General terms and conditions of services and use

General Terms and Conditions of Services

1. Acceptance of the conditions of services

Access and use of the site accessible at the following address: www.luko.eu and of the luko application of the company Allianz Direct Versicherungs-AG/Succursale France, a Société de droit étranger with a capital of €819,200, registered with the trade and companies register of Bobigny under number 953 811 338. Operating under the brand Luko, Allianz Direct Versicherungs-AG/Succursale France is an insurance distributor.

Any access to the luko site or the luko application and/or use of the luko site or the luko application implies the acceptance and respect of all the terms of the present conditions and their unconditional acceptance. They constitute a contract between Allianz Direct Versicherungs-AG/Succursale France and the Internet user, a natural person, who accesses the luko site, who has previously registered and created an account on the luko site (hereinafter referred to as "the Customer").

This contract is concluded for an indefinite period of time after the Customer has used the luko site.

Allianz Direct Versicherungs-AG/Succursale France reserves the right to make changes to the luko site or the luko application as well as the General Terms and Conditions of Service at any time, or to supplement them with new additional contractual conditions, and will inform the Customer in advance. 

In the event of an update of the General Terms and Conditions of Services and if you are a luko Customer, you benefit from a thirty (30) day notice period to inform us of your disagreement, after which time you tacitly accept its terms. In the event that the Customer does not wish to accept all or part of these general terms and conditions, he is asked to renounce any use of the site or the luko application according to his will.

The validity of the insurance product purchased by the Customer implies the Customer's prior acceptance of the "General Terms and Conditions" of insurance.

 2. Special conditions and tariffs

These General Terms and Conditions of Service will be supplemented by Special Terms and Conditions and prices agreed between luko and the Customer.

3. Purpose of the luko website

The luko site offers its Clients a service of issuing and managing insurance policies, but also many other services related to home protection and housing care. 

Thus, "devices" or "sensors" sent together in "lukit" allow to analyse one's daily life and to be in control of one's electricity consumption. Specific conditions of use are described below and represent mandatory conditions without which the lukit service cannot be activated and effective. 

In addition, services such as DR House and the provision of a network of craftsmen are also offered by Luko. In order to improve the services offered, chat exchanges are registered but can be deleted upon request to dpo@luko.eu.

4. Availability of Services

The luko website is available at any location as soon as the minimum technical requirements have been met, in particular in terms of access to the mobile phone network, the Internet and the technical compatibility of the hardware used.

5. Conditions of registration

To open a luko account the customer (natural person) must :

• Be a tax resident in France.
• Be of legal age and be legally capable.
• Have a personal mobile phone.
• Be able and know how to connect to the Internet.
• Have an original valid identity document.

Only one account per Customer is authorized and any attempt at fraud may result in the cancellation of the account.

The Customer has a personal space after registration on the luko website.

The account may be terminated by Allianz Direct Versicherungs-AG/Succursale Franceat any time and without notice due to fraudulent or illicit use of the services and contents of the luko website.

The Customer may terminate his registration at any time in accordance with the terms and conditions described on the luko site.

Access to the luko website is open to anyone but the creation of an account on the luko website requires that the Customer is of legal age.

6. Guarantee

Allianz Direct Versicherungs-AG/Succursale France is only bound to the Customer by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular purpose of the services provided to the Customer.

7. Intellectual Property

The presentation and content of the luko site together constitute a work protected by the laws in force on intellectual property, of which Allianz Direct Versicherungs-AG/Succursale France is the owner.

Any reproduction, in whole or in part, is systematically subject to the authorization of luko.

Likewise, you are prohibited from :

• Extract by temporary or permanent transfer, or to use by making available to the public, all or a substantial part in quantitative or qualitative terms of the luko site or application and other databases visible via our site or application, for commercial or other purposes;
• Extract or repeatedly and systematically use all or part of the information visible on the luko site or application, when such an operation clearly exceeds a normal and private use of the service provided by luko ;
• To exploit, market or distribute any element of the luko website or application, in particular the information visible on the luko website or application and any other database;
• Use software or manual processes to copy our web pages or to record or collect information on these pages without the express prior written consent of Allianz Direct Versicherungs-AG/Succursale France;
• Use devices or software to disrupt or attempt to disrupt the proper functioning of the services provided by Allianz Direct Versicherungs-AG/Succursale France; or take actions that would impose a disproportionate burden on our infrastructure.

