Terms of Use of the eRko Mobile Application

1. General Provisions

These terms govern the use of the eRko mobile application (hereinafter also referred to as the “Application”).

The operator of the Application is RESPECT, a.s., Company ID (IČO) 25146351, with its registered office at Pod Krčským lesem 2016/22, 142 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 4845 (hereinafter also referred to as “RESPECT” or the “Operator”).

The Application was created for the purpose of simplifying the management of vehicle fleet insurance for RESPECT clients who are business entities (hereinafter also referred to as “Clients”).

The Application is a client application through which Clients have access in particular to the following services:

• viewing and searching basic information about insurance contracts and the insurance arranged for a specific motor vehicle operated by the Client;
• obtaining basic advice and instructions on how to proceed in the event of a loss event related to the operation or use of a motor vehicle;
• reporting the occurrence of a loss event involving a vehicle and obtaining basic documentation of the loss event (in particular photographic documentation of the damage to the vehicle and the situation after a traffic accident, the traffic accident report, details of the place where the damage occurred, the parties involved in the traffic accident, etc.).

The Application is intended for Clients of RESPECT who are business entities and who have motor vehicle fleet insurance arranged through RESPECT. These Clients may also allow the Application to be used by:

• their staff or other persons who use, or are entrusted with the use of, a motor vehicle operated by the Client;
• their staff who are responsible for managing the Client’s vehicle fleet;
• in such a way that the Client makes available to these persons their unique QR code assigned to them by RESPECT for the purpose of accessing the Application (the Client and the persons referred to in Articles 1.5.1 and 1.5.2 hereinafter collectively referred to as “Users”).

The Application is not intended for consumers.

2. Use of the Application

Use of the Application is voluntary, free of charge and is not a condition for using RESPECT’s services.

A functioning internet connection is required to download, install and use the Application. The costs of data transmission through the Application are borne by the Client or, as the case may be, the User.

No User registration is required to use the Application. The User signs in to the Application by scanning the QR code made available to the User by the Client for the purpose of accessing the Application.

The Application is available in standard web browsers or can be downloaded from Google Play (Android operating system) or the App Store (iOS operating system), depending on the operating system of the User’s end device (mobile phone/PC/tablet).

Full use of the Application requires the consent of the Client, as the operator of the vehicle, as well as of each User to whom the Client allows use of the Application, to the wording of these terms and conditions. The Client, or the User, expresses their consent to these terms and conditions at the moment of downloading the Application and commencing its use, i.e. at the moment when they in any way make use of any content placed in the Application or any service provided through the Application.

To make full use of all the functions available in the Application, the User is asked to give consent to enabling certain of these functions. Granting this consent is not a condition for using the Application (see Article 2.5 above); however, refusing it results in the limitation of those functions of the Application for whose use the User’s consent is required. Express consent is required for the use of the following functions of the Application:

• use of data on the User’s location by means of the GPS function;
• use of the camera of the User’s end device;
• saving of photographs to the storage of the User’s end device.

Data provided through the Application is collected on RESPECT’s storage or the Client’s storage and is subsequently used in the claims settlement process, meaning it may be further transferred to the insurance company handling the settlement of the insurance claim related to the operation of the vehicle or, as the case may be, to the operator of the vehicle.

The Operator is entitled to carry out updates or, where applicable, upgrades of the Application as needed. In the event of an update or upgrade of the Application, the Operator may offer the User an update/upgrade of the Application that is necessary for its proper operation. If, in such a case, the update or upgrade of the Application is not carried out by the User, the Application may not function flawlessly on the User’s end device or the functionality of the Application may be limited.

When using the Application, the User is obliged to observe the principles of protecting the privacy of both natural persons and legal entities. If, when using the Application, the User takes and submits any photographs or documents evidencing a loss event, the User is obliged to proceed in such a way that no photographs or documents are taken and uploaded to the Application other than those documenting the damage incurred, its extent and the circumstances related to the damage incurred to the Client’s vehicle.

The Operator is entitled at any time to interrupt or restrict the provision of all or some of the services and functions of the Application for the purpose of carrying out maintenance, repairs or modifications (including updates and upgrades) of the Application. The Operator is entitled at any time to change and modify the functions, settings, user interface and any other parameters of the Application without prior notice to the User, to which the User expressly consents. The Operator also reserves the right to cease providing the Application or to cease providing any support for it at any time.

