12 January 2020

Gullwing Telemetry Solutions (Proprietary) Limited ("Gullwing", "GTS", "us", "our" or "we") is committed to maintaining the confidentiality of information collected via our affiliated site ("the site"), GTS affiliated mobile apps ("the app") that is confidential and personal to you ("confidential information"). We are also committed to ensuring that such to you ("confidential information"). We are also committed to ensuring that such confidential information is kept secure. This privacy and security policy ("this policy") outlines our practices and commitment to you. This policy must be read with our site terms and conditions of which this policy forms a part.

How and what information do we collect about you

The app monitors changes to your location in the background in a low battery usage mode. The app does this to detect when you start driving to switch over to an active trip monitoring mode. During a trip, the app gathers driver behaviour data at a higher rate. Timestamped data gathered during trips includes location data (longitude, latitude, altitude), accelerometer data (X, Y, Z) and Gyroscope data (Rate of rotational change in X, Y, Z). The opt-in process is clearly described within the app's onboarding process.

If you've consented to providing telematics data from an approved third party telemetry provider we'll integrate with the provider's data delivery systems and retrieve telemetry data gathered on the device periodically or in real-time depending on the service provider's chosen delivery architecture. Timestamped data gathered from these providers includes location data (longitude, latitude, altitude), accelerometer data (X, Y, Z) and vehicle information (VIN and vehicle registration).

We use cookies on this site to collect information about when you visit our site and the type of information you accessed. Whenever you visit this site again our server will read your cookie file. Our cookies are not used to read any other information off your hard drive. You can disable your cookies file but if you do so some of the functionality may be impaired or may not be available to you.

Why we collect information about you

We receive your driving information from the Gullwing App and from third party telematics data providers depending on the tracking device provider you opted to subcribe to. Such information will be used for the consideration and administration of the services and benefits (amongst others being your driver behaviour dashboard which is a tool to improving your driving behaviour, your favourable premiums and excesses) you and your dependents, beneficiaries and employees under this Policy’s Terms and Conditions for as long as these Terms and Conditions apply to you.

The information shall also be used to, amongst other things, verify and investigate your claim to obtain information on speeding, negligent driving, investigating and verifying the factual basis of the cause of the motor vehicle accident, and to identify the negligent party. The information used to verify your claim shall not be the sole factor in determining the outcome of your claim. The information shall be used to collect data on overall driving behaviour that may be used for assessing any driving behavioural risk that may impact your cover.

We might also use this information to provide you with relevant information about our products and services from time to time.

When we will disclose your personal and proprietary information

We might disclose your personal information to third party telematics data providers to faciliate the fitment of a vehicle tracking device and to complete the systems integration process that enables the delivery of telematics data from the provider to our systems. We will only ever disclose this information to providers with your explicit consent

In all other cases we will only disclose your confidential information if we are legally obliged to disclose such information. While we will endeavour to notify you of a request for disclosure before making such a disclosure we may not always be able to do so.

How we keep your personal and proprietary information secure

The information we receive will form part of your personal information and will be processed and protected with the same due care as all other information received by us or any of our business partners from or in respect of you.

We ensure that your personal data is encrypted in transit and at rest at all times:

• Data stored on the app locally is written to a secure sandboxed environment as described by Google and Apple's best practises
• Data for the app and website delivered over the public internet is encrypted using industry standard asymmetric cryptographic algorithms (RSA - 2048 Bit)
• Data at rest is encrypted using industry standard multi key symmetric cryptographic methods (AES-256)
• Data delivered by telematics service providers are encrypted using industry standard mechanisms. For more details please contact your device's provider for the exact specifics on how the provider handles data security

When the confidential information is no longer needed by us we will destroy it.

Changes To This Privacy Policy

Gullwing Telemetry Solutions (Pty) Ltd may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Site. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

Gullwing Smart Phone App Terms and Conditions This agreement applies to a Gullwing Policy Holder who makes use of a Smart phone application service.

In the event that there is a conflict between these terms and Gullwing’s standard terms and conditions, the standard terms and conditions will apply. Our terms and conditions are available at demo.gullwing.co.za/auth/legal or upon request.

