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Terms of Service

Terms of Use

Terms of Service

Last updated: July 01, 2021

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICE.

 

When you create an Account or use the Service, you are directed to these Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. If You disagree with any part of these Terms and Conditions, or you can not legally form a binding contract with Us, then You may not use nor access the Service.

 

Interpretation

The words of which the initial letter is capitalized have meanings, regardless of whether they appear in singular or in plural, as defined below.

Definitions

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You, at your request and acceptance of the Terms, to access our Service.  This includes but is not limited to an account on the Website or on the Mobile App.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Affiliates include any subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • Company (referred to as either "the Company", "We", "Us" or "Our") refers to Parkkr Inc, a Florida Corporation, and its Affiliates.

  • Device means any electronic device that can access the Service, including but not limited to a computer, a mobile phone, or a digital tablet.

  • Enforcer refers to third-party individuals who are authorized by a Lot Manager to issue parking violations to Parkers on their parking lots.

  • Lot Manager refers to third-party entities, companies or individuals who create an Account for use of the Service to help manage the parking on their parking lots.  

  • Mobile App refers to all of the Company operated mobile applications (software), available for download from sites, including but not limited to third-party app stores.

  • Parker refers to individuals who create an Account to park their vehicles on a parking lot operated and maintained by a Lot Manager.

  • Service refers to the Parkkr software and technology tools provided on the Website and the Mobile App.  The Service is provided by the Company from our offices located in Miami, Florida, United States.

  • Service Provider refers to third-party companies or individuals contracted by the Company to provide services to the Company related to operating the Service.

  • Terms and Conditions mean, collectively, these Terms and Conditions, the Privacy Policy, and the Cookies Policy (also referred as the "Terms") together which form the entire agreement between You and the Company regarding the use of the Service.

  • Website refers to all of the Company operated websites, including but not limited to: http://www.parkkr.com, and all of the Company web applications (software) accessible from such websites.

  • You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions include the Company’s Privacy Policy and Cookies Policy, attached hereto and incorporated herein by reference.  These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Sometimes, additional terms related to a certain aspect of the Service will be posted on the Website or Mobile App, and those additional terms will also become part of these Terms and Conditions if you use that aspect of the Service. Using the Service may include downloading software to your Device and You agree that we may automatically update that software, and these Terms will apply to any updates.

 

You represent that you are over the age of 16. The Company does not permit those under 16 to use the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions, as well as applicable laws and regulations. If You disagree with any part of these Terms and Conditions, or you can not legally form a binding contract with Us, then You may not create an Account nor use or access the Service.

 

We Do Not Manage Parking Lots - We are ONLY a software company

We do not own, operate, manage, nor maintain any parking lot or parking facility. We do not set parking rates, violation rates, rules, restrictions, or post signage. And we do not issue parking tickets nor provide parking enforcement services. Parking lots are operated by third-party Lot Managers who contract with Us to use our software and other technologies to set their own parking rates, and enforce their own parking rules and restrictions. All applicable parking rules and regulations apply to You, and Your use of the Service does not excuse you from following the rules. The Company is not responsible for any incorrect or conflicting parking restrictions posted on parking signage.

 

Using the Service

You will need to open an Account to use the Service.  When you open an Account, you agree to provide valid and truthful registration information, and to only use the Service as intended.  It is Your responsibility to keep Your information on the Service accurate and current at all times, and to keep access to your Account secure at all times, and to provide a compatible Device and any related data services required in order to Use the Service at your expense.  You are solely responsible and liable for the use of your Account.  You agree to notify us immediately in the event of any unauthorized use or security breach of your Account or our Service.

 

Upon opening an Account, subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Service on Your Device and and to use any content, information and related materials that may be made available through the Service for its intended use. Any rights not expressly granted herein are reserved by the Company.

 

Use of the Service is subject to all applicable terms of service of any Service Provider involved in providing the Service, this includes but is not limited to merchant accounts and payment processors.

 

We are constantly updating and improving the Service. As a result, we may add, modify or remove features or functions, or suspend or stop the Service, at any time, with or without prior notice. Also, the Service may be subject to malfunctions and delays inherent in the use of the internet and electronic communications, for which We are not responsible.