7.1 Copyright

The texts, images, drawings and the layout as well as the graphic charter of the luko website are protected by intellectual property law.

It is forbidden to copy, extract, distribute or modify the content of the luko website for commercial purposes. The downloading and printing of text, images and graphic elements is only permitted for private, non-commercial use. The reproduction of drawings, pictures, sound documents, video sequences and texts in other electronic or printed publications requires the prior written consent of Allianz Direct Versicherungs-AG/Succursale France.

Failure to obtain such permission is punishable by the offence of counterfeiting.

7.2 Trademarks

The brands and logos on the luko website are registered and protected trademarks.

Any total or partial reproduction of the brands and/or logos present on the luko site, made from elements of the luko site without the express authorization of Allianz Direct Versicherungs-AG/Succursale France constitutes an infringement punishable by articles L.713-2 and following of the Intellectual Property Code.

7.3 Data bases

The databases established by Allianz Direct Versicherungs-AG/Succursale France are protected by copyright as well as by the law of 1 July 1998 transposing the European directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code.

Except with the written authorization of Allianz Direct Versicherungs-AG/Succursale France, any reproduction, representation, adaptation, translation and/or modification, in part or in full, as well as any substantial qualitative or quantitative extraction to another platform is prohibited and sanctioned by articles L.343-4 and following of the Intellectual Property Code.

7.4 Concession of licence for the exploitation of copyrights and image rights

By placing content on the luko website, the Customer automatically grants a licence to Allianz Direct Versicherungs-AG/Succursale France to use this content for the purposes of managing the luko website for the entire world and for as long as necessary to manage his account.

Finally, the Customer declares that the copyrights thus granted do not infringe the rights of third parties and are not subject to any claims.

The Customer indemnifies Allianz Direct Versicherungs-AG/Succursale France against any claim of any nature whatsoever which may arise from the ownership of the rights granted, whether by virtue of intellectual property rights, image rights, unfair competition or parasitism, and undertakes to reimburse Allianz Direct Versicherungs-AG/Succursale France for any sums to which it may be condemned in this respect.

8. Liability of Allianz Direct Versicherungs-AG/Succursale France

Luko makes its best efforts to ensure the proper functioning of the luko website and the services contained therein, within the limits of responsibility of these general terms and conditions.

 8.1 Access to the luko website

The luko site is in principle accessible 24 hours a day and 7 days a week, however, Allianz Direct Versicherungs-AG/Succursale France declines all responsibility, without this list being exhaustive:

• In the event of interruption of the luko site for technical maintenance operations or to update the published information.
• In the event of temporary inability to access the luko site (and/or the websites and applications linked to it) due to technical problems, regardless of their origin and provenance.
• In the event of unavailability or overload or any other cause preventing the normal operation of the mobile telephone network used to access the luko website.
• In the event of contamination by possible computer viruses circulating on the network.
• More generally, in the event of direct or indirect damage caused to the Customer, of any nature whatsoever, resulting from access to or use of the luko site (and/or the sites or applications linked to it).
• In the event of abnormal use or illicit exploitation of the luko website
• In the event of loss by the Customer of his login and/or password or in the event of usurpation of his identity.

8.2 Content posted on the luko website by Customers

Allianz Direct Versicherungs-AG/Succursale France is not responsible for the creation of the content put online on the luko site by the Customers, which is distributed under the exclusive responsibility of the Customer (specific comments on the site, rating, etc.).

As Allianz Direct Versicherungs-AG/Succursale France does not moderate the content put online by the Customers, Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible for any content that is illicit, contrary to good morals or which constitutes an infringement of the rights of others, in particular intellectual property rights or the processing of personal data.

Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible for exchanges between Customers on the luko website.

Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible for any content appearing on the luko site or sent from the luko site by any third party whatsoever.

