General Terms and Conditions
Acceptance: By using the Site and any provided parking information, materials and documents (“Materials”) made available on the Site you are agreeing to be bound by the following Terms including any notices contained or referenced within. If you do not wish to be bound by these Terms please do not use the Site or Materials. We reserve the right, in our sole discretion, to periodically modify or supplement these Terms. Therefore, please check periodically for modifications. All amended Terms become effective as to you upon being posted and your continued use of the Site. If you do not agree to any changes you must cease use of the Site. Additionally, by using the Site you represent that you are of sufficient legal age to enter into this Agreement and create a binding legal obligation for any liability you may incur as a result of your use of the Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.
Ownership and Reservation of Rights: The ParkWhiz name, logo, all related product and service names, design marks, and slogans are the trademarks or registered trademarks of ParkWhiz, Inc. All other product and service marks contained herein are the trademarks of their respective owners. Without the express written consent of us, you are not permitted to use the ParkWhiz name. logo, or mark in any advertising, publicity or in any other commercial manner or use the ParkWhiz domain name or any domain name that is confusingly similar to our domain name. You may not use any third party’s trademark or logos without the prior written consent of the applicable trademark owner.
The Site contains various information in the form of data, text, graphics, and other materials from ParkWhiz and third parties (the “Site Content”). You acknowledge that the Site and the various elements contained therein, including but not limited to images, text, graphics, and references are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site Content shall remain the property of ParkWhiz or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in or assert any rights to the Site Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or part.
As between ParkWhiz and you; ParkWhiz retains all rights, titles, and interest in and to all intellectual property rights embodied in or associated with the Site, including without limitation, the API, Database, Site Content, trademarks, and any and all Services and any content created or derived therefrom (collectively “ParkWhiz Intellectual Property”). There are no implied licenses under this Agreement, and any rights not expressly granted to you are reserved by ParkWhiz or its suppliers. You shall not take any action inconsistent with ParkWhiz’s ownership of ParkWhiz Intellectual Property. Neither party shall exceed the scope of the licenses granted and all license rights granted are non-sublicensable, non-transferable and non-assignable.
Without limiting our rights or remedies of this Agreement or at law and in equity, we may investigate complaints related to your use of the Services, the Site and alleged violations of this Agreement and we may take any action we deem necessary and appropriate in connection with such alleged violations, including but not limited to reporting any suspected activity to the appropriate law enforcement authority or appropriate persons or entities. Our failure to enforce our rights or remedies available to us with respect to your breach or violation of this Agreement shall not constitute a waiver of such breach or of any prior, concurrent, or subsequent breach of the same or any other provision of this Agreement. Please be aware that even if you do not give us your real name, your web browser transmits a unique internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
ParkWhiz Services: The services provided by ParkWhiz are limited to informing our customers of the location and apparent availability of parking and providing customers the ability to pre-book parking (the “Services”). Despite the convenience of the Services, the decision to utilize the Services is solely yours and you assume the responsibility and any assumption of risk associated with the Services. The allocation of parking spaces within a lot is solely under the control of the lot attendant or uncontrolled if not attended. We, therefore, cannot be responsible for any consequences arising from the lack of suitable parking. In all cases, the parking arrangement will be governed by the agreement with the operator of the parking facility as posted at their location or provided to you by them.
For clarification, ParkWhiz does not:
- Endorse the use of cell phones or other distracting devices while driving;
- Provide a parking service, operate a parking lot, or otherwise accept custody of motor vehicles; that service is provided by others and they are in no way our agents or acting on our behalf;
- Accept any responsibility whatsoever regarding the safety of persons or property in the locations selected by you;
- Guarantee the availability of a specific parking spot in the location you selected;
- Assume any responsibility whatsoever for the consequences of not being able to park or delays associated with parking;
- Warrant that the internet, our website or any email from us is free of 'viruses' or other potentially harmful effects.
These Services are intended for PERSONAL, NON-COMMERCIAL USE (except by Sellers and Developers in accordance with the applicable terms and conditions set forth below). You may not copy, reproduce alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material without the prior written consent of us. You may not use robots or other automated means to access the Site unless specifically permitted by ParkWhiz.
