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terms and conditions

These are the terms and conditions and privacy policy for the Asset Protect Ltd app, Damage Control, July 2023.

Terms and conditions

These terms and conditions ("Agreement") govern your access to and use of the "Damage Control" mobile application ("App") provided by Asset Protect Ltd ("Company"). By accessing or using the App, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not use the App.

 

 

Section 1: Definitions

 

1.1. "App" refers to the mobile application named "Damage Control" developed and provided by Asset Protect Ltd.

1.2. "Company" refers to Asset Protect Ltd, a company incorporated under the laws of the United Kingdom, with its registered office at 56 Manchester Road, Altrincham, England, WA14 4PJ and whose company number is: 15214106.

1.3. "User" refers to any individual or entity that accesses or uses the App.

1.4. "Condition Report" refers to a detailed record of the condition of a rented vehicle, created by the User through the App, including photographs, time and date stamps, and any additional information provided.

1.5. "Damage Logs" refer to the records of vehicle damage documented by Users through the App, including photographs, time and date stamps, and any additional information provided.

 

Section 2: App Purpose and Limitations

 

2.1. The App is designed to assist both businesses and consumers in creating accurate and reliable Condition Reports and Damage Logs for vehicles that are temporarily being given to another party, for example (but not limited to) vehicle rental, servicing a vehicle, using a company vehicle on a job etc, using photographs, time and date stamps, and additional information.

2.2. The Company provides the App as an independent platform and expressly states that it is not liable for any costs, damages, disputes, or claims arising from the use of the App, the Condition Reports, Damage Logs, or any related activities.

2.3. The Company does not mediate or participate in any disputes between Users, including those related to vehicle conditions, deposits, or rental agreements. Users are solely responsible for resolving any disputes independently.

 

3. Your use of our App

 

3.1 Our App is for your own personal and non-commercial use only.

3.2 When using our App and your Account, you agree not to:

3.2.1 attempt to undermine the security or integrity of our App, our computing systems or networks or, where the Services or App are hosted by a third party, that third party's computing systems and networks.  We will report any security breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;

3.2.2 use, or misuse, the Services or App in any way which may impair the functionality of the Services or App, or other systems used to deliver the Services or App or impair the ability of any other user to use the Services or App;

3.2.3 attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services or App are hosted;

3.2.4 transmit, or input into the Services or App, any files or data that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);

3.2.5 create system links to our App unless we give you prior written consent;

3.2.6 attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver our Services or to operate our App except as is strictly necessary to use either of them for normal operation and other than as permitted by law;

3.2.7 impersonate any other person while using our App; 

3.2.8 conduct yourself in a vulgar, offensive, harassing or objectionable manner while using our App; or

3.2.9 use our App for any unlawful purpose.

3.3 If you use any communication tools available through our App (such as any forum, chat room or message centre), you agree only to use such communication tools for your domestic purposes and in accordance with the law.  You must not use any such communication tool for posting or disseminating any material unrelated to our App or for advertising or marketing purposes. 

3.4 When you make any communication on our App, you represent that you are permitted to make such communication. Any communications shall be conducted in a courteous manner. We are under no obligation to ensure that the communications on our App are legitimate or that they are related only to the use of our Services.

3.5 You may have other rights granted by law, and these Terms do not affect these except if the two are inconsistent. If this is the case then these Terms will override any other rights which you may have, unless this is not permitted by law.

 

Section 4: User Responsibilities and Obligations

 

4.1. Users are solely responsible for their use of the App, including the accuracy, completeness, and integrity of the Condition Reports and Damage Logs they create.

4.2. Users must ensure that the photographs taken through the App accurately depict the condition of the vehicle at the time of documentation.

4.3. Users agree not to misuse or tamper with the App, its features, or the photographs taken through the App. Any misuse or tampering is strictly prohibited and may result in legal action.

4.4. Users are responsible for keeping their login credentials confidential and agree not to share their account information with any third parties.

 

Section 5: Intellectual Property Rights

 

5.1. The App, its content, features, and all intellectual property rights associated with the App are owned by the Company and protected by applicable copyright, trademark, and other intellectual property laws.

5.2. Users are granted a limited, non-exclusive, non-transferable license to use the App solely for its intended purposes.