 

Using the Service as a Parker

If you are a Parker, this section applies to you.

 

To open an Account, you will need to provide Us with Your Mobile Phone Number. You agree that we may contact you by SMS text message (messaging rates and fees may apply) to verify your Account, or to perform other important functions during your Use of the Service.  

 

You understand and agree that parking on a parking lot is provided by a third-party Lot Manager.  The Lot Manager determines the rules of the parking lot, the amount to charge for parking, what is a parking violation, the amount to charge for parking violations, and enforcement methods.  The Lot Manager uses the Service to facilitate management of the parking and payment of these charges on behalf of the Lot Manager.  By parking on a parking lot that uses the Service, you agree to all the rules of the Lot Manager, whether posted within the Service, or posted on site at the parking lot.

 

You understand and agree that use of the Service will result in charges to you, which you agree to pay for on the Service, using a payment method that you choose and enter into the Service, with payment in the currency of the country where the parking lot is located.  Such charges may include but not be limited to parking fees, parking violation fees, applicable taxes where required by law, service, convenience or transaction fees, and/or payment processing fees. You agree that such charges, which will be initiated by You, displayed to You, and confirmed by You on the Service before you start a parking session or before you pay for a parking violation are reasonable and applicable to You, and you authorize the Company to charge and receive such payment from You.  Once approved by you and paid, those charges are not refundable, even if You choose to not park.  If you have a question about the rates being charged, please contact the Lot Manager. If you initiate a chargeback that is determined to be not valid by the payment processor, any fees associated with the chargeback that are charged to Us will be due from You. If a refund is required, it will be refunded to the same payment method as the original payment, after the original payment to Us clears.

 

If You receive a parking violation issued by an Enforcer on behalf of a Lot Manager, regardless of whether you received the parking violation before or after you created an Account, you agree that you will pay such parking violation prior to using the Service to park again on any parking lot that uses the Service.  If you do not pay for such parking violation, and you park on any parking lot that uses the Service, you authorize the Lot Manager of the parking lot you parked on to attach a violation sticker to your vehicle, disable your vehicle, or tow your vehicle, as may be applicable in the Lot Managers sole discretion, and in accordance with applicable law. 

 

You agree that you are solely responsible for starting a parking session in the correct parking lot, and entering the correct information as requested on the Service prior to leaving your vehicle, and removing your vehicle from the parking lot upon the expiration of your parking session. The Service may attempt to notify you using reminders, alerts, or other types of push notifications on your Device, however, delivery is not guaranteed.  

 

If you are an Enforcer, in addition to the above, this section also applies to you.

 

To be an Enforcer, you must be authorized by a Lot Manager to enforce the Lot Managers parking rules on a specified parking lot.  The Lot Manager may revoke this authorization at any time, either manually, or by termination of the use of the Service.

 

The Enforcer understands and agrees that the Enforcer is not an employee nor an independent contractor of the Company.  The Enforcer’s relationship is directly with the Lot Manager.  The Company is only providing the Service.

 

Using the Service as a Lot Manager

If you are a Lot Manager, this section applies to you.

 

If you open an Account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these Terms on the entity's behalf.  You are liable for any user of the Service on your Account.

 

You agree that the fees and service charges as outlined on the Service are reasonable, and You authorize us to charge such amounts to You and withhold such amounts from the amounts owed to You. Any amounts due to you will be paid to you as soon as commercially reasonable in Our discretion. We are not responsible for events outside of our control.  The Company reserves the right to adjust pricing for any or all of its Services at any time in our sole discretion, and we will use reasonable efforts to inform you of any changes that may apply to You in advance.  Notwithstanding, you will be responsible for the updated pricing regardless of your receipt of such notification.

 

The Lot Manager understands and agrees that the Enforcer is not an employee nor an independent contractor of the Company.  The Enforcer’s relationship is directly with the Lot Manager.  The Company is only providing the Service.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

Cancellation and Termination

You may cancel Your use of the Service at any time, without prior notice, for any reason whatsoever, by following the cancellation procedures on your Account.  If you do not have access to your Account, please complete the contact form on our Website, but please be aware, to complete your request, we may need to ask you for additional personal information to verify your identity.

