Client's privacy is important to FlexePark, and FlexePark is committed to the protection of Personal Information (as defined below). FlexePark LLC's Privacy Policy (this "Privacy Policy") exists to help Client understand what information FlexePark collects, how FlexePark collects it and uses it, and what choices Client has with regards to such information. To make sure Personal Information is secure, FlexePark communicates FlexePark's privacy and security guidelines to FlexePark employees and strictly enforces privacy safeguards within the company. Please read this Privacy Policy before using, or accessing the Services, or providing any Personal Information to FlexePark. If Client does not wish to have Personal Information used and disclosed as provided in this Privacy Policy, Client should refrain from providing Personal Information to FlexePark and/or delete the Personal Information Client previously submitted to FlexePark. Further assistance is available via email to privacy@flexepark.com. All capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the FlexePark LLC Terms of Service.
1. COLLECTION AND USE OF PERSONAL INFORMATION.
Personal information is data relating to Client that can be used to help uniquely identify Client, either directly or indirectly, and may include: a name, home and email addresses, date of birth, phone number, financial information (such as credit card information and payment history), motor vehicle information (such as a license plate number and type and make/model/year of the motor vehicle), professional-related information, device identification and usage, certain cookie and network identifiers, and other Client information as may be updated from time to time (the "Personal Information"). When Client uses the Services, downloads or installs the Software, creates an account, completes a survey, or downloads an update to the Software, FlexePark may collect Personal Information. FlexePark may also collect Personal Information when Client contacts FlexePark in person (for example, at clinics, conferences, workshops, seminars and other events), via telephone, facsimile or email. When Client sends FlexePark an email, Client's email address will be recorded automatically for purposes of replying to Client's email.
FlexePark may use Personal Information for purposes such as auditing, data analysis, and research to provide, improve, and personalize the Services. FlexePark may also use Personal Information to communicate with Client, to Process Client's payment, and to enforce this Privacy Policy, the FlexePark LLC Terms of Service, or Related Agreements. FlexePark and FlexePark's partners may share Personal Information and use it as described in this Privacy Policy. This Privacy Policy does not cover and is not intended to restrict what FlexePark does with data that is aggregated and anonymized.
By using the Services, Client consents to FlexePark's use of Personal Information for marketing and advertising purposes. FlexePark may use Personal Information to conduct marketing and data analysis or to send Client updates and news concerning FlexePark and FlexePark's business partners. If Client would like FlexePark to stop using Personal Information for these purposes, Client should email FlexePark at privacy@flexepark.com. Additionally, by using the Services, Client is subscribing to FlexePark's electronic newsletter and is consenting to any and all updates to the Services and/or Software, which may include information about new features and additions to the Services. Client may unsubscribe from this content by contacting FlexePark at privacy@flexepark.com.
2. COMMUNICATIONS WITH FLEXEPARK.
FlexePark may use Personal Information such as Client's mobile phone number, or e-mail address to send text messages, e-mails, or other communications to Client. For example, FlexePark may send Client a text message or e-mail containing information allowing Client to access a Parking Spot. FlexePark may, from time to time, send Client text messages or e-mails about Client's use of the Services or pricing changes. FlexePark may also send Client e-mails with general information or special offers about products or other services that may be of interest to Client. If Client does not wish to receive promotional emails from FlexePark, Client may opt-out by contacting FlexePark at privacy@flexepark.com.
3. COLLECTION OF THIRD PARTY WEBSITE USAGE.
FlexePark may receive and store certain types of third party website usage information when Client uses the Services. Website usage information helps FlexePark determine what type of content is most popular and which visitors are interested in what particular content and advertising. FlexePark may collect the pages visited, the time such pages were visited, and other information about Client's engagement with such third party websites. FlexePark may also collect Client's IP address and Client's device identifier, which is a number automatically assigned to the cell phone or tablet used to access the Internet.
4. DATA STORAGE.
FlexePark uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Services, and such third party vendors may collect and store Personal Information on behalf of FlexePark. FlexePark incorporates reasonable safeguards to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be One Hundred Percent (100%) secure. Please note that FlexePark cannot ensure or warrant the security of any information Client transmits via the Services, and Client does so at Client's own risk.
5. DISCLOSURES TO THIRD PARTIES.
There are circumstances where FlexePark may wish to disclose or is compelled to disclose Personal Information to third parties. FlexePark may share Personal Information with FlexePark subsidiaries, branches or associated offices, FlexePark partners, vendors, licensees, agents, representatives, distributors, independent contractors, legal advisors, FlexePark's other professional advisors, and/or to any other third party where Client has provided Client's permission.
