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Federated DriveSAFE Terms and Conditions

  1. By downloading the Application, clicking “I agree” during registration, and using and/or accessing the Services, you agree to be bound by the terms of this Federated DriveSAFE Terms and Conditions (“Terms and Conditions”) and the Federated DriveSAFE Privacy Policy available at Federated DriveSAFE Privacy Policy (https://www.federatedinsurance.com/drivesafe/privacy-policy)  (“Privacy Policy”) (collectively, the “Agreement”).  If you do not wish to be bound by the terms of the Agreement, you may not register to use or use or access the Services.  Federated may modify this Agreement at any time and such modifications shall be effective as of the date published to the Application.  These Federated DriveSAFE Terms and Conditions and the terms of the Privacy Policy and any modifications thereto can be viewed in the “Help” section of the Application.  If you do not agree to any modifications to this Agreement, you must stop using the Services.  Your continued use of the Services following the posting of any changes to this Agreement constitutes your acceptance of those changes.
  2. If End User is under the age of 18, you must review this Agreement with your parent or legal guardian to ensure that you and your parent or legal guardian understand and accept this Agreement.  If your parent or legal guardian does not agree to this Agreement, you must not use the Services.  If you are under the age of 13, you are not permitted to use the Services. 
  3. This Agreement is between Federated Mutual Insurance Company, 121 East Park Square, Owatonna, Minnesota 55060, a Minnesota corporation, and the End User.  Cambridge Mobile Telematics, Inc. is a third party beneficiary of this Agreement. 
  4. Federated Mutual Insurance Company and its subsidiaries (collectively, “Federated”) provide End Users with access to Federated DriveSAFESM telematics application (the “Application”) and a hardware telematics tag which will be affixed to the vehicle (“Tag”) (collectively, the “Services”).  “End Users” include eligible employees of Federated’s insured business clients.  Each eligible Federated insured business client (“Client”) will identify an Administrator(s) for its account.  “Adminstrator” shall mean the individual designated by the insured business client as an authorized representative of the business and shall be responsible for managing those End Users, vehicles and tags for its business. 

About Federated DriveSAFE

  1. Federated offers eligible insured business clients and their eligible employees the Services for the purpose of managing the risks associated with distracted and dangerous driving.  Eligibility will be determined according to the policies and procedures established by Federated. 
  2. Once downloaded onto a mobile device, registration is complete, and the tag is in close proximity to the relevant mobile device, the Application will run in the background and collect driving related data (“Data”) which will be uploaded and accessible through an online portal accessible by Federated, its suppliers, Client and Administrator (the “Portal”).  The Data collected by the Services includes, but is not limited to, any information End User manually provides through the Services, vehicle speed, GPS location services data, time information, phone state, phone usage and other data captured by the Tag and/or the mobile phone’s sensors when the mobile phone is in close proximity to the Tag.  Data may be in an identifiable or in a de-identified and aggregated format.  Additionally, the Services use this information to identify other data elements such as, but not limited to, trip duration, acceleration rate, and hard braking.  Data also includes information regarding the Tag’s Bluetooth connection to the End User’s Device as well as general data about the number of nearby Bluetooth devices detected by the End User’s Device both of which will be used for troubleshooting.  Collection of Data will begin on the date you install the Tag or when you download the Application and complete registration, whichever comes first.  Information on what data is collected by the Services and how it is used is available in the Privacy Policy. 
  3. Federated and its suppliers reserve the right to modify the Services at any time in their sole discretion.
  4. Battery Usage.  The Application has some impact on the End User’s phone battery.  While the effect varies from Device to Device, the Application uses a variety of sensors to maximize battery efficiency. 
  5. The Application may include links to sites outside of the application owned by third parties including, but not limited to Federated suppliers.  Your access to and use of any other websites linked to or from the Federated website is at your own risk and we assume no obligation or liability in connection therewith.

Limited License and Termination

  1. End Users are granted a non-exclusive, revocable license to access and use the Services on any compatible device owned or controlled by the End User (“Device”) for the limited purpose of driving related risk management until such license is terminated by either Federated, its suppliers, Client, Administrator, or the End User.  Additionally, End Users are granted a non-exclusive license to use the firmware in the Tag provided that such firmware may only be used with the Services until such license is terminated by either Federated, its suppliers, Client, Administrator or the End User. 
  2. This Agreement may be terminated for any reason including, but not limited to, End User’s breach of this Agreement or termination of End User’s employment.  Upon termination of End User’s license or this Agreement, End User shall cease access and use of the Services and, upon request from Federated or its suppliers, End User agrees to confirm compliance with this requirement. 
  3. End User’s license hereunder shall automatically terminate upon termination of End User’s employment with the Federated insured business and End User shall immediately cease use of the Services and remove the Services from his/her Device(s). 
  4. Federated and/or its suppliers retain ownership of and all right title and interest to the Services, the information collected or derived therefrom, and any intellectual property appearing or incorporated in the Services. 