 

We may terminate or suspend Your Account immediately, or create limits, without prior notice or liability, for any reason whatsoever, at our sole discretion, including without limitation if You breach these Terms and Conditions or to protect the Account from misuse, or due to non-use.  Our ability to terminate, suspend, or limit Your Account does not limit or exclude other remedies we may have if you are otherwise in breach of these Terms.

 

Upon cancellation or termination, Your right to use the Service will cease immediately, however, You will still be liable for any amounts due and payable authorized during your use of the Service.

 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company or any Service Provider under any provision of these Terms, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service specifically for service or convenience fees during the prior 30 day period, or $100 USD, whichever is less.

 

Notwithstanding any damages that You might incur, the entire liability of each Lot Manager under any provision of these Terms, and Your exclusive remedy, shall be limited to the amount actually paid by You through the Service specifically for parking fees and parking violation fees during the prior 30 day period, or $100 USD, whichever is less.

 

To the maximum extent permitted by applicable law, in no event shall the Company (including but not limited to its shareholders, directors, employees, Affiliates, etc.), or any Lot Managers or Service Providers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information (including ransomware), for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, inability to access the Service, any event outside of Our control including acts of god or terrorism, or otherwise in connection with any provision of this Terms), even if the Company (including but not limited to its shareholders, directors, employees, Affiliates, etc.) or its Lot Managers or Service Providers have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.  

 

Some states (or other jurisdictional areas) do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these areas, each party's liability will be limited to the greatest extent permitted by law.

 

You agree to indemnify, hold harmless and defend the Company (including but not limited to its shareholders, directors, employees, Affiliates, etc.), with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorney's fees and expenses of the Company’s selected attorneys, arising from any third-party claim against the Company relating to (i) Your violation of law, ii) Your infringement of any Intellectual Property or similar proprietary rights of any person or entity; (iii) Your improper or illegal use of the Service; (iv) any act or omission or willful misconduct of Yours; (v) any breach of any of your representations, warranties, or covenants made herein; and (vi) any failure by You to comply with these Terms and Conditions.

 

Park at your own risk. No liability is assumed by Us or the Lot Manager for loss or damage, theft, accidents, or injury, or any other cause to or by the vehicle, or the contents of the vehicle, or anything attached to the vehicle, or the mechanics of the vehicle, or the driver or passengers of the vehicle, or pets, while in the parking lot.  All claims must be presented before the vehicle is taken from the parking lot.  

 

Do not use the Service while operating a vehicle. You agree to indemnify and hold the Company and the Lot Manager harmless from any or all liability whatsoever for any harm, loss or injury related to use of the Service while operating a vehicle.

 

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Intellectual Property

All intellectual property used in connection with the Service, including but not limited to the Marks, logos, copyrights, trademarks, domains, trade dress, and trade secrets, is the property of the Company, or the respective owners as may be indicated.  The Parkkr™ name and logo and the [p]™ logo are trademarks or registered trademarks of the Company (the “Marks”). You may not use such intellectual property unless you have our express permission.

 

Notwithstanding the foregoing, and subject to Your compliance with these Terms, the Company grants Lot Managers a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Marks, as made available through the Service, and in compliance with any brand guidelines associated with the Marks, in connection with posting parking signs used to promote the Service on their parking lots. 

 

Governing Law & Dispute Resolution

The laws of the State of Florida, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.  The venue for any dispute or enforcement required relating to these Terms shall be in Miami-Dade County, Florida. In the event of a dispute or enforcement concerning these Terms, the prevailing party shall be entitled to recover its reasonable attorney’s fees and all costs incurred in connection to said dispute or enforcement, whether incurred in or out of court. 

 

No Class Actions, Class Arbitrations, or Representative Actions for users of the Service Located in the United States or Canada. We and You each agree that if You are a user located in the United States or Canada, each of We and You may bring disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and You each agree not to participate in a class action, a class-wide arbitration, disputes brought in a private attorney general or representative capacity, or consolidated disputes involving any other person or entity in connection with any dispute.

 

The parties hereby knowingly, voluntarily and intentionally waive any and all rights they may have to a trial by jury in respect of any litigation arising out of, under, or in connection with these Terms.

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.  You agree that the original English text shall prevail in the case of a dispute.

 

Miscellaneous

You acknowledge and agree that these Terms (including the Privacy Policy and the Cookies Policy), constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect.

