Terms and Conditions — Insurance Section
Last updated: January 29, 2019
Terms and Conditions of Use for the "Insurance" Section within the Pago App
Effective as of January 29, 2019
By using the Insurance section of the App (as defined below) and by explicitly accepting these terms and conditions by checking the appropriate box, it is deemed that the User (as defined below) has read this document, understood its content, and agreed to the clauses stipulated herein.
1. Definitions
The terms used in this document are defined as follows:
1.1. User - any natural person or representative of a legal entity who creates an account within the App and uses the Insurance section of the App, regardless of whether they contract an Insurance Policy (as defined below) within the section, thus becoming an Insured;
1.2. Insurance Policy – any type of insurance policy such as RCA, Travel, or PAD (mandatory house insurance), available for contracting within the Insurance section of the App, as per the offers made available to the User by the Broker through the App (as defined below);
1.3. App - the smartphone application "Pago Plătește," available for Android and iOS operating systems, developed and exclusively owned by the App Developer, through which Users can make payments to various service providers available in the App. For the avoidance of any doubt, in the context of this document, the definition of the App does not include the website associated with the domain name pagoplateste.ro, given that this website only hosts information about the existence and functionalities of the Insurance section within the App without offering the possibility of using the services available in the Insurance section directly through the website;
1.4. Insured - a natural or legal person holding an Insurance Policy issued by an Insurer (as defined below), through the App and based on the offers made available by the Broker;
1.5. Insurer - a Romanian or foreign legal entity or mutual society, authorized under Law No. 237/2015 on the authorization and supervision of insurance and reinsurance activities, to carry out insurance activities, and whose offers are available in the App through the Broker; the App Developer does not guarantee the presence of offers from certain Insurers in the App, this aspect being regulated based on the contractual relationship between the Broker and the Insurers.
1.6. Personal Data - any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, psychological, economic, cultural or social identity;
1.7. App Developer – refers to Timesafe SRL, a Romanian legal entity with its headquarters in Voluntari, Erou Iancu Nicolae 87-2F, Ilfov County, registered at the Trade Register under No. J23/1658/2016, tax code 35968582;
1.8. Broker – refers to Renomia Insurance Reinsurance Broker SRL, an entity authorized by the FINANCIAL SUPERVISION AUTHORITY and registered in the Brokers' Registry.
2. About the Broker and the Services Offered
2.1. The Insurance Policies available following the use of the Insurance section within the App are issued by Insurers, through the Broker.
2.2. Correspondence details of the Broker in relation to the Insurance Policies: Grigore Alexandrescu Street 89-97, building A, 6th floor, Bucharest, Sector 1, email office@renomia.ro, fax: 021 315 49 49, phone: 021 313 83 9, website: www.renomia.ro.
2.3. The main activity of the Broker is identified under CAEN code 6622 - Activities of insurance agents and brokers, registered in the Trade Register under No. J40/8010/1998, unique registration code 10896391.
2.4. The Broker has relevant experience in the main field of activity, having been active in this market for more than 20 years.
2.5. Through the App, in the Insurance section, the Broker provides the following types of Insurance Policies:2.5.1. RCA – compulsory civil liability insurance for damages caused to third parties by vehicle and tram accidents, in accordance with the provisions of Law 132/2017 on compulsory civil liability insurance for damages caused to third parties by vehicle and tram accidents.
2.5.2. Travel Insurance – medical insurance intended for travel.
2.5.3. Home Insurance – insurance against natural disasters, in accordance with the provisions of Law 260/2008 on mandatory insurance of homes against earthquakes, landslides, and floods – (this service will be available soon).
2.6. The Broker has the right to collect premiums related to the Insurance Policies, to pay compensations on behalf of the Insurers, in the currency stipulated in the insurance contract, as applicable, with respect to the legal provisions in force, and to issue insurance documents on behalf of the Insurer.
3. Using the Insurance Section
3.1. Upon first use of the Insurance section within the App, the User inserts, based on a form provided by the App Developer, the information necessary to receive offers from Insurers through Brokers. This information is exclusively necessary for transmitting relevant insurance offers and concluding an Insurance Policy, as applicable. The User has the right to revise any data filled out before submitting the completed form to the Broker.
3.2. Information entered by the User is transmitted to the Broker, based on which the Broker, within the App, transmits offers from Insurers.