We may modify or cease providing all or part of the Services at any time, including adding or deleting content or features or disabling certain aspects of the Services. Any modification or elimination of all or part of the Services will be done in our discretion and without an ongoing obligation or liability to you. Your personal access to all or part of the Site and Services may be terminated or suspended at any time, with or without notice and for any reason. Upon termination or suspension, your right to access the Site and use the Services shall immediately cease. If your access to the Services is suspended or terminated by us, you agree that you will not attempt to access the Services by any alias, fraudulent identity, or otherwise without our express approval.
Permission is granted to electronically copy and print in hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without ParkWhiz's prior written consent, is prohibited.
User Accounts: In order to fully participate in all Site activities, you must register for an account on the Site (a "User Account") by providing an email address and a password for your User Account. You agree that you will never divulge or share access information to your User Account with any third party for any reason. You also agree that you will create, use, and access only one User Account and that you will not access the Site using multiple User Accounts. The creation of multiple accounts is a violation of this Agreement.
Pricing: All parking prices on ParkWhiz.com are set directly by the parking garage owner or operator, not ParkWhiz. Parking garage owners or operators may charge an additional fee for oversized vehicles, it is within the owner or operator’s sole discretion to determine what qualifies as an oversized vehicle. Prices for parking can vary based on several factors including but not limited to; location (city), distance, time of reservation, date of reservation, and event schedules. ParkWhiz, in its sole discretion, may add a convenience or administration fee to the posted parking rates. By purchasing parking through the ParkWhiz Sites you agree to pay the amount shown at the time you make the reservation.
User Comments, Feedback, and Other Submissions: All comments, feedback, suggestions, and ideas (collectively, "Comments") disclosed, submitted or offered to ParkWhiz, in connection with your use of this Site shall be and remain the exclusive property of ParkWhiz, Inc. and may be used by ParkWhiz in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on the Site or on radio, television, and print advertisements. Your first name, the first initial of your last name, and the town and state you live in may be used with any Comments you submit. ParkWhiz is under no obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Other Websites and Services: To the extent the Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their content or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their websites or any products or services offered on those websites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. ParkWhiz does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of these outside services and resources.
Uptime and Disclaimer: ParkWhiz makes no guarantees with respect to the availability or uptime of the ParkWhiz Site, the API, the Site Content, or the Database. ParkWhiz may conduct maintenance on any of the foregoing at any time with or without notice to you.
The Site, the Site Content, the API, the Database, and any other materials and products on this Site are provided "AS IS" and without warranties of any kind, whether express or implied. We assume no responsibility for the accuracy of any information contained on our Site, for any interruptions or errors in accessing our Site, or for any viruses or other harmful components contained on our Site or the server from which our Site is made available. We make no warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, OR A COURSE OF DEALING OR TRADE USAGE.
Liability Limit: UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SITE, THE PRODUCTS OR SERVICES OFFERED ON OUR SITE, RESULTING FROM ACCESS TO OR OTHER USE OF OUR SITE, OR RELIANCE ON ANY INFORMATION PRESENTED ON OUR SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ParkWhiz's liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all parking booked via ParkWhiz in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.
In accordance with applicable state law, certain warranties or limitations of liability may not be excluded and therefore may not apply to you specifically. In such case, our liability will be limited to the highest extent permitted by law.
Copyright Complaints: If you believe the Site contains any content that infringes on your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
To contact our Legal Department, please write, call or email to: ParkWhiz, Inc. Attn: Legal Department 208 S. Jefferson St., Suite 403 Chicago, IL 60661 312-650-5700 email@example.com
Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A., without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Unless you and ParkWhiz agree otherwise, any arbitration hearing between ParkWhiz and a Buyer will take place in the county of your billing address, and any arbitration hearing with a Seller or Developer will take place in the county in which you have your principal place of business. If AAA arbitration is unavailable in your county, the arbitration hearing will take place in the nearest available location for AAA arbitration. If your claim is for ten thousand dollars ($10,000) or less, the arbitration will be conducted solely on the basis of documents submitted by all parties to the arbitrator, unless determined a hearing is necessary. If your claim exceeds ten thousand dollars ($10,000), your right to a hearing will be determined by the AAA Rules. The parties agree that the arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, and formation of this clause. The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction. The arbitrator’s decision shall be final and binding on all parties. The arbitrator may award any individualized remedies that would be available at court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The arbitrator’s decision and judgment shall have no precedential or collateral estoppel effect. This Arbitration Clause shall not apply to the following types of claims: 1) violation of ParkWhiz’s intellectual property rights; 2) violation of the Non-Solicit Clause of this Agreement; 3) violation of the Coupon Use Clause of this Agreement; and 4) claims that may not be subject to arbitration as a matter of law.