Confidential and Proprietary Information

  1. End User agrees that the Services and firmware are Federated and/or its supplier’s confidential information which may not be used other than for purposes set forth in this Agreement.  End User agrees that Federated or its suppliers retain all of their intellectual property rights in the Services and firmware and no rights, title, or interest in either one is transferred to the End User.
  2. End User further agrees that the Data collected through the Services shall be considered confidential information and End User shall not disclose such confidential information except as permitted under this Agreement or approved, in writing, by Federated. 
  3. End Users have the opportunity to upload personal photos to their profile in the Application.  Photos uploaded to the Application are visible by other users within your business and/or team using the Application, those with access to the Portal, Federated, and Federated’s suppliers.  Federated’s suppliers will store such photos.  End User grants to Federated and its suppliers a license to access and use such photos in connection with providing the Services.      

End User’s Obligations

  1. End User: (i) shall keep its passwords secure and confidential; (ii) is solely responsible for its data and driving activity; (iii) shall use commercially reasonable efforts to prevent unauthorized access to its account; (iv) shall use the Services only in accordance with its technical documentation, these Federated DriveSAFE Terms and Conditions, and applicable law; and (v) shall promptly install any software updates for the Services or the Devices on which the Services are used. 
  2. End User hereby agrees that it shall not: (i) reverse engineer the Services or firmware or use either in a service provider capacity, (ii) use the Services to store or transmit infringing, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) attempt to gain unauthorized access to the Services or their related systems or networks; (v) access the Services, tag or firmware to build a competitive service or product, or copy any feature, function, or graphic for competitive purposes; (vi) alter the Device’s hardware or operating system beyond routine updates or otherwise “root” or “jailbreak” the Device; or (vii) introduce any virus or other malware into the Services. 
  3. End User agrees to comply with applicable export control laws.  End User further agrees that the Services may be suspended for End User’s violation of applicable law.
  4. End Users should not use unsecured networks to access the Services.  End User will not disable or otherwise alter any security feature of the Services, including, but not limited to, any required password-protected access functionality.  End User agrees to fully cooperate with Federated, its suppliers, and service providers to investigate any security issue identified which is related to End User’s access to or use of the Services.
  5. End User is solely responsible for obtaining a Device(s) to use and/or access the Services.  Should End User’s Device on which the Services are installed be lost, stolen, sold, or otherwise disposed of, End User understands that neither Federated nor its supplier has the ability to disable the Services on such mobile device or otherwise secure the Application and neither Federated nor its supplier assume any liability related thereto.  The Services transmits data via your wireless carrier or an accessible wireless network.  Except where otherwise required by applicable law, End User will be responsible for understanding and paying all charges for its cell phone or internet services including, but not limited to, wireless airtime, roaming, data access, and other charges, taxes and fees imposed by its wireless carrier or other service provider.  Neither Federated nor its suppliers will in any way be responsible to pay any of the foregoing charges or costs.    
  6. Federated urges all End Users to use the Services safely.  End User is solely responsible for obeying all traffic and other applicable laws including, but not limited to, those that restrict the use of mobile devices while driving. 
  7. To facilitate accurate data collection, End User shall ensure the most current version of the Services is installed on his/her Device. 

Disclaimer of Warranties and Liability     

  1. End User hereby agrees that the Services may be compromised, may not be error free, and use thereof may be interrupted.  End User hereby agrees to a warranty disclaimer which disclaims any warranties not expressly provided including the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose. 
  2. Neither Federated nor its suppliers warrant that the Services will be compatible with all Devices or operating systems.  End Users are responsible for ensuring that the Services are compatible with their particular Device, operating platform and operating software version. 
  3. To the maximum extent permitted by applicable law, End User hereby agrees that neither Federated nor its suppliers are liable to any End User for any direct, indirect, consequential, or incidental or special damages (including without limitation lost profits and loss or destruction of data) arising out of the use of the Services or firmware regardless of the theory of liability (including negligence and strict liability).  Should the foregoing disclaimer of liability fail or otherwise be unenforceable, in no event shall Federated or its suppliers be liable to you in any amount exceeding the amount paid to Federated by End User in connection with the Services or $100.00, whichever is greater.    
  4. End User shall be responsible for its compliance with the terms of this Agreement.  End User further agrees to indemnify, defend, and hold Federated and its suppliers harmless from and against all third party claims arising from or relating to End User’s violation of this Agreement.    
  5. End User understands and agrees that it is solely responsible for the security of his/her Device(s) used to access and/or use the Services.  Neither Federated nor its suppliers assume any liability for any unauthorized use of the Services or unauthorized disclosure of the information contained therein where such unauthorized use or disclosure was the result of a failure by End User to appropriately secure his/her Device. 