3.3. After receiving offers from the Broker, through the App, the User has the option to choose one of the offers. After making a choice, the User is notified to make the payment of the amount indicated within the chosen offer. By pressing the "Pay" button and selecting the payment method, as well as by completing other payment-related information, the User agrees that the amount of money indicated within the chosen offer be debited from the card account chosen by the User.
3.4. After making the payment, the User receives a notification confirming the payment within the App. Additionally, the User receives an email, at the email address provided within the App, a confirmation email of the order containing all the details of the order placed, alongside the Insurance Policy issued by the Insurer.
4. Activity of the App Developer
4.1. The App Developer is responsible for securing the App and the information / Personal Data transmitted by the Broker and User. Insofar as the User suspects that the security of their Personal Data might be compromised in the process of using the Insurance section within the App, they must immediately notify the App Developer via an email to datepersonale@pagoplateste.ro.
4.2. The App Developer provides the User, within the App, with all the information received from the Broker so that the User can make an informed decision about how and in what ways they use the Insurance section of the App.
4.3. The App Developer processes requests from Users in the Insurance section in the order they are received, by automatically transmitting them to the Broker's systems.
4.4. The App Developer will record the date of transmission of a form filled out by the User within the Insurance section, the time, and the identifier of the device used by the User to transmit a completed form. This information is necessary to be able to solve any technical problems reported by the User or Broker.
4.5. The App Developer, at the Broker's instructions, has the right to request the User for any additional documents and/or information necessary to establish the insurable interest in order to eliminate fraud, using the identification data transmitted by the User within the App. Additionally, given that the Insurance section is intended to function automatically, there is a possibility that a User may not receive offers from Insurers, insofar as the data entered by the User within the Insurance section are not correct, the App will notify the User about the incorrectness of the data entered.
4.6. In the absence of the presentation of the documents and information requested according to the previous point, the User understands that the App Developer has the right to partially or totally limit the use of the Insurance section of the App, a section that cannot be functional in the absence of the documents and information provided by the User.
4.7. If the Broker cannot issue the User an Insurance Policy according to the information transmitted by the User, or due to the non-transmission of documents and information requested by the App Developer from the User, the User will be notified, at the time one of the above situations occurs, regarding the non-conformity or lack of the documents and/or information requested. For the avoidance of any doubt, the User cannot claim the issuance of an Insurance Policy in the absence of resolving the issues indicated in the notification transmitted by the App.
4.8. The Broker is exclusively responsible for managing the Insurance Policies issued with the help of the App. In this regard, based on the information provided by the Broker to the App Developer, the User will receive an email and a notification within the App, which will announce the approaching expiry date of the Insurance Policy held by the User, according to the Broker's records, or related to other requests or notifications that may occur during the validity period of the Insurance Policy.
4.9. The App Developer is not liable for any damage (direct or indirect) caused to the User or any other third party on whose behalf and/or account the User is entitled to use the App, relating to the use of the App and the information it contains or any other damages or injuries caused by errors, omissions, defects, delays or interruptions in operation or transmission, viruses or any other similar factors.
5. User Activity
5.1. The User has the obligation to read the general insurance conditions and any other documents made available to them in relation to an Insurance Policy, within the App, and to request further details about these from the Broker, via the corresponding functionality within the App.
5.2. By launching the command to obtain offers, the User mandates the Broker to represent them in relations with the Insurers to obtain the requested offers and to issue the policies, in case one of the offers is accepted.
5.3. In using the Insurance section within the App, the User has the obligation to provide only real and compliant data according to the documents attesting to the User's ability to use the Insurance section within the App. All data requested within the Insurance section are necessary for obtaining offers from Insurers, through Brokers.
5.4. The Insured understands and accepts that, given the online card payments within the App, the App Developer has no obligation towards the Insured to bear any of the costs related to the unilateral denunciation by the Insured of the Insurance Policy concluded between the Insured and the Broker, and that it is not liable in any way towards the Insured in this situation.
5.5. Except for travel insurance policies or other short-term insurance policies with a duration of at most one calendar month, the Insured has the right to unilaterally denounce the Insurance Policy during the unilateral denunciation period of 14 calendar days from the receipt of the Policy and the contractual conditions, without penalties and without the need to invoke a reason.
