Signal Program


TERMS OF USE

These Terms of Use are effective as of December 4, 2018.

By accessing or using the Signal program services, or applications (including mobile applications) made available by Farmers and Driveway (together, the "Service"), however accessed, you agree to be bound by the following terms ("Terms of Use").
 

  1. The Service is owned and controlled by Driveway Software, a Delaware corporation ("Driveway”).

  2. Driveway and Farmers Group, Inc., on behalf of itself, Farmers Insurance Exchange and the affiliates of Farmers Insurance Exchange which collectively comprise the Farmers Insurance Group of Companies (“Farmers”), have entered into an agreement pursuant to which Driveway, on behalf of Farmers, will collect and process data obtained in connection with and generated from your use of the Service (“Signal Data”).

  3. Driveway or Farmers may modify these Terms of Use at any time by posting of the modified terms. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any timeat http://www.farmers.com/disclaimer/signal-terms/. Farmers may offer a discount in connection with the Signal program. Farmers may also modify or discontinue the Signal program at any time. In the event the Signal program is discontinued, Farmers will provide advance notice of such termination prior to your next renewal in accordance with any applicable legal requirements in your state. Any discounts provided by the Signal program would no longer be available if the Signal program is terminated.

  4. Your use of the Service is also governed by the Signal Program Privacy Policy. Driveway and Farmers reserve the right, and you expressly authorize Driveway and Farmers, to use and assign all information regarding your use of the Service in any manner consistent with the Signal Program Privacy Policy. Please review the Signal Program Privacy Policy available at http://www.farmers.com/disclaimer/signal-terms/ and incorporated by reference herein.

  5. If you are under the age of 18, you must review these Terms of Use with your parent or legal guardian to ensure that you and your parent or legal guardian understand and accept these Terms of Use.

  6. All Signal Data is and shall continue to be the property of Farmers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any Signal Data is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Signal Data by or through your use of the Services. 

  7. All content on the Service, with the exception of Signal Data (the “Content”) is and shall continue to be the property of Driveway and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any Content is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Services.

  8. Driveway, and Driveway wordmark are the intellectual property of Driveway. "Farmers®," "Farmers InsuranceGroup®," "Farmers Insurance Group of Companies®, the sunrise and shield logo, " "Farmers InsuranceSM," "Farmers Insurance Exchange®," and “SignalSM” are some of the principal service marks used by Farmers. Farmers also claims service mark, or trademark rights, in a number of related marks as noted by the use of the symbols "®," "SM," or"TM." Nothing contained in the Signal program services or application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in connection with the Services without the prior written permission of Farmers. Unauthorized use of any Farmers trademarks, service marks or logos is strictly prohibited and may be a violation of federal and state trademark laws. Other products, services and company names mentioned on the Service are the trademarks of their respective owners.

  9. You are granted a limited, revocable, nonexclusive license to use the Service solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree to refrain from copying the Content or Signal Data, reverse engineering or breaking the Service, or using the Signal Data, Content or the Service in violation of any law. Availability and use of the Service is at the discretion of Drivewayand/or Farmers. Such availability or use may be terminated by Driveway or Farmers in their sole discretion, at any time, with or without prior notice. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. You may terminate your use of the Service at any time by ceasing your use of the Service.

  10. You agree to comply with all applicable laws regarding your use of the Service. You further agree and represent thatinformation you provide in connection with the Service is your own information and is truthful and accurate to the best of your knowledge, including all driving monitoring information collected by the Service.

  11. You agree to indemnify, defend and hold Driveway and Farmers, their respective partners, employees, affiliates andassigns harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your useof the Service.

  12. THE INFORMATION IN THE SERVICE IS PROVIDED TO YOU ON AN “AS IS”, ‘WITH ALL FAULTS’ AND “AS AVAILABLE”BASIS. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. DRIVEWAY DISCLAIMS ALL WARRANTIES OFANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANYIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.SOME JURISDICTIONS RESTRICT WARRANTY DISCLAIMERS, SO THIS LIMITATION MAY OR MAY NOT APPLY TO YOU.YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICE SHALL BE TO DISCONTINUE USINGTHE SERVICE.