3. Liability of the Operator of the Application

The Operator is not liable to Users for damage caused in connection with the use of the Application, unless such liability arises directly from a legal regulation.

The Operator is not responsible for the User’s devices or systems, nor for the use of these devices and systems by unauthorised persons. Furthermore, the Operator is not responsible for the functionality of data network services and/or for malicious software.

The Operator is not responsible for the unavailability or non-functionality of the Application caused by the need to carry out maintenance, repairs or modifications of the Application or by external influences (e.g. the quality of the telecommunications services provided by the User’s operator or other technical circumstances that RESPECT is unable to influence or whose resolution requires the intervention of a third party).

The Operator is not responsible for unauthorised use of the Application.

4. Information on the Processing of Personal Data

In accordance with Articles 14 and 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter also referred to as the “GDPR”), RESPECT informs Users of the following facts related to the processing of personal data processed in the Application, which the User provides when using the Application:

The controller of the personal data is RESPECT.

The purpose of the processing of personal data is the performance of RESPECT’s activities within the scope of insurance mediation, specifically the provision of assistance with insurance management and the assertion of insurance claims.

The legal basis for the processing of personal data is the performance of a contract, compliance with a legal obligation or, as the case may be, the User’s consent.

The recipients of the personal data are:

• the insurance company handling the settlement of the loss event;
• the Client (the operator of the vehicle).

Personal data is processed in the Application for the duration of the settlement of the insurance claim and thereafter for the period during which rights arising from the loss event may be asserted, or for the period during which RESPECT, as an insurance intermediary, is obliged to archive the data pursuant to Section 80 of Act No. 170/2018 Coll., on the Distribution of Insurance and Reinsurance.

The User is entitled to exercise their rights within the meaning of Article 15 of the GDPR, in particular:

• the right of access to personal data,
• the right to rectification of inaccurate or incomplete personal data,
• the right to erasure of personal data where the personal data is no longer necessary for the purposes for which it was collected or otherwise processed, or where such data has been processed unlawfully,
• the right to restriction of the processing of personal data,
• the right to data portability,
• the right to object to the processing of personal data,
• the right to contact the supervisory authority, which is the Office for Personal Data Protection (Úřad pro ochranu osobních údajů).

Details of the processing of personal data by RESPECT, including the ways in which the above rights may be exercised, are set out on the RESPECT website https://www.respect.cz/cs/informace-o-zpracovani-osobnich-udaju.

No fully automated decision-making processes take place in connection with the use of the Application, nor any analysis of the data of Users or other data subjects for the purpose of evaluating them (so-called profiling).

In connection with the use of the Application, RESPECT processes in particular the following data:

• the vehicle registration plate,
• the place, date and time of the loss event (including location data, so-called geolocation),
• a description of the loss event,
• the identification details of the parties involved in the traffic accident constituting the loss event, namely first name and surname, date of birth, place of residence and telephone number,
• photographs of the loss event.

5. Licence Arrangements

The Application is a copyrighted work within the meaning of Act No. 121/2000 Coll., the Copyright Act.

The Operator hereby grants the User a free, non-exclusive licence to use the Application, limited to use of the Application by the User in accordance with these terms and generally binding legal regulations.

The User undertakes not to use the Application in any way that would in any manner interfere with any rights of the Operator. In particular, the User is not entitled to modify, distribute or copy the Application or any part of it in any way; in particular, the User is not entitled to reverse engineer or in any way modify its source code or to combine it with any other software.

The Operator is entitled, without further notice, to prevent the use of the Application by a User who can reasonably be assumed to be violating these terms, or who uses the Application in breach of generally binding legal regulations, good morals or generally accepted rules for the use of services provided via the Internet, or even to commit or facilitate criminal offences, misdemeanours or other unlawful acts.

6. Final Provisions

These terms are accessible to the User on Google Play, the App Store and on the Operator’s website (www.respect.cz).

The Operator reserves the right to update and amend these terms and conditions, in particular in the event of the addition of new functions to the Application, modification of existing functions of the Application, or for other similar reasons.

The User will be informed of any update or amendment of these terms through the Application, in each case at least 14 days before the relevant change takes effect. If the User does not agree with the updated wording of the terms, the User may stop using the Application and uninstall it from their end device.

These terms are governed by the laws of the Czech Republic.

Any disputes related to the use of the Application shall be resolved by the courts of the Czech Republic having subject-matter and territorial jurisdiction.