Miscellaneous: The above policies may be superseded by requirements or obligations imposed by statute, regulation, or legal process. If you have any questions or concerns regarding our usage agreement, please email us at firstname.lastname@example.org.
Additional Terms and Conditions Specific to Users
Booked Parking Usage: Users who book parking through the Site must present the parking pass in accordance with the instructions included with the booking to receive their reserved parking space on the day of reservation. You are solely responsible for ensuring that all information regarding your booking is correct including, if required, your license plate number, car make and model, and reservation time. ParkWhiz will not be liable to you if you enter any information incorrectly and you receive a ticket, a boot is placed on your vehicle, or your car is towed from the lot/garage as a result. If you do not present the parking pass to the Seller or the garage, you will not get credit for the online payment and the online payment will not be refunded at a later date. If you arrive early or stay past your parking time you will be charged the posted rates at the garage, and not the booked rate and you may not receive credit for your online payment, that is within the discretion of the garage. The parking booked is valid only for the times listed on the parking pass. You are responsible for ensuring that you arrive at the correct booked parking location. ParkWhiz is not liable for road closures or changing traffic conditions.
It is your responsibility to comply with any and all rules or regulations posted by garage operators. If a parking facility allows tailgating on its premises, it is your responsibility to comply and check any local city ordinance codes on what is permissible (e.g., no open flames, no cooking, etc.).
Resale of ParkWhiz parking passes is not permitted. Note: If your account has been flagged as a Reseller Account and you have been notified of this action by ParkWhiz the following terms apply: All bookings for parking reservations made after your account has been flagged will be non-refundable to the original form of payment and any general cancellation refunds will be issued as a credit to your ParkWhiz account only; You will not be able to book daily or transient reservations of any kind; You will be refunded to your original form of payment in the event of special circumstances such as but not limited to event cancellation, rescheduling, parking garage/operator requests, etc. ParkWhiz reserves the right to suspend or terminate your account and any other alias accounts if it is determined that you continue to resell passes after the warnings of your prohibited action.
Drive Up Mobile Payments: Drive Up Mobile Payments is an in-app feature that will allow you to pay for off-street parking at a gated parking garage by simply using your smart mobile device and the ParkWhiz App. In order to use this feature, you must have an account with us. This feature is used when you do not reserve parking at a specific location before arriving at the parking garage and you pull a ticket at the entrance; therefore only use this feature if you have not pre-booked parking using the ParkWhiz App.
How it works:
- At participating parking locations, drive up to the entrance gate and push the button to pull a ticket;
- Park your car in any open parking spot not marked reserved;
- Open the ParkWhiz App and select Scan My Ticket;
- Scan the ticket you pulled when you entered the garage by taking a picture in the App;
- Select your form of payment and confirm purchase;
- Go about your day or enjoy your event;
- Return to your car when you are ready;
- Insert your ticket at the exit gate of the garage; and
- Receive confirmation and receipt of payment.
Drive Up Mobile Payments allows you to estimate your total for parking after you scan your ticket. All estimates are simply that, an estimate and are not guaranteed to the be the final cost of your parking transaction and are based on your estimated time of exit. The final cost of parking is charged to your selected method of payment upon your exit of the garage and is calculated based upon your entrance and exit times and the rates charged by the parking garage. By using this feature, you agree to your selected method of payment being charged upon your exit from the garage. All parking prices are set directly by the parking garage owner or operator, not ParkWhiz; therefore Drive Up Mobile Payments rates may differ from the drive-up rates posted at a location, if applicable.
