BREEZ TECHNOLOGY LIMITED: TERMS AND CONDITIONS AND PRIVACY POLICY

INTRODUCTION

Your privacy

We take privacy, data security and your safety very seriously. We commit to:

  • Never selling your personal data or sharing it with anyone that does not need it.
  • Only using your personal information that relates to current or future Breez products, services or benefits. 
  • Being transparent in terms of the data we collect.
  • Putting you in control of your personal data that we store on your behalf.

Our terms and conditions 

  • These terms and conditions together with our Privacy Policy (See Clause 9 below) set out the terms on which you may make use of our Application (as defined below). Please read these terms and conditions and privacy policy carefully before you start to use our Application.

Agreement

By downloading or using our Application, you agree that you accept these terms and conditions, including the privacy policy, and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our Application.

TERMS AND CONDITIONS

  • DEFINITIONS AND INTERPRETATION

The following terms and conditions (the “terms and conditions”) are a legal agreement between the customer “you”) and Breeze Technology Limited trading as Breez or Breez Insurance (“we”, “our”, “us”), a company with a registered office at 27 Stonor Road, London W14 8RZ and registered number 13916877.

In addition to the capitalised terms defined elsewhere in these terms and conditions, the following terms shall have the meanings set out below.

  • “Application” means the Application published by us for use on mobile telephones and smartphones, tablet computers, laptop computers, wearable device such as smartwatches. 
  • “Intellectual Property Rights” means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
  • “Customer” means a customer of Breez Technology Limited who has the benefit of one or more of the benefits, services and products offered and facilitated by Breez. 
  • TERMS AND CONDITIONS
  • In consideration of you agreeing to abide by these terms and conditions we will provide the Application to you in accordance with these terms and conditions.
  • You agree to comply with any third party terms applicable to the downloading of our Application and in relation to the use of your device.
  • INFORMATION ABOUT US
  • Our Application is operated by Breez Technology Limited, a company with a registered office at 27 Stonor Road, London, W14 *RZ and registered number 13916877.
  • YOUR QUESTIONS
        1. If you have any questions about our Application, please email us using our secure web form which can be found at https://breez.insure/about/
  • LICENCE
        1. Subject to these terms and conditions, we grant to you a non-exclusive, non-transferable, royalty free licence, without the right to grant sub licences, solely for your personal use and solely for the duration of this agreement between us to install one copy of the Application onto a single approved device as set out below. If you own more than one approved device then you must download a separate copy of the Application to that device.
  • USING OUR APPLICATION
      1. By downloading our Application you warrant that:
  1. you are legally capable of entering into binding contracts;
  2. you are at least 18 years old; and
  3. you will abide by these terms and conditions in particular the prohibited uses at clause 9.
  • ACCESS TO OUR APPLICATION
  • Access to our Application is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Application without notice (see below). We will not be liable if for any reason our Application is unavailable at any time or for any period.
  • From time to time, we may restrict access to some parts of, or our entire Application.
  • You are responsible for making all arrangements necessary for you to have access to our Application.
  • You are responsible for controlling the access to and security settings of any device on which you install the Application.
  • HOW THE CONTRACT BETWEEN YOU AND US IS FORMED
  • You enter into a contract with us in relation to your use of our Application when you download our Application onto your device and registering for a Breez account. This contract is distinct to your rights and obligations under the terms and conditions set out in full on the
  • PROHIBITED USES OF APPLICATION
  • You may use our Application only for lawful purposes. You may not use our Application:-
        1. in any way that breaches any applicable local, national or international law or regulation;
        2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
        3. for the purpose of harming or attempting to harm adults and/or minors in any way;
        4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • INTELLECTUAL PROPERTY RIGHTS
  • We are the owner or the licensee of all Intellectual Property Rights in our Application, and either own all Intellectual Property Rights in, or are licensed to publish, the material on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these terms and conditions will be construed as conferring any licence of our Intellectual Property Rights except those licences expressly granted in these terms and conditions.
  • Except as set out in this clause 10, you must not use, copy, store, download, sell, reproduce, redistribute, disclose, publish, rent, lease or lend the Application during or after the term of this agreement.
  • You agree not to modify the Application, remove any copyright, trade mark or other Intellectual Property Rights from the Application or allow a third party to do so.
  • You must not remove any copyright, trade mark or other Intellectual Property Rights legend from the Application.
  • You agree not to make use of any of our trade marks or other Intellectual Property Rights in any manner unless we have given you express written permission to do so.
  • You agree not to copy, duplicate, reverse engineer, reverse compile, disassemble, record or otherwise reproduce all or any part of the Application.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • You must not use any part of our Application or materials on it for commercial purposes without obtaining a licence to do so from us and our licensors.
  • If you print off, copy or download any part of our Application in breach of these terms and conditions, your right to use our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • RELIANCE ON INFORMATION POSTED
