General terms and conditions

 

Last updated: 2020-03-10

 

 

These General Terms and Conditions (hereinafter referred to as the "Terms") govern the use of all services provided by ApParkingSpot. The terms and conditions thus apply regardless of whether you are a parking operator ("Lessor") or a guest of such a parking space ("Tenant"). ApParkingSpot advises you to read through these terms carefully so that you as a User are aware of your rights and obligations. 

 

ApParkingSpot provides a platform through the mobile application"ApParkingSpot" and the web-based application ("App") for brokering contact between Landlords and Tenants who wish to grant or rent parking spaces (the "Service"). ApParkingSpot is in no case a party to a contractual relationship between Lessor and The Lessee, but only an intermediary of contact between Users.

 

By accepting the terms below and creating a user account, you enter into a binding agreement with ApParkingSpot regarding your use of the Service. Your access to and use of the Service is subject to your acceptance of the Terms in the same form.

 

1.   Applicability

 

1.1.      These terms and conditions apply between you and ApParkingSpot Nordic AB, org. no. 556666-0170 (hereinafter referred to as "ApParkingSpot", "We" and/or "Us") when using all services provided by ApParkingSpot via the mobile application or the web-based application.

 

1.2.      The Terms and Conditions apply to all Users of the App, Lessors as well as Tenants, and constitute a binding agreement between the User and ApParkingSpot.

 

1.3.      The Terms constitute a complete settlement of all matters covered by the Terms.

 

 

 2.   Definitions

 

2.1.      Users: The user uses the Service and the App. The Lessor and tenant are collectively referred to as "Users", "User", or "You".

 

2.2.      The app: The mobile application "ApParkingSpot" and the web-based application for brokering contact between Landlords and Tenants that ApParkingSpot has developed and owns.

 

2.3.      Tenant: The person who uses the App to temporarily rent and use and rent a parking space from a Lessor. Also referred as “Driver".

 

2.4.      Profile: The user's personal account ("User Account") with ApParkingSpot, which the User can access through registration and login in the App.

 

2.5.      The service: ApParkingSpot provide a service through mobile and web-based applications for advertising rental parking spaces and brokering of contact between Rental Renters and Tenants who wish to grant or rent parking spaces.

 

2.6.      Lessor: Holder of the parking spot that uses the App to offer their parking space to be temporarily used by third parties. Also referred as "Host".

 

2.7.      Terms and Conditions: The general terms and conditions set out herein.

 

 

3.   Registration and profile

 

3.1.      To use the App, you must register as a User and create a profile. In order to create a profile and use the Service, you must be over 18 years of age and have a Swedish social security number.

 

3.2.      The user certifies that all information in the profile is accurate, complete and relevant. The User hereby agrees that he/she is aware that it is important for the purpose of the Service to function optimally, that the information provided is accurate and complete. The user is solely responsible for the accuracy, completeness and relevance of the information provided by him, and is continuously responsible for updating the information to be accurate.

 

3.3.      The user is thus responsible for all consequences arising from incorrect, incomplete or incorrect information in his/her profile. If damage occurs as a result of the User stating incorrect, incomplete or incorrect information in his/her profile, this is entirely at the User's risk and expense, unless applicable law determines otherwise.

 

3.4.      The user is solely responsible for keeping their username and password confidential. You may not provide your username and/or password to third parties or give third parties access to your profile in any way. You are therefore responsible for all use of the App using your username and password. ApParkingSpot is entitled to assume that the User is the person who actually logs in with their username and password. If you have reason to suspect that your password has been compromised, you must inform ApParkingSpot as soon as possible. You are also required to take effective action, such as changing the password.

 

3.5.      ApParkingSpot has the power to refuse registration as a User and/or block or remove registration as a User, without any obligation to provide any reason for doing so.

 

3.6.      By registering as a User in the App and using the Service, you acknowledge that you have read and agree to the Terms.

 

 

4.   Service

 

4.1.      The User agrees that ApParkingSpot only offers a platform on which you may come into contact with other users for the purpose of entering into a lease. ApParkingSpot only facilitates the use of the platform but has no knowledge and/or relationship to the information (which also includes the profile information) that Users exchange using the platform and the parking spaces made available through the App. ApParkingSpot is thus not an interested party to the lease and therefore cannot accept any liability whatsoever.

