Terms and Conditions of using the Only Young Drivers Smartdriver App - only applicable for policies taken out before 17/09/2018
The purpose of this document is to provide you with the details of how your OYD Smartdriver App works including data collection and processing. It also provides details of possible charges and your cancellation rights.
This document forms part of your Contract of Insurance and should be read in conjunction with your policy documentation and OYD general terms of business agreement.
Driving score/Driver Score: A driving score between -10 and +10 which is calculated during any journey in your car by OYD using the telematics data transmitted by your OYD Smartdriver App. A higher score demonstrates a safer driving behaviour.
Mobile device: The device, with cellular and Bluetooth® capability, upon which the OYD Smartdriver App will be activated and that will be paired to the Insured vehicle.
OYD/Only Young Drivers: Only Young Drivers, an insurance intermediary working in conjunction with your insurer.
OYD Smartdriver App: Only Young Drivers’ mobile device App downloaded and registered on to your mobile device and connected to the Insured vehicle’s Bluetooth® device or OYD Smartdriver beacon which transmits telematics data to Only Young Drivers.
Red Driving Week: A week where your overall driving score from all the journeys you have undertaken is below zero. This will be the result of unacceptable, dangerous or higher risk driving behaviours recorded in your driving over that week. Unacceptable, dangerous or higher risk driving behaviour will include things such as:
- Driving at excessive speed on the roads you were driving on
- Frequent incidences of harsh acceleration, braking, or sharp cornering
OYD Smartdriver Beacon: a device which when secured in the insured vehicle will provide a Bluetooth® connection with your mobile device ensuring all journeys undertaken are recorded
Telematics Data: Information collected and transmitted by your OYD Smartdriver App that enables analysis of driver behaviour.
United Kingdom: Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.
DVLA check code: From mid 2015 the paper part of your licence will no longer be valid, and the traditional paper-only licences may not have your latest points and fines recorded, so you will have to request am access code from the Driver and Vehicle Licensing Agency (DVLA) to share with us. You can do this via the new Share Driving Licence online service at www.gov.uk/view-driving-licence
How does telematics work?
Commercial and emergency vehicles have been using telematics for a considerable period of time as part of fleet management, insurance and for safety purposes. The OYD Smartdriver App observes your driving style including time and length of the journeys you undertake. The information is analysed to understand your driving style and aptitude on the road which translates to lower insurance premiums for drivers who demonstrate a safer driving style.
OYD is committed to ensuring that your information is secure. OYD will not sell, distribute or lease your personal information to third parties unless you have given your permission or are required by law to do so. OYD will handle all information responsibly and fairly and in accordance with Data Protection Act, 1998 and best practice guidelines.
In order to prevent unauthorised access or disclosure OYD have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information OYD collect including information gathered online.
OYD will not keep and process data for longer than is necessary and only access data where there is a clear need to do so, such as managing a policy, handling a claim, or responding to a query or for purposes to which you have consented.
Whilst you are entitled to request your personal telematics data from OYD, it must be pointed out that OYD are only able to provide you with written confirmation of the live data to which you already have immediate and on-going access when viewing your OYD Smartdriver App. United Kingdom data protection rules give you the right to have the data in writing. As explained upon receiving such a request OYD can only provide limited information in the same way as the information in your OYD Smartdriver App.
If you wish to make a request, please write to:
Customer Services, Only Young Drivers, Nile Street, Burslem, Stoke-on-Trent, ST6 2BA
Calculation of premium
It is important to understand that driving behaviour and claims will impact your premium at renewal as telematics data will help us analyse, over time, the amount of greater or lesser risk you present.
OYD and your insurer will continually redefine their rating models and this will affect assessment of future risks and premium payable.
This app is for use by United Kingdom residents only and so it should be disabled when not in the United Kingdom to avoid data charges. OYD will not be liable for any data charges occurred as a result of you using the OYD Smartdriver App outside of the United Kingdom.
As the OYD Smartdriver App uses GPS data to locate Your mobile device and GPRS data to transmit information, you should be aware that this transmission is subject to your agreement with your network provider and therefore OYD accept no responsibility or liability for any network fees or any other associated costs which may be charged as a result of you using the OYD Smartdriver App.
Data charges may apply, please contact your service operator for more detail. Costs will vary by network, but will typically be covered by most contracts. You can prevent the OYD Smartdriver App from using your data allowance by setting the data transmission to WiFi only in the ‘Help’ section.
What does the OYD Smartdriver App actually measure?
- Location of your car
- Time of use
This list is not exhaustive, and may include real-time collection of data.
The OYD Smartdriver App collects information about the way You drive. This information is used by Only Young Drivers to calculate your Driving Score. Every Journey made in the Insured vehicle will be given a Driving Score. This data will be made available to you, the Insurer and Only Young Drivers.
