Effective Date: August 20, 2018
ParKam Israel Ltd. ("ParKam", "we", "our" or "us") offers state of the art parking monitoring and navigation solutions, to municipal authorities and parking operators using the ParKam Control Center (the "Platform"), as well as drivers using the ParKam mobile application (the "App").
We also offer the website www.parkam-ip.com (the "Site", and together with the App and Platform – the "Services"), which provides further information regarding our Services, our company and the ways to get in touch with us.
We are strongly committed to making our privacy practices more transparent and fair. This Privacy Notice (this “Notice”) describes how we collect, store, use and disclose personal data regarding individuals who visit our Site ("Visitors"), use our Platform ("Customers") or use our App ("Drivers", and together with Visitors and Customers - "Users" or "you"). It also describes how we process personal data that may be provided to us by our Customers, and our role as "Data Processor" of such data. It applies whenever you visit our Site or use our Platform or App, interact with us or otherwise access or use any of our Services.
Specifically, it describes our practices regarding –
Please read this notice and make sure that you fully understand and agree to it. If you do not agree to this notice, please discontinue and avoid using our Services.
You are not legally required to provide us with your Personal Data, but without it we will not be able to provide you with the full range or with the best experience of using our Services (for instance, you may still use parts of our Services without installing our App or submitting your data, but you will not be able to enjoy all of its features).
We collect the following categories of data (and to the extent it may enable the identification of a specific person, or is linked to such potentially identifying data, we will deem it as "Personal Data"):
Data automatically collected or generated: when someone visits, interacts with or uses our Services, we may collect or generate technical data about them. We do so either independently or with the help of third party services (as detailed in Sections 4 and 5 below).
Such data consists of connectivity, technical or aggregated usage data, such as IP address, App identifier, non-identifying data regarding the device, operating system, browser version, locale and language settings used, the cookies and pixels installed on such device, and the activity (clicks and other interactions) of Users of our Services.
We do not use such data to learn a person's true identity or contact details, but mostly to have a better understanding on how our Users typically use and engage with our Services, to better secure our Services and to optimize the overall user experience and performance of our Services.
Data received from you: you may provide us Personal Data voluntarily, such as your name and e-mail address when you contact us or when you sign-up to receive e-mail updates; when you submit your vehicle characteristics in the App, i.e. the size of your car and the existence of handicap parking permission or other special parking badges; when you use the App for navigation, and provide us with your GPS location and destination; or when you sign-up to use our Platform, and provide us with your name, e-mail address and (hashed) password.
Data received from our Customers: our Customers may provide us with Personal Data regarding their users, namely the designated individuals in their organization who will use our Platform; and the images of any individuals or other Personal Data who/which may appear in the footage or recordings that are recorded by our Customers via CCTV cameras installed in the Customer's municipality or parking lot, and then transmitted by each Customer to ParKam's systems ("Recordings"). Such data is processed by us solely on the behalf of our Customers, as further described in Section 10 below.
Transaction Data: Customers may also provide us additional data in order to complete their selected transaction (such as their credit card number and related account and billing information, which we may update from time to time should they grant us permission to bill them for recurring charges), as well as their organization's information and preferences. To the extent that such information concerns a non-human entity (e.g., a company or business), we do not regard it as "Personal Data" and this Notice shall not apply to it.
We will use your Personal Data as necessary for the performance of our Services; for complying with applicable law; and based on our legitimate interests in maintaining and improving our Services and offerings, understanding how our Services are used, improving our customer service and support operations, and protecting and securing our Users, ourselves, our Services and members of the general public.
Accordingly, we use Personal Data for the following purposes:
Your Personal Data may be maintained, processed, accessed and stored by ParKam and our authorized affiliates, Service Providers (as defined below) and business partners in the European Union and Israel, as well as other jurisdictions as necessary for the proper delivery of our Services, or as may be required by law.
ParKam (Israel) Ltd. is based in Israel, which is considered by the European Commission to be offering an adequate level of protection for the Personal Data of EU Member State residents.
While privacy laws may vary between jurisdictions, ParKam has taken reasonable steps to ensure that your Personal Data is treated by its affiliates and Service Providers in a secure and lawful manner, and in accordance with common industry practices, regardless of any lesser legal requirements that may apply in their jurisdiction.
We retain your Personal Data for the period necessary in order to maintain and expand our relationship, and to provide you with our Services. In other words, we will retain your Personal Data for as long as you remain our User and have not notified us otherwise. We will also retain your Personal Data for legal and accounting purposes (i.e., as required by laws applicable to our record and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy. If you have any questions about our data retention policy, please contact us at email@example.com.
