Last modified 06.10.2015
- Operator of ParkOne-App
- ParkOne-App is a mobile application operated by Needit Denmark ApS, Hundigevej 79, 2670 Greve, Denmark (“Needit Denmark ApS” or “we”).
- “Community” shall mean the community of Users.
- “Service(s)” shall mean any or all of the services and functionalities offered by ParkOne-App as described under section 4.
- “User” or “you” shall mean any person who installs or uses ParkOne-App.
- “User Content” shall mean any comment, picture, video or other information or data that is uploaded or posted on ParkOne-App by a User.
- Agreement for Use
- The Agreement for Use is applicable to all Users of ParkOne-App. The Agreement for Use is concluded between the User and Needit Denmark ApS upon installing or using ParkOne-App.
- There is no entitlement to conclude an Agreement for Use. Needit Denmark ApS can decline to accept your registration at any time without giving reasons. In this case, Needit Denmark ApS will of course delete all information and data given by you.
- The Agreement for Use constitutes the entire agreement between Needit Denmark ApS and User with regard to the use of ParkOne-App.
- Registration may be necessary for the use of ParkOne-App. You may install and register at ParkOne-App or via Facebook free of charge. Nevertheless, credits and premium services might be purchased (e.g. to book parking spots as set out in section 4).
- ParkOne-App offers various registration options for Users. Users can decide which of these options they would like to log on with. Upon registration, Users must provide a user-name and an email address at which we can contact them. To register with ParkOne-App Users must supply the required data truthfully and fully unless they are designated as voluntary details. Users are personally responsible for keeping their password confidential.
- ParkOne-App helps you find a parking spot and your vehicle’s parking position. To do so ParkOne-App employs industry standard sensor technology (GPS, cell tower connections, accelerometer, gyroscope, Wi-Fi) to determine your parking position, if enabled by you. ParkOne-App comprises the following Services:
- Auto-detect: ParkOne-App can automatically detect that you have just left a parking spot. It will report a potentially free parking spot to the Community. Other Users will see an anonymous marker on the map with a timer when the parking spot is vacated. If enabled in settings, anonymous information about the size of the parking spot based on your car make/model information will be displayed. If enabled in settings, ParkOne-App will also ask you to confirm that the vacated parking spot is public.
- Sharing: ParkOne-App allows you to proactively share details about your parking position and the actual parking details of your vehicle (i) with the Community or (ii) with other Users privately. Such details will only be shared, if proactively initiated by you.
- Handshake: If you manually share a vacating parking spot (post “handshake”), other Users can open a real time transaction with you. This real time positioning feature serves a well-timed parking spot handover. Should you not want another User to see your real time position you can chose not to post the handshake. A handshake posted by you can be booked by other Users.
- Credits: Users get credit for reporting parking spot information to the Community. Credits will be recorded at your ParkOne-App member account immediately after each finalized handshake (a handshake qualifies as finalized if confirmed by handshake partner). Such credits can be used for booking parking spots shared by other Users. In such case credits will be deducted from User´s ParkOne-App member account immediately after each finalized handshake. The amounts of credits received for reporting parking spots may be freely established and adjusted by Needit Denmark ApS in its own discretion.
- Purchase: Users that do not have the time to share parking pots can in the future purchase credits to book parking spots. The mechanism of purchasing credits will be published as the feature becomes available. Needit Denmark ApS is entitled to freely establish the price of credits as well as to adjust the value of credits in its own discretion.
- Communication with User
- Email communication: We may send you e-mail communications related to the Agreement for Use, such as editorial updates, personal data about your member account or changes to ParkOne-App. If you signed up for one of our email newsletters, we will also send you the newsletter that you requested.
- Mobile communications: Subject to your consent, we may use your mobile phone number to send you notifications or other services. All standard interaction will happen within ParkOne-App.
- Advertising: ParkOne-App may display advertisements. Subject to your consent, some advertisements are targeted based on personal data about you, i.e. location data, vehicle type, Facebook data, phone number, username and timestamp. This way advertisers reach Users who are most interested in their products, and you see advertising for products or services in which you may be interested.