Thus, in view of the legal qualifications defined by the law for confidence in the digital economy, Allianz Direct Versicherungs-AG/Succursale France is qualified as a host for the content put online by the Customers on the luko site.

Allianz Direct Versicherungs-AG/Succursale France is therefore not responsible in advance for the content of the Customers and does not bear any obligation to monitor this content.

8.3 Public content on the luko website

Despite the utmost care taken in the creation and updating of the luko site,Allianz Direct Versicherungs-AG/Succursale France cannot give any guarantee, express or tacit, concerning the information contained in the luko site of which it is the author.

Consequently, Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible for any damage, direct or indirect, resulting from any errors, inaccuracies or omissions in the information contained in the luko site.

8.4 Force majeure

Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible, or considered as having failed to comply with these General Terms and Conditions of Services, for any delay or non-fulfilment, when the cause of the delay or non-fulfilment is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals including the interruption, suspension, reduction or disturbance of electricity or other or any interruptions of electronic communications networks or in the event of facts beyond its control.

8.5 Intervention by Allianz Direct Versicherungs-AG/Succursale France

Allianz Direct Versicherungs-AG/Succursale France reserves the right to modify the terms, conditions and mentions herein at any time, in particular in the event of technical, legal or jurisprudential developments or when setting up new services.

9. Rights and liability of the Customer

9.1 Liability

The use of the luko website is made under the sole and entire responsibility of the Customer.

The Customer is solely responsible for the information he provides on the luko website.

In the event of anormal use or illicit exploitation of the luko site, the Customer is solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may result.

The Customer also renounces the right to exercise any recourse against Allianz Direct Versicherungs-AG/Succursale France in the case of proceedings brought against him by a third party as a result of the illegal use and/or exploitation of the luko site.

The Customer undertakes, in general, to comply with all the regulations in force in France.

9.2 Content

Customers undertake not to use the luko website for :

• Publish, transmit, share, store or otherwise make available content that is contrary to public order, harmful, threatening, illegal, defamatory, unauthorised, abusive, offensive, malicious, vulgar, obscene, fraudulent, infringing on privacy or image rights, hateful, inciting violence, racial or ethnic hatred or otherwise objectionable;
• Create multiple accounts or impersonate another person;
• Transmit any material that contains computer viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or electronic communications;
• Publish, transmit, share, store or otherwise make available any content that constitutes or encourages criminal wrongdoing or provides instructions on how to commit it, infringes the rights of a third party or is likely to give rise to liability on the part of a third party or violate local, national or international law.

The Customer is solely responsible for the content that he integrates into the luko website, in particular any content that may be of an offensive or illegal nature or that may infringe the rights of third parties.

9.3 Access and security

It is the responsibility of each Customer to take all appropriate measures to protect their own data and/or software stored on their mobile or computer equipment against any attack.

The Customer has the right to consult his data hosted on the luko website and any other information concerning him free of charge. The use of the services of the luko website requires the opening of an account which involves the provision of a login and the choice of a password.

The password is personal and confidential. The Customer is solely responsible for it. He undertakes not to divulge it to third parties and to take all necessary precautions to prevent third parties from gaining access to it.

The Customer undertakes to inform Allianz Direct Versicherungs-AG/Succursale France immediately in the event of loss or usurpation of his password.

Failing this, and in the absence of proof to the contrary, any connection or transmission of orders or data made using the password will be deemed to come from the Customer and will be under his exclusive responsibility.

In order to be taken into account, the Customer's complaints must follow the following process: https://faq.luko.eu/fr/articles/3924567-comment-faire-une-reclamation

 9.4 Customer's personal data

Allianz Direct Versicherungs-AG/Succursale France asks each Customer to communicate a certain amount of personal information (name, first name, e-mail address, telephone number, etc.) in order to be able to offer a suitable price, to identify the Customer or simply to guarantee the uniqueness of his personal access, in accordance with its confidentiality policy: 

In application of the law n° 78-17 of January 6, 1978, modified, relating to data processing, files and liberties, the Client has the right to access, rectify, delete, and oppose the data concerning him/her and to file a complaint with the CNIL (French Data Protection Authority).

