Terms of Use for HELP+ASSIST Mobile Application

1. General information

1.1  These terms of use (hereinafter referred to as the ‘Terms of Use’) govern the use of the HELP+ASSIST mobile application (hereinafter referred to as the ‘Application’).
1.2  The Application is operated by RENOMIA, a. s., ID No.: 483 91 301, with its registered office at Holandská 874/8, Štýřice, 639 00 Brno, entered in the Commercial Register maintained by the Regional Court in Brno, Section B, File 3930 (hereinafter referred to as the ‘Provider’). 1.3  These Terms of Use are accessible to the User in text form within Google Play or App Store or on the following website https://www.renomia.com/terms-of-use-for-helpassist-mobile-application (hereinafter referred to as the ‘Website’).
1.4  Before logging in the Application for the first time and using the Application, each User is obligated to get acquainted with the Terms of Use. The User agrees to these Terms of Use by downloading the Application and starting to use the Application, i.e., particularly using any information contained in it in any way.
1.5  The publication of any data or information in the Application, with the exception of the Terms of Use, does not have the nature of any legal action aimed at creating or modifying the legal relationship between the Provider and the User or Partner and the Partner’s User beyond these Terms of Use (i.e. an offer, fulfilment of obligations, etc.) unless expressly stated otherwise by the Provider in individual cases.
1.6  In particular, the Application does not replace the procedure of reporting a damage claim by the User; it only facilitates communication with the Provider or Partner and facilitates obtaining evidence and necessary information for the purpose of settling the claim. The Provider operates the Application in accordance with Section (2) (5) of Act No. 170/2018 Coll., on distribution of insurance and reinsurance, as amended, according to which the insurance intermediary, inter alia, carries out activities consisting in assistance with the administration of insurance and with the exercise of insurance rights.

2. Using the Application

2.1  The Application is intended for all users - natural persons, especially natural persons who are clients of the Provider OR clients of some of the companies interconnected with the Provider through assets or otherwise cooperating with the Provider the current list of which is available at https://www.renomia.com/list-of-companies (hereinafter referred to individually as the ‘Partner’ or jointly as ‘Partners’) or are employees of the Provider’s OR Partner's client who have reached the age of eighteen (18) and acquired full capacity (hereinafter jointly referred to as ‘Users’).
2.2  No registration is required to use the Application.
2.3  The Application enables its Users to:

• provide information on the insurance event;
• obtain basic advice on how to proceed at the location of the insurance event and contacts to assist in the given situation;
• communicate with the Provider OR the Partner regarding the progress of the insurance event and its subsequent investigation.

2.4  Furthermore, the Application enables its Users to:

• use the geolocation function;
• upload photographs and other information about the insurance event.

2.5  The User is not required to provide any additional data to enter the Application.

3. Principles of using the Application

3.1  Use of the Application is free of charge and voluntary and is limited only to the purposes serving Users listed herein.
3.2  To use the Application, the User must download the Application to his/her device. To download, install and use the Application on the device, the User is obliged to have Internet connection. The minimum requirements for the devices and device types on which the Application can be downloaded are specified in Article 4 of the Terms of Use.
3.3  When using the Application, the User is responsible for his/her own device and information systems that he/she uses when using the Application as well as for their settings. The Provider is not responsible for the User's devices or systems, nor for the use of these devices and systems by unauthorised persons.
3.4  The language of the Application is Czech language.

4. Technical conditions to use the Application

4.1  To use the Application, the User must download the Application from Google Play or App Store, depending on the operating system of his/her device.
4.2  The Application can be downloaded to devices, especially to mobile phones, which have Internet connection and which work on the Android or iOS operating system.
4.3  The Provider is obligated to take all steps within its technical capabilities to ensure the functionality and availability of the Application. However, the Provider is not responsible for the availability of the Application.
4.4  Individual models of devices have access to certain software versions. From a technical point of view, the appropriate software version may not be available for some device models. If the appropriate software version is not available for the given device, the User cannot use the Application. However, the Provider strives to provide software for as many device models as possible. With regards to the ever-changing offer of products on the device market, the Provider cannot provide an up-to-date list of devices on which the Application can be used.
4.5  Use of the Application requires in particular:

• a sufficiently charged device,
• an Internet connection.

