Privacy Policy

1. Controller and contact details
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   The privacy policy below applies to the use of the services available on the Parkker mobile app (hereinafter the “App”) and information-oriented website www.parkker.ch (hereinafter the “website”). This privacy policy is designed to provide you with information on when we collect what data in the context of the use of the Parkker services, how we process your data and what rights you have in connection with the processing of your data by us.
   The controller for the data processing described here is:
   SM Solutions AG
   Rue Le-Corbusier 10
   1208 Geneva
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   (hereinafter referred to as “Parkker” or “we”).

2. Collection of personal data
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   We process personal data provided by you, collected by us or by third parties (hereinafter “data”), including the following:
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   • In order to allow you to use the services via the App, we collect your vehicle license number and your mobile number.
   • For the creation of an account, we also collect first name, last name, car brand and model, and e-mail address.
   • Recording your vehicle's license plate number when entering or leaving a parking garage (if this service is offered at the location you use).
   • Data on the use of the service (date and period the vehicle was parked in the parking lot).
   • Means of payment are registered within our App and are processed via our e-commerce partners Datatrans and Clearhaus without Parkker’s involvement. Once you have made the payment, we will receive a reference number so that we can assign the payment to your booking.
   • When you use the App, it automatically collects technical data on the operating system, the end device specifications such as, but not limited to, your mobile phone's unique ID, your user behavior, and the time of use.
   • If you contact us (within or outside the App or our website), we collect the data transmitted along with this correspondence (e.g. contact details such as your email address or first and last name).
   • In the event of misuse, damage, or debt collection, we can collect further data in individual cases (e.g. contact details of the vehicle's registered keeper).

3. Purpose and basis of the data processing
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   We process your data for the purposes we have shown you at the time of collection or explained below:
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   • We collect, save and process your data insofar as this is necessary for the provision of the service, to perform the contract (incl. debt collection, parking violations, etc.), manage the customer relationship, answer questions and respond to concerns.
   • To increase your comfort when using our service.
   • Upon the initial registration, our partner MessageBird verifies the mobile number you have entered and sends you a code by SMS so that you can confirm your profile.
   • We also use your data to contact you if we have any queries.
   • We can use your data for periodic internal analyses in anonymized form for statistical and market research purposes.
   • Parkker is entitled to share data with research partners for the purpose of research and scientific studies (e.g. in cooperation with the Collaborative Mobility Unit of the Swiss Federal Office of Energy). These research partners are authorized to contact you for scientific and statistical research. Research partners are contractually bound to use the data only for scientific and statistical purposes.
   • To improve the usability of the App and of our service on an ongoing basis, we process the data collected in order to analyze user behavior and make adjustments to the system.
   • We can also use the data to draw your attention to our offers occasionally or contact you for user surveys or customer campaigns. You can always opt to tell us that you do not want us to contact you in such cases.
   • We also collect your data for security purposes (such as preventing property damage, vandalism, manipulation of parking times, etc.) and access control.
   • We process personal data to comply with laws, directives, and recommendations from authorities and internal regulations („Compliance“).

   Where we do not ask you for your consent for processing, we base the processing of your personal data on the fact that the processing is necessary for the initiation or processing of our service or that third parties or we have a legitimate interest in doing so, in particular, to pursue the purposes and related objectives described above and to be able to implement appropriate measures. Our legitimate interests also include compliance with legal regulations insofar as this is not already recognized as a legal basis by the respective applicable data protection law. The personal data is retained during the consumer or business customer relationship and during a period of 36 months thereafter in order to satisfy Parkker's legitimate interest of defending, establishing, or exercising any legal claims.

4. Order data processors and sharing of data with third parties
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   To make an efficient App that is in perfect working order available to you and to offer our service, we arrange for some of our services, e.g. resolution of delivery errors, data erasure, and saving of data, to be performed by legally independent companies in Switzerland and abroad on our behalf. These service providers (order data processors) are also contractually obliged to adhere to the defined purposes of the data processing and the applicable statutory data protection provisions. In the case of service providers located in a country whose data protection legislation is assessed to be inadequate by the responsible supervisory authorities, we impose obligations on these providers by means of the standard EU contractual clauses introduced by the European Commission and recognized by the Federal Data Protection and Information Commissioner (FDPIC) or equivalent guarantees prior to transferring any of your data in order to guarantee adequate protection.
   
   We share data with parking operators in order for them to be able to carry out enforcement control of ongoing parking and verify parking carried out in their areas. The parking operator may also handle anonymized location data for statistical purposes.
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   To resolve issues relating to the booked parking spaces and in the event of misuse, we can forward your data to the owner or manager of the property in question. We are also entitled to carry out a holder query. Such a transmission will only take place insofar as this is necessary to determine the holder data.
   Your data may also be shared for the aforementioned purposes with other recipients (e.g. appraisers in the event of a claim, parties involved in legal proceedings, or acquirers of business units of Parkker).
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   If federal authorities make inquiries (e.g., in cases involving criminal proceedings), we will disclose the required data if and to the extent that this is required by law, and we are obliged to do so.