- Obligations of User
- Needit Denmark ApS grants you the non-exclusive, non-transferable, limited right and license to install and use ParkOne-App solely and exclusively for your personal use. Except for User Content, any and all content of ParkOne-App (including in particularly but not limited to texts, software, graphics, photos, sounds, music and interactive elements) is intellectual property of Needit Denmark ApS or licensed to Needit Denmark ApS, and such content can only be used for the purposes of the Services or ParkOne-App. Such content shall not be downloaded, copied, reproduced, distributed, transferred, forwarded, displayed, sold, licensed or otherwise utilized for any other purposes without the prior written consent of Needit Denmark ApS of its licensor. All rights not expressly granted herein are reserved by Needit Denmark ApS.
- The User especially agrees that he or she will not, and will not allow any third party to
- copy, modify, sublicense, sell, lease, lend, rent or distribute the ParkOne-App for any purpose;
- decompile, reverse engineer, disassemble, translate, create derivative works from or otherwise attempt to derive source code from the ParkOne-App or content that may be presented or accessed through the ParkOne-App for any purpose unless otherwise permitted;
- use mechanisms in connection with the use of ParkOne-App that might disturb the functionalities of ParkOne-App (in particular no measures shall be taken which circumvent, eliminate or otherwise impair the security functions of ParkOne-App or which might result in an unreasonable or undue encumbrance of ParkOne-App´s infrastructure);
- make the functionality of ParkOne-App available to multiple users through any means;
- Availability of ParkOne-App
- The User´s right to install and use ParkOne-App and the Services exists in line with state of the art technology. Needit Denmark ApS assumes no responsibility for the availability of ParkOne-App and the Services at a certain specific time. Needit Denmark ApS reserves the right to partly or entirely limit or stop the operation of ParkOne-App (e.g. for reasons of security or maintenance work). Needit Denmark ApS will not be responsible for internet/network-related downtime and, in particular, for downtime in which ParkOne-App cannot be accessed due to technical or other problems outside the sphere of control of Needit Denmark ApS, e.g. vis maior, fault of third parties.
- Limitation of Liability
- The liability of Needit Denmark ApS shall be unlimited for loss or damage
- caused intentionally or by gross negligence by Needit Denmark ApS, its legal representatives or executive employees or caused intentionally by Needit Denmark ApS’s other vicarious agents;
- from acts causing death, bodily injury or illness, or from the assumption of a guarantee or a procurement risk, or under the Danish Product Liability Act.
- The liability of Needit Denmark ApS shall be limited to loss or damage that is reasonably foreseeable in connection with an individual contract for
- gross negligence of Needit Denmark ApS’s other vicarious agents;
- slight negligence of Needit Denmark ApS, its legal representatives or executive employees or other vicarious agents in case the loss or damage results from a breach of a material contractual obligation.
- Subject to sections 8-a and 8-b above, any other liability of Needit Denmark ApS is excluded.
- User Content
- Needit Denmark ApS has no influence on and assumes no responsibility for the correctness or lawfulness of User Content. Needit Denmark ApS does not carry out controls before uploading or publishing of User Content by Users.
- The User undertakes to comply with all applicable laws and regulations when creating, uploading or publishing User Content and to formulate User Content in an appropriate and reasonable manner. The User is liable for correctness and lawfulness of User Content. In particular, User Content is prohibited if it jeopardises young people, harms reputation or business of others, is politically radical, racist, pornographic or violent.
- By uploading or publishing User Content within ParkOne-App the User grants Needit Denmark ApS the following global and non-exclusive rights free of charge:
- right to make the User Content accessible to the public;
- right to reproduce the User Content;
- right to edit the User Content in accordance with the technical requirements of ParkOne-App.
- The User is entitled to request deletion of the User Content. Upon deletion of the User Content the rights granted by the User as set out in section 10.3 above shall cease.
- The Agreement for Use is concluded for an indefinite period of time and shall remain effective until terminated by either the User or Needit Denmark ApS.
- Users may terminate the Agreement for Use at any time by permanently removing and/or deleting ParkOne-App from their mobile device.
- Needit Denmark ApS is entitled to terminate the Agreement for Use without notice if the User fails to comply with any of his or her obligations set out in section 6 above or with any applicable legal provision. In such event, the User must immediately remove and/or delete ParkOne-App form his or her mobile device and destroy any copies of ParkOne-App in his or her possession or control.
- Needit Denmark ApS is also entitled to terminate the Agreement for Use without notice, if (i) ParkOne-App or any of the Services are not made available anymore in the country where the User has his or her residence; (ii) Needit Denmark ApS is obliged to do so by law; (iii) Needit Denmark ApS stops operating ParkOne-App.
