We are committed to respecting your privacy and complying with applicable data protection and privacy laws. We have provided this Policy to help you understand how we collect, use, and protect your information. We wish to help you make informed decisions.
• All capitalized terms used herein are defined in the last section of this Policy.
• When you open an account with us and Use our Platform, you are directed to this Policy and required to accept and/or agree to this Policy. Each time you Use our Platform and each time you provide us with information or data to us via the Platform or otherwise, you are accepting and agreeing to the current version of this Policy and consent and agree to our collection and processing of your information as set forth in this Policy.
• We may amend, update, modify, or revise this Policy at any time by posting an amended, updated, modified, or revised version of the Policy on our Site. The revised version will be effective as of the published effective date. Your continued Use of our Platform after such effective date indicates your acceptance of and agreement to the amended, updated, modified, or revised Policy. You should check our Policy periodically for modifications.
• This Policy does not apply to any website or application owned and/or operated by or on behalf of any third party, even if we provide a link to such website from our Platform.
• Note that this Policy contains several important exceptions. Please read the entire Policy to be sure that you understand these exceptions.
2 How We Collect Information and What We Collect.
When you open an account with us, whether by downloading and installing the App, creating an account on our Site, using our IVR System, or contacting Member Services, we collect Personal Information consisting of, at a minimum, your name, email address, mobile phone number, vehicle license tag number and issuing jurisdiction, Payment Method, Payment Information, Username and password.
Over the course of your Use of the Platform, we may collect additional Personal Information such as: your mailing address, billing address, Transaction data; GPS data; information that you voluntarily provide like User Content; information received from your credit card provider, digital wallet, or financial institution; information necessary to address your help requests or to troubleshoot problems; information provided in connection with your membership level; information contained in any communication you have with us; and your Username and password.
We also collect or compile other Anonymized Data about you (such as enrollment numbers, demographic group information, or gender) on an aggregated and de-identified basis. We may use or share such information with third parties for any lawful purpose.
4 How We Use Personal Information. We use your Personal Information and Messaging to:
• provide you with parking information at or near you or at your location.
• provide you with navigation services to your parking locations.
• facilitate, process, and document your Transactions using your Payment Information and to process, including refunds or credits.
• in some instances, serve as the merchant of record for the purpose of settling your Transactions using your Payment Information.
• offer or process, either directly or via a third party, automated billing and similar programs in which you may elect to participate.
• provide you with support and responses to requests and complaints.
• operate the Platform and to improve, enhance, and customize your experience with the Platform.
• send you updates, notices, announcements, and additional information related to the Platform and its Use.
• send you marketing, advertising material, and other content and provide you with information and advertisements about sites, shops, amenities, offers, discounts other places and attractions in your close vicinity, or that we believe you may find interesting.
• improve the user experience for you and other users.
• create Anonymized data.
• administer and conduct surveys, contests, questionnaires, discount or rewards programs, sweepstakes, or promotions for ourselves or third parties.
• analyze and monitor Platform usage and make improvements.
• help secure the Platform, prevent fraud, and enforce our policies.
• facilitate communication between you and Parkmobile.
• comply with any applicable law and assist law enforcement agencies under applicable law.
• troubleshoot and address outages, malfunctions, or problems that you are having with our Platform.
• facilitate the termination of your account and retain your Personal Information for archival purposes or when we are required to retain such information by law or pursuant to our other agreements.
• take any action in any case of dispute, or legal proceeding of any kind between you and Parkmobile.
• make required reports to Transaction Entities and our other partners and service providers.
• provide you with your parking history.
• contact you about our other products and services or those of our Affiliates or, if you agree, those of other third parties.
• contact the relevant authorities on your behalf regarding your Parking Penalties, if you request us to do so.
• provide requested information to relevant authorities upon the request of such authorities.
• collect or attempt to collect any unpaid amounts owed by you.
• perform other activities with your consent.
• conduct data analysis, audits, develop new products, identify usage trends, determine the effectiveness of our promotional campaigns, and operate and expand our business activities.
• For all other legal purposes.
5 How We Use Anonymized Data. We use Anonymized Data:
• To properly operate and improve the quality of the Platform.
• To enhance your experience.