4.6  Installation of the Application and its use requires data transfer from the User's device. The volume and frequency of data transmission depends on the method and scope of use of the Application. The connection costs for data transmission are borne by the User. Their amount depends on the contract concluded between the User and the specific Internet service provider.
4.7  The Provider may publish and offer updates to the Application. For the proper operation of the Application, it is necessary to update it. The Provider does not guarantee the proper functioning of the Application unless the User has downloaded and installed the update provided by the Provider on his/her device.
4.8  Using some features of the Application may require access to certain resources of the User's devices, such as photos/multimedia, device identifier and connection information or geolocation. Denying access to such resources may limit the functionality of the Application.
4.9  To ensure proper operation of the Application, the device on which the Application is installed:

• must not have modifications to the operating system installed, in particular modifications consisting in breaching the device security protection of the device manufacturer or the operating system manufacturer (the so-called jailbreaking or rooting);
• must enable Internet connection.

4.10  The Provider does not accept any responsibility for Internet functionality or for malicious software (viruses, malware, etc.).
4.11  Due to a serious reason (such as a reasonable suspicion that the User violates the Terms of Use, in particular by interfering unlawfully in the mechanism of operation of the Application) which has an impact on the use of the Application, the Provider may block the Application. Blocking the Application prevents the User from using the Application.

5. Geolocation

5.1  When using the Application, the User has the option to grant or refuse to grant consent to the processing of data at the User's location. If the User gives his/her consent, his/her current position can be processed for the purpose of registering the most accurate data on the reported insurance event. In this case, the User is asked to turn on the GPS function on the User's device.
5.2  Granted consent to the processing of the User's location data is not a condition of using the Application, but its rejection results in restrictions on the functions of the Application that use geolocation (e.g. uploading or sharing the current location to record this information as part of an insurance event investigation).
5.3  The User acknowledges that the data provided via the Application, including data on the location (if provided), will be passed onto his/her employer or a business partner who is a client of the Provider or the relevant insurance company with which the vehicle is insured.

6. Application security

6.1  The Provider recommends that the User uninstall the Application from the device when the User stops using the device and before handing it over to a third party.
6.2  The Provider makes every effort to ensure a high degree of technical security of the Application and Users' data. However, the Provider announces that due to the specifics of information technology, the vulnerability of the Application may be identified in the future in the event of certain threats. For this reason, the Provider recommends updating the Application and states that it may from time to time issue messages containing instructions regarding security policies related to the use of the Application.
6.3  The User undertakes not to circumvent or interfere with any technological security measures in the Application or to disassemble, decompile or reverse engineer the Application as a computer program.
6.4  The User undertakes that when using the Application, he/she will follow the Terms of Use, generally binding legal regulations, good morals and will not damage the good name of the Provider, the relevant insurance company with which the vehicle is insured or other Users in any way.
6.5  The User further undertakes not to:

• interfere with the security, technical nature or content of the Application or otherwise misuse it;
• interfere with the use of the Application by other Users; and
• use the Application in any unauthorised way.

6.6  The Provider is entitled to change and modify the functions, settings, user interface and any other parameters of the Application at any time without any prior notice to the User, with which the User expressly agrees.
6.7  At any time, the Provider is entitled to interrupt or limit the provision of all or some of the services and functions of the Application to perform maintenance, repairs or modifications (including updates and upgrades) of the Application. Therefore, the Application may not be available at all times. Functionalities of the Applications may be subject to change as part of maintenance, repairs or modifications.
6.8  The Provider reserves the right to stop providing the Application or providing support to it at any time.