 

4.2.      ApParkingSpot offers the platform as is. The user agrees that the service contains the type of features or properties in the state in which you find them on the platform at the time you use it. ApParkingSpot thus excludes all warranties, commitments and remedies of any kind, including, but not limited to, warranties, commitments and remedies with respect to the quality, completeness, security and accuracy of the Service (and use of the Service), the Platform (and use of the Platform) and the information offered on it, unless the Terms state otherwise.

 

4.3.      The User agrees that ApParkingSpot is entitled at any time to modify, modify and/or close the Platform or Service without being liable to the User for any damage. In the event that you do not wish to accept any modifications and/or changes, you have the right to no longer use the Service and remove your user account.

 

4.4.      ApParkingSpot does not guarantee that the service will be available at all times and without interruption or stop. The reasons why the service may be interrupted include, but are not limited to, interruptions to internet or telephone connection or as a result of viruses or errors/defects. The User agrees that ApParkingSpot is not liable to the User for any damage resulting from or resulting from the service being temporarily or permanently unavailable or as a result of a temporary or permanent interruption of the Service during the course of its use.

 

4.5.      The user agrees that ApParkingSpot does not provide and cannot provide any type of warranty with respect to the parking spaces offered through the platform and that ApParkingSpot has not verified the information made available on the platform, in the form of profiles or in any other way, and that there is no liability whatsoever for such information. The User agrees that they cannot hold ApParkingSpot liable in any way, unless the Terms expressly state otherwise.

 

4.6.      The User agrees that ApParkingSpot has the right to remove a parking space from the platform without any prior notice and without having any liability to the User as a result thereof.

 

4.7.      The User agrees that ApParkingSpot has the right to delete a booking without any prior notice and without having any liability to the User as a result thereof.

 

 

5.   For Lessors: platform, rights and obligations

 

5.1.      The terms of this section 5 apply if you use the Service as a Lessor.

 

5.2.      As a Lessor, you have the opportunity to advertise your parking space to Tenants in accordance with these terms and conditions. ApParkingSpot gives the owner of the parking lot both the opportunity to advertise the parking space and, through ApParkingSpot's agency, to enter into an agreement with the person who wishes to use the parking space. For the use of the Service, the person who has provided their parking space pays an interchange fee to ApParkingSpot.

 

5.3.      It is only allowed to advertise for parking space rental; marketing is not allowed. Making payment outside the Service is considered pure marketing.

 

5.4.      ApParkingSpot provides the Service as a platform to help you reach out to Tenants and offer Tenants to rent your parking space. ApParkingSpot does not provide any parking spaces themselves, but only provides the offer to rent a parking space on behalf of you.

 

5.5.      For the Service to function properly, you must provide ApParkingSpot with the information needed to provide its parking space. You need to enter your name/business name, social security number/corporate identity number, postal address, e-mail address, telephone number, specified parking space details and details for payment of compensation from Tenant that ApParkingSpot has received on your behalf. The information is provided by filling in forms in the App. You are solely responsible for the design and content of the offer that you provide through the Service. You are responsible for the accuracy, current and completeness of the information contained in the offer. You are guaranteed that you have the right to have Tenants rent the parking space through the Service in accordance with all applicable laws and any agreements between you and third parties. In the event of a change of circumstances, such as a change of address or the fact that you are no longer able to grant the parking space, it is your responsibility to correct the registered data without delay. In the event that you provide or fail to correct any information that we deem to be untrue, misleading, misleading, offensive or otherwise inappropriate, we have the right to refuse to perform the agency assignment and, in addition, deny you further use of the Service. ApParkingSpot also has the right to refuse to perform the agency assignment if the information you provide is incomplete and if it is not properly completed. You must ensure that the parking space before renting is in good condition and adapted for the purpose.

 

5.6.      The lessor hereby acknowledges that the Service offered by ApParkingSpot is an exclusive rental service. It is thus prohibited to offer the parking space concerned for rent on other apps, services or websites.

 

5.7.      If a Tenant books your parking space, accepts the terms of the lease and makes payment, you will be bound by the booking and agree to provide the agreed parking space to the Tenant. When the Tenant books your parking space, you and the Tenant enter into a rental agreement in accordance with the terms of sections 7-10.