• To create new services, features, or products, including customized services, and change or cancel existing service.
• For internal, external, commercial, analytical, and statistical purposes.
6 How We Share Information.
We will never sell, rent, license or exchange your Personal Information with a third party without your permission, except as otherwise provided herein. No Personal Information will be shared with third party advertisers or partners without your permission, except as otherwise provided herein. There are certain disclosures of your Personal Information that do not require us to obtain your permission and, subject to whatever opt-out rights you may have, you hereby consent to such disclosures. We may share your Personal Information and other information:
• With companies and vendors that help us to operate our business by providing services such as website hosting, data analysis, information technology and related infrastructure provision, integration, analytics, marketing, sales customer service, email delivery, Messaging, auditing, debt collecting, and other business operations services.
• With third parties sponsors of promotions or contests in which you choose to participate.
• To comply with law or other legal obligations such as responding to subpoenas, and respond to requests from public and government authorities (which those outside your country of residence).
• To protect our rights, operations, or property, or that of our users.
• To investigate, prevent, or take action regarding potential or suspected illegal activities, fraud, threats to the personal safety of any person, or violations of the Terms or law.
• With a purchaser of Parkmobile (or the majority of its assets), or a merger, reorganization, or internal acquisition.
• With Transaction Entities (Personal Information and Anonymized Data) as needed for Transactions or required by our agreements.
• With third party service providers and other third party partners (Anonymized Data, only) as needed for our or their performance of contractual duties.
• With our Affiliates as allowed by law. Any Personal Information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with this Policy and we are responsible for the management of the jointly-used Personal Information.
• If you participate in surveys, contests, questionnaires, discount or rewards programs, sweepstakes, or promotions offers, discount or rewards programs, sweepstakes, promotions, questionnaires, or surveys, we may share Personal Information about you with our service providers and other third parties.
• If you Use our Platform to complete Transactions or engage in any other kind of activity that uses your financial information, with: Transaction Entities; our other service providers; and such third parties as we determine are necessary to process or complete your Transactions.
• With your consent.
7 Access to, Correction of Your Personal Information.
Our Platform allows you to review, change, update, or delete your Personal Information via the App, the Personal Pages, the IVR System, or Member Services. Any change, update, or deletion of your Personal Information via these means will be reflected both in the App and on your Personal Pages. Additional information on changing your account settings and modifying or deleting Personal Information can be found in the Platform Guidance.
You may contact Member Services at any time to request, for your review, any additional Personal Information that we have collected about you. We will attempt to supply you with such information promptly.
If there are updates or changes to such additional Personal Information we have collected, you may contact Member Services and we will attempt to accommodate all requests for such changes. Some changes may be accomplished using batch processing (i.e. a collection of a number of similar change requests and making all such changes at once), so your changes may not be immediately effective.
Please note that changing or deleting portions of your Personal Information will only change or delete the Personal Information for purposes of future Transactions and will not change Personal Information already used to complete a Transaction or already shared in accordance with the terms of this Policy. PLEASE NOTE THAT CHANGES TO OR DELETIONS OF PERSONAL INFORMATION MAY PREVENT YOU FROM USING THE FULL FUNCTIONALITY OF THE PLATFORM OR THE PLATFORM AT ALL (for example, deleting your Payment Methods will prevent you from Using the Platform and deleting your license plate number will render the on street parking function in the App ineffective).
8 Information Security.
Unfortunately, data transmission over the Internet and the Platform cannot be guaranteed 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
Information collected by the Platform is stored in secure operating environments that are protected by physical and logical security measures and procedural safeguards. Your information may be transferred to and maintained operating environments which may be located outside of the state, province, country or other governmental jurisdiction in which you reside and may not have privacy laws as protective as the laws in your country or jurisdiction. Your Personal Information is encrypted.
The payment card industry has adopted the PCI DSS which provides comprehensive standards and a framework of specifications, tools, measurements and support resources to help organizations ensure the safe and secure handling of cardholder information at every step. Our compliance with PCI DSS has provided the ability for us to use a robust security process for payment card data and other Personal Information; including prevention, detection and appropriate reaction to security incidents. We are PCI DSS compliant and maintain the highest level of certification under PCI DSS and hold your Personal Information in accordance therewith. Our conformance to PCI DSS is regularly audited by third parties.