 

Any Account information or data created on the Service is owned by the Company.  We may share or transfer such information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company. We may transfer our rights under this agreement at any time.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms from time to time and at any time (which revised terms will then become the Terms). You should review the Terms regularly. If a revision is material, and not urgent, We will make reasonable efforts to provide prior notice on the Service prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the revised terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms of Service, You can contact us by visiting the contact us page at http://www.parkkr.com

Privacy Policy (and Cookies Policy)

Privacy Policy

Privacy Policy (and Cookies Policy)
Last updated: January 01, 2021

 

Thank you for using Parkkr. Your privacy is important to us. Our Privacy Policy, including Our Cookies Policy, (which is a part of our Terms of Service) describes Our policies and procedures on the collection, use and disclosure of Your personal information in relation to the Service.  When you visit the Website, or create an Account, and by using the Service, You agree to the collection and use of Your information in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please refrain from visiting the Website, creating an Account or using the Service.

 

If you opted in to receive emails from Us.  You can opt out by clicking the link on the bottom of any such email received from Us.

In summary, we do not sell, rent, or license Your Personal Data to third parties.  We only use Your Personal Data to provide the Service, as further described herein.  

Interpretation
The words of which the initial letter is capitalized have meanings, regardless of whether they appear in singular or in plural, as defined below.

 

Definitions
For the purposes of this Privacy Policy:

  • Account means a unique account created for You, at your request and acceptance of the Terms, to access our Service.  This includes but is not limited to an account on the Website or on the Mobile App.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Affiliates include any subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Parkkr Inc, a Florida Corporation, and its Affiliates.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Device means any electronic device that can access the Service such as a computer, a cell phone or a digital tablet.

  • Mobile App refers to all of the Company operated mobile applications (software), available for download from sites, including but not limited to the Apple or Google app stores.

  • Personal Data is any information that relates to an identified or identifiable individual.  Note that not all personal information that is shared with the Company is considered Personal Data.

  • Service refers to the Parkkr services provided on the Website and the Mobile App.  The Service is provided by the Company from our offices located in Miami, Florida, United States.

  • Service Provider refers to third-party companies or individuals contracted by the Company to provide services to the Company related to the Service.

  • Terms and Conditions mean, collectively, the Terms and Conditions, this Privacy Policy, and the Cookies Policy (also referred as the "Terms") together which form the entire agreement between You and the Company regarding the use of the Service.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to all of the Company operated websites, including but not limited to: http://www.parkkr.com, and all of the Company web applications (software) accessible from such websites.

  • You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Collecting and Using Your Personal Data

In summary, we do not sell, rent, or license Your Personal Data to third parties.  We only use Your Personal Data to provide the Service, as further described herein.  The types of data collected includes:

Personal Data

While using Our Service, We may ask You to voluntarily provide Us with certain personally identifiable information that can be used to contact or identify You. The information we collect depends on how You use the Service. Personally identifiable information may include, but is not limited to: Your Name and Mobile Phone Number.  If you create a Lot Management Account, you may also provide Us with Email Address, Company Information, and more. Where possible, we store financial and other related information at Our payment processor.


Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers, geolocation data, and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.


Tracking Technologies and Cookies (Our Cookies Policy)

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. 


Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. We use both session and persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies - These are Session Cookies, administered by Us, for the following purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies - These are Persistent Cookies, administered by Us, for the following purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies - These are Persistent Cookies, administered by Us, for the following purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

  • Tracking and Performance Cookies - These are Persistent Cookies, administered by Us and Third-Parties, for the following purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

 

If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.  However, if You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly. If You'd like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.​ 

 

You can learn more about cookies here: https://en.wikipedia.org/wiki/HTTP_cookie


Other Data

While using Our Service, We may ask You to voluntarily provide Us with other information that would not be personally identifiable to You other than as a result of the connection to Your Personal Data within our database. In addition, other data may be created as a result of You using the Service. The information we collect depends on how You use the Service.  Other information may include, but is not limited to: Vehicle Registration Plate Information, Parking Tickets, and Parking & Ticket History.


Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including but not limited to, monitoring the usage of our Service, fulfillment of our Service, and customer service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.