 

5.8.      The lessor gives ApParkingSpot the right to administer, collect, carry and refund the entire payment made by the Tenant for the rental of the parking space and other payments to be made in accordance with the Terms and Conditions

 

5.9.      The lessor is aware that the rental of parking space may entail a tax liability. The lessor is solely responsible for any tax consequences that may arise as a result of the use of the Service and the rental of his parking space. The custodian value is responsible for the payment of tax and any other fees that may arise in connection with the Service. The lessor is responsible for obtaining the necessary information regarding tax rules in connection with his use of the Service. 

 

 

6.   For Tenant: platform, rights and obligations

 

6.1.      The terms of this section 6 apply if you use the Service as a Tenant.

 

6.2.      ApParkingSpot provides the Service as a platform to help you find parking spaces provided by Lessors. ApParkingSpot does not provide any parking spaces themselves, but only provides the offer to rent a parking space on behalf of the Lessor. Through ApParkingSpot you can search for a geographically suitable parking space to use for a certain period of time, obtain price information and through the service book and pay for the temporary use. For the use of a parking space, the Tenant will pay compensation. Payment is made to ApParkingSpot, via partner Paynova, for accounting to the Lessor after deduction of an interchange fee.

 

6.3.      In order to use the Service, you must register for a personal user account. You are responsible for all activity that occurs under your user account.

 

6.4.      All offers presented through the Service involve non-binding offers unless otherwise stated. The offers are subject to availability. Each Lessor is solely responsible for the formulation and content of its offers regarding the parking space provided by the Lessor through the Service. The lessor is also responsible for the accuracy of the information contained in the offer.

 

6.5.      When you book a parking space, accept the terms of the lease and pay through the App, you and the Lessor enter into an agreement in accordance with the terms and conditions set out in these Terms.

 

6.6.      You are obliged to ensure that the vehicle to be parked is in good condition and that neither the driver nor any passenger litters or destroys in or around the parking lot. You may not use the Lessor's parking space after the agreed time. For excess time, additional fees may be charged. You must leave the Lessor's parking space and leave it in the same condition as it was when it was taken possession at the latest at the agreed time. 

 

 

7.   Lease

 

7.1.      Conclusion of leases

 

7.1.1.    A rental agreement is made between the Tenant and the Lessor by the Tenant in the function of the App by booking of a specific parking space. Through the booking, the Tenant accepts the Lessor's terms and conditions in terms of price and time of the lease.

 

7.1.2.    ApParkingSpot is not an interested party to the lease. ApParkingSpot acts only as an intermediary by offering the platform and facilitating payment. 

 

7.2.      Obligations under lease agreements

 

7.2.1.    During the rental period, the Tenant is responsible for the parking space.  The tenant is not authorized to allow anyone other than the Tenant to use the parking space himself.

 

7.2.2.    The tenant may only use the parking space for parking vehicles with registration numbers. Unless the lessor has stated to accept larger vehicles, the dimensions of the vehicle shall not exceed the following: length 5 metres, width 2 meters, height 2 meters.

 

7.2.3.    The tenant may only use the parking space during the time the Tenant has booked. The tenant is obliged to stop using and leave the parking lot:
a) on the date and at the date agreed in the lease;
b) in the same condition as the parking lot was in when it was taken into possession.

 

7.2.4.    The user of the parking space of the tenant shall not result in the release of oil or other environmentally hazardous substances, littering or other contamination of the parking lot or the surrounding area.

 

7.2.5.    The Tenant is fully responsible for any damage incurred by the Lessor, ApParkingSpot and/or third parties as a result of his failure to comply fully or in part with its obligations. In addition, the tenant accepts the liability obligations set out below in section 11, as well as the obligation to cooperate in dealing with claims for damages.

 

7.2.6.    The lessor guarantees that he has rights for the parking space to sublet it to third parties and under the conditions to which the offer through ApParkingSpot relates. The lessor further guarantees that the parking space is at the tenant's disposal for the entire duration of the lease, which means that the Tenant shall be able to use the parking space for normal parking without hindrance. The guarantee also covers that there is no obstacle during the service and exit road for the parking lot, but the Lessor is not responsible for obstacles on the public roads. If you become aware of an obstacle, the lessor must inform ApParkingSpot as soon as possible and/or change the availability of the parking space. 