- Jurisdiction The place of jurisdiction for all disputes arising from or in connection with the Agreement for Use shall be Copenhagen, Denmark.
- Contact If you have any questions or need support in connection with ParkOne-App please contact us at firstname.lastname@example.org
Last modified 05.10.2015
ParkOne (the “Service”) is designed to help you find a parking spot and your vehicle’s parking position (car, bicycle, etc.). To do so ParkOne employs industry standard sensor technology (GPS, cell tower connections, accelerometer, gyroscope, wifi, barometer) to determine your parking position so that the information is recorded on your device for later retrieval. ParkOne is operated by Needit Denmark ApS, Hundigevej 79, 2670 Greve, Denmark which is the controller of your personal data.
- Personal data collected by our Service
- When you use the Service, certain Service functions or directly contact us, we may collect your personal data from you, including:
- personal login (your ParkOne or social connector credentials);
- device information (actual device type, unique IDs (IDFA, GAID, UDID, operating system; battery consumption statistics);
- your location (latitude & longitude of parking position, real-time position on handshake (incl. speed, direction and elevation));
- Service specifics (application ID, version number, anonymous click statistics, parking occupancy for community sharing);
- Your ParkOne community profile (nickname, car make and model, profile picture, license plate information, user credits for activity within the community)
- contact information, such as name, email address, postal address, phone number, and mobile number;
- your browser type and operating system;
- for battery consumption optimization we collect the following statistics in intervals; current battery charge, measure interval length, last recharge point, ParkOne processes running during interval, battery capacity, battery technology and battery health as reported by the operating system;
- the web pages you were visiting immediately before and after you came to the Service;
- web pages and advertisements that you view, and links that you click on, within the Service;
- standard server log personal data; and
- correspondence you send to us;
- personal data collected through HTML cookies, Flash cookies, web beacons, and similar technologies.
- Personal data we collect from other sources
- We may access personal data about you from third-party sources and platforms (such as social networking services, databases, online marketing firms, and ad targeting firms), including:
- if you access third-party social networking services (such as Facebook Connect or Twitter) through the Service, your username and connection lists for those services, statistics of comments, your comments, data from your social networking profile such as your friend list;
- demographic data, such as age range, gender, and interests;
- advertisement interaction and viewing data, such as ad click-through rates and personal data about how many times you viewed a particular ad;
- to improve the service we installed a Training Module in the App. This Training Module will temporarily use data from certain sensors of the smartphone (including WiFi, bluetooth, barometer, GPS, accelerometer, gyroscope, activity recognition, cell tower identifier) as well as information on the screen, phoneCall, headphone, docking and power (battery charger) modus of the smartphone. Use of the Training Module is subject to a dedicated user opt-in.
- How we process and use the personal data that we collect
- Email communications With your consent, we may use the personal data that we collect to send you e-mail communications, such as editorial updates, personal data about your account or changes to the Service. If you signed up for one of our email newsletters, we also will send you the newsletter that you requested.
- Mobile communications
With your consent, we may use your mobile phone number to send you notifications or other services. All standard interaction will happen within the app.
- Request fulfillment
We may use the personal data that we collect to fulfill your requests for products, services, and personal data. For example, we may use your contact personal data to respond to your customer service requests or to enable you to participate in features on the Service such as “handshake” or “auto-detect” (see below).
You can manually report a vacating parking spot (“post handshake”). This will share your parking spot with other users. Your chosen identity (name, avatar, car make/model) will become visible to other users. Other users can now open a real time transaction with you. This real time positioning feature serves a well-timed parking spot handover. Should you not want another user to see your real time position do not post a parking “handshake”.
The Service can automatically detect that you have just left a parking spot. It will report a potentially free parking spot to the Service. For this purpose the following personal data about you are collected and processed; personal login, device information, location, service specifics and your community profile (see above for details). No such personal data of you will be visible to any other user. Other users will just see an anonymous marker on the map with a timer when it vacated. We may display anonymous information about the size of the parking spot based on your car make/model information. If enabled in settings, the Service will also ask you to confirm that you vacated a public parking spot. On confirmation the above mentioned map marker will change color/icon but no additional personal information are being displayed.
The Service allows you to proactively share details about your parking position with other users privately. Only on your click will we submit details to a chosen community member. The information we collect and submit include your facebook ID (to connect to the other user), vehicle details, location information, notes you saved for this parking and the exact parking garage slot that you may have saved. This feature is designed to inform other users about the actual parking details of your vehicle. Please consider carefully who you share those information with.