Data Collection, Authorization and Consent

  1. By downloading, registering for, accessing and/or using the Services and agreeing to the terms of this Agreement, you consent to: (i) the collection of Data by the Services as set forth in this Agreement and as described in the Privacy Policy and the terms of the Cambridge Mobile Telematics, Inc. Privacy Policy (www.cmtelematics.com/privacy-policy/), specifically including, but not limited to, GPS location services data (ii) the receipt, review, access, retention, and use of such Data by Federated, its suppliers, its services providers, Client, and Administrator as described in the Privacy Policy and, in the case of Federated’s suppliers, the terms of the Cambridge Mobile Telematics, Inc. Privacy Policy (www.cmtelematics.com/privacy-policy/); and (ii) the monitoring, logging, or other review of End User’s activity in or related to the Services by Federated, its suppliers, its service providers, Client, or Administrator.  While Data may only be available to you through the Services for a period of time, Federated, its suppliers, and/or its service providers may retain the Data collected or derived from the Services in accordance with applicable record retention policies.  Where required by law or otherwise set forth in the Privacy Policy, Federated will provide End User with access to the Data collected by the Services relating to End User. 
  2. The purpose of this Application is to provide your employer with information about your use of company vehicles.  The Data collected by the Services will be provided to your employer and includes personal information, including your name, geographic location (when in a company vehicle), and patterns of behavior when operating a company vehicle, including the use of your mobile phone.  Further information is available in the Privacy Policy.  By downloading and using this Application, you direct Federated to disclose this information to your employer.  If you object to, or wish to restrict disclosure of the Data collected by the Services to your employer, you must discontinue use of and delete the Application.
  3. While other uses may be specified in the Privacy Policy, End User understands and agrees that the information collected through the Services may be accessed, used, or shared by Federated in the ordinary course of its business operations including, but not limited to, evaluating, administering, and resolving a claim.  This may include, but is not limited to, validating the circumstances of the event giving rise to the claim, making liability and coverage determinations, conducting investigations relating to a claim, and any potential subrogation or litigation involving the claim.  Coverage for claims is subject to the facts of the claim and the terms of the applicable policy.    
  4. Federated’s suppliers and service providers also have access to and will use the Data collected by the Services for the purpose of providing the Services hereunder, providing you with insurance products and services, providing you with risk management services, servicing your policies and/or claims, supporting Federated’s business operations, protecting the rights, privacy, and safety or property of Federated or others, permitting Federated to pursue available remedies or limit the damages that we may sustain, and for other legitimate and lawful business purposes.  Additionally, Federated’s suppliers and service providers receiving access to sensitive information are subject to strict confidentiality and security standards.  
  5. Situations may arise requiring Federated to engage in litigation discovery activities or place a legal hold on the data collected by the Services regarding the End User’s driving behavior and use of such Services.  The Data collected by the Services may be sought by opposing or third parties in a civil lawsuit or criminal case or by police when investigating the cause of an accident.  Additionally, Federated may be legally required to provide such information in response to a subpoena or otherwise as required by law.  End Users agree to fully cooperate with Federated to enable Federated to comply with any litigation or discovery requests related to End User’s access to and use of the Services. 
  6. End Users consent to receive any reminders and other information sent by Federated and/or its suppliers via push-notification, in-app message, and/or email regarding the Services. 

Miscellaneous

  1. End User agrees that a breach of this Agreement by End User or a violation of the intellectual property rights granted in this Agreement may cause irreparable harm and Federated or its supplier may seek an injunction against End User to avoid any future breach.
  2. End User understands and agrees that the Services will not satisfy, or operate as a substitute for any obligations arising under, any laws or regulations including, but not limited to, those relating to crash or accident reporting.  Additionally, End User understands and agrees that neither Federated nor its suppliers, its services providers, Client or Administrator undertake to monitor the Services in real time or report any accidents to 911 or other emergency services.  End User agrees that it is solely responsible for reporting any accidents to the relevant authorities and emergency services.  End User further agrees that any use of the Services will not serve to report a claim to Federated or any other applicable insurer.  End User must report any claims directly to Federated or the applicable insurer through the ordinary channels identified by the same for such reports.      
  3. Federated and/or its suppliers may provide, but are not obligated to provide, technical support for the Application.  Neither Federated nor its suppliers will provide support for an End User’s Device or data service. 
  4. End User shall not assign or transfer this Agreement to a third party nor delegate any duty without the prior written consent of Federated.
  5. The parties are independent contractors with no ability to bind the other party to any agreement or assume any liability on behalf of the other party.
  6. Federated provides the Services at no cost to End User. 
  7. This Agreement will be governed by the laws of the State of Minnesota.  Any action arising from or relating to this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota.  Each party to this Agreement may bring claims against the other party only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  Because a breach by a party to this Agreement could cause irreparable injury or harm to the other party, the non-breaching party shall be permitted to seek injunctive relief as may be deemed appropriate by a court of competent jurisdiction.     
  8. If any provision of this Agreement is held invalid, void, or unenforceable, that provision is considered severable from the remaining provisions and the remaining provisions shall remain in full force and effect.  Any terms which, by their nature, are intended to survive the termination of this Agreement shall so survive.      
  9. Neither party shall be liable to the other party for delays or failure to perform under this Agreement due to causes beyond its reasonable control. 
  10. This Agreement constitutes the entire Agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements related to the subject matter herein.

  11. Privacy Contacts

    If you have specific questions about your rights or about this notice, you may contact us at:

  • Phone TOLL-FREE:  1-800-533-0472 and ask to speak to the Privacy Officer
  • Postal Address: 

Federated Mutual Insurance Company
Attn:  Privacy Official – Legal
121 East Park Square
Owatonna, MN 55060