 

7.3.      The lease term and termination

 

7.3.1.    The lease ends automatically when the rental period has expired.

 

7.3.2.    If the parking space is not used and returned at an earlier time than agreed in the lease, it will not result in the lease expiring early or a full or partial refund of the rental price. 

 

 

8.   Cancellation

 

8.1.      Lessor's cancellation

 

8.1.1.    The lessor agrees that a Tenant's booking of the parking space offered by the Lessor is a binding agreement and that the Lessor is bound by the booking. The lessor must therefore endeavour to honour the contract and comply with his contractual obligations.

 

8.1.2.    Should the Lessor wish to cancel the confirmed booking, the Lessor should send a message to "support@apparkingspot.com." A valid reason for cancellation exists if the cancellation is made due to circumstances caused by a third party that the Lessor himself could not foresee or control over.

 

8.1.3.    If there is no valid reason for cancellation, the cancellation can lead to a penalty of 200 SEK. Furthermore, the Tenant may publicly publish a negative rating on the Lessor's profile, which will inform other Users of the cancellation and the Lessor's inability to live up to their contractual obligations. In addition, ApParkingSpot can remove the Lessor's user account. 

 

8.2.      Tenant cancellation

 

8.2.1.    Booking for a period of less than 24 hours
If you, as a Tenant, have booked a parking space for a period of less than 24 hours, you have the right to cancel until one (1) hour before the start of the rental period. In case of cancellation one (1) hour before the start of the rental period, 100% of the rental amount has been refunded. In case of later cancellation, no refund will be made.

 

8.2.2.    Booking for a period exceeding 24 hours
If you, as a Tenant, have booked a parking space for a period exceeding 24 hours, you have the right to cancel until one (1) day before the start of the rental period. In case of cancellation one (1) day before the start of the rental period, 100% of the rental amount has been refunded.
If the rental period has started and you wish to cancel the remaining period, the rental amount for the remaining period will be refunded after deduction of one (1) day from the cancellation. 

 

 

9.   Prices and payment process

 

9.1.      Prices for the rental

 

9.1.1.    At the time of booking, the total amount that the Tenant must pay for the rental is shown. The amount that the Tenant is required to pay for the rental consists partly of a rental fee to the Lessor and partly of an interchange fee that is paid to ApParkingSpot and any other potential partners.

 

9.1.2.    The lessor is aware of and accepts that the Lessor cannot claim additional compensation for the rental of parking space after binding booking between the Lessor and the Tenant. 

 

9.2.      Interchange fee

 

9.2.1.    The payment collected by ApParkingSpot from the Tenant on behalf of the Lessor includes an interchange fee that currently amounts to 20-40 % of the rental fee including 20 % VAT to ApParkingSpot and any Partners. ApParkingSpot itself will never take more than 20 %.

 

9.2.2.    ApParkingSpot has the right to remove the interchange fee from the payment received from the Tenant on behalf of the Lessor, immediately after ApParkingSpot has received the payment.

 

9.2.3.    ApParkingSpot's right to interchange fee is not subject to a relationship other than that an agreement is reached between the Lessor and the Tenant. Such an agreement is deemed to have come about when the Tenant has booked the Lessor's parking space and accepted the terms of the lease. The lessor is thus obliged to pay the interchange fee regardless of the requirements that may be directed by the Tenant against the Lessor or vice versa. 

 

9.3.      Payment of the Rental Fee to the Lessor

 

9.3.1.    ApParkingSpot collects the Rental Fee from the Tenant on behalf of the Lessor. After ApParkingSpot lifts the interchange fee out of the Tenant's payment, ApParkingSpot will transfer within thirty (30) working days from receiving the remaining accounting funds to a bank account designated by the Lessor. 

 

9.4.      General information about the payment process

 

9.4.1.    Payment can only be made through the payment function in the App. Payment shall be handled through our partner Paynova AB (publ) ("Paynova"), www.paynova.com. ApParkingSpot collaborates with Paynova to manage invoice payment and administration around the invoice and payments.