   4.1 Where is my personal data stored?
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   To the extent Parkker processes your personal data, the data is stored on servers within the EU. We may transfer personal data to third parties who may be established or otherwise process personal data outside the European Union/European Economic Area (“EU/EEA”) in situations where our service providers are located outside the EU/EEA.
   In such cases, we will ensure that any such transfers comply with applicable data protection laws, including applying appropriate safeguards such as the EU Commission Standard Contractual Clauses and supplementary measures, as necessary. You have the right to request information regarding transfers outside the EU/EEA and a copy of the safeguards taken by Parkker in order to protect your personal data. To do this, please use the contact details listed at the end of this Privacy Policy.

5. Server logfiles
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   We use server logfiles to capture data about your visit to the App. This access data includes:
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   • Name of the App or website you accessed
   • File name
   • The date and time of your visit
   • The volume of data transferred
   • Notification of successful access
   • Your browser type and version
   • Your operating system
   • The referrer URL (the previous page visited)
   • The IP address and the requesting provider
   • What device is used and a mobile phone's unique ID

   We use this logged data for analytical purposes only to ensure the operation and security of our IT systems and to optimize the App within the meaning of Art. 6 (1) (f) GDPR to provide you with a secure and trouble-free user experience at all times. We reserve the right to verify logged data subsequently, should it have concrete grounds to suspect that the App has been used unlawfully. The server logfiles are deleted after a period of 14 days.

6. Contact form and email
   
   When you contact us using the online form, we capture your contact details transmitted to us so that we can process your inquiry and follow up on any queries that may arise. During the sending procedure, your consent is obtained to process the data, and you are referred to this privacy policy. The legal basis for this processing of your data is Art. 6 (1) (a) GDPR. You have the right to revoke your consent at any time. Revoking your consent does not affect the legality of the data processing carried out until the revocation is based on your former consent.
   The legal basis for processing your data when you contact us by email is Art. 6 (1) (f) GDPR. We only process your personal data to process your inquiry. This is where our required legitimate interest in processing the data lies.
   If the aim of the email contact is to enter into a contract, Art. 6 (1) (b) GDPR provides an additional legal basis for processing the data.
7. Integration of third-party services and content
   
   Our App and website content consists, to some extent, of third-party content such as YouTube videos, maps from Google Maps, RSS feeds, or images from other websites. This always requires the providers of such content (hereinafter referred to as “Third-Party Providers”) to identify your IP address. Without this IP address, third-party providers cannot send the content to your browser. We only integrate this content into our App and Website to provide you with useful information or to make a process easier for you without additional data processing. The legal basis for this data processing can thus be found in Art. 6 (1) (f) GDPR. Our legitimate interest lies in the fact that we are able to offer you this content as a service. In addition, certain services are only activated as described above when you actively select them. In these cases, data processing is based on Art. 6 (1) (a) GDPR. If you do not want this content, you can select the appropriate settings in your browser settings. We make every effort to use content from providers that use the IP address only to deliver such content. However, we cannot influence whether or not third-party providers use the IP address for statistical purposes, for example.  We notify users if we become aware of any such usage.

8. Analysis of use behavior and other services

   8.1. Google Analytics and Tag Manager
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   Our APP and website use Google Analytics and Tag Manager, a web analytics service and an associated support tool provided by Google Inc. (“Google”). Google Analytics and Tag Manager use cookies to facilitate these services. The information generated by the cookie about your use of this website is transferred to a Google server in the USA and stored there. IP anonymization is standard on our website, meaning your IP address is abbreviated before being transmitted to Google. In exceptional cases only, your full IP address will be transmitted to a Google server in the USA and abbreviated there. The IP address transmitted from your browser in the context of Google Analytics will not be matched with other data held by Google. On our behalf, Google will use this information in order to evaluate your use of the website within the scope of your consent or for technical reasons, to prepare reports on website activity and to provide other services to us in connection with website and internet usage. The legal basis in the case of strictly necessary cookies is Art. 6 (1) (f) GDPR. Our legitimate interest lies in ensuring as best we can that the App and web page function correctly.