5.3. Users may not reproduce, modify, distribute, or create derivative works based on the App or any part thereof without the prior written consent of the Company.

5.4 We may change, modify, amend or remove some or all of the functionality or content on the App at any time and we reserve the right to remove any communication or any material held within the App at any time at our sole discretion.

5.5 You agree that we are free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the App.

5.6 We and/or our licensors are the owners of our App which includes (but without limitation) any software, applications and domains made available through it.

5.7 All intellectual property rights in our App, and the content (except the personal information of you and other users containing your and their Accounts), video, audio, graphics, logos, icons and service names which appear on the App belong, or are licensed, to us. You do not have any rights to such intellectual property except as expressly set out in these Terms.

 

Section 6: Data Privacy and Security

 

6.1. The Company is committed to protecting the privacy and security of User data. Please refer to the Company's Privacy Policy for detailed information on how personal data is collected, used, stored, and shared.

6.2. The Company employs reasonable security measures to protect User data and photographs. However, the Company does not guarantee the absolute security of data transmitted or stored through the App, and Users acknowledge that they share data at their own risk.

 

Section 7: Assistance and Cooperation

 

7.1. The Company will make reasonable efforts to provide Users with original, untampered photographs taken through the App upon request, subject to any legal limitations or constraints.

7.2. Users may contact the Company's support team for assistance with any technical issues related to the App or general inquiries. The Company will endeavor to respond promptly and provide appropriate support.

 

Section 8: Modifications and Termination

 

8.1. The Company reserves the right to modify, suspend, or terminate the App or any part thereof at its sole discretion, without prior notice or liability.

8.2. Users may terminate their use of the App at any time by ceasing to access or use the App and deleting their account.

 

9. Termination and effects

 

9.1 A User may cancel their membership by notice in writing to the Company at any time.

9.2 The Company may suspend or terminate a User’s account and/or access to the App at any time where the User is in breach of these Terms.

9.3 Termination of an account will not affect the right of the Company to recover from a User any money or goods owed pursuant to these Terms. Where a User cancels their account or subscription, the Company will not be obliged to delete or return to the User any content they have posted to the App, including any reviews or feedback.

 

10. Limitation of liability

 

10.1 These Terms do not exclude or limit our liability (if any) for:

10.1.1 death or personal injury caused by Company's negligence; 

10.1.2 fraud;

10.1.3 fraudulent misrepresentation; or

10.1.4 any matter which it would be illegal for us to exclude or attempt to exclude.

10.2 We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and which are reasonably foreseeable.  We are not liable for any other losses including but not limited to loss of profits, contracts, goodwill or opportunity. 

 

11. Disclaimers

 

11.1 Other than as set out in these Terms the App is provided on an "as is" and "as available" basis.  We make no representations or warranties of any kind, express or implied, as to the operation of the App or the services or any information, content, materials or products included or referenced on the App.

11.2 We do our best to ensure that the information accessed through the App is accurate and up to date but cannot guarantee that this will always be the case.

11.3 We aim to make the App available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as your network connection.

11.4 We follow industry standards and processes to prevent the introduction of viruses, malware and malicious attacks that may harm the App or the device that you use to access the Platform, but we cannot guarantee that the application will be totally free from viruses and malware.

11.5 We do not guarantee that the App will be compatible with all hardware and software that you may use.

11.6 The App may contain links to third party web programs that are not controlled by us.  We are not responsible for the content, terms and conditions, offers or privacy policies of such  programs.  Your dealings with third party platforms are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.

11.7 The Company will not be liable in respect of any damage to or theft or breakdown of any Vehicle, or any related costs, including but not limited to loss of income or loss of use, and whether directly or indirectly incurred by a User or any other party.

 

Section 12: Governing Law and Dispute Resolution

 

12.1. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of England.

Privacy Policy

 

General

 

We take your privacy very seriously and we ask that you read this privacy policy carefully as it contains important information on:

  • the personal data we collect about you and why we collect it;

  • what we do with your information;

  • who your information might be shared with; and

  • your rights.

 

The website www.mydamagecontrol.com ("Website") and the mobile application Damage Control ("App") are operated by Asset Protect Ltd, a company incorporated under the laws of the United Kingdom, with its registered office at 56 Manchester Road, Altrincham, England, WA14 4PJ and whose company number is: 15214106 ("we" or "us" or "Damage Control" or "our").