5.6. The User declares that they have been made aware of:a. the provisions regarding the consumer's right to appeal to alternative dispute resolution according to the Regulation of the Financial Supervisory Authority No. 4/2016 on the organization and operation of the Alternative Dispute Resolution Entity in the financial-banking domain and according to Government Ordinance No. 38/2015 on alternative dispute resolution between consumers and merchants;b. the conditions for accessing dispute resolution procedures according to:- art.23 para. 2 of Regulation No. 4/2016 - Entities authorized, regulated and/or supervised by the A.S.F., as applicable, have the obligation to inform consumers that the entity to which they can address is SAL-FIN (www.salfin.ro);- according to art.23 para. 3 of Regulation No. 4/2016 - Entities authorized, regulated and/or supervised by the A.S.F. cannot refuse to resolve the dispute within SAL-FIN in case the consumer has explicitly and voluntarily opted for resolution (www.salfin.ro).
5.7. The User is fully responsible for the information transmitted through the form completed within the App. If the Insurance Policy has been issued, the information can no longer be changed except under the conditions and with respect to art. 7.2. In this case, the Insured assumes full responsibility for the incorrect data, which can lead to a payment difference and even to the invalidation of the respective Policy. In the event of such errors, the Insured assumes the obligation to pay the resulting premium differences or other sums that arise as a result of the erroneous provision of the order data of the Policy.
5.8. For any complaint related to the use of the Insurance section within the App that the User or Insured cannot resolve by appealing to the Complaints section within the App, the User can access the Petitions section within the website of the Financial Supervisory Authority.
6. Clauses Regarding the Provision of Personal Data
6.1. For details regarding the Personal Data collected within the Insurance section, please access the Personal Data Processing Policy, available here.
6.2. All Personal Data provided by the User to the Broker through the App are necessary and collected at the request of the Broker, for identifying, by the Broker, the most advantageous offer for the User and are processed and used for completing the order whose validity is strictly conditioned by their authenticity. For the avoidance of any doubt, the data controller of these data is the Broker. For more information on how the Broker processes Personal Data, please consult its personal data processing policy or contact the Broker, using the contact details indicated above.
6.3. The Broker makes every effort to ensure the confidentiality of all data provided by the User. The User has the obligation to provide the requested data completely, correctly, and truthfully for the completion of the order. The incorrect provision of these data entails penalties in accordance with the law.
6.4. The App Developer processes Personal Data obtained from the User in the process of completing the form necessary for obtaining offers from Insurers following the instructions of the Broker. As a rule, the App Developer will not retain and process these Personal Data, other than for the duration necessary and for the purpose of issuing the Insurance Policy. The Broker may retain part or all of these data, so the User may exercise their rights regarding these data directly in relation to the Broker.
6.5. However, in certain situations, the App Developer processes some of these Personal Data (i.e., phone number, email address), as a controller, with the purpose of communicating to the User important information regarding the Insurance Policies concluded. For more details on how the App Developer processes these Personal Data, as a controller, please access the Personal Data Processing Policy, available here.
7. Communication between User and Broker
7.1. Any communication related to the use of the Insurance section must be made via email to the Broker's email address or through the corresponding functionality within the Insurance section of the App. To the extent that the communication refers to a problem encountered regarding the Insurance section, the Broker may request the User for additional details regarding the mentioned issue, including, without limitation, Personal Data about the User.
7.2. Any communication is considered to have been made at the time it is received by the recipient. Communication via email is considered to have been received by the recipient on the day of successful sending of the communication. Sending is considered unsuccessful if the sender receives a non-delivery message.
7.3. The Broker undertakes to respond to the communication received within a maximum of 30 days from the date of receipt, also via email at the correspondence address communicated by the sender within the communication.
8. Conditions for the Return of Insurance Policies by the Insured
8.1. The Broker has the obligation, at the request of the Insured, to correct and resend to the User the Insurance Policy issued containing incorrect or incomplete information/data, under the conditions in which the User has provided correct and complete information in the order form. In this situation, the resending of the corrected policy to the User will be done at the Broker's expense. In this regard, the User will inform the Broker about this situation using the contact details provided by the Broker within the App (contact address, email address, call center number).
8.2. In the situation where the Insured notices at the time of delivery that the Insurance Policy contains erroneous data, due to the fault of the User who entered incorrect, non-compliant data/information in the order form, the Insured may request, as applicable, the correction of the errors and the delivery of a policy containing correct data, bearing in this case the transport fee.