The Customer also has the possibility to inform Allianz Direct Versicherungs-AG/Succursale France of the fate he wishes to reserve for his post-mortem data.

To exercise these rights, the Customer must contact Allianz Direct Versicherungs-AG/Succursale France at the following address: dpo@luko.eu

The exercise of the rights of access and rectification requires the Customer to prove his identity by sending Allianz Direct Versicherungs-AG/Succursale France a copy of his identity document. The information collected is intended for the management of the Customer's luko account and for the sending of commercial offers of luko products.

Allianz Direct Versicherungs-AG/Succursale France keeps the Customer's data for a period of 2 years after the closure of the Customer's luko account. 

Mandatory fields on the personal data collection forms are marked with an asterisk. 

In accordance with article 6, 5° of the law n°78-17 of 6 January 1978 as amended, personal data is only kept in a form that allows identification for a period that does not exceed the period necessary for the purposes for which it is collected and processed.

Personal data is only accessible to authorized personnel.

In the personal data collection forms (e.g. Typeform), the Client is informed in particular of: the identity of the data controller, its rights over the personal data, the recipients, the purpose of the processing, the storage periods and the compulsory or optional nature of its responses.

The commercial prospecting by electronic means that Allianz Direct Versicherungs-AG/Succursale France is likely to send to the Customer complies with the following principles:

the Customer has expressed his consent and has been informed, when he has communicated his personal data, of the possibility to oppose, free of charge, any commercial use of his details,

the subject of the solicitation is related to luko products and the identified need of the recipient of the message.

The first time the Customer visits the Luko.eu Website or the Luko Application, the Customer is systematically asked via a consent banner which cookies Luko may install on the browser device. 

A cookie is a block of data which makes it possible to record information relating to the Customer's browsing in order to personalize his user experience, to measure the performance of the service and, if necessary, to offer him targeted advertising. The cookies on Luko.eu and the luko Application are generated either by Luko for the operation of the service or by third party services which Luko uses to optimise the service provided.

Via the consent banner, the Customer is expressly asked to define which cookies Luko may place on his browser device, with the exception of cookies characterized as "essential", i.e. necessary for the proper functioning of the service. At any time, the Customer can consult and modify his consent with regard to cookies. To find out more, the Customer can refer to our data privacy policy.

10. Specific conditions of use of third party platforms and tools

In addition to these General Terms and Conditions, Customers agree to comply with the General Terms and Conditions of Service of the platforms providing access to the luko website, in the form of mobile applications, and the third party tools used by the luko website.

The use of these platforms and third party tools by the Customers entails the collection and processing of personal data for which Allianz Direct Versicherungs-AG/Succursale France cannot be considered to be the person responsible for processing as defined by law n°78-17 of 6 January 1978 as amended relating to information technology, files and freedoms.

10.1 App Store

Customers who have access to the application or the luko site via the App Store site declare beforehand that they have accepted the Apple Media Terms and Conditions in their last update and that they will comply with them.

The Apple Media Terms and Conditions are available at :

http://www.apple.com/legal/itunes/fr/terms.html#SERVICE

10.2 Google Play

Customers who access the application or the luko website via Google Play declare that they have previously accepted and comply with the Google Play Terms of Service as last updated.

The Google Play Terms of Service can be found at :

http://www.google.com/mobile/android/market-tos.html

10.3 Stripe

When using the online payment service, Allianz Direct Versicherungs-AG/Succursale France may use the services of the company Stripe. To this end, the customer authorizes Allianz Direct Versicherungs-AG/Succursale France to transmit personal data to its partner.

We may collect and transmit the following data about you:

• Customer details (Name, registration date)
• Any other documents or information relating to our regulatory obligations in the fight against money laundering and terrorist financing.

Allianz Direct Versicherungs-AG/Succursale France is fully committed to protecting the confidentiality of data. Stripe's general terms and conditions and privacy policy are available at: https://stripe.com/fr/privacy.