  13. UNDER NO CIRCUMSTANCES WILL DRIVEWAY, FARMERS, THEIR RESPECTIVE PARTNERS, EMPLOYEES, AFFILIATESAND ASSIGNS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDINGDAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OROTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO ANY OF THESERVICE, EVEN IF DRIVEWAY OR FARMERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLEREMEDY SHALL BE TO CEASE ALL USE OF THE SERVICE AND REMOVE THE SIGNAL APPLICATION FROM YOURMOBILE DEVICE.

  14. You may have additional rights under certain laws, including consumer laws, which limit the exclusion of impliedwarranty or certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use thatdirectly conflict with such laws may or may not fully apply to you.

  15. You agree that the laws of the State of California, without regard to its conflict of laws provisions, will govern theseTerms of Use and any dispute that may arise between you and Driveway and/or Farmers, and/or their respectivepartners, employees, affiliates and assigns.

  16. If any provision of these Terms of Use are deemed by any court of competent jurisdiction to be unenforceable orinvalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use willotherwise remain in full force and effect.

  17. You should also be aware that Farmers may at times permit partners and affiliates to offer additional services viasubscription or registration through the Service. Such services may include, but are not limited to car valuation, repairreminders and crash notification.

  18. Farmers reserves the right to contact you regarding account status, changes to the subscriber agreement and othermatters relevant to the Service or the information collected. By using the Service, you agree that Farmers andDriveway may communicate with you by SMS, MMS, text message or other electronic means to your mobile devicefor the purpose of providing the Service. In the event you change or deactivate your mobile telephone number, youagree to promptly notify Farmers at 1-800-709-7821 to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly notify Farmers when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messageswhich may not be delivered or may be sent to the person that acquires your old number.

  19. At no time will Driveway or Farmers require you to provide or transmit your password information to Driveway viaemail or text. Before responding to any requests for Signal program passwords or access codes, contact Farmersdirectly to confirm this inquiry is valid.

  20. Driveway has adopted generally acceptable security measures to protect your personal information against loss,misuse and alteration when such information is within Driveway’s control. Despite these measures, no datatransmission over the Internet can be guaranteed to be 100% secure. Driveway will use commercially reasonablemeasures to protect your information but does not warrant that the information transmitted to or by Driveway will besecure at all times. It is your responsibility to protect the security of your password and login information and accessto information contained on your phone in the Signal program phone applications.Note: Emails, instant messages, and similar types of communication with other Service users are not encrypted andtherefore Driveway and Farmers strongly advises against communicating any confidential or personal informationthrough these methods.

  21. This statement and the policies outlined herein are not intended to and do not create any contractual or other legalrights in or on behalf of any user, and your use of any of the Service operates as full consent by each user to collection and use of user's personal information within the guidelines and limitations outlined herein.
     

If you have questions, comments or concerns about the Terms of Use, please contact us at 1-800-709-7821.

 


PRIVACY POLICY

Effective as of January 1, 2020.

This privacy policy (“Privacy Policy”) is applicable to the Signal® program services, applications and mobile applications made available by Driveway and Farmers (together, the "Service").

The Service is operated by Driveway Software Corporation, a Delaware corporation, and its affiliates ("Driveway"). Driveway respects the privacy of visitors and users of the Service. It does not sell, share or rent information collected via your use or access of the Service except as stated in this policy. Driveway uses reasonable precautions to secure your personal information disclosed in connection with your use of the Service.

Driveway and Farmers Group, Inc., on behalf of itself, Farmers Insurance Exchange and the affiliates of Farmers Insurance Exchange which collectively comprise the Farmers Insurance Group of Companies (“Farmers”), have entered into an agreement pursuant to which Driveway, on behalf of Farmers, will collect and process data obtained in connection with and generated from your use of the Service (“Signal Data”, as such term is more fully defined below.)

When you elect to use the Service, you agree to provide Driveway with information about yourself. Driveway collects and uses this information to permit you to benefit from the information and feedback about your driving, receive financial and other benefits offered by Farmers and its respective partners, and to improve the Service. Some or all of your non-personally identifiable information will be used by Driveway, Farmers and their respective partners.