 

9.4.2.    Through the Terms, The Lessor Gives ApParkingSpot the right to administer, collect and collect the entire payment made by the Tenant for the rental and other payments to be made in accordance with the Terms and Conditions on behalf of the Lessor. ApParkingSpot thus has the right to recover the Lessor's claim. ApParkingSpots' right to administer, collect and carry the claim is sold to Paynova. Paynova thus has the right to, among other things, but not exclusively issue invoices and send reminders. Users hereby agree that, although ApParkingSpot and Paynova are not party to the agreement between Tenant and Lessor, the entire payment of the Lessor's parking space is handled through the payment service provided by Paynova. 

 

9.5.      Invoice

 

9.5.1.    When you pay Paynova AB is the creditor and the following conditions apply:

 

14-day payment period

 

14-day right of withdrawal under the Swedish legal Act (2005:59) on distance contracts

 

Possibility of partial payment

 

The invoice will be sent by e-mail every month to the e-mail address in your profile.

 

9.5.2.    If you do not have your invoice, you will find it and other payment information on the ApParkingSpot invoice web or by contacting customer service at  support@apparkingspot.com. 

 

9.6.      Fees & Interest

 

9.6.1.    In case of no payment or late payment a reminder fee of SEK 60 will be added.

 

9.6.2.    If no payment is made thereafter, the claim may be submitted for collection management where additional collection costs may apply. 

 

9.7.      Credit assessment

 

9.7.1.    When registering, a credit assessment is made which may involve the taking of a credit report. The usual continuous credit assessment may be carried out to ensure the Tenant's ability to pay.

 

9.7.2.    The user is informed if a credit report is taken.

 

9.7.3.    Paynova has the unilateral right to refuse purchases by invoice payment. 

 

9.8.      Option for fixed instalments

 

9.8.1.    Once you have received your invoice, you can be offered to part-pay your invoice over several months. For example, in the case of a purchase of 10 000 kr, with 29 kr monthly fee, 9.95% variable rate interest and payment over 12 months, the ARP is 24.1%. Each instalment is 908 kr per month and the total cost is 11 190 kr.  Standardized European consumer credit information can be found  here. 

 

9.9.      Paynova’s Personal Data Management

 

9.9.1.    When you choose to pay your purchase by invoice, Paynova will process your personal data. The personal data will be processed to administer your invoice purchase, including carrying out credit risk analysis and otherwise in the manner described in "Information on personal data processing (SWE)". The information also describes your rights and contact details for questions about the processing of personal data.

Links:

-Paynova Terms and Conditions (SWE)

-Standardized European Consumer Credit Information (SWE)

-Data and Personal data management (SWE)

 

 

10.          Complaint

 

10.1.     Not possible to park

 

10.1.1.  If you, a Tenant, booked and paid the fee for a parking space offered by a Lessor to provide to you through the App and you would not have access to the parking space, you should document your experience and complain to ApParkingSpot via support@apparkingspot.com. ApParkingSpot will, when handling your complaint, request photographs, videos or other documentation that can prove what you have experienced. In addition to this documentation, you must enter the booking reference in your complaint. Unfortunately, without such documentation and information, ApParkingSpot cannot make a decision regarding the complaint. Based on the submitted documentation, your description of the experience and circumstances of the individual case, ApParkingSpot will make a decision on the complaint. 

 

10.2.     Incorrect parking

 

10.2.1.  Incorrect parking is when a Tenant uses or disposes of the Lessor's parking space after the agreed time or otherwise breached the obligations under the rental agreement laid down above in section 8.

 

10.2.2.  ApParkingSpot will inform the relevant parking enforcement companies of all bookings and relevant information about the booking including, but not exclusively, the registration number and the time of the start and end of the rental period to prosecute incorrect parking.

 

10.2.3.  Should you, as a Tenant, use the Lessor's parking space after the agreed time, you are hereby aware that the Lessor may take reasonable steps to have your vehicle removed from its parking space. Should a Lessor be required to take action to remove your, tenant's, vehicle or other property, from the parking lot, you are hereby aware that you will be liable to ApParkingSpot for any costs incurred as a result of the removal. You as a Tenant may be liable for, but not exclusively, costs incurred by the Lessor or ApParkingSpot for using a third party for the removal of your vehicle or other property, compensation for subsequent bookings where another Tenant has not been able to use the parking space and/or parking fees.