The Driving Score is calculated by Only Young Drivers and is based on the following factors:
Smoothness – measures sharp acceleration, braking, deceleration, changes in direction and up and down movement over the course of each Journey. The smoother you drive the higher the Driving Score which may be earned.
Speed – measures your speed against both the average speed and speed limit for the roads being driven. Your speed score will reduce based on the amount of time your speed is above the average for the road or the speed limit and increase for the amount of time your speed is below the average for the road or the speed limit.
Usage – measures time of day, Journey volume and Journey duration.
Your Driving Score is recorded and displayed via the OYD Smartdriver App. Every Monday at midday the score for the previous week is calculated for the purposes of monitoring consistently negative Driver Scores. This weekly score will be a combined score based on every journey undertaken by you which has been recorded by the OYD Smartdriver App for that week.
For any week
- where the total mileage for all journeys by you has been of a distance of less than 5 miles, or
- where all journeys recorded by the OYD Smartdriver App have been undertaken solely outside the Geographical limits
Your Driving Score will be recorded as zero for the purposes of monitoring consistently negative Driving Scores.
What are the score implications?
Your driving style is broken down into Smoothness, speed and usage. To make it easy for you to understand and so you can make changes, your style is reflected in a score between -10 and +10 , with a high score meaning safer driving.
OYD and your insurer will then use your driving score to monitor ongoing negative behaviours, which may lead to your policy being cancelled and when calculating your renewal premium.
Smartdriver General Conditions
You must comply with the following conditions to have the full protection of your policy. If you fail to comply OYD may, at their option:
- cancel your policy and refuse to pay any claim or;
- not pay any claim in full, or;
- revise the premium and/or charge a compulsory excess, or the extent of cover may be affected
Please note that should OYD cancel your policy it may result in other insurance providers refusing your application for alternative motor insurance.
1.First Installation of your OYD Smartdriver App
Upon completion of the purchase of your OYD Smartdriver Policy, OYD will immediately send a link to the email address, designated by you prior to the policy inception, which will enable you to download the OYD Smartdriver App.
You will be required to follow the installation instructions in order to connect the OYD Smartdriver App to the Insured vehicle’s Bluetooth® device or the Smartdriver Beacon.
Following the purchase of your OYD Smartdriver policy, you must:
- download and connect the OYD Smartdriver App to the Insured vehicle immediately but in any event by no later than 24 hours from the commencement date and time of your policy;
- enable the location services on your designated Mobile Device;
- connect the OYD Smartdriver App to the Insured vehicle’s Bluetooth® device;
If you fail to install the OYD Smartdriver App and connect it to the Insured vehicle within 24 hours of the commencement date and time of your policy, we will cancel your policy. The only exception to this is where you require a Smartdriver beacon to create the Bluetooth® connection in which case you must connect to the Smartdriver Beacon within 24 hours of you receiving it.
If you drive the Insured vehicle without installing the OYD Smartdriver App or connecting the OYD Smartdriver App to the Insured vehicle we may refuse any claim or not pay any claim in full.
As part of the installation of the OYD Smartdriver App you must:
input your details including your OYD Smartdriver policy number;
input your DVLA Check code to allow us to access your driving history
take photographs of the following:
- the front, sides and rear of the Insured vehicle;
- the odometer showing the current mileage of the Insured vehicle;
- both sides of your photo card driving licence; and
- if you are claiming NCD, documentary evidence of the level of NCD you are claiming (such as your current renewal notice)
and upload them onto the OYD Smartdriver App where requested
2.Use of the OYD Smartdriver App
It is a condition of your policy that all journeys undertaken in the Insured vehicle are recorded by the OYD Smartdriver App.
- enable the location services on your Mobile Device
- ensure you are logged in to the OYD Smartdriver App at all times
- ensure the OYD Smartdriver App is running at all times
- ensure your Mobile Device is connected to the Insured vehicle via Bluetooth® whenever you are driving the Insured vehicle
If OYD detect that journeys are being undertaken in the Insured vehicle which are not being recorded by the OYD Smartdriver App they will contact you as soon as possible to alert you to this and assist you to identify ways to ensure that future Journeys are recorded as required to comply with the terms of this insurance. If you believe that Journeys in the Insured vehicle are not being recorded you must contact OYD as soon as possible.
If any Journey undertaken in the Insured vehicle is not recorded by the OYD Smartdriver App, we may refuse any claim or impose an additional Excess of £500, unless it can be established that the reason the OYD Smartdriver App failed to record or transmit details of the Journey was due to a proven fault or malfunction of the OYD Smartdriver App of which you were previously unaware. If Journeys continue to be made in the Insured vehicle which are not being recorded by the OYD Smartdriver App 21 days after OYD have brought this to your attention, we may cancel your insurance.