We may share Personal Data in the following situations:

  • With Service Providers: We may share Your Personal Data with third party Service Providers to perform contracted services on our behalf, which would each be bound by their own Privacy Policy. This includes but is not limited to; merchant account services, payment processors, website hosting, data warehousing, data analysis, event logging, information technology, customer service, user analytics, email delivery, messaging, and auditing.  A list of our major Service Providers with a link to their Privacy Policy is provided below.

  • For Business transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

  • With Affiliates: We may share Your information with Our Affiliates, in which case we will require those affiliates to honor this Privacy Policy. 

  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.  In addition, we may disclose aggregated statistical data for statistical or public relations purposes, which would not be tied to any Personal Data.

  • With Parking Lot Managers: If you are a parker registering on the mobile app, and then using the Service to park your vehicle, we share your Personal Data with the Parking Operator of the Parking Lot for which you are parking, in order to provide the Service to You.  In addition, the Parking Operator may use a parking enforcer to enforce the parking rules of their parking lot and Your Personal Data may be provided to such parking enforcers for this purpose.

  • With Law Enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).  In addition, the Company may voluntarily disclose Your Personal Data in the good faith belief that such action is necessary to: Comply with a legal obligation, Protect and defend the rights or property of the Company, Prevent or investigate possible wrongdoing in connection with the Service, Protect the personal safety of Users of the Service or the public, or Protect against legal liability.

  • With Your Consent: We may share your information other than as described in this policy if we notify you, and you agree.


Retention of Your Personal Data

We will retain your data in accordance with applicable Data Protection Laws.

If you create an Account with Us or use Our Services, we will retain Your Personal Data for only so long as is reasonably necessary to fulfil the identified purposes for which the information was collected or as required for legal purposes.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
 

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices, and in any other places where the parties or Service Providers involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your Personal Data is treated securely and in accordance with this Privacy Policy and applicable Data Protection Laws and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your Personal Data.


Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, including but not limited to the use of secure servers, limited physical access, encryption, firewalls, SSL, and other advanced technologies, We cannot guarantee its absolute security and the Company shall not by held liable for any such loss of data. 


Service Providers
Third-party Service Providers that we use to provide the Service may have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.


California Consumer Privacy Act (CCPA)

We are required to communicate information about rights California residents have under California law. The California Consumer Privacy Act (CCPA) requires us to disclose categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it (which we have already explained herein). California residents (or any user) may exercise the following rights:

  • Right to delete. You may submit a verifiable request to close your account (using the method described herein) and we will delete Personal Data about you that we have collected, in accordance with the law; 

  • Right to know and access. You may submit a verifiable request for information (which such information is already presented herein) regarding: (1) categories of personal information we have collected; (2) categories of sources from which we collect personal information; (3) our business or commercial purpose for collecting personal information; (4) categories of third parties with whom we share personal information; and (5) specific pieces of personal information it has collected about you.

  • Right to equal service. We will not discriminate against you for exercising your privacy rights (regardless if you live in California or anywhere else :). 


Children's Privacy

Our Service is not directed to anyone under the age of 16 nor of legal driving age. We do not knowingly solicit nor collect personally identifiable information from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 16 without verification of parental consent, We take steps to remove that information from Our servers and terminate the Account, as necessary.

 

Deletion of Data

If you have an Account, you can submit a request to close your Account through Your Account, which will include deletion of Your Personal Data within 45 days.  If you do not have an Account, or do not have access to your Account, please complete the contact form on our Website, but please be aware, to complete your request, we will need to ask you for additional personal information to verify your identity.  If you would like to use an agent registered with the Secretary of State (or similar) to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. Please be aware, we may have to keep other non-personal data in our database for as long as is required to comply with our legal obligations or 7 years, whichever is shortest.


Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.  We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.


Changes to this Privacy Policy

You are advised to review this Privacy Policy periodically for any changes.  We may update our Privacy Policy from time to time by posting the new Privacy Policy on this page.  If you continue to use the Service after those changes are in effect, you agree to the new policy.   If the changes are material, we may provide a more prominent notice or get your consent, as required by law.  


Contact Us

If you have any questions about this Privacy Policy, You can contact us by visiting the contact us page at http://www.parkkr.com

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