   • The following data may be stored and analysed anonymously and exclusively for statistical purposes
   • The pages visited and the sequence in which they are accessed
   • The operating system and browser used
   • The date and time of the page views
   • The address of the website visited directly beforehand, if your visit has been made via a direct link to us from there
   • Information about the origin

   8.2. Google Places API
   
   We use Google Places API to make it easier for our users to perform place-related searches and to fill in address details automatically. The data that is collected through a search using Google Places API is subject to Google’s terms of use. Google processes data on the user’s use of Places. For further information, please visit: https://developers.google.com/maps/terms?hl=de#section_9

   8.3. Google AdWords Conversion Tracking and Google Remarketing
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   We use Google AdWords Conversion Tracking and Google Remarketing for advertising purposes.
   With Google Conversion Tracking, Google AdWords will place a cookie on your smartphone and /or computer, provided you have reached our App or website via a Google ad. These cookies expire after 30 days and cannot be used for personal identification. If you visit certain pages on our websites and the cookie has not yet expired, we and Google can recognize that you have clicked on the advert and then been forwarded to this page. Every AdWords customer, which includes us, is given a unique cookie. Cookies cannot, therefore, be traced beyond the App or websites of the AdWords customer. The information acquired by means of the conversion cookie helps produce conversion statistics for AdWords customers. AdWords customers find out the total number of users who have clicked on their adverts and who have been forwarded to a page with a conversion tracking tag. However, we do not receive any information with which to identify users personally. The legal basis for our use of Adwords is your consent in accordance with Art. 6 (1) (a) GDPR. With Google Remarketing, cookies are used to record your browsing behavior in an anonymous manner for marketing purposes and to adapt advertising offers to your interests. These technologies never record or store personal data that allows your identity to be determined.

9. Social media and advertising
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   Social media cookies allow us to connect to your social networks and share content from our sites via social networking channels.

   9.1. Facebook remarketing/retargeting
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   Our pages have remarketing tags from the social media network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, integrated into them. When you visit our App or website pages, the remarketing tags establish a direct connection between your browser and the Facebook server. Facebook is thereby informed that you, and your IP address, have visited our website and/or made a purchase. This allows Facebook to associate the visit to our pages and any purchase with your Facebook user account. The information obtained in this way can be used by us to display Facebook Ads and further used for marketing analyses and/or other targeting measures. We would like to point out here that we do not receive any details of the content of the transmitted data or its use by Facebook. Further information about this is available in Facebook’s data policy at https://www.facebook.com/about/privacy/. If you do not want to have data collected via Custom Audience, you can deactivate this feature here.

   9.2. YouTube
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   YouTube, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States is integrated into our web pages (“YouTube”). The link to YouTube’s privacy policy is here: Privacy policy of YouTube

   9.3. LinkedIn
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   ‍Every time one of our web pages that contains LinkedIn functions is accessed, a connection is established to LinkedIn’s servers. LinkedIn is informed that you visited our websites and are also provided with your IP address. If you click on the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn can assign your visit to our website or App in Apple/Google Stores to you and your user account. We would like to point out that, as the provider of the web pages, we have no knowledge of the content of the transmitted data and its use by LinkedIn.
   You can find information on the data that LinkedIn collects, as well as on your rights and the settings you can configure, in the LinkedIn privacy policy. You can find this information at www.linkedin.com/legal/privacy-policy.

10. Data security
    
    ‍We treat your data as confidential and comply with the applicable data protection provisions. In addition, we adhere to recognized security standards, such as ISO 27001.We take appropriate technical and organizational measures to protect your data against foreseeable risks. We protect the data concerning you that you transmit via our App or website during transit by means of appropriate encryption mechanisms. Your device, however, is outside the security area that we are able to control. You are therefore required to inform yourself about the necessary security precautions and to take suitable measures in this regard. We do not, under any circumstances, accept liability for damage that you could incur due to data loss or manipulation.In the event of security risks being identified, we explicitly reserve the right to temporarily suspend or, in severe cases, block access to our App or website until the security risks have been eliminated. We do not accept any liability for any loss or consequential losses arising from the suspension or blocking of access.
11. Your rights in relation to your data
    
    ‍If you wish to receive information about your personal data that we process, you can do so by submitting to us your written request for information, including your license number and mobile number, and enclosing a copy of your identity card or passport and your parking receipt.
    You can request that we rectify inaccurate data or complete data that is incomplete, that we restrict the processing of your data, and, in certain cases, that we transfer your data to another entity. You may also demand the deletion of your data, provided we are not required or authorized by applicable law or regulations to retain your data. If you do not wish to receive advertising, you can also tell us in writing any time.You can send your requests by email via a Contact Support form inside the App or to the address set out in Clause 15.
12. Retention period
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    ‍In accordance with our erasure policies, your data will only be stored by us for as long as this is required for the aforementioned purposes or longer if we are authorized or legally obliged to store it for a longer period.
13. Changes to this information on data processing
    
    We reserve the right to amend or supplement this information on data processing at any time. You will see the current version every time you complete a booking on the App.
14. Contact for queries regarding data protection
    
    Please contact Parkker’s data protection officer if you have any questions concerning this data protection information, require further information, have suggestions, or would like to register a complaint.
    
    SM Solutions AG
    Rue Le-Corbusier 10
    1208 Geneva
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Geneva , 10 March 2024