 

10.2.4.  If a Tenant uses or disposes of  the Lessor's parking space after the agreed time, the Tenant may have to pay a penalty of 500 SEK. The penalty fee applies in the case of incorrect parking from 10 minutes after the end of the rental period. By recording your payment details and accepting these Terms, you agree and give ApParkingSpot the right to apply penalties in the event of improper parking as set out in the policy above.

 

10.2.5.  If you as a lessor have discovered an incorrectly parked vehicle, you should document your experience and complain to ApParkingSpot via support@apparkingspot.com. ApParkingSpot will, when handling your complaint, request photographs, videos or other documentation that can prove what you have experienced. Be sure to photograph or film the license plate of the incorrectly parked vehicle. In addition to this documentation, you must enter the booking reference in your complaint. Unfortunately, without such documentation and information, ApParkingSpot cannot make a decision regarding the complaint. Based on the submitted documentation, your description of the experience and circumstances of the individual case, ApParkingSpot will make a decision on the complaint. ApParkingSpot pays out 500SEK in case of a valid case.

 

10.2.6.  Repeated cases of incorrect parking may result in ApParkingSpot deleting your user account and blocking you from using the Service. 

 

10.3.     Other complaints

 

10.3.1.  Unless otherwise specified in the Terms and Conditions, any other complaints, objections and claims for compensation arising from the letting shall be handled between the Tenant and the Lessor. ApParkingSpot is not responsible for resolving any disputes between The Lessor and the Tenant. Any disputes must thus be resolved directly between the Lessor and the Tenant. Contact ApParkingSpot via support@apparkingspot.com for contact information for other parties. 

 

 

11.         Accountability

 

11.1.     ApParkingSpot is not a party to the agreement between Lessor and Tenant. We thus have no liability to the Lessor or Tenant for the contract that the Lessor and Tenant are included through the use of the Service. ApParkingSpot makes no representations or guarantees whatsoever that an agreement between Lessor and Tenant will come about. ApParkingSpot has no obligation to provide any parking space, nor is it responsible for any circumstance relating to the parking spaces offered by the Lessor through the Service. ApParkingSpot is only responsible for providing Services in accordance with these Terms and Conditions in order to facilitate communication between The Lessor and the Tenant. Through the Service, the Lesser and Tenant can benefit from the payment solution provided by our partner Paynova. Users understand that access to the App and Service may at times be limited due to technical maintenance, updates, outages, or other reasons. Users cannot make any claim against ApParkingSpot because access to the Service has been limited for any period.

 

11.2.     ApParkingSpot hereby disclaims, to the extent permitted by applicable law, liability for direct and indirect damages and/or losses or damages incurred by Users or any third party in connection with the use of or obstruction in the use of the Service regardless of how the damage occurs and whether the damage is caused by negligence, breach of contract or otherwise. ApParkingSpot's liability for errors or defects in the service is limited to the amount corresponding to the interchange fee paid by the Tenant. 

 

12.         Privacy policy

 

12.1.     The following sections show the guidelines applied by ApParkingSpot for personal data processing. The purpose of the guidelines is to ensure that We always process personal data in accordance with applicable personal data laws and with respect for privacy.

 

12.2.     The use of the Service includes the processing of personal data for various purposes. ApParkingSpot is the data controller for all processing of personal data that ApParkingSpot, or supplier/partner on behalf of ApParkingSpot, performs within the framework of the Service.

 

12.3.     "Personal data" means any kind of information that can be directly or indirectly attributed to a person, such as his name and address. Encrypted data and different types of electronic identities, such as IP numbers, are counted as personal data if they can be linked to natural persons. 

 

12.4.     Consent

 

12.4.1.  We strive to ensure that personal data is processed with the consent of the User concerned. A consent has always been withdrawn. If a consent is revoked, We will not process the personal data further and will not update previously provided information. However, it should be noted that despite the withdrawal of consent, some processing may be necessary to complete the law or concluded contract. 

 

12.5.     Collection of personal data

 

12.5.1.  In the first instance, we receive your personal data directly from you when you create a user account in the App or contact us by email and/or phone. We also retrieve some information from publicly available information services, e.g. we regularly associate your social security number with public records to ensure that your information is up-to-date and accurate. Examples of information that we retrieve from publicly available information services are names and contact details. We can also collect information on creditworthiness from credit rating agencies, banks or information companies. 