As you use this service, some of your personal information can be accessed and viewed. It is therefore imperative that you ensure that you maintain your login details to the Gullwing App confidential at all times. In this agreement, the following words will have the following meanings: The words, “you” or “your” means the Gullwing Policy Holder and the authorised user thereof. The words “us,” “we” or “our” only means Gullwing. Before you can use the smart phone application, you must register the service on your smart phone. When does this agreement start? This agreement starts as soon as any of the following happens:

• When you register to use any of the services;
• When you get access to be able to use any of the services;
• When you actually use any of the services;

Protection and Security

For your protection and security you must enter the correct access information to identify yourself whenever you use or logon to the service. Since we deal with each other in a non-face to face environment, for your security, you will need to enter the correct access information or take any other steps acceptable to us, for us to verify your identity and the electronic communications you send us using the service each time you logon to the service. This is known as “verification”. All electronic communications that are sent to us after you have met our verification requirements during logon will be treated as valid and authentic. This means that these electronic communications will have the same legal effect as written and signed paper communications from you. To protect you, we can refuse to act on any instructions you send us or can cancel your access (temporarily or permanently) if you do not meet the verification requirements. This includes where you enter the wrong access codes or login details.

Instruction and or Transactions

We are entitled to act on and accept all instructions or transactions done after your login details have been entered. Since we deal with you, non-face-to-face, we will act on and accept all instructions or transactions (“transactions”) done after your correct login details have been entered and you meet the verification requirements set by us. We will assume that all such transactions have been authorised by you, even if such transactions took place without your knowledge or consent or were not authorised by you. This will not apply to transactions that occur after you have requested that we cancel your login details.

Authorised Users act on your behalf as your agent

By allowing an authorised user to access your account, you give that person the authority to act as your agent. This means that anything the authorised user does or does not do will be attributed to you. In other words their actions or failure to act (omission) will be considered by us as your actions or failure to act (omission).

Gullwing is not responsible for third party software

From time to time we may make third party software/applications (“software”) available for download via the service page. You download and use the software at your own risk. We make no warranty about the software, whether express or implied. You will be bound to the license terms of the software licensor. You hereby indemnify us and hold us harmless if you breach the license conditions.

Gullwing’s Liability

Gullwing undertakes to ensure to the best of its ability that the services are provided to you in a secure and reliable manner. Gullwing shall take reasonable care to prevent harm and loss to you. Although Gullwing takes reasonable care to prevent harm or loss to you, Gullwing will not be liable for any kind of loss or damage you may suffer, including direct, indirect, special, incidental or consequential damages, because of your use of, or inability to use, the services. This will not apply where the loss/damage arose because of Gullwing’s negligence or intent. In addition to the above Gullwing is not liable for the following (except where such loss or damage is caused by Gullwing’s negligence or intent):

• any loss or damage, which you or any other party may suffer due to unauthorised interception and/or monitoring;
• any loss or damage if you didn’t take reasonable steps to safeguard the account, the log in details and/or follow the steps recommended by Gullwing from time to time;
• late or delayed transactions;
• loss or damage arising from the unauthorised use of the service page including where a user exceeds their authority;
• Gullwing is not responsible for any errors or delays in communication systems outside of its control.

Intellectual Property Rights

Gullwing own the intellectual property rights in the service channel and its content. The contents of the service page, including all registered and unregistered trademarks, is owned by us and are our intellectual property rights. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written consent. Nothing on the service page must be seen as granting any licence or right of use of any intellectual property. You may not establish any connection, including via a hyperlink, whether electronically or otherwise to any part of the service page or Gullwing’s website without our prior written consent.

Privacy Policy

Gullwing and all its associated companies are committed to respecting the privacy of your personal data. To demonstrate our commitment, Gullwing has implemented a Privacy Policy in order to communicate its intent to provide effective processes for the appropriate handling of such private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.

Termination

We can end this agreement at any time or end your right to use the services, immediately without notice. This will not affect instructions given to us using the service page before the agreement ended. We can also end this agreement and your right to use the services immediately if any one or more of the following happens:

• If you commit fraud or we suspect you have done so. • If we believe that your behaviour was inappropriate or constitutes misconduct.
• If you breach this agreement.
• If the law requires us to do this.