  • Commentary and other materials posted on our Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Application, or by anyone who may be informed of any of its contents.
  • PRIVACY POLICY 
  • This privacy policy is complementary to, and should be read and understood together with, the general terms and conditions.
  • The General Principles of our Privacy Policy
        1. This privacy policy covers how we treat your personal information collected electronically when you use the Site, register or apply online for any of our products or services, or when you contact us electronically.
        2. We respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.
        3. When dealing with your personal information we apply the following:
          1. We will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so;
          2. We will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted or required to do so by law
  • What do we mean by Personal Information
  • Personal information refers to information that identifies or relates specifically to you, for example, your name, birth date or any information you use to register for the Application. 
  • How we collect your Personal Information
  • Whenever you use the Application, complete an application form, contact us electronically, or use one of the products, services, facilities, tools or utilities offered by us on the Application, we will collect your personal information.
  • Why we collect and use Personal Information
  • In order to make your use of the Site and the products, services, facilities, tools or utilities offered on the Application as informative and successful as possible, it is necessary for us to find out exactly what you need and want. The following are some of the reasons (i.e. disclosed reasons) why we would collect your personal information:
        1. for us to process your instructions or requests; or
        2. for us to ensure that we meet your needs, we may collect and analyse your personal information and combine all the information that we have about you for research and statistical purposes. We may also use your personal information to personalise and tailor our services to meet your needs; or
        3. once we have collected and analysed your personal information, we may send you promotional material or details which we think may be of interest to you.
        4. to conduct market research;
        5. to conduct academic research which may be used to evaluate and improve our product offerings. You are advised that information may be shared with third parties such as academics and researchers. All such information collected will be kept strictly confidential and all data will be depersonalised to the extent possible and where appropriate. No personal information will be made available to a third party unless such third party has agreed to abide by strict confidentiality protocols. If we publish the results of this research, you will not be identified by name.
        6. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. If at any stage after you have given us your consent you no longer wish us to use or share your personal information, you may at any stage withdraw your consent.
        7. You accept that we may store your personal information outside of the region or country that you may submit or use it in.
  • Location, activity and sensor data
        1. Once you have given the Application access to your location, we collect the latitude and longitude of your device/s as well as information relating to your movement. Your location can be determined using the following:
          1. GPS;
          2. IP address;
          3. Sensor data from your devices; and;
          4. Mobile phone towers and Bluetooth-enabled devices near your device.
        2. Once you have given the Application access to activity and sensor data, we collect the information such as your step count, activity type and raw data from your phone’s sensors.  
        3. We use your location data, activity data and sensor information for certain products, services and features on the Application such as: 
          1. Detecting the start and end of a trip 
          2. Detecting if you have been in an accident
          3. Determining the mode of transport;
          4. Determining whether you are a driver or a passenger
          5. Determining your driving behaviour while on a trip
          6. Location-based and activity-beased features, products and services
        4. If you would no longer like us to collect certain data, you may adjust your device settings. This will have an impact on certain features on the Application, such as the ability to locate you in case of emergency.
  • Protection of your Personal Information
        1. We value the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information we have concerning our customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
        2. When you use the products, services, features, tools or utilities provided by us on the Application, you may be given an access number, user name, password and/or personal identification number (PIN). You must always keep your user name, access card, password and/or PIN a secret and ensure that you do not disclose it to anyone.
  • Correction of Personal Information
        1. If you ever want to update or correct any of your personal information held by us, you can e-mail or contact us directly through the Application
        2. Personal Information held by or disclosed by you or us to a third party
          1. Because we are not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), we don’t exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.
          2. We may enter into arrangements with its partners or other third party suppliers which will require us to disclose your personal information to these third parties for the purpose of transferring data to us from a device(s) that measures bodily functions or fluids. You hereby consent to us disclosing your personal information to these third parties for this purpose and you also consent to receiving data about yourself from these third parties. If at any time after you have given us your consent you no longer wish to disclose your personal information to these third parties, you may at any time withdraw your consent.