Any disclosure to third parties will only take place in accordance with the applicable law and for the purposes listed herein. These scenarios include disclosure: (a) as required to provide the Services to the Client; (b) in order to provide partner-sponsored feature enhancements; (c) when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the FlexePark LLC Terms of Service and Related Agreements, or as otherwise required by law; (d) on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganization, change of legal form, dissolution or similar event (in the event FlexePark is acquired by or merges with another company, Client will be notified before Personal Information is transferred); (e) to protect the security or integrity of FlexePark's business, including FlexePark's databases and systems, and for business continuity reasons; (f) to FlexePark's legal advisors who may need to manage or litigate a claim; and (g) for any other purpose when FlexePark has Client's permission.
6. COOKIES.
A cookie is a small amount of data that often includes an anonymous unique identifier that is stored on a device (the "Cookie" or "Cookies"). When Client accesses the Services, Cookies may be sent to and stored on Client's mobile device. FlexePark uses Cookies to record information about Client's online preferences and allows FlexePark to tailor the Services to Client's interests. Information supplied by Cookies can help FlexePark understand the profile of Client and help FlexePark provide Client with a better user experience. It also helps FlexePark to recognize when Client is signed into or accessing the Services, which will allow FlexePark to provide Client with a more personalized experience. Additionally, FlexePark uses Cookies for targeted advertising. When Client uses the Services, Client may be presented with Cookies from third party websites and these third party Cookies may track Client's use of the Services. FlexePark does not control the dissemination of these third party Cookies and Client should check the relevant third party's website for more information.
7. RETENTION OF PERSONAL INFORMATION.
Client's Personal Information will be retained for as long as it is necessary to carry out the purposes set forth in this Privacy Policy (unless longer retention is required by applicable law). However, FlexePark will not retain any of Personal Information beyond this period and the retention of Personal Information will be subject to periodic review. FlexePark may keep an anonymized form of Personal Information for statistical purposes without time limits, to the extent that FlexePark has a legitimate and lawful interest in doing so.
8. SECURITY OF PERSONAL INFORMATION.
FlexePark is committed to safeguarding all Personal Information that Client provides to FlexePark. FlexePark seeks to ensure that Personal Information is secure and will take all reasonable steps to ensure that personal privacy is respected. All FlexePark data is stored in written or electronic form on FlexePark's servers and computers and in various physical locations. FlexePark maintains physical, electronic and procedural safeguards to protect Personal Information from misuse, unauthorized access or disclosure, and loss or corruption by computer viruses and other sources of harm.
9. COMPLIANCE WITH PRIVACY LAWS.
FlexePark complies with the data protection and privacy laws to which it is subject. Client should become familiarized with those laws, including any exceptions which may apply under such laws. Client should also be aware that privacy laws in various jurisdictions may change from time to time. Except to the extent expressly stated otherwise in this Privacy Policy, FlexePark accepts no obligations with respect to the handling of Personal Information other than those mandated by law in the country which has or countries which have jurisdiction over FlexePark in any given circumstances.
10. MINORS.
FlexePark complies with the Children's Online Privacy Protection Act ("COPPA"), which requires the consent of a parent or guardian for the collection of personally identifiable information from children under thirteen (13) years of age. FlexePark does not knowingly collect, use or disclose Personal Information from children under thirteen (13), or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. However, it is possible that FlexePark may inadvertently receive information pertaining to children under thirteen (13). If Client believes that FlexePark has received information about Client's child who is under the age of thirteen (13), please do not hesitate to notify FlexePark. When FlexePark receives Client's notification, FlexePark will obtain Client's consent to retain the information or will delete it permanently. For purposes of the California Consumer Privacy Act ("CCPA"), FlexePark does not sell the personal information of consumers that FlexePark knows are minors under 16 years of age without affirmative authorization as required under the CCPA.
11.CALIFORNIA PRIVACY RIGHTS.
The CCPA gives California Clients certain rights to Personal Information that FlexePark has collected. Under California law, the exercise of these rights is subject to certain exemptions to safeguard public interests (such as the prevention or detection of crime) and FlexePark's interests (such as maintaining confidentially when legally required). FlexePark will comply with Client's request as soon as reasonably practicable. Requests to exercise Client's rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. To prevent unauthorized access to Personal Information, FlexePark takes steps to verify a Client's right to the data. Following verification of Client's identity, FlexePark will notify Client if FlexePark is unable to fulfill Client's request and outline the reasons FlexePark is unable to honor Client's request at this time.