7. Personal data protection

7.1  The protection of the User's personal data is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as ‘GDPR’).
7.2  Using the Application, the User acknowledges that

1. RENOMIA, a. s., ID No.: 483 91 301, with it registered office at Holandská 874/8, Štýřice, 639 00 Brno; OR
2. a company interconnected with RENOMIA, a.s. through assets or otherwise cooperating with RENOMIA, a.s. with which the User has concluded the relevant contract on insurance provision and administration (also regulating the activities of the Controller consisting in assistance with exercising rights from provided and managed insurance contracts) and which is included on the list available at https://www.renomia.com/list-of-companies (hereinafter referred to as ‘Controller’), is, as the Controller of personal data, entitled to process his/her personal data in the scope specified when using the Application or other voluntary data communicated to the Controller for the purposes of using the functions by the User within the Application and fulfilling insurance distribution activities by the Controller (provision or arrangement of insurance) according to Act No. 170/2018 Coll., on the distribution of insurance and reinsurance, as amended. Within the Application, the Users' personal data are strictly technically separated so that only the selected Controller according to this Article 7.2 of the Terms of Use, i.e. the Provider or the relevant Partner, has always access to them. If the Controller is a Partner, the Provider acts as a processor of personal data in relation to the User's personal data processed by the Controller.

7.3  The User provides the following data via the Application: vehicle registration number, date and time and description of the insurance event; optionally his/her name and surname, telephone number, photographs of the insurance event (car accident) and the location of the insurance event (by describing or enabling GPS localisation). The User acknowledges that when uploading photos within the Application, the User is obligated to observe the principles of privacy and data minimisation and to upload only photos capturing evidence of the damage incurred and its amount. In particular, the User may not take and upload to the Application photographs of facts irrelevant for the documentation of the insurance event on the location (including e.g. persons and personal documents).
7.4  Personal data are processed on the basis of the User's consent to the Terms of Use as part of login into the Application (performance of the contract within the meaning of Article 6, (1) (b) of the GDPR), on the basis of fulfilling the Controller's obligations under Act No. 170/2018 Coll., on distribution of insurance and reinsurance, as amended (fulfilment of a legal obligation within the meaning of Article 6 (1) (c) of the GDPR) and on the basis of legitimate interests of the Controller (purposes of a legitimate interest within the meaning of Article 6 (1) (f) of the GDPR).
7.5  The provision of the User's personal data is voluntary; however, the provision of certain personal data is necessary for the proper use of the Application.
7.6  Personal data are stored for the duration of the insurance and until the end of the tenth calendar year from its termination if the Controller was informed about it, or until the end of the tenth calendar year from the end of the insurance period in accordance with Section 80 (4) of Act No. 170/2018 Coll., on distribution of insurance and reinsurance, as amended.
7.7  Recipients of personal data are: employer/business partner of the User who is a client of the Controller, cooperating bound agents or additional insurance intermediaries, providers of information and communication systems, technical infrastructure (e.g. IT and/or cloud services), legal representatives (solicitors) of the Controller and furthermore, the Provider as a processor of personal data if the Controller is a Partner.
The Controller shall communicate the current list of recipients of personal data, including personal data processors, to the User upon request.
7.8  The Controller guarantees the Users whose personal data it processes the exercise of their rights arising from legal regulations if the conditions under the GDPR are given, in particular the right (i) to access personal data, (ii) to rectification of inaccurate data or have incomplete personal data completed, (iii) to erasure of personal data if the personal data are no longer needed for the purposes for which they were collected or otherwise processed or if it ascertained that they have been processed unlawfully, (iv) to restriction of processing of personal data; (v) to data portability, (vi) to raise objections leading to the termination of the processing of personal data unless it is proven that there are other legitimate reasons for the processing which outweigh the interests or rights and freedoms of Users, in particular reasons related to designation, performance or defence of legal claims and (vii) to contact the supervisory body which in the Czech Republic is the Office for Personal Data Protection (www.uoou.cz).
7.9  Personal data are protected by the Controller from their disclosure to unauthorised persons as well as from other cases of their publication or loss or unauthorised modification of the stated personal data and information using appropriate technical and organisational measures.
7.10  The User may, as a data subject, exercise the aforementioned rights:

1. as a client of the Provider, with the Provider by emailing dpo.renomia@weinholdlegal.com; more detailed information about the rights and the processing of personal data by the Provider is contained in the Information on the processing of personal data available on the website https://www.renomia.com/informace-o-zpracovani-osobnich-udaju;
2. as a client of the Partner, using the contact details of the Partner specified in the relevant contractual documentation; more detailed information about the rights and the processing of personal data by the Partner is provided on the website of the relevant Partner or in the contractual documentation in question.