- Facebook Connect and other Social Plugins
- Training Module
The data that has been generated with the Training Module (see 1.) will be used to improve the precision of the algorithm (machine learning) that is used for the vehicle detection, i.e. what vehicle the user is using at a given point of time. While the Training Module is active summary statistics of the sensors are being send to the server backend for analysis. The result of the analysis is send back to the smartphone and can be displayed to you for verification. This helps the algorithm to learn.
- Personal data sharing
- We value your privacy, and share personal data about our users only under certain circumstances. We will make personal data about you available to other companies, applications, or people in the circumstances listed below:
- We may share aggregated personal data or personal data that does not directly identify you with third parties to help us develop content, services, and advertising that we hope you will find of interest. Please note that we do not share personal contact information with third parties that advertise on the Service.
- We may employ third parties to perform Service-related services, including database management, maintenance services, analytics, marketing, data processing, and email and text message distribution. These third parties have access to your personal data only to perform these tasks on our behalf and subject to the required contracts on data processing.
- If you choose to engage in public activities on the Service, such as handshake or posting comments on community message boards, any personal data you submit can be read, collected, or used by others. Please exercise caution when deciding to disclose any personal data in public activities or submissions.
- We may share personal data about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, or if required by law, and in other circumstances in which we have a good faith belief that sharing is necessary. We want the Service to be a safe and friendly community.
- We may share personal data about you to respond to law enforcement authorities.
- In addition to the scenarios identified above, we may share personal data about you for any other purposes disclosed to you at the time we collect your personal data or pursuant to your consent.
- Cookies and other technologies
- Some personal data is collected about you automatically through cookies and other technologies. Cookies
Cookies are small amounts of information stored in files within your computer’s browser. Web sites can access only the cookies that they have stored on your computer.
- -To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was using the Service. For example, we may save your login information so you don’t have to sign in every time you use the Service;
-To help us customize the content and advertisements you see when you use the Service; and
- -To help measure and research the effectiveness of our interactive online content, features, advertisements, and other communications. Web Beacons
We may use web beacons (also called transparent GIFs, web bugs, pixels, or action tags). These technologies are strings of code that deliver a tiny graphic image on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page on which the web beacon is placed. In general, any file served as part of a web page can act as a web beacon.
We use web beacons for various tracking purposes, like determining whether or not you are logged into the Service and whether or not you are connected to a third-party service.
Third parties also may use web beacons to receive auditing, research, and reporting information, or to understand your interests and select and deliver to you advertisements that are tailored to your interests.
In order to learn more about how our Service is used, we aggregate and analyze the data that we collect. We may use this personal data, for example, to monitor and analyze use of the Service, to increase our Service’s functionality, and to better tailor our content and design to suit our visitors’ needs.
You can change your browser settings to reject all cookies, accept only certain cookies, or notify you when a cookie is set. Please note that you may need to renew these settings, if you delete your cookies after these preferences are made. These settings also may not apply, if you are using a different computer or Internet browser.
If you opt out of these technologies, you will continue to see advertising displayed on the Service, but the advertising may not be targeted to your interests.
- Your rights and choices
- In accordance with the law, you may at any time request to access, rectify, complete, update, block or delete your personal data, by contacting us at email@example.com.
- Confidentiality and security
- We limit access to contact personal data about you to employees or service providers who we believe reasonably need to come into contact with that personal data to provide products or services to you or in order to do their jobs. All our employees engaged in processing personal data have been obligated to maintain confidentiality. We also have adopted technical, physical, and administrative procedures that are adequate to help protect personal data about you from loss, misuse, and alteration.
Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using the Service, but we cannot warrant the security of any personal data you transmit to us. Even the largest enterprises of the world have been experiencing data vulnerabilities. We are committed to keep your information safe at all times.
- Transfer of personal data outside of the EU
- ParkOne is a global service. For providing the Service (such as the “handshake”) we need to transfer positioning data extremely fast between mobile devices. The server infrastructure providing such high availability and low latency may be distributed across multiple content delivery networks. Thus parts of the servers that you connect to for use of the Service may be outside of the country of your residence. This specifically includes servers outside of the EU. We work with the world’s largest computing infrastructure providers that follow highest physical, logical and technological security standards and have the required contracts in place that ensure an adequate level of data protection.
- Questions and suggestions
Effective Date: 2 October 2015