General
The protection of your personal data, which we collect, process and use during, while and after parking in the car parks and parking garages (hereinafter referred to as “car parks”) managed by us, is an important concern for us and is carried out within the framework of the legal regulations, about which you can find information e.g. at www.bfdi.bund.de.
Data collected and processed
To obtain a permit for parking in our car parks, the following data must be entered either on one of our tablet consoles or via our web application after scanning a corresponding QR code or entering a website address that are displayed at one of our partners’ premises:
License plate of your vehicle
First and Last name,
Telephone number.
During and while parking in the car parks, we collect the following personal data:
License plate number of your vehicle by a License Plate Recognition (LPR) camera,
entry and exit time of the license plate number.
If you have purchased an electronic parking ticket or non-electronic parking ticket via the service provider PayByPhone Deutschland GmbH, Allee am Röthelheimpark 15, 91052 Erlangen (hereinafter referred to as “PayByPhone”), dpo-germany@paybyphone.com, or via our payment terminals that are operated by Flowbird S.A.S., 100 Avenue de Suffren, 75015 Paris, France (hereinafter referred to as “Flowbird”), contact@flowbird.group, in order to use our paid car parks, we will receive the following information from PayByPhone Deutschland GmbH and Flowbird S.A.S.:
Your license plate number,
the car park you have chosen,
the parking time you have chosen,
the amount you have paid.
Further information on the processing of your data by PayByPhone can be found here https: https://www.paybyphone.com/legal-pages/privacy-policy. Further information on the processing of your data by Flowbird can be found here https://www.flowbird.group/smartcity/de/datenschutzerklarung/.
Our debt collection service providers Taxaris GmbH & Co. KG (hereinafter referred to a “Taxaris”), Burgstraße 10, 82418 Riegsee, and Demondo GmbH & Co. KG ibidem (hereinafter referred to as “Demondo”) collect the name and address of the vehicle owner from the relevant registration authorities if no permit has been obtained, if no electronic parking ticket has been purchased and/or if the free/ paid for parking period has been exceeded. Further information on the processing of your data by Taxaris and Demondo can be found here: https://www.taxaris.de/datenschutz and https://www.demondo.com/de/datenschutz/.
Payment service provider for chargeable electronic parking tickets
The booking of electronic parking tickets in our paid car parks is made via the PayByPhone app of PayByPhone or through our payment terminals that are operated by Flowbird. The app and the payment terminals can be used to enter the license plate number, selected car park, parking duration, data on your means of payment and other data.
Purposes of data collection and processing and their legal basis
Data is entered via our web application for the purpose of checking whether the free parking time has been exceeded and whether an electronic parking ticket has been purchased. This is necessary in order to be able to enforce the agreed and, if applicable, incurred penalty fee.
The license plate number is recorded by means of an LPR camera in order to be able to determine the owner of the parked vehicle. In addition, the entry and exit time of the license plate is recorded in order to check,
whether an electronic parking ticket has been purchased and/or
whether and how long the free or paid for parking time has been exceeded.
The collection of this data serves to check whether the conditions of the contractually agreed penalty charges are met.
Data is collected from the service providers PayByPhone and Flowbird for the purpose of determining whether a parking ticket was purchased for paid car parks and whether the parking time in the selected car park was exceeded. For the same reason the collected data is transferred to Unity Five Limited. This is necessary in order to be able to enforce the agreed and, if applicable, incurred penalty fee.
The collection of data from the competent registration authorities serves to determine the name and address of the vehicle owner for the enforcement of the agreed penalty fees.
The legal basis for the collection of the data is Art. 6 para. 1 cl. 1 lit. b GDPR as well as our legitimate interest according to Art. 6 para. 1 cl. 1 lit. f GDPR in the preservation of evidence and enforcement of our civil claims.
Disclosure of your data; purpose of disclosure and its legal basis
Subject to the following paragraphs, the data will not be passed on to third parties. The data is stored on our servers, which are located in the EU.
For the efficient storage and processing of the data we collect via LPR camera and for the control of parking times, we use the cloud-based software ZatPark from the provider Unity Five Limited, Woodmanton Farm, Castleview Barn, Exeter EX5 1HQ, United Kingdom (hereinafter referred to as “Unity Five Limited”). Insofar as your data is processed in the United Kingdom, this is done on the basis of an adequacy decision (https://ec.europa.eu/commission/presscorner/detail/de/ip_21_3183) in accordance with Art. 45 para. 1 cl. 1 GDPR. Further information on the processing of your data by Unity Five Limited can be found here https://zatpark.com/privacy-policy/.
PayByPhone and Flowbird also forward
your license plate number,
the car park you have chosen,
the parking time you have chosen,
the amount you have paid.
to Unity Five Limited for tracking parking tickets and payments on our behalf through the cloud based software ZatPark.
