Privacy Policy

OVERVIEW

This Privacy Policy explains how Smart Parking Ltd (‘we’, ‘us, ‘our’) handle Your Personal Data (including information about you and your vehicle) in order to provide parking management services under our contract with You. This policy should be read in conjunction with our Parking and Payment Terms, which can be found here https://www.smartparking.com/uk/parking-terms-and-conditions/.

This policy has been drafted in accordance with the UK General Data Protection Regulations and Data Protection Act 2018; we will refer to these frameworks as ‘Data Protection Law’.

When collecting data in accordance with this Policy, we are the Data Controller.

SCOPE AND CONTENT

This policy includes the following information:

• Data Security
• Data Collection and Processing

  • Categories of personal data we collect
  • How and why we collect data
  • How and why we process data
  • Special Category (sensitive) data
  • Retention

• Data Sharing

  • Who we share data with, and why

• Your rights
• Contact Information

DATA SECURITY

We are committed to ensuring the ongoing safety and security of your personal data. We look after your personal data by having appropriate safeguards in place to protect from the potential harm which may result from a breach of security.

Unfortunately, the transmission of information via the internet is not guaranteed secure and although we will do our best to protect your personal data, we cannot guarantee the security of data transmitted to our site, any transmission is at your own risk.

DATA COLLECTION AND PROCESSING

Categories of data we collect

1. Where there is no breach of parking terms

   • We limit our data collection to vehicle registration numbers, and on occasion, may also capture images of the vehicle and its occupants/bystanders.

2. Where there is a breach of parking terms / where you have an unpaid Parking Charge

   • We will collect and store your vehicle registration number and will use this to request (i.e. collect) vehicle keeper details from the DVLA.
   • Where you receive a Parking Charge which is issued by a warden, the data collected at that time will be your VRM, images of your vehicle and possibly occupant and bystander images.
   • If you are not the registered keeper of the vehicle, then your data has been provided by:

     • a) A third party who has confirmed that you were driving the vehicle on that date
     • b) A third party who has confirmed that the vehicle was hired or leased to you on that date

   • If you no longer live at the address held by the DVLA, then your data has been provided by:

     • a) A third party now living at the property who has confirmed that you were responsible for the vehicle on that date
     • b) A third-party now living at the property who has confirmed that you were responsible for the vehicle on that date
     • c) A third party who has confirmed that you were driving the vehicle on that date
     • d) A third party who has confirmed that the vehicle was hired or leased to you on that date

3. Appeals

   • We will collect any details shared by you within your appeal. You may be provided with a unique reference code, in the event we reject your appeal, which can be used with the Independent Appeal Service.
   • If you submit an appeal or correspond with us in another way, the data processed will be as provided by you within that appeal or correspondence. Where someone appeals or corresponds with us on your behalf with your authority, the data processed will be as provided in the correspondence received from them.

4. Managed Services

   • For sites where we use ANPR cameras only for data collection purposes (not to enforce parking contraventions), and no contract is entered, we will collect VRM information and images only.

5. Data Analytics

   • We may use individual vehicle activity in order to derive raw data values of total entries and exits of all vehicles or vehicle types that have been present at a car park managed by us in a given time period. The data we derive cannot be linked to any data subject and is used only in reviewing the overall site activity.

How and Why We Collect Data

Depending on the category of user you are at our site, your personal data will be obtained, processed and retained in accordance with our legal basis/es for doing so.

Images of vehicles and VRM’s are collected via ANPR cameras and/or attendants on site. Where in operation, VRM data may also be collected and processed via the payment and/or terminals systems at our sites.

How and Why We Process Data

When you use our car parks, we collect and process your personal data for the purposes of ensuring compliance with parking terms and conditions and to ensure effective car park management at our sites.

We process your data in accordance with the legal bases of contract and legitimate interest, as follows:

Legitimate Interest – We process your data on this basis, as we have a legitimate interest in pursuing unpaid parking charges in order to enforce the terms of parking on our sites for landowner clients.

Where you have not entered into a contract with us, and/or there has been no breach of the parking terms (in accordance with the signage displayed at our sites) but it remains necessary for us to process your data, we rely on our legitimate interest.

Contract – Where you have entered one of our sites and have parked in accordance with our terms and conditions, you have entered a contract with us which allows us to process your data on this basis. This includes ensuring your compliance with parking terms and conditions, as displayed on signage throughout our car parks, and to enforce those terms were necessary.

Special Category (Sensitive) Data

Depending on the content of your appeal or correspondence, the information or documentation provided may be classed as ‘special category’ personal data and will be considered more sensitive.

Examples of special category data include personal identity numbers, financial information, information relating to race, ethnic origin, sexual orientation, political and religious opinions and belief and information relating to criminal offences, physical and mental heath data.

We and any third-party processors we engage with, will process any special category data you provide, based upon your explicit disclosure of that information. We may ask for your explicit consent to process special category data which you provide to us. We will process any special category data provided by you, unless we are notified that you no longer consent to that processing.

If you wish to withdraw your consent, please contact dpo@smartparking.com.

Retention

We retain your data in line with the below:

DATA SHARING

In order to enforce the parking contract where a breach of the terms has been identified and to support the legitimate interests explained above, we may share data with the following organisations:

• Parking tariff payments facilitators
• External software providers
• Independent Appeals Service
• Debt Recovery Companies
• The police and/or other security organisations
• Landowners

Where data is shared, we will ensure that data sharing agreements are in place before any sharing takes place.

Other than the list above, we will not share information with any other third party about you or your vehicle. Where data is transferred outside of the EU, we have ensured that those from the list above and accessing the data have the appropriate safeguards in place and are subject to an appropriate supervising authority.

YOUR RIGHTS

Under Data Protection legislation, you have the following rights:

• The Right to be Informed
  Individuals have the right to be informed about the collection and use of personal data. This information is contained within this privacy policy, and within the signage located at all sits managed by us.
• Right of Access
  Individuals have the right to request a copy of the data held about them. We are required to verify your identity before passing you information and we may contact you upon receipt of an access request to clarify your request. We will be unable to process your request until we have all required information.
  If you would like to submit a Subject Access Request (Also known as a Data Subject Access Request) please submit this to dpo@smartparking.com.
• Right to Rectification
  Individuals may request that inaccurate personal data is corrected or completed if it is incomplete.
• Right to erasure
  The right to erasure is also known as the right to be forgotten, and individuals can request that their personal data is erased. This right will only apply in certain circumstances.
• Right to Restrict Processing
  Individuals may have the right to request the restriction or suppression of personal data. This right will only apply in certain circumstances.
• Right to Data Portability (to request a move, copy or transfer of personal data)
  The right to data portability allows individuals to move, copy or transfer personal data easily from one IT environment to another. This right will only apply in certain circumstances.
• Right to Object
  In certain circumstances, individuals have the right to object to the processing of personal data. Any such objection must be based on your particular situation. We will review each request we receive and if we refuse your request, we will inform you of the reason why we have not taken action.
• Rights related to Automated Decision Making, including Profiling
  Individuals have the right to be given information about such processing, request human intervention or to challenge a decision This right will only apply in certain circumstances.

CONTACT INFORMATION

If you have any questions about this privacy policy, how we us your data, or your data rights, you can contact us at dpo@smartparking.com

If you are concerned about our processing of your data or if you have a privacy related query not answered by this policy, or if you believe we are unable to assist with your query, you are able to contact the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website.