If you have any concerns about sharing information with Driveway or having such information displayed for you and participating members of your household on the Signal phone applications used by you and participating members of your household, or otherwise used in a manner permitted in this Privacy Policy and the Terms of Use, you should not use or immediately cease using the Service and remove the Signal application from your mobile device.

Information Collected Through the Service

Automatically collected Information: The Service collects non-personal information, including the use of cookies, small files that identify repeat Service visitors or enrolled users. Cookies enable tracking your use of the Service as well as retain your logged-in status to the Service. Cookies also permit Driveway to improve the Service, including tailoring content to match your account status or interests. If you do not have the cookies feature enabled on your device browser, you may be required to enter your login credentials to access information or features of the Service. Some Service features may not be available if you deny the use of cookies.

Cookies function by assigning an anonymous, unique number to each user. You should be aware that neither Driveway nor Farmers controls the use of cookies or the resulting information obtained by any advertisers, third parties or partners that manage or place links on the Service.

If you click on an offer, integrated service or link to another service or site located within the Service, this Privacy Policy no longer applies and, therefore, you must read the privacy policy of that service provider to know how the provider will handle your personal information.

How Driveway and Farmers Use Personally Identifiable and Other Information

In connection with your registration for and use of the Service, you submit certain personally identifiable information (“PII”) to Driveway and/or Farmers. PII may include, but is not limited to, your name, home address, telephone number, e-mail address, age, date of birth, interests, employment history and occupation.

The Service collects information primarily related to your driving and activities during driving (“Driving Data”). The Service collects Driving Data that begins when motion is detected over a certain distance and data collection stops when motion is no longer detected for a specified amount of time. Location services (and tracking) and motion tracking must be enabled in the Signal application and on your mobile device in order to collect Driving Data and to participate in the Signal program. Examples of information collected by the Service: trip start and end times and days, mileage, routes and the occurrence of fast accelerations, hard stops, rapid cornering, speeding, mobile device information, non-driving trip information, phone interaction during trips, and potential auto crashes. Information related to Driving Data for all household members participating in the Signal program will be displayed in each household member’s Signal application.

Driveway and Farmers may use PII and Driving Data (collectively, “Signal Data”) to provide the Service to you, or to do any of the following:

·         respond to specific inquiries made by you;

·         resolve any disputes;

·         prevent illegal or fraudulent activities;

·         comply with law, a governmental or judicial order;

·         enforce the Service Terms of Use;

·         improve the Service;

·         provide Service-related communications to you;

·         protect the safety, security or property of you or other users;

·         protect the security and integrity of the Driveway systems and those of its partners and affiliates;

·         display and demonstrate Service capabilities for companies testing the Service

·         to assist in the rating or underwriting of your Farmers policy; (For Montana residents, data will not be used to non-renew, or to increase premiums except when the discount is removed which may result in a premium increase.)

·         to use Signal Data to help adjudicate claims and legal matters. For Indiana residents, without limiting the foregoing, Signal Data will not be used by Farmers to adjust or deny first party claims. Farmers considers the Signal Data to be confidential and will treat it in accordance with the Farmers Privacy Statement.  Farmers and/or Driveway shall retain Signal Data in accordance with their respective applicable record retention policies and applicable law.
 

Driveway may disclose information in special cases when, in its sole judgment, has reason to believe that disclosing this information is reasonably necessary to identify, contact or bring legal or other corrective action due to the misuse of the Service, either intentionally or unintentionally, injury to the rights, reputation, identity, sensibilities or property of Driveway or its users, or anyone else that could be harmed by such activities. The law may require us to share your personal and non-personal information (such as Cookies, described above) pursuant to judicial or governmental orders, subpoenas or warrants. Under such circumstances, Driveway reserves the right to block access to the Service or refer the user or information to relevant judicial and law enforcement entities. In addition, Driveway reserves the right to use and disclose your personal and non-personal information for purposes of investigating or taking action relating to any illegal or fraudulent activities or other activities that pose a threat to the physical safety of any person or for the violation of the Terms of Use of the Use or as otherwise required by applicable law.

Information collected via the Service may be transferred to a third party because of a sale or acquisition, or merger or any other asset transfer transaction involving Driveway, Farmers or one of their respective subsidiaries, partners or affiliates.