 

12.6.     Purpose of collecting personal data

 

12.6.1.  By accepting the Terms, you agree to:

-that the processing of your personal data is in accordance with this personal data policy, and

-that we can send you direct marketing, e.g. by mail, telephone, electronic communications (such as sms or e-mail) or otherwise (You may opt out of any additional offers at any time). 

 

12.6.2.  By accepting the Terms, you further agree that We treat:

-Contact details such as name, e-mail, telephone number, address and social security number,

-Payment details such bank account for payment,

-Geographical position such as coordinates,

-Detailed order history including, but not exclusive, receipts and timing of booking,

-Feedback provided by the User,

-Technical data including, but not limited to, mobile OS version, application usage, IP address and,

-User information about Users for the purposes listed under section 12.6.4 below.

 

12.6.3.  Personal data is collected only for specific purposes. The general purpose is usually to provide the service requested by the Affected User. ApParkingSpot does not process personal data for purposes that are incompatible with the original purpose.

 

12.6.4.  ApParkingSpot may use, compile, process and analyse the information described above in section 12.6.2 above to administer user's account with Us, to promote ApParkingSpot and our potential partners products and services, to analyse Users' use of the Service, to ensure the technical functionality of the Service and to comply with legal or regulatory obligations.

-Contact information is used to create an account with Us and to create a rental ad. We may contact you and/or share your contact information with relevant parties in case of complaints.

-Payment details are used to be able to issue an invoice to the Tenant, to receive payment for a rented parking space or to be able to make a payment to the Lessor in case of a rented parking space.

-Geographical location is used to be able to view parking spaces closest to you or the nearest desired address.

-Order history is used to present the history to the User and to calculate response rates and average response times.

-Feedback, contact information and technical information about the OS version and application usage are collected to improve the Service.

-Technical data is used to ensure the technical functionality of the Service and for analysis purposes with the aim of improving the Service. 

 

12.7.     Transmission of personal data

 

12.7.1.  Personal data may be passed on to partners, for example to provide the service requested by the affected User. In cases where we transfer your data to another company that processes your personal data on our behalf as a data processor, we have agreements in place with strict instructions on the processing of personal data, confidentiality and security.

 

12.7.2.  We share your personal data with:

-The police and/or other authorities in the investigation of criminal offences,

-Paynova for payment solution.

-APCOA, housing associations and other parties whose customers/members offer and provide their parking spaces for rent via ApParkingSpot.

-IT consultants that we use from time to time to manage server environments such as databases and applications and development of our systems.

-Suppliers that We use from time to time to provide cloud computing platform for our systems.

-Suppliers that We use from time to time to provide analytical services.

-Supplier that We use from time to time to handle e-mails such as booking process and welcome letters.

-Supplier that We use from time to time to manage SMS notifications.

-Affected parking companies on bookings and relevant information about the booking including, but not exclusively, the registration number of the vehicle in question and the time of start and termination of the rental period;

 

12.7.3.  Partners who may receive personal data may be located outside the EU/ESS as described above. In the case of a transfer to a country outside the EU/ESS, appropriate safeguards are taken as are required by binding corporate rules, standard contractual clauses decided by the European Commission, approved codes of conduct or certification mechanisms, and legally binding instruments between authorities. In the case of such a transfer to a third country, the relevant data is encrypted, and by agreement, access is given only to certain specific individuals in the receiving organization.

 

12.8.     Storage times

 

12.8.1.  ApParkingSpot saves the data as long as you have a user account with us. Please note that your user account will not be terminated if you simply uninstall our App from your equipment.

 

12.8.2.  We will retain your personal data for the period necessary to pursue the purposes described in this policy, unless required or permitted by law that we retain the data for a longer period of time. Thereafter, we will delete or de-identify your personal data.

 

12.8.3.  ApParkingSpot stores your personal data for the time specified in the list below. The defined storage period begins on the day of deregistration.