You may end this agreement by providing us 30 business days notice in writing or by phoning our call centre. If you or we end this agreement you will still be responsible to us for all charges, if any.

Contact details

Should you require any more information on the services or these terms, please contact us on info@gullwing.co.za. By accessing the services and using the services you confirm that you understand these services and that the terms will be legally binding.

General

Any communication from us to you will be regarded as having been sent at the time shown on the communication or on our transmission logs. In any proceedings or dispute, our records certified as correct by Gullwing’s IT department, will be sufficient proof of any instructions you have provided or transaction you have performed on the service page, the content or services on any service page or value added service, unless you can prove otherwise. While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage. Every clause of the agreement and rules is severable from the others. If one or more of the clauses is invalid it will not mean the rest of the agreement or rules are invalid. The rest of the agreement and rules will still apply. Where dates and times need to be calculated the international standard time (GMT) plus 2 (two) hours will be used. This agreement will be governed by the laws of the Republic of South Africa without giving effect to conflict of laws provisions.

This site is owned and operated by the Gullwing Telemetry Solution (Pty) Ltd. (GTS)

1. By entering/accessing/browsing this site or any pages thereof you acknowledge and agree to all the terms and conditions mentioned herein. You are requested to read the terms and conditions carefully. If you do not agree to these Terms and Conditions, please do not access this site or any pages of this web Site.
2. GTS reserves the right, in its sole discretion, to change, modify, alter, update or revise the Terms and Conditions at any time without any notice to any persons.
3. The website is to provide certain information and details only and GTS or the companies or persons referred to in the website are not making any offer or otherwise proposing any binding legal relationship with the persons browsing the site.
4. By entering this site you acknowledge and accept that your using this site is at your violation and that none of the parties involved in creating this website are liable to for any direct, indirect, incidental, consequential, or punitive consequences damages or any other losses, costs or expenses, fees which may arise, directly or indirectly through the access to, use of, or browsing of this site or through downloading of any materials, data, images from this website.
5. This website and all contents of the pages in this website including the materials, documents, graphics, information, data, software products and services provided on this site are provided on an 'as is' and 'as available' basis. GTS hereby disclaim all warranties and conditions with regard to this information, including all implied and conditions of merchantability, fitness for any particular purpose, title and non-infringement. GTS further disclaims any liability in connection with website or the information provided herein.
6. Do not post on this site or transmit on this site, any obscene, defamatory, threatening, libelous, or other material which could constitute or encourage conduct that would be considered illegal, immoral or improper or otherwise give rise to civil or criminal liability or violate any law or regulation.
7. Do not post on this site any content which contain viruses or any other computer code, or programmes, or files or any other material that are designed or intended to damage or limit the functioning of any software, hardware or telecommunications equipment.
8. GTS holds all the Copyright and other Intellectual Property Rights in the information contained in this site. The software, images, graphics and other material used on this site belong to GTS. By entering this site you acknowledge and agree that you shall not copy, broadcast, modify, reproduce, store (in any medium) republish, upload, transmit, show or play in public, adapt, post or distribute any material in any form from this site without prior written consent from GTS.
9. You are hereby permitted to download information or the documents for your own personal use only.
10. GTS controls website from its offices in South Africa. By entering this website you acknowledge and accept that any legal action, proceedings or any matter relating to your access/browsing to, or use of the information, data materials and / or the website shall be governed by the Laws of South Africa and subject to the Jurisdiction of Courts in Gauteng.

Who is the app for and how are Gullwing using it?

• The Gullwing App has been developed as a simpler method of allowing you the policy holder, to assess your own driving behaviour and us as insurers to rate you independently of other drivers as a result of your driving behaviour.
• Maintaining a consistently good driving score allows us to ensure that you have the benefit of favourable excesses and reduced insurance premiums.

How does it work?

• The Telematics Warranty covers your consent to allowing us to access your driving data. On inception of your Gullwing Policy, you will receive an email requesting that you download the Gullwing App.
• You will then register on the App and be authenticated.
• Once you have provided us with the necessary permission on the App, we will activate the application and it will record your movement dynamics as you drive. We record your speed of movement as well as your directional movement. We will process your relative movements and provide your trip with a rated score to indicate its level of risk to you. The closer the score is to 100, the better the trips were measured and weighted to be.