Driveway and Farmers may use anonymized data collected through the Service for various purposes, including but not limited to creation of new features and products, to perform research or make investigations, or to other purposes.

Driveway and Farmers anonymize and aggregate the data collected across many users and may share this aggregated data with their respective affiliates, business partners, and users. The aggregated data does not identify you personally. We may also disclose aggregated user statistics in order to describe Driveway or the Signal program to current and prospective business partners and to third parties for other lawful purposes. Examples of anonymized and aggregate data include the average trips per week of our users, and the average monthly mile driven of our users.

Driveway and Farmers reserve the right to perform, or have performed by third parties, statistical and other analyses of user behavior and characteristics in order to measure interest in and use of the various pages, or functional, graphical or informational frames or areas of any of the Service, and to inform affiliates and partners of such analyses as well as the number of users that have been exposed to or clicked on their links, Service or advertisements.

Driveway and/or Farmers will provide anonymized data collected through the Service for these analyses to third parties.

You should also be aware that Farmers may at times permit partners and affiliates to offer subscription or registration-based products through the Service. Offers from such partners and affiliates have their own privacy policies that may differ from the Signal program Privacy Policy and the Farmers Privacy Policy. Accordingly, Farmers is not responsible for any actions, policies or breaches of security or privacy of such partners and affiliates; users are urged to review the applicable privacy policy of any such service to determine if it is acceptable to the user before providing any personally identifiable information to a third party.

You should be aware that when you voluntarily disclose PII in shared areas of the Service such as user profiles, comments sections, feedback, photos or chat areas of the Service, such information and any substantive information disclosed in the communication can be collected, correlated and used by others who have access to this information within the Service. Any consequence of providing such PII on the shared sections of the Service are beyond the control of Driveway or Farmers, and Driveway and Farmers are not liable for any harm to you by misuse of such information by other parties.

Links to Third Party Products

The Service may contain links to products not operated by Driveway or Farmers. Driveway and Farmers are not responsible for the privacy practices or the content of such websites, or the use of information you might provide to these other services. Driveway and Farmers strongly recommend that you carefully review the privacy policy of any such service to determine whether that site's policies are acceptable to you before providing PII. Neither Driveway nor Farmers is responsible for the security of any information you disclose to other services.

User Ability to Opt-Out

If promotional messaging is integrated into the Service, you have the opportunity to indicate whether you would like to opt-out of receiving promotional and marketing information about other products. If either Driveway or Farmers sends any electronic communication to you via your mobile carrier service, you understand that you shall be liable for any fees associated with any such communication, including text messaging charges for messages to your mobile device. If you have any concerns about Driveway and/or Farmers communications from the Service, you should not use or immediately cease using the Service and remove the application from your mobile phone.

Additionally, upon request, Driveway and Farmers will use reasonable efforts to allow users to update personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests.

Security Measures

Driveway has adopted generally acceptable security measures to protect your personal information against loss, misuse and alteration when such information is within Driveway’s control. Despite these measures, no data transmission over the Internet can be guaranteed to be 100% secure. Driveway will use commercially reasonable measures to protect your information but does not warrant that the information transmitted to or by Driveway will be secure at all times. It is your responsibility to protect the security of your password and login information and access to information contained on your phone in the Signal phone applications.

Note: Emails, instant messages, and similar types of communication with other Service users are not encrypted and therefore Driveway and Farmers strongly advise against communicating any confidential or personal information through these methods.

At no time will Driveway or Farmers require you to provide or transmit your password information to Driveway or Farmers via email or text. Before responding to any requests for Driveway passwords or access codes, contact Farmers directly to confirm this inquiry is valid.

Driveway and Farmers reserve the right to change this policy at any time by posting of the updated Signal program Privacy Policy to the Service. Your use of the Service after any such update shall constitute consent to all such changes.

This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any user, and your use of any of the Service operates as full consent by each user to collection and use of user's personal information within the guidelines and limitations outlined herein.

If you have questions or concerns regarding the Signal program Privacy Policy or about the use of your personally identifiable information, you should contact us at 800-709-7821.