ownership interest in any of the foregoing by virtue of your participation in the Program. You agree that in using the App and participating in the Program, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You may not reverse engineer, disassemble, decompile or otherwise attempt to extract the source code of any software used in the App, alter, duplicate, translate, make copies, or create derivative works from the App, except to the extent allowed under applicable law.
Authorized Use and Limitations
The App may be used only for personal, household and family purposes and NOT for any business purpose whatsoever (such as, by way of example, management of a fleet of business vehicles). You may not use the App in any other manner or for any other purpose.
Limitations of Technology
Global Positioning System
The App relies on the GPS function in your smartphone to obtain vehicle location information to collect App Data. To obtain and use GPS location information, the GPS antenna in your phone must have a direct line of sight to the satellites. If this data path is impaired (e.g., underground parking lots), it can affect the ability of the App to recognize and record an accurate location for you.
The App has many complex elements and is not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree, and undertake to inform any users of the App, that neither Company nor any of its Program Partners shall be liable for any lack of privacy or security resulting from the App or the wireless transmission of App Data.
Availability of Cellular Technology/Mapping
The App’s ability to collect App Data is based on cellular technology which may become obsolete in the future as a result of changes in wireless technology or actions by telecom providers or regulators with respect to cellular technology in mapping applications. In addition, the App utilizes maps that are published by third parties and these maps may be or become inaccurate and/or incomplete. Company assumes no responsibility for the accuracy or inaccuracy of any maps used to display trips through the App.
Company shall not be responsible for any failures or deficiencies of the App resulting from any of the foregoing.
License to Use
Provided that you comply with these Terms and Conditions, we grant you a revocable, limited and non-transferrable license to use the App on any eligible smartphone that is owned and controlled by you and as permitted by Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Service, whichever is applicable.
Additional Terms for iOS
If you have downloaded the App from the iTunes App Store, you acknowledge and agree to the following: (i) these Terms and the license granted in above are between you and the Company, and not with Apple, and the Company is solely responsible for the App; (ii) your use of the App is subject to the Usage Rules set forth in the App Store Terms of Service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (iv) The Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App; (v) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility; and (vi) Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
Safe Use of the App
When using the App, please ensure that you:
Term and Termination
Your license to use the App is effective until terminated by you or us. We may terminate your license to use the App at any time with or without cause. You may withdraw from participating in the Program by contacting SMARTtrek Customer Care. You can cancel your participation in the Program at any time and, if you do so, re-enrollment in the Program is at our discretion.
IMPORTANT NOTICE FOR AAA INSURANCE POLICYHOLDERS AND APPLICANTS ONLY:
YOUR APP DATA MAY BE USED FOR PRICING AN INSURANCE POLICY. THE PROGRAM IS ALSO A VOLUNTARY, USAGE-BASED INSURANCE RATING PROGRAM WHICH ALLOWS A COMPANY POLICYHOLDER TO RECEIVE PRICING BASED ON THEIR DRIVING BEHAVIOR FOR THEIR AUTOMOBILE INSURANCE POLICY (THE “POLICY”).
THE FOLLOWING SECTIONS TITLED “ADDITIONAL TERMS AND CONDITIONS FOR INSURANCE POLICYHOLDERS”, “INSURANCE PRICING”, AND “CLAIMS” DESCRIBE ADDITIONAL TERMS THAT APPLY TO AAA INSURANCE POLICYHOLDERS AND APPLICANTS.
Additional Terms and Conditions for Insurance Policyholders
We will use the App Data that we receive for pricing your insurance policy during the initial Policy term and at renewal, as well as for analytical and other purposes described in these Terms and Conditions. After you enroll in the Program and become a policyholder, you will receive an email containing a link to the Company’s MyPolicy web portal (“MyPolicy”). You may view your available App Data online through MyPolicy until fifteen (15) days after your Policy renews, or earlier if you cancel your participation in the Program. We reserve the right to change the presentation of trip information on MyPolicy or to not display trip information on MyPolicy at all. We reserve the right to modify or terminate the Program at any time and for any reason, including, without limitation, changing the trip information presented on MyPolicy or how that information is displayed, or ceasing to present any trip information on MyPolicy.
These Terms and Conditions address only participation and rating under the Program and are in addition to the policy documents that otherwise govern your Policy with the Company. Modifications to these Terms and Conditions can be viewed through the App. Continued participation in the Program or renewal of your Policy by you, as applicable, will constitute your acceptance of any revisions to these Terms and Conditions.