-Contact information (first name, middle name, last name, email, full address, mobile phone number and date of birth), Max 10 years

-Payment information (account number), Max 10 years

-Vehicle data (registration number and other non-personal vehicle information, etc.), Max 10 years

-Rental details (contact details of the Tenant and the Lessor, the vehicle's registration number and information about parking space, etc.), Max 10 years

-Communication/Review information (communication with other registered users, uploaded reviews and experiences, usernames, car details, profile picture and reviews), Max 2 years

-Information on rental/rental behaviour (reviews, experiences, rental and rental tasks and occurrence, etc.), Max 2 years

-Marketing information (personal data collected through tracking cookies), Max 2 years

-Booking details (contact details and payment details), Max 10 years

-Fraud detection information (account activities, payment settings, account settings, payment details and history, contract length, services received, contact history, website visits, registration behavior, and fraud detection results), Max 7 years 

 

12.9.     Security

 

12.9.1.  ApParkingSpot takes technical and organizational measures to protect the personal data processed, so that the data is not lost, destroyed, manipulated or made available to unauthorized persons. The measures aim to achieve a level of safety that is sufficiently high in view of the technical possibilities available. 

 

12.10.   Right to receive information and rectification

 

12.10.1. You have the right, in accordance with applicable personal data legislation, to request a so-called register extract with information about what personal data about you we process. You are entitled to this information free of charge and without giving reasons. You have to obtain information about what personal data is processed, from which it has been collected, for what purpose the processing is carried out and to whom the data is disclosed. Requests for information relating to the processing of personal data are made to support@apparkingspot.com.

 

12.10.2. You have the right to request rectification, blocking or deletion of your own personal data that is incorrect or that is processed in violation of applicable law. We are then obliged to take such measures. If We are required by law to store your data, the data can only be blocked. 

 

13.         Third-party applications

 

13.1.     Some parts of the App may be integrated with third-party applications, websites, and services for the purpose of making login, content and/or services available (e.g. Facebook and Google). These third-party applications may have their own terms of use and privacy policies and your use of these third-party applications is governed by and subject to such terms and privacy policies. You agree that ApParkingSpot does not stand by and is not responsible for the features or content of any third-party application or for any transaction that you may be included with the provider of such third-party applications. 

 

 

14.         Termination of profile

 

14.1.     You have the right to stop using the service at any time and cancel/delete your profile. However, if you have a confirmed booking for an upcoming rental, you must, before you can delete your profile, cancel the booking in accordance with section 8 above.

 

14.2.     You agree that ApParkingSpot has the right to block your use of the Service, to exclude you and/or delete your profile, without any liability to you, in the event that ApParkingSpot considers that there are grounds to do so, for example, but not limited to, if you act in violation of any provision set out in the Terms.

 

14.3.     In the event that when your profile has expired, you are still entitled to receive a payment and/or still hold a balance at the time your profile is terminated, ApParkingSpot will ensure that such amounts are paid to you.

 

 

15.         Changes

 

15.1.     ApParkingSpot reserves the right to update, add and revise the Terms. The very latest version of the Terms can be found on the App. Update will be notified the first time you use the App after the change has been made. If you continue to use the App after the Terms have changed or additions have been made, you agree to the change or addition to the Terms. If you do not agree to the change or addition to the Terms, you will no longer be able to use the App and have no choice but to delete your user account. 

 

 

16.         Intellectual property rights

 

16.1.     Unless otherwise stated in these Terms or in the App, ApParkingSpot, or ApParkingSpot's licensor, owns all intellectual property and other rights, including copyright and trademark and know-how rights, to the Service and the App. Users may not, without ApParkingSpot's written consent, distribute, license, modify, copy or otherwise use the content of the App to a greater extent than is required to use the Service, unless otherwise required by mandatory law. 

 

 

17.         Other provisions

 

17.1.     In the event that any provision laid down in the Terms proves to be void or invalidated or is or becomes invalid in whole or in part for any reason, the other provisions laid down in the Terms will remain in the full force of law. ApParkingSpot will replace the invalid provision with a provision that is valid and whose legal consequences, taking into account the content and purpose of the Terms, are as close as possible to the provision deemed invalid.

 

17.2.     ApParkingSpot has the right to assign to third parties or pledge all types of claims, powers, rights and obligations, as well as actions relating to the Terms. ApParkingsSpot also has the right to use subcontractors for the performance of what is stated in these terms and conditions. You hereby declare that You will cooperate in such transfer or pledging and that in the event of such transfer, third parties will have the right to exercise all rights against you.