In the following cases, your license plate number and the amount of penalty will be transmitted to Taxaris and Demondo:
no permit has been obtained or
no electronic parking ticket has been purchased and/or
the free/ paid for parking period has been exceeded.
Taxaris and Demondo will forward your license plate number to the relevant registration authority to investigate the holder of the relevant license plate in accordance with the German Road Traffic Act (StVG) and invoice the claimed penalty fee. In the event that you refuse to pay the claimed penalty fee and/or do not pay the penalty fee within the specified period after being sent the invoice for the penalty fee, the data will be processed by Taxaris and/or Demondo for enforcing our claims or be passed on to other debt collection agencies and/or lawyers for the enforcement of our claims.
In the above cases, the data will be passed on for the enforcement of the contractually agreed penalty fees, other civil law claims and for the preservation of evidence. The legal basis for passing on the data is Art. 6 para. 1 cl. 1 lit. b GDPR and our legitimate interest pursuant to Art. 6 para. 1 cl. 1 lit. f GDPR.
Obligation and duty to provide the data
In order to execute or terminate the contract for the use of the car parks, you must provide us with the aforementioned data. If you do not provide us with the data, you will not be able to use the car parks.
Duration of data processing
Subject to the following paragraphs, the data will be deleted after the completion of the verification of whether the correct parking fee has been paid, an electronic parking ticket has been purchased and/or the free parking period has been exceeded, but no later than after 10 days.
In the event that the correct parking fee has not been paid, an electronic parking ticket has not been purchased and/or the free parking period has been exceeded, the data will be deleted within 10 days of unconditional payment of the fine to our account, at the latest 3 years after the end of the year in which our claim for payment of the fine arose, if no legal dispute concerning the fine is pending at that time.
Notwithstanding the foregoing paragraphs, data collected by us shall remain stored for a longer period of time if we are legally obliged to do so.
Rights of data subjects
On request, we will be pleased to inform you whether and which personal data relating to your person are stored (Art. 15 GDPR), in particular about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, deletion, restriction of processing or opposition, the existence of a right of appeal, the origin of your data if they have not been collected by us, and the existence of automated decision making including profiling.
You also have the right to have any incorrectly collected personal data corrected or incompletely collected data completed (Art. 16 GDPR).
Furthermore, you have the right to demand that we restrict the processing of your data, provided that the legal requirements for this are met (Art. 18 GDPR).
You have the right to receive the personal data concerning you in a structured, common and machine-readable format or to request that it be transferred to another responsible party (Art. 20 GDPR).
In addition, you have the so-called “right to be forgotten”, i.e. you can demand that we delete your personal data, provided that the legal requirements are met (Art. 17 GDPR).
Irrespective of this, your personal data will be automatically deleted by us if the purpose for which the data was collected ceases to apply or if the data processing is unlawful.
According to Art. 7 para. 3 GDPR, you have the right to revoke your consent to us at any time. As a result, we may no longer continue the data processing based on this consent in the future.
You also have the right to object to the processing of your personal data at any time, provided that a right of objection is provided for by law. In the event of an effective objection, your personal data will also be automatically deleted by us (Art. 21 GDPR).
If you wish to exercise your right of objection, simply send an e-mail to: notices@carparksolutions.de.
In the event of infringements of the data protection regulations, you have the opportunity to lodge a complaint with the responsible supervisory authority in accordance with Art. 77 GDPR. The competent supervisory authority is both the State Commissioner for Data Protection of Bavaria (https://www.datenschutz-bayern.de/) and any other supervisory authority.
Data Security
We make every effort to take all necessary technical and organizational security measures to store your personal data in such a way that they are not accessible to third parties or the public. Should you wish to contact us by e-mail, we would like to point out that the confidentiality of the information transmitted cannot be completely guaranteed with this method of communication. We therefore recommend sending us confidential information exclusively by post.
Topicality and amendment of this data protection declaration
This data protection declaration is currently valid and is dated 04/2023.
It may become necessary to amend this data protection declaration as a result of the further development of our website and offers above or due to changes in legal or official requirements.
Name and contact details of the data controller and the data protection officer
This privacy information applies to data processing by:
Car Park Solutions CPS GmbH
Leopoldstraße 23
80802 München
The processing of personal data in connection with the purchase of chargeable parking tickets via the PayByPhone app is carried out within the framework of joint responsibility within the meaning of Art. 26 para. 1 cl. 1 GDPR with
PayByPhone Deutschland GmbH,
Allee am Röthelheimpark 15,
91052 Erlangen,
and
Flowbird S.A.S.,
100 Avenue de Suffren,
75015 Paris,
France
The processing of personal data in connection with invoicing the penalty fees is carried out within the framework of joint responsibility within the meaning of Art. 26 para. 1 cl. 1 GDPR with
Taxaris GmbH & Co. KG
Burgstraße 10,
82418 Riegsee
and
Demondo GmbH & Co. KG
ibidem