Will I be tracked across the border from South Africa?

• Your international roaming would need to be activated in order to track your trips outside the borders of South Africa. Should your international roaming be activated the app will switch into a low-frequency reporting mode to use as little as possible data to report your trips back to us.
• In case of emergency or assistance required, you need to use the “SOS” button and dial the international number from wherever you are so we can assist you.

Does the app work when I lose signal?

• Yes, the application uses your built-in GPS and accelerometer technology of your mobile phone to detect and record trips for upload. IF you are in a location or situation where you do not have proper GSM or data signal, we will still record the trip and upload it later once your data and GSM connectivity is restored. We will however not be able to communicate with your phone or your phone with us, when you do not have GSM or data signal.

Can I replay my vehicle trips?

• Yes, you can do so by opening the “How’s my driving” section within the application. Select the vehicle you want to report on and select “Details >”and then select the “Trip History” option to display a chronological set of recorded trips. We will not plot trips that are less than 1 km in overall distance. Selecting “Details” on any individual trip will provide you with a detailed replay of the trip with all relevant events highlighted.

Does the App drain my cell phone battery?

• The battery drainage is almost negligible under normal use conditions. If the app is not opened constantly and used continuously on front end, most mobile phones reported usage less than 1% using battery managed testing over a charge cycle.
• Just like any other application on your phone, we perform processing on the phone and the application also utilises your cell phone GPS and accelerometer sensors built into your phone. Whilst using these, they will require current draw from your battery. We therefore only use these features from your phone once we detect that you are driving. This will mean that your battery usage will increase slightly whilst driving. When you’re not driving, we will not use these sensors and therefore the application will not draw battery power. We regularly update the application to optimise the efficiencies and this improves the battery consumption constantly as newer cell phone models become available within the market

How do I know my trip is recording?

• The application is designed to automatically record your trips either using your mobile device or from your telematics device installed into your vehicle and paired with your App. There may be a delay between the trip being driven and the trip reflecting on your mobile application or web dashboard. This is due to the data having to first be transferred from your device or mobile application to our backend systems for processing and then reflecting on your application or dashboard. If you have a telematics device installed and realise that your scores are not reflecting your driven trips, you may be experiencing technical faults. Please contact your service provider

I don’t have data on my phone, will my trip still be recorded?

• Yes, it will be recorded and stored on your phone until you either receive a WiFi connection or make a new data connection at which point it will be uploaded to the backend systems for processing.

Can I use a Bluetooth device to make a call or play music?

• The mobile application does not interfere with your normal Bluetooth usage in your vehicle. You are able to use your normal blue-tooth enabled features and peripherals.

Will you know that I am using my phone while driving?

• Yes. We use the accelerometer movements to record your trip. If your phone is being used while driving, we will notice the handling of the phone.
• You are strongly advised not to use your phone while driving as statistics show that around 25% of all South African road accidents are caused by cell phone usage whilst driving.
• Ideally your phone should be kept in a smart phone holder while driving, failing which it should be in a place where it does not move around.

What about my privacy?

• We use industry standard secure data transfer mechanisms to transfer your data over the internet to our highly secure and compliant servers and databases.
• In the event that your device does not have network access we cache your data on the device itself in sandboxed storage locations as per recommendations by Google for Android and Apple for iOS versions of the app.

How accurate is it?

• Data gathering accuracy is highly variable between device manufacturers, weather conditions and placement of the device within the vehicle.
• We endeavour to always use data with the highest confidence of accuracy and to not penalise the driver due to poor data quality.
• To ensure the best experience we recommend mounting the device in an upright docking station in the front of the vehicle out of the direct point of sight of the driver to reduce the risk of driver distraction.

What happens if a sensor is missing or damaged on my phone?

• IF your device is faulty, we will discard your data and inform you via your broker.
• Unfortunately, data created by faulty sensory equipment on your mobile phone, cannot be used reliably and therefore will not be used to calculate a score for you.