8. Intellectual property

8.1  All copyrights, rights to trademarks or other intellectual property objects related to the Application (including text and its design and all graphic elements in the Application as well as the selection and structure of files contained in the Application), not governed by special provisions, in particular Act no. 121/2000 Coll., on copyright and related rights, as amended (hereinafter referred to as the ‘Copyright Act’) or not pertaining to another person by licencing, belong to the Provider and are subject to modification according to relevant legal regulations.
8.2  It is prohibited to apply these intellectual property rights or to use the services and functions of the Application for purposes other than those specified in the Terms of Use. The User is fully responsible for damage caused to the Provider which is the result of the use of the name or trademarks of the Application or the Provider or other intellectual property rights of the Provider without its consent or in violation of the Terms of Use.
8.3  Users may read, view or otherwise consume the content of the Application only in accordance with the purpose of the Application. Copying a part of or all the content in any form is prohibited.
8.4  The User is not entitled to include materials from the Application or any part thereof in any other work or publication in printed, electronic or any other form. In particular, no part of the Application may be distributed or copied for any business purpose.
8.5  By publishing content within the Application, the User declares that he/she has the appropriate rights to publish the content.

9. Liability of the Provider

9.1  The User always uses the Application at his/her own risk. The Provider assumes no liability for direct, indirect or consequential damages resulting from the use of the Application and all implied warranties in relation to the use of the Application are excluded to the extent permitted by law.
9.2  When the User uses the Application, the Provider is not liable for services provided by third parties, such as the quality of Internet connection, the quality of telecommunication services provided by the relevant operator, the fees, etc.
9.3  The Provider is not liable for the impossibility or restriction of the use of the Application due to its inaccessibility caused by e.g. failures of the data transmission network, as well as other circumstances of a technical nature which the Provider is unable to influence or the solution of which requires third party cooperation.
9.4  The Provider is not liable for any unauthorised use of the Application. The Provider is not obligated to compensate the User or third parties for any damage; however, this does not apply to the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended, on the prohibition of exclusion or limitation of the Provider's liability for damages.
9.5  The User shall exclusively bear all consequences that arise either directly or indirectly especially as a result of deviations from the information provided in the Application or breach of the User's obligations, namely obligations under these Terms of Use or obligations set out in generally binding legal regulations.

10. Final provisions

10.1  The Provider reserves the right to make updates and amendments to the Terms of Use from time to time. The Provider will inform the User of any possible changes to the Terms of Use in advance through notifications in the Application. The new or updated Terms of Use are effective from the date specified in the notification, but not earlier than 14 (fourteen) days from the date of their notification to the Users; technical and informational changes or changes that do not worsen the position of Users may occur within a shorter period.
10.2  If the User does not agree with the new content of the Terms of Use, he/she can remove the Application from the device.
10.3  Complaints concerning the Application must be submitted to the Provider at its postal address or electronically at https://renomia.atlassian.net/servicedesk/customer/portal/1. The Provider will discuss the complaint no later than within 14 (fourteen) days from the date of receipt of the complaint and notify the User of the acknowledgment of the complaint or the reasons for its rejection by registered letter or electronically (email) to the address provided by the User.
10.4  Situations not addressed in the Terms of Use are governed by the legal regulations of the Czech Republic, in particular the provisions of the Civil Code and the provisions of Act No. 634/1992 Coll., on consumer protection, as amended, and Act No. 480/2004 Coll., on certain information society services and on amendment to some acts (Act on Certain Information Society Services), as amended.
10.5  The parties will try to resolve all disputes arising between the Provider and the User in connection with the use of the Application by agreement.
10.6  In the event that a consumer dispute arises between the Provider and the User as a consumer, which cannot be resolved by mutual agreement within thirty (30) days, the User may submit a proposal for out-of-court settlement of such a dispute to the designated out-of-court consumer dispute resolution body that is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e mail: adr@coi.cz, web: adr.coi.cz. The User as a consumer can also use the European Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/ in the event of a dispute.
10.7  These Terms of Use take effect on 13 November 2020.

Date of the last update: 25. 3. 2021