If we believe Journeys are deliberately not being recorded, we may consider this to be a fraudulent act, in which case we will terminate cover and all premiums will be forfeited.
3.Changing Your car
This insurance only applies to the Insured vehicle shown in the current Policy Schedule. If you change the Insured vehicle you must notify OYD immediately.
In addition to arranging cover on the new vehicle OYD will also arrange for a new link to be sent to your Mobile Device in order to install and pair the OYD Smartdriver App to the new Insured vehicle. The OYD Smartdriver App must be installed and connected to the Insured vehicle in accordance with Smartdriver General Condition 1 – First installation of your OYD Smartdriver App
4.Mobile Device Compatibility
It is a condition of your policy that you have a Mobile Device which is compatible with the OYD Smartdriver App.
If your Mobile Device
- is not compatible with the OYD Smartdriver App; or
- is lost, damaged or stolen and not repaired or replaced; or
- is replaced with a device which is not compatible with the OYD Smartdriver App;
all cover under the policy will cease. Provided you have not made a claim in the current Period of insurance we will only charge you on a pro rata basis for the period we have been on cover.
If you replace your mobile device with one which is compatible with the OYD Smartdriver App, you must download the OYD Smartdriver App on the new device and enter the credentials you were sent at the start of your policy by OYD. The OYD Smartdriver App must be installed and connected to the Insured vehicle in accordance with Smartdriver General Condition 1 – First installation of your OYD Smartdriver App
5.Unacceptable Driving Behaviour
You must observe the law at all times. Poor driving behaviour (including the Insured vehicle being driven at speeds which exceed the speed limit for the road on which it is being driven) will affect your Driving Score. In particular, if the OYD Smartdriver App detects that you have a consistently negative weekly Driving Score the following condition applies to this insurance policy:
Consistently Negative Driving Scores – Red Driving Weeks
If your Driving Score is negative (a score less than zero) for any given week where you have completed one or more Journeys of a total distance greater than 5 miles, you will be given a Red Driving Week this will result in a warning both in writing and via the notifications area of the OYD Smartdriver App about future driving conduct.
If, following this initial warning, you have further Red Driving Weeks:
- 3 Red Driving Weeks over a four week period or,
- 5 Red Driving Weeks over a 3 month period or,
- 8 Red Driving Weeks over the Period of insurance
Your policy will be cancelled.
Driving at Excessive Speed
In addition to the Consistently Negative weekly Driving Scores condition above we also retain the right to cancel your policy immediately in the event of you driving at excessive and dangerous speeds in relation to the speed limit of the road you are driving on. OYD will contact you in the event of any such events prior to any cancellation being issued.
The speeds we will start to issue warnings that can lead to your policy being cancelled are detailed below:
||Excessive Speed Threshold
6. You understand the data collected from the OYD Smartdriver App is used to assess the way in which you drive and the premium charged at each renewal of your policy will be adjusted to reflect the driving score Please note that premiums can increase as well as decrease.
7. You must ensure that your mobile device is suitably secured when you are driving your vehicle
8. You understand that your safety and the safety of others through the safe control of your car is of paramount importance, and you will:
- Only use your mobile device when it is legal and safe to do so in accordance with all relevant traffic and highway laws, rules and codes.
- Ensure that any interaction between you and the OYD Smartdriver App (including any data entry operations that are required) only occurs whilst the car is stationary, with the engine switched off and parked in a safe place.
Your cancellations rights
You have the statutory right to cancel your policy within 14 days from the day of the purchase or renewal of the contract or the day on which you receive the policy or renewal documentation whichever is the later.
If you wish to cancel and the insurance cover has not yet commenced, you will be entitled to a full refund of the premium less our £25 to cover the administration of your policy.
Alternatively if your policy is cancelled within 14 days from the latter of either the start date of the policy or the date you receive your documents we will charge up to £50.00 to cover the administration of your policy plus any insurers charge, and the charge for the time on cover. If your policy is cancelled after the 14 day period an administration charge of £79.95 will apply in addition to any charges made by your insurer, plus the time on cover.
To cancel, please contact
Only Young Drivers on 03303 438 872 via phone or alternatively you can write to Customer Services, Only Young Drivers, Nile Street, Burslem, Stoke-on-Trent, ST6 2BA
If you do not exercise your right to cancel your policy, it will remain in force and you will be required to pay the premium.
We (or OYD, who we have appointed and act with our specific authority) may cancel this policy where there is a valid reason for doing so, by sending at least 7 days; notice to your last known postal and/or email address setting out the reason for cancellation.
Valid reasons include but are not limited to the following:
- Non-payment of premium. If premiums or instalment payment(s) are not paid when due we will write to you requesting payment by a specific date. We will give you at least 14 days’ notice in writing if we intend to cancel due to non-payment. If we receive payment by the date set out in the letter we will take no further action. If we do not receive payment by this date we will cancel the policy from the cancellation date shown on the letter.