Client has the right to: (a) ask FlexePark for confirmation on whether FlexePark is processing Personal Information, and if Client can access such Personal Information as permitted by law (this may include what Personal Information FlexePark collects, uses, or discloses about Client); (b) ask FlexePark to delete Personal Information, as permitted by law; and (c) opt-out of certain data sharing practices with third-parties who may use Personal Information solely for their own purposes (Client's right to opt-out is limited to information FlexePark sells to these third-parties, if any, which means the disclosure of data, including technical device data that does not identify Client directly, when a third-party might use that data for its own purposes, such as for personalized advertising). Additionally, California Civil Code Section 1798.83 permits California Clients to request and obtain from FlexePark a list of what Personal Information, if any, FlexePark disclosed to third-parties for that third-party's direct marketing in the preceding calendar year, as well as the names and addresses of those third-parties. FlexePark will not discriminate against Client, in terms of price or the Services that FlexePark offers, if Client submits one of the rights requests listed in this Section 11. To exercise Client's rights to Personal Information or for instructions on how to exercise Client's rights, please contact FlexePark at privacy@flexepark.com.
12. EU/EEA PRIVACY RIGHTS.
If Client is located in the European Union ("EU") and/or European Economic Area ("EEA"), to process Personal Information lawfully FlexePark needs to rely on one or more valid legal grounds. The grounds FlexePark may rely upon include: (a) Client's consent to particular processing activities (for example, where Client has consented to FlexePark using Personal Information for marketing purposes); (b) FlexePark's legitimate interests as a business except where Client's interests or fundamental rights override such interests (for example, it is within FlexePark's legitimate interests to use Personal Information to send Client FlexePark's electronic newsletter and updates unless Client has unsubscribed); (c) FlexePark's compliance with a legal obligation to which FlexePark is subject (for example, FlexePark has a duty to investigate and respond to complaints made against FlexePark and may need to process Personal Information as part of such investigation); or (d) if Client is a client, or is representing a client, because processing Personal Information is necessary for the performance of a contract.
Please contact FlexePark at privacy@flexepark.com at any time to exercise any of Client's data protection rights. Data protection law applicable to individuals in the EU and/or EEA provides individuals with certain rights, including the right to access, rectify, withdraw consent, erase, restrict, transport, and object to the processing of Personal Information. Client also has the right to lodge a complaint with the relevant information protection authority if Client believes that Personal Information is not being processed in accordance with the law. Specifically, Client may have the right to: (a) obtain a copy of the Personal Information FlexePark has about Client; (b) request that FlexePark rectify any inaccurate Personal Information and/or complete any incomplete Personal Information (if FlexePark disagrees and believes such information to be accurate and complete, FlexePark will advise Client and include a notation on the record that Client disputes the information's accuracy. FlexePark will respond to Client's request to correct or supplement Personal Information within a reasonable time period or within any time period specified in relevant laws); (c) as permitted by law, withdraw Client's consent to the processing of Personal Information at any time (such withdrawal will not affect the lawfulness of processing based on Client's previous consent. Please note that if Client withdraws Client's consent, Client may not be able to benefit from certain features of the Services for which the processing of Personal Information is essential); (d) as permitted by law, request that FlexePark stop processing Personal Information (Client also has the right to ask FlexePark not to process Personal Information for marketing purposes); and (e) request that FlexePark erase Personal Information for which FlexePark must comply, unless there is a lawful reason for not doing so. FlexePark suggests that Client contact FlexePark regarding any questions relating to this Section 12 or if Client has a complaint in relation to how FlexePark processes Personal Information. However, Client does have the right to contact the relevant supervisory authority in such relevant country directly.
Individuals in the EU should be aware that FlexePark may transfer Personal Information to a third-party in countries outside the EU for further processing in accordance with the purposes set forth in this Privacy Policy. In particular, Personal Information may be transferred to FlexePark's outsourced service providers located abroad. In these circumstances, FlexePark will, as required by applicable law, ensure that Client's privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. Individuals in the EU, EEA, or Switzerland with inquiries or complaints regarding this Privacy Policy should first contact privacy@flexepark.com.
13. CHANGES.
FlexePark may periodically update this Privacy Policy. The most current version of this Privacy Policy will govern FlexePark's use of Personal Information and will always be available on the website and mobile application. FlexePark will notify Client about material changes in the way FlexePark treats Personal Information by sending a notice to the email address specified in Client's membership account or by placing a prominent notice on the website and mobile application.
This Privacy Policy was last updated on September 21, 2021.