You are responsible for keeping your Username and password and login information for your account secret so that only you can access your account and the Platform. You are also responsible for adhering to the minimum requirements for a password, which are prompted when you open your account and can also be found in the Platform Guidance. Parkmobile cannot accept responsibility for any unauthorized access to or loss of Personal Information that is beyond our control and you Use the Platform at your own risk.
9 Opting Out.
Generally speaking, your ability to opt-out applies to anything we share other than what is necessary for our everyday business purposes. Please note that your opt-out as described herein (i) will only apply to future Transactions and will not change Personal Information already used to complete a Transaction or already shared in accordance with the terms of this Policy and (ii) MAY PREVENT YOU FROM USING THE FULL FUNCTIONALITY OF THE PLATFORM OR THE PLATFORM AT ALL. Whenever you remove some or all of your Personal Information, we will use commercially reasonable efforts to remove all or some (as the case may be) of your Personal Information from our files, however, we may retain your Personal Information for archival purposes or when we are required to retain such Personal Information pursuant to other agreements or by law and we may retain, use, and share your Anonymized Data that we previously collected.
• At any time, you can edit or remove your Personal Information as described herein, however, we may retain your Personal Information for archival purposes or when we required to retain such Personal Information pursuant to other agreements or by law and we may retain, use, and share your Anonymized Data that we collected prior to when you opt-out.
• At any time, you may delete your account and uninstall the App. We will use commercially reasonable efforts to remove your Personal Information from our files, however, we may retain your Personal Information for archival purposes or when we are required to retain such Personal Information pursuant to other agreements or by law and we may retain, use, and share your Anonymized Data that we previously collected prior to your deletion of your account.
• If you do not want us to use Personal Information as part of the pool of Anonymized Data that we share, you may choose to opt-out. Please contact our Member Services with your request. We may retain, use, and share your Anonymized Data that we collected prior to when you-opt out.
• If you do not wish to receive SMS texts or email, you can change your preferences in your account permissions on your Personal Pages or via the settings in the App. Additionally, in the case of emails, you may click on the “Unsubscribe” link in the email. If you do not wish to receive push notifications, you can only change the setting in your mobile device.
• If you wish to block GPS location functionality, then you can suspend GPS access to our App using your mobile device settings.
• If you wish to block access to your connected social media accounts, you can do so by disabling or restricting connections via the settings in the Platform or in your social media account, as the case may be.
• Your opt-out will not stop our use of Personal Information as part of the pool of Anonymized Data for other business purposes, such as:
- Processing Transactions;
- Risk and fraud prevention;
- Maintenance and development of our Platform;
- Reporting on the state of our business;
- Designing and operating our other products and services; or
- Providing Payment Information to Transaction Entities.
• You opt-out will not affect any of your preferences or the choices provided to you by Transaction Entities. Please contact the Transaction Entity if you want to change your preferences or choices regarding its use of your information.
• You will not be able to opt out of in-App messaging in as much as it is used, without limitation, to provide notices about the Platform.
• Additional information on opting out can be found in the Platform Guidance.
10 International Users.
If you live outside the U.S. and are Using the Platform your Personal Information may be processed or stored on servers located in the U.S. By Using the Platform, you authorize the export and processing of your Personal Information to the U.S.
11 Law and Jurisdiction.
This Policy and our legal obligations are subject to the laws of the State of Georgia in the U.S., excluding its principles of conflicts of law and the private international law rules. Regardless of your location, the exclusive jurisdiction and the venue for any litigation will be in the state or federal courts of Atlanta, Georgia.
12 California Supplement.
California Civil Code Section 1798.83, also known as S.B. 27, allows residents of California to request certain information regarding our disclosures in the prior calendar year, if any, of personally identifiable information to third parties for their own direct marketing purposes. California residents may contact Member Services for such information.
• As used in this Policy, “Affiliates” mean any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise.
• Anonymous, statistical, or aggregated information, on a de-identified basis (such as anonymous location information, enrollment numbers, demographic group information, etc.), in a form that does not enable the identification of a specific user is referred to as “Anonymized Data.”