Stripe Ltd. is authorized by the Financial Conduct Authority (FCA) as a payment institution in accordance with the Payment Services Regulations 2009. FCA reference is FRN 580343.

11. Hyperlinks

Allianz Direct Versicherungs-AG/Succursale France points out that the use of hyperlinks may lead the Customer to other websites or applications, independent of the Luko site.

Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible for any hypertext links to other websites or applications from the luko site.

Similarly, the insertion of hypertext links to all or part of the luko site is authorized, on a non-exclusive basis and revocable at any time, without Allianz Direct Versicherungs-AG/Succursale France having to provide any justification whatsoever, and on condition that this link cannot create a false, false, pejorative or prejudicial character against the luko site.

Under this authorization, Allianz Direct Versicherungs-AG/Succursale France reserves the right to oppose the use of the link.

Allianz Direct Versicherungs-AG/Succursale France cannot be held responsible for any direct, indirect or fortuitous damage resulting from the access or use of information coming from third party sites.

12. Independence of the clauses

If any part of these Terms and Conditions of Service should be found to be void, invalid or unenforceable for any reason, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and scope and shall continue to be enforceable. The terms declared non-existent would then be replaced by the terms that come closest to the content and meaning of the cancelled clause.

13. Applicable law and attribution of competence

The official language of these General Terms and Conditions is French.

In the event of any difference, inconsistency or conflict between this version and the translated version, the French version will prevail. These General Terms and Conditions of Services are exclusively subject to French law. Any dispute arising from the use of the luko website will be submitted to the competent courts of Paris, notwithstanding plurality of defendants or appeal in warranty.

14. Customer relationship and handling of complaints

The luko customer service is available via chat from your myluko space and on social networks.

General Terms and Conditions of Use

1. Luko Protection Technologies

The user who registers on the waiting list and confirms that he/she wants to order Luko protection technologies consents to the use of his/her contact data for the sending of these free additional products and services and more generally to the Luko data privacy policy. Registration on the list is possible even before obtaining a contract, but the sending of the sensors is subject to the signing of a Peace of Mind contract. If you are not insured via Luko, the sensors will not be supplied to you as they are fully integrated into a risk management with the commercial insurance contract and loss prevention.

The user who installs his various devices (Luko Bridge, Luko Door, Luko Elec) consents at the time of installation to the orderly and justified collection of his data in order to allow their processing and thus an adequate quality of service. The time of collection and the purpose of collection and processing of data due to the use of the Home Protection Products and Services are detailed in the Data Privacy Policy.

The data is kept for as long as the user is insured with Luko and for up to 3 years after cancellation of the contract. The user can also request modification or deletion by contacting dpo@getluko.com.

When the user has a Luko product (or other connected device), the user should bear in mind that it may collect information about other people in the household. It is the user's responsibility to comply with all laws governing the use of connected devices, and to seek the consent of persons on whose behalf you may be collecting data.

2. Luko Chat

2.1 General use of the service

Customer service is available via chat on the Luko website 24/7 through a chatbot and advisors are available Monday to Friday from 9am to 7pm on Saturday and Sunday from 10am to 8pm. 

The customer service aims to answer questions related to contracts, Luko services and claims management. 

2.3 Use of data

From the moment the customer uses the chat, he consents to the use of his data in the following three ways: 

In case of a claim, the information transmitted via the chat is used by Luko in the management of claims. This information is passed on to the risk carrier of the contract and, if the management is delegated to a third party defined in the contract, it is also passed on to this third party. 

In the event of a request by the customer to be put in contact with an external service provider, information such as telephone number, email address, address of the property and the type of service requested will be passed on to the service provider. 

The information is not passed on to third parties outside of Luko. The information is used internally to improve the user experience.

The data is stored for as long as the user is insured with Luko and for up to 3 years after cancellation of the contract. The user can also request changes or deletion by contacting dpo@getluko.com.

3. Luko Artisan Network

The customer who requests the payment of the repair in kind of his claim is a user of the craftsman network. In this context, he agrees to give access to the information necessary to pay for the repair of his claim to third parties likely to intervene to ensure the smooth running of the service.