Please note that except as required by applicable law, we will not be obligated to retain your data for any particular period, and are free to securely delete it for any reason and at any time, with or without notice to you.
We may share your data with certain third parties, including law enforcement agencies, our service providers and our affiliates – but only in accordance with this Notice:
Compliance with Laws, Legal Orders and Authorities: We may disclose or allow government and law enforcement officials access to certain Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, including for national security purposes. Such disclosure or access may occur with or without notice to you, if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Service Providers and Business Partners: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting and database services, data analytics services, data and cyber security services, marketing and advertising services, payment processing services, e-mail distribution and monitoring services, session recording services, and our business, legal, financial and compliance advisors) (collectively, "Service Providers"). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and complementing our Services, and may only use it for such purposes. The list of our Service Providers can be found at: https://www.parkam-ip.com/subProcessors/
Protecting Rights and Safety: We may share your Personal Data with others, if we believe in good faith that this will help protect the rights, property or personal safety of ParKam, any of our Users or any members of the general public.
ParKam Subsidiaries and Affiliated Companies: We may share Personal Data internally within our family of companies, for the purposes described in this Notice. In addition, should ParKam or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Services.
For the removal of doubt, ParKam may share your Personal Data in additional manners, pursuant to your explicit approval, if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may share or otherwise use non-personal data in our sole discretion and without the need for further approval.
Service Communications: we may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, etc. You will not be able to opt-out of receiving such service communications.
Promotional Communications: we may also notify you about new services, events and special opportunities or any other information we think you will find valuable. We will provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms. If you wish not to receive such promotional communications, you may notify ParKam at any time by e-mailing us at firstname.lastname@example.org or by following the "unsubscribe", "stop" or "change e-mail preferences" instructions in the promotional communications you receive.
In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures, including encryption where deemed appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties.
If you wish to exercise your rights under applicable law (e.g. the EU GDPR) to access, rectify, erase or port your Personal Data held with ParKam – please contact us at email@example.com.
Please note that once you contact us by e-mail, we may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g. so we have proof of the identity of the person submitting the request), in accordance with our data retention policy.
Please note that in some cases, as we may rely on our Service Providers' APIs and systems, your requests may require up to a few weeks to process.
Our Services are not designed to attract children under the age of 16. We do not knowingly or intentionally collect Personal Data from children and do not wish to do so. If we learn that a child is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child.
If you believe that we might have any such data, please contact us at firstname.lastname@example.org.
Certain data protection laws and regulations, such as the EU GDPR, typically distinguish between two main roles for parties processing Personal Data: the "Data Controller", who determines the purposes and means of processing, and the "Data Processor", who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
ParKam is the "Data Controller" of Visitors' and Drivers' Personal Data, and assumes the responsibilities of Data Controller (solely to the extent applicable under law), as set forth under this Privacy Notice.
If a Customer uploads or submits any Personal Data concerning Users from the Customer's organization, or transmits any Recordings containing Personal Data to our Services, such Customer is deemed the "Data Controller" of this Personal Data, and we will only process it on the Customer's behalf, as their "Data Processor". This means that in such cases, we will only process such data on behalf of our Customer and in accordance with their reasonable instructions, subject to our contractual agreements. The Customer will be solely responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
If you are a data subject of any of our Customers (either their employee, or an individual depicted in any Recordings), please note that ParKam only processes your data solely on such Customer's behalf. If you would like to make any requests or queries regarding your Personal Data, we encourage then to contact such Customer(s) directly. For example, if you wish to access, correct, or delete data processed by ParKam on behalf of its Customers, please direct your request to the relevant Customer (who is the “Controller” of such data). If requested to remove such Personal Data, we will respond to such request within thirty (30) days. Unless otherwise instructed by our Customer, we will retain the Personal Data processed on their behalf for the period set forth in Section 4 above.
Updates and amendments: We may update and amend this Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the published effective date. We will provide an advance notice if any substantial changes are involved, via any of the communication means available to us, or on the Services. After this notice period, all amendments shall be deemed accepted by you.
Questions, Concerns or Complaints: If you have any comments or questions about this Privacy Notice or if you have any concerns regarding your Privacy, please contact us at email@example.com. ParKam has appointed Mr. Peter Dingemans as its representative in the European Union for data protection matters, pursuant to Article 27 of the GDPR. Mr. Dingemans can be contacted at firstname.lastname@example.org. If you are a GDPR-protected individual, you also have the right to lodge a complaint with an EU supervisory authority.