 

We are a 'data controller' for the purposes of the Data Protection Act 1998 and, after 25 May 2018, the General Data Protection Regulation (EU) 2016/679 ("GDPR") (together, the "Data Protection Laws") and we are responsible for, and control the processing of, your personal data.

This policy sets out the basis on which any personal data and sensitive personal data (both as defined below) we collect from you, or that you provide to us, will be collected, used, stored, disclosed and otherwise processed by us.

 

Changes To Our Privacy Policy

 

We may change this Privacy Policy from time to time by updating this page and we will notify you by email to the email address registered to your account.

 

Useful Words And Phrases

 

Please familiarise yourself with the following words and phrases as they have particular meanings in the Data Protection Laws and are used throughout this Privacy Policy:

 

Personal Data

Any information from which a living individual can be identified. This will include information such as telephone numbers, names, addresses, email addresses, photographs, car registration numbers and voice recordings. It will also include expressions of opinion and indications of intentions about data subjects (and their own expressions of opinion/intentions). It will also cover information which on its own does not identify someone but which would identify them if put together with other information which we have or are likely to have in the future.

 

Special Categories of Personal Data (or Sensitive Personal Data)

 

Any information relating to:

  • racial or ethnic origin;

  • political opinions;

  • religious beliefs or beliefs of a similar nature;

  • trade union membership;

  • physical or mental health or condition;

  • sexual life;

  • genetic data or biometric data for the purpose of uniquely identifying you; or

  • offences or alleged offences or information relating to any offences committed or allegedly committed

Processing

Virtually anything anyone can do with personal data, including:

  • obtaining, recording, retrieving, consulting or holding it;

  • organising, adapting or altering it;

  • disclosing, disseminating or otherwise making it available;

  • and aligning, blocking, erasing or destroying it

 

Data Subject

The person whom the data is about

 

Information Commissioner

The UK Information Commissioner, who is responsible for implementing, overseeing and enforcing the Data Protection Laws

 

Information We May Collect From You

 

Registration Of An Account And Membership​

To use our Website and/or our App, you will need to register and open an account on our Website and/or our App and become a user (regardless of whether or not, you are a business or a consumer). When you open such account with us and apply to become a user, the personal data we collect from you is as follows:

  • payment details;

  • name and address;

  • email address;

  • telephone number;

  • vehicle registration;

  • Vehicle details collected from the DVLA’s database

  • Photographs or your vehicle

 

Creating a condition report or damage log​

We do not collect any additional personal data in relation to a condition report or damage log.

 

IP Address​

We use your IP address to help diagnose problems with our server, and to administer our Website.

 

Automatically Collected Data On Mobile Devices​

When you install or run the App, we may collect any or all of the following technical data:

  • Device Identifiers (the internet protocol address used to connect your device to the internet, your login information, browser type and version, regional settings, operating system and platform)

  • Data about your use of the App (anonymous user information, for example open rates, user journeys). We use the information to compile analytical reports which help us improve our Apps.)

  • Information stored on your device

  • Location information - we use GPS technology to determine your current location

  • Data about your driving (acceleration, braking, speed, journey duration, time of day of journey)

  • Data about when you make and receive phone calls, send and receive text messages on your device​

 

Monitoring And Recording Communications

 

We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training and compliance.

 

Marketing

 

We would like to provide you with information about our services, and other information which we think you may find interesting. We may send you such information by post and email provided you have given your consent when registering an account with us.

If you are a customer of ours or you have previously asked us for information on our products and services, we may send you information by email. However, in every marketing email message we send you we will give you the opportunity to unsubscribe from our mailings altogether.

We do not provide your personal data to external organisations (i.e. outside of Damage Control) for their own marketing purposes without your explicit consent.

If at any time you do not want your information used for direct marketing purposes please contact us at hello@mydamagecontrol.com. If you decide that you no longer wish to receive marketing emails from us, please either follow the unsubscribe link in one of our marketing email messages or contact us at hello@mydamagecontrol.com

 

Personal Data About Other Individuals

If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on their behalf and has agreed that you can:

​​

  • give consent on their behalf to the processing of their personal data in accordance with this Privacy Policy;

  • receive on their behalf any data protection notices;

  • And give consent to the transfer of their personal data abroad.