IF YOU PARTICIPATE IN THE PROGRAM, WE MAY USE YOUR APP DATA TO DETERMINE A DISCOUNT OR SURCHARGE FOR THE POLICY. ANY DISCOUNT OR SURCHARGE MAY NOT APPLY TO ALL OF THE COVERAGES UNDER THE POLICY. AVAILABILITY OF DISCOUNTS OR APPLICATION OF A SURCHARGE MAY VARY AND ARE SUBJECT TO POLICY TERMS, UNDERWRITING GUIDELINES AND APPLICABLE LAWS. OUR INTERPRETATION OF WHAT THE APP DATA MEANS IN TERMS OF PRICING MAY CHANGE OVER TIME BASED ON FACTORS WE FILE WITH YOUR STATE'S DEPARTMENT OF INSURANCE. APP DATA MAY ALSO BE CONSIDERED IN DETERMINING PRICING TIER AND IN MAKING UNDERWRITING DECISIONS.
IF YOU WITHDRAW FROM THE PROGRAM WITHIN FOURTEEN (14) DAYS AFTER YOUR ENROLLMENT IN THE PROGRAM (BY INSTALLING THE APP ON YOUR SMARTPHONE AND REGISTERING), THEN APP DATA RECEIVED BY US DURING THE TIME YOU PARTICIPATED IN THE PROGRAM WILL NOT BE CONSIDERED IN PRICING AN AUTOMOBILE POLICY WITH COMPANY. YOU MUST CALL SMARTtrek CUSTOMER CARE TO WITHDRAW FROM THE PROGRAM at 800-814-4684.
If you are involved in an accident, the police and/or opposing parties in litigation may seek to obtain App Data. We will not disclose or use the App Data collected by us to resolve any claims you or another driver of your vehicle may make with us unless either: (1) you or one of the registered vehicle owners have authorized us in writing to use the App Data or (2) the App Data must be disclosed to a third party as required by law or order of court. For example, if a court orders the disclosure of the App Data in connection with a lawsuit involving an automobile accident, then we will be required to give the data to the third party.
We may need to provide the App Data to insurance regulators to support rate or other insurance related filings, or during the course of a market conduct exam. However, should we do so, individually identifiable information does not become part of any public record without the permission of a state agency, such as a Department of Insurance, or a court order.
These Terms and Conditions will be governed and construed in accordance with the laws of the state of California, without regard to conflict of law provisions. Any action arising out of or relating to these Terms and Conditions, the Program, or the App, shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us and you regarding the Program and supersede and replace any prior agreements we might have had between us regarding the Program.
Disclaimers and Limitations
The Company does not guarantee that the App and the use thereof will prevent high risk events, unsafe driving, collisions or that other events will be prevented as a result of your enrollment in the Program. The Company also does not guarantee that all high risk events, collisions, unsafe driving or other events will be recorded. The Company does not guarantee against the failure of the App, the recording of incorrect data, or guarantee full-time availability of the App or access to data.
THE COMPANY FOR ITSELF AND ON BEHALF OF ITS PROGRAM PARTNERS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE APP. THE COMPANY’S AND THE PROGRAM PARTNERS’ SOLE LIABILITY UNDER THESE TERMS AND CONDITIONS AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM. IF THE DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF ENROLLMENT.
YOU HEREBY ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ANY PROGRAM PARTNER IS LIABLE IN ANY RESPECT TO YOU OR PASSENGERS IN YOUR VEHICLE FOR PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH OR OTHER DAMAGES ARISING OUT OF, PERTAINING TO, OR RESULTING IN ANY WAY FROM THE USE, POSSESSION OR INSTALLATION OF THE APP OR ENROLLMENT IN THE PROGRAM. IN ADDITION NEITHER THE COMPANY NOR ANY PROGRAM PARTNER IS LIABLE IN ANY RESPECT FOR FALSE REPRESENTATIONS ON YOUR PART, LOST OR STOLEN USER NAMES AND PASSWORDS RESULTING IN UNAUTHORIZED ACCESS TO YOUR DATA, OR INTENTIONAL OR MALICIOUS CONDUCT STEMMING FROM THE UNAUTHORIZED USE OF THE APP. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT IS EITHER THE COMPANY OR ANY PROGRAM PARTNER LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
We may periodically send you reminders and other information by email and/or phone while you are participating in the Program. You agree that Company, on behalf of itself, and others including its Program Partners, may send communications to you by email at the email address you have provided, by text or SMS to any mobile phone number you have provided, or may call you at your mobile phone number.
SMARTtrek Customer Care
If you have any questions about the Program, including the App, you should contact SMARTtrek Customer Care at 800-814-4684 or email us at AAAHelp@SMARTtrek.com.