        3. Cookies and Online advertising
          1. We uses cookies. We use the word “cookie” to refer to information that is sent from the Site to your hard drive, where it is saved. In this way, the next time you use the Site, we will know who you are and that you have visited the Site before. We also collect information about how you use the website, your preferences and past browsing history.
          2. We engage third parties that help us deliver banner advertisements and other online communications. The third parties may collect and use information about our customers to help us understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.
          3. Third party vendors, including Google and Facebook, show our ads on sites on the internet.
          4. Third party vendors, including Google and Facebook, use cookies to serve ads based on a user’s prior visits to our website.
          5. Users may opt out of Google and Facebook use of cookies by declining the use of cookies while using the Site. 
        4. Changes to this Privacy Policy
          1. We may amend this privacy policy from time to time. We will give you notice of any material changes within a reasonable time, however, we recommend that you familiarise yourself with this privacy policy regularly.
          2. The current version of this privacy policy will govern the respective rights and obligations between you and us each time that you access and use the Application.
        5. Which laws apply to this Privacy Policy
          1. This privacy policy is governed by the laws of the United Kingdom, and you consent to the jurisdiction of the English courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.
  • VIRUSES, HACKING AND OTHER OFFENCES
  • You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • You must not attempt to gain unauthorised access to, interfere with, damage or disrupt our Application, the server, equipment or network on which our Application is stored, any software used in the provision of our Application or any server, computer or database connected to our Application. You must not attack our Application via a denial of service attack or a distributed denial of service attack.
  • By breaching this clause 13, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.
  • We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Application or to your downloading of any material posted on it, or on any website linked to it.
  • You must not reproduce duplicate, copy or re-sell any part of our Application in contravention of the provisions of these terms and conditions.
  • SUSPENSION AND TERMINATION
  • We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate including terminating this agreement. If this agreement is terminated for any reason you will delete our Application from your device and we have the right to block your access to the Application.
  • Failure to comply with these terms and conditions constitutes a material breach of these terms and conditions upon which you are permitted to use our Application, and may result in our taking all or any of the following actions:-
        1. immediate, temporary or permanent withdrawal of your right to use our Application;
        2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Application;
        3. issue of a warning to you;
        4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
        5. further legal action against you;
        6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  • OUR LIABILITY
  • The Application is provided free of charge and therefore is provided to you on your own behalf without any guarantees, conditions or warranties as to its accuracy (whether express or implied). To the extent permitted by law, we, other customers of our group of companies and third parties connected to us hereby expressly exclude liability for:-
        1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
        2. loss of profits;
        3. any direct, indirect or consequential loss or damage incurred by you in connection with our Application or in connection with the use, inability to use, or results of the use of our Application, any websites linked to it and any materials posted on it.
        4. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
        5. Your sole right and remedy in the event of any defect in the Application or its operation, to the exclusion of all other remedies, will be to terminate the licences described in these terms and conditions and to delete the Application from your device.
  • OUR APPLICATION CHANGES REGULARLY
  • We aim to update our Application regularly, and may change the content at any time. If the need arises, we may suspend access to our Application, or close it indefinitely. Any of the material on our Application may be out of date at any given time, and we are under no obligation to update such material.
  • OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
  • We may revise these terms and conditions at any time by amending this page. Please check this page from time to time which can be found on the Application login page. Material changes to these terms and conditions will be notified to you.
  • You will be subject to the policies and terms and conditions in force at the time that you download our Application and then at the time that an Active Reward is generated, unless any change to those policies or terms and conditions is required to be made by law or governmental authority.
  • JURISDICTION AND APPLICABLE LAW
  • The English courts will have exclusive jurisdiction over any claim or dispute arising from, or related to, the Application.
  • These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  • ASSIGNMENT
  • You may not sub-license, assign or transfer in any way any of your rights, liabilities and/or obligations under these terms and conditions on a temporary or permanent basis to any third party without our prior written consent.
  • SEVERABILITY
  • If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.
  • ENTIRE AGREEMENT
  • These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions.
  • We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
  • Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
  • Nothing in this clause limits or excludes any liability for fraud.