• Our mobile parking session management application for scheduling, starting, and completing parking sessions and Transactions, including but not limited to on-street and off-street parking, parking permits, parking reservations, facilities parking, long term or short term parking event parking, etc., and other applications that we may develop are collectively referred to as the “App.”
• “Cookies” mean the small data files on your computer or other device which consist of cookies, pixel tags, e-tags, "flash cookies," or other local storage provided by your browser or associated applications.
• Our interactive voice response system is referred to as the “IVR System.”
• Parkmobile’s Member Services provide Parkmobile’s helpdesk function and other support, and can be reached via email at email@example.com; by phone at 877-727-5457, or by using the “Contact Us” feature of the Site; is referred to as “Member Services.”
• Communications with you via SMS texts, in-App messaging, push notifications, or email are referred to as “Messaging.”
• Parking fines, violations, tickets, and citations; penalties; your vehicle being wheel booted, towed, or impounded; and other enforcement of vehicle parking requirements are collectively referred to as “Parking Penalties.”
• Parkmobile LLC. and its Affiliates are collectively referred to as "Parkmobile," "us," "we," or "our".
• Our digital wallet product used to pay for parking sessions is referred to as the “Parkmobile Wallet.”
• Information, including information of any type necessary to process payments in connection with any Transaction, related to payments via the Payment Methods is collectively referred to as “Payment Information”).
• In terms of acceptable methods of payment, we accept: MasterCard, Visa, American Express, and Discover credit cards; PayPal; digital wallets such as Visa Checkout, MasterPass, Chase Pay, and Parkmobile Wallet; debit cards; ACH transactions; and any other payment methods accepted in the future as reflected in the Platform Guidance, all of which are collectively referred to as “Payment Methods.”
• The PCI Data Security Standard is referred to as “PCI DSS.”
• As used in this Policy, “Personal Information” means information that can be used to distinguish or trace an individual’s identity, including, without limitation name, address, identifying number or code, telephone number, and email address.
• “Personal Pages” is a reference to the pages on our Site that you use to open your account with us (if you choose to open your account on our Site) or access the Personal Information provided when you opened your account with us.
• Our App, Services, Site, and IVR System, together with any future updates, changes or additions thereto, are collectively referred to as our “Platform.”
• “Platform Guidance” means the information and guidance provided by Parkmobile in the Member Services section of the Site at https://parkmobile.zendesk.com, as updated amended and replaced from time to time.
• Our backend technologies, functions, servers, databases and our other products, services, content, features, technologies, functions, applications, and related websites are collectively referred to as “Services.”
• Our website located at http://us.parkmobile.com/ is referred to as the “Site.”
• As used in this Policy, “Transactions” mean, collectively, starting, paying for, completing or making parking session transactions of all kinds, including, on-street parking, off-street parking, permit purchases, monthly or other long-term parking transactions, short term parking transactions, reservations, event parking purchases, and completing other financial transactions Using our Platform using our accepted Payment Methods and any Use of Services.
• Credit card issuers; banking institutions; electronic or digital wallet companies; credit rating services; parking venue owners, operators, managers, contractors, customer service, representatives, agents, and vendors; valet service providers; sports teams; theaters; entertainment venues; distributors of the Platform; companies with whom we have a co-branding relationship; companies for whom we provide software without out attribution (white labeled), entities for whom we provide parking management services; governmental agencies; event organizers and partners; education entities; and municipalities; and any other entities companies for whom we provide our Platform as a contractor, service provider, and the like are collectively referred to as “Transaction Entities.”
• Utilizing the Platform or its components in any manner, including, without limitation, by viewing it or Installing it, is referred to as a "Use."
• “Username” means the user name required upon creating an account, whether it is assigned by the Platform or created by you.
• Contributions that you or others make to the Site, which may include, among others, uploading your user profile, participating in chats, using our bulletin boards, etc., are collectively referred to as “User Content.”
• When we refer to “you” or “your,” we mean the person accessing or using our Platform. If the person accessing or using our Platform, acts on behalf of, or for the purposes of another person, including a business or other organization, “you” or “your” also mean that other person, including a business organization.