- Where we reasonably suspect fraud.
- Evidence of you blocking the signal from the OYD Smartdriver App will result in immediate cancellation of all cover, and may result in you being liable to OYD for any loss. This may mean that it will be increasingly difficult for you to obtain motor insurance in the future.
- Where the persons insured fail to co-operate with us and provide us with the information or documentation we reasonably require, and this affects our ability to process a claim, or defend our See the ‘Claims procedure’ section in your policy booklet.
- Where you have not taken reasonable care to provide complete and accurate answers to the questions we See the ‘Contract of Insurance and Changes we need to know about’ section of your policy booklet and the separate ‘Important Information’ notices supplied.
- Where you have not downloaded the OYD Smartdriver App as required by Smartdriver General Condition 1 or not been using it when you drive the Insured vehicle as required by Smartdriver General Condition 2
- Continued evidence of high risk driving and negative weekly driving scores (see Smartdriver General Conditions, point 5 )
- If we cancel the policy under this section you will be entitled to a refund of the premium paid in respect of the cancelled cover, less a proportionate deduction for the time we have provided such cover, unless the reason for cancellation is fraud and/or we are legally entitled to keep the premium under the Consumer Insurance (Disclosure and Representations) Act 2012.
Important Note: The Consumer Insurance (Disclosure and Representations) Act 2012 sets out situations where failure by the policyholder to provide complete and accurate information requested by an insurer allows the insurer to cancel the policy, sometime back to its start date and to keep any premiums paid.
Where our investigations provide evidence of fraud or a serious non-disclosure we may cancel the policy immediately and backdate the cancellation to the date of the fraud or when you provided us with incomplete or inaccurate information, which may result in your policy being cancelled from the date you originally took it out.
OYD will review your overall driving score and other telematics data at each renewal and that analysis will influence the renewal terms offered, and conditions imposed. OYD will explain any charges, conditions and limitations that apply, including any unusual characteristics.
Smart Driver App Licence
- The application is offered for the purpose of monitoring and recording journey information collected in the course of administering your OYD Smartdriver You must ensure that you comply with any telematics conditions set out in your policy documents and these Terms and Conditions.
- The OYD Smartdriver app is the sole property of Trak Global Solutions Limited and is granted to you by Only Young Drivers as a transferrable licence to use the app on any compatible mobile device that you own or are in control of.
- The licence granted for the use of the OYD Smartdriver app is limited to you.
- You may not rent, lease, lend, sell, redistribute or sublicense the OYD Smartdriver app. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the OYD Smartdriver app, any updates, or any part thereof. You agree and acknowledge that an attempt to do one of these acts is a violation of the rights of Trak Global Solutions Limited and its licensors. If you breach this restriction you may be subject to prosecution and claim for damages. The terms of the OYD Smartdriver app licence will govern any upgrades provided that replace and/or supplement the original OYD Smartdriver app, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern the upgrade.
- Information collected by the OYD Smartdriver app includes; any personal details that you submit such as your email address, photographs of required documentation and your
- Individual journey data including; location of each individual journey, your OYD Smartdriver app may also provide intermittent location updates when not connected to your car’s Bluetooth device or Smartdriver beacon. The OYD Smartdriver app licence is effective until terminated by you or Your rights under this OYD Smartdriver app licence will terminate automatically without notice from us if you fail to comply with any terms of this licence. Upon termination of the OYD Smartdriver app licence you shall cease all use of the OYD Smartdriver app and destroy all copies, full or partial of the OYD Smartdriver app.
- The OYD Smartdriver app will enable access to Only Young Drivers services and from time to time websites. Use of these websites will require internet access, in which case you acknowledge that additional items of service may apply. Certain services may display, include or make available content, data, information, applications or materials from third parties. By using these websites you acknowledge and agree that:
- a. OYD are not responsible for examining or evaluating the content of such third party materials or websites
- b. We do not have any liability or responsibility to you or any other person for third party materials or websites
- We, nor any of our content providers, guarantee the availability, accuracy, completeness, reliability or timeliness of stock information or location data displayed by any services.
- You acknowledge that any services and Third Party materials may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and agree that you will not use (including but not limited to use for any commercial purposes) copy, re-use or store such proprietary content, information or materials in any way whatsoever except for permitted use of the services. No portion of the services or Third Party materials may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the services or Third Party materials, in any matter and you shall not exploit the services or Third Party materials in any unauthorised way.
- To the extent permitted by law we shall not be liable for any indirect damage arising out of or in relation to your use or inability to use the OYD Smartdriver app, however caused, including but not limited to your failure to submit to us true and accurate personal information.