 

How We Use Your Information

 

The principal purposes for which we collect and store your personal and financial information are as follows:

  • to process and assist with your account application and opening an account with us;

  • allow you to list a vehicle;

  • allow you to create a condition report for the vehicle;

  • bill you or pay you;

  • respond to your enquiries;

  • improve our products and services;

  • and maintain your account with us.

 

How Long Will We Keep Your Data For?

 

Data will be retained for as long as you are a user with Damage Control and then for a further period of 12 months following the end of your membership with Damage Control.

 

Who Do We Share Your Information With?

General​

Damage Control does not sell, trade, or rent your personal information to others. We will not share the personal information we collect from you through our services with third parties except as described in this Privacy Policy.

 

Other Members​

Damage Control enables two parties to inspect a vehicle and share the condition report and/or damage logs of the vehicle between themselves for mutual protection. If you agree to confirm the condition of a vehicle through the Website and/or the App, Damage Control may provide your personal information to the other party in that transaction as reasonably necessary to facilitate the mutual agreement of the condition report. For example, Damage Control may provide your name on the condition report.

 

Payment provider​

We use Stripe for payment, analytics, and other business services. Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Other third parties

 

If Damage Control offers or promotes services in conjunction with another company, and you request those services (or additional information about them), you consent to our sharing your personal information with those parties. In those cases, we will only share the information reasonably needed to provide you with the applicable service. We may also share personal information with third parties when you give us your consent to do so. Information that is shared with third parties as described in this paragraph is subject to the privacy policies of those parties, which may differ from this Privacy Policy. Damage Control is not responsible for the acts or omissions of those third parties. We encourage you to become familiar with their practices before disclosing information directly to them.

Damage Control may disclose personal information in the good faith belief that we are lawfully authorised or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Damage Control, our users, our employees or the public. That includes actions we may take to protect Damage Control or our users from fraudulent, abusive, inappropriate or unlawful use of our site or marketplace.

Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of Damage Control. You understand that when you use the Website and/or the App, information you post in your profile or in any other area of the site and/or the App will be available to other users and in some cases may be publicly available.

Security

 

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect, including locked cabinets and electronic password protection.

If at any point you suspect or become aware of a security incident (i.e. your password is stolen or you receive suspicious communication from someone holding themselves out to be a Damage Control employee or from a dupe website claiming to be affiliated with Damage Control), please forward the communication to us or report the incident by email to hello@mydamagecontrol.com.

While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us (see ‘How to contact us’ below).

What Rights Do You Have?

 

As a data subject, you have the following rights under the Data Protection Laws:

  • the right of access to personal data relating to you;

  • the right to correct any mistakes in your information;

  • the right to ask us to stop contacting you with direct marketing as specified above;

  • the right to restrict your personal data being processed;

  • the right to have your personal data ported to another data controller (e.g. if you decide to contract with a different supplier) where we are processing your personal data on the basis of it being necessary for the performance of a contract between us;

  • the right to object to your personal data being processed where we are processing your personal data on the basis of it being in our legitimate interests or for direct marketing;

  • the right to erasure;

  • compensation for damage caused by contravention of the Data Protection Laws; and

  • the right to complain to the ICO if you believe we have not handled your personal data in accordance with the Data Protection Laws.

 

These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your personal data, please contact us (see 'How to contact us' below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case we will respond within three months.

 

Right To Access Personal Data Relating To You​

You may ask to see what personal data we hold about you and be provided with:

  • a copy;

  • details of the purpose for which it is being or is to be processed;

  • details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers;

  • the period for which it is held (or the criteria we use to determine how long it is held); and

  • any information available about the source of that data.

Requests for your personal data must be made to us in writing (see 'How to contact us' above), and a copy will be retained on your personnel file. To help us find the information easily, please give us as much information as possible about the type of information you would like to see.

If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person if possible.

There are certain types of data which we are not obliged to disclose to you, which include personal data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations.

 

Right To Correct Any Mistakes In Your Information​

You can require us to correct any mistakes in your information which we hold free of charge. If you would like to do this, please:

  • email, call or write to us (see ‘How can you contact us’ below);

  • let us have enough information to identify you (e.g. account number, user name, registration details); and

  • let us know the information that is incorrect and what it should be replaced with.

 

Right To Prevent Processing Of Personal Data​

From 25 May 2018 and in accordance with the General Data Protection Regulations 2018, you may request that we stop processing your personal data temporarily if:

  • you do not think that your data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);

  • the processing is unlawful but you do not want us to erasure your data;

  • we no longer needs the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or

  • you have objected to processing because you believe that your interests should override our legitimate interests.

 

Right To Erasure​

From 25 May 2018 and in accordance with the General Data Protection Regulations 2018, you can ask us to erase your personal data where:

  • you do not believe that we need your data in order to process it for the purposes set out in this Privacy Policy;

  • you object to our processing and we do not have any legitimate interests that mean we can continue to process your data; or

  • your data has been processed unlawfully or have not been erased when it should have been.

  • There may be exemptions which mean we may continue to process your data.

Data Portability

 

Where we are processing your personal data on the basis of being necessary in order to take steps at your request prior to entering into a contract, then from 25 May 2018 and in accordance with the General Data Protection Regulations 2018, you may ask for an electronic copy of your personal data provided to us and which we hold electronically, or for us to provide this directly to another party.

 

Cookies

 

We use cookies on our Website, which amongst other things, help us to improve your experience of our Website and to ensure that it performs as you expect it to. Cookies are text files containing small amounts of information, which are downloaded to your computer or mobile device by websites that you visit. They can improve your experience of using a website, for example, by remembering your preference settings and tracking your use of a website so that it can be improved to meet your needs. They can also help to ensure that adverts you see online are more relevant to you and your interests.

 

Websites must get consent to send cookies to your computer or mobile device unless the cookies are strictly necessary to provide services to you.

 

Turning off and deleting cookies: all web browsers allow you to limit cookie behaviour or turn off cookies with the settings or options of the browser. The steps to do this are different for each browser and you can find instructions under the Help menu of your browser.

 

Through your browser you can also view the cookies that are on your computer, and delete individual ones, or purge them all.

 

You can set (accept or decline) your cookie preferences when you arrive at our Website via the pop-up consent buttons. We do not allow third party cookies on our site.

 

Unless the cookie is a strictly necessary cookie, you can withdraw your consent to our cookies at any time even if you have previously consented. Although, please do remember that if you do not consent to our functionality cookies, parts of our Website will not work.

 

For example, to watch new content video on our website such as tutorial videos or customer experience videos. For this reason we will occasionally send you prompts which allow you to consent to a cookie you have previously rejected.

 

The table below explains what cookies we use on our Website, why we use them and whether they are strictly necessary or another type of cookie e.g. "functionality" or "performance" cookies. We also state in the table whether a cookie is a "persistent" or "session" cookie.

 

The difference is that:

 

  • Persistent cookies remain on your device between browsing sessions. They are activated each time you visit the website that created that particular cookie. For example, where a "persistent cookie" is used on a website to remember your log-in details, you will not need to enter those details each time you visit that website.

  • Session cookies allow website operators to link the actions of a user during a browser session. A browser session starts when you open the browser window and finishes when you close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.

 

Some of the cookies listed below are those set by our Website when you visit – www.mydamagecontrol.com.

 

Strictly necessary

 

Strictly necessary cookies are essential to enable you to receive a service on a website. For example, cookies to operate online shopping baskets, do your internet banking or to comply with the law (e.g. such as to keep your information safe). We would not be able to operate our Website without using the "strictly necessary" cookies listed below.

Performance

Performance cookies collect information about how visitors use a website, for instance, which pages

visitors go to most often and if they get error messages from web pages. These cookies do not collect information that identifies a visitor. Any information collected by these cookies is anonymous. We only use such information to improve our Website.

Correct/update

If you would like to update your contact information, please use your Account Page. If you have any trouble using the Account Page, please contact Damage Control customer service at hello@mydamagecontrol.com.

How To Contact Us

 

Damage Control welcomes your questions and comments about privacy, and what we do. Please feel free to e-mail us at hello@mydamagecontrol.com

Complaints To The Information Commissioner

If you do not think that we have processed your data in accordance with this privacy policy, please contact us in the first instance. If you are not satisfied, you can complain to the ICO. Information about how to do this is available on the ICO's website at www.ico.org.uk.

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