If you pre-book parking before arriving at a garage and then pull a ticket upon arrival and scan your ticket into the app you may be charged twice for your parking transaction and you may not qualify for a refund if you do not cancel your pre-booked reservation before the start time. Drive Up Mobile Payments transactions cannot be canceled by you or ParkWhiz, once you scan your ticket into the ParkWhiz App the only way to complete a Drive Up Mobile Payments transaction is to successfully exit the garage and pay for the time your vehicle was parked.
Coupon Use: You are required to abide by all terms and conditions associated with ParkWhiz coupons and discounts. Accordingly, you may not post codes or distribute them in any other manner as all such codes are non-transferable and are generally intended only for one-time use. ParkWhiz, in its sole discretion, may suspend your account for violation of this term. Furthermore, any continued violations may result in the immediate termination of any and all of your accounts, without notice. ParkWhiz reserves the right to seek any and all legal remedies available to us, both at law and in equity; including, but not limited to, monetary damages or injunctive relief.
If you have a coupon that automatically applies to any booking on your account, it can only be used when you are signed in to that account and will not be applied to any bookings made under a guest account. Additionally, any credits you may receive, for any reason, can only be used when you are logged into your account and will not be transferred to another user’s account or booking made from a different account.
Cancellations and Refunds: Any reservation is fully refundable up to the start of that reservation unless specifically noted otherwise. You can cancel your reservation at any time up to the start of your reservation. After the start time of your reservation, all bookings become non-refundable, even if you are unable to park or have yet to park. It is within our sole discretion, provided the circumstances, to offer you an account credit if you attempt to cancel a reservation after the start time. If you are unable to park due to the lack of parking spaces for false information provided by a garage, it will be the responsibility of the garage operator to refund you for your reservation.
Unfortunately, the circumstances surrounding postponed events are unpredictable. Although we will try to help you resolve your parking situation, we are not responsible for postponed events, partial performances, or venue, date, or time changes. No refunds will be issued.
Bulk Reservation Purchase Requests: By completing and submitting the Bulk Purchases Request you acknowledge and agree to be bound to these additional terms and conditions:
- ParkWhiz will be selecting and purchasing parking reservations on your behalf;
- You agree to allow ParkWhiz to charge your credit card that is on file on the date of the reservation;
- ParkWhiz will use its best efforts to accommodate your exact request as submitted; however, there is no guarantee that ParkWhiz will be able to fulfill your request as made;
- When fulfilling a Bulk Reservation Request, ParkWhiz will default to select a parking facility that is closest to your requested destination;
- ParkWhiz will use its best efforts to minimize all costs associated with the reservation and charged to your credit card;
- You understand that requests may be fulfilled at multiple parking facilities based on varying factors including but not limited to: a. The number of parking spaces you need to be reserved; b. The destination; c. The size of the parking facilities; and d. The availability of parking space;
- You also understand that all parking spaces may not be next to each other within any given facility and that only spaces are being reserved not a location within the facility;
- ParkWhiz will contact you should any issues arise in fulfilling your request; and
- Once a request is fulfilled it is your sole responsibility to contact ParkWhiz should any changes or cancellations need to be made.
Additional Terms and Conditions Specific to Sellers
Order of Precedence: In the event that a Seller has entered into a separate written Seller Agreement with ParkWhiz and such Seller Agreement includes terms or conditions that conflict with the terms and conditions in this Part III, the terms and conditions of the Seller Agreement shall govern.
Non-Solicit: Each party shall not, and shall cause its affiliates not to, during the term of the Agreement and for two (2) years after the termination of the Agreement, directly or indirectly, on your own behalf or on the behalf of a third party, solicit or employ any employee of the other party or its affiliates without written consent of the other party; provided that, neither party shall be precluded from hiring any person who responds to a general solicitation or advertisement not targeted specifically at employees of the other party or its affiliates.
You agree that violation of this section will result in irreparable harm to ParkWhiz and that monetary damages will be inadequate to compensate ParkWhiz for such violation. Thus, ParkWhiz shall be entitled to seek equitable relief, including but not limited to specific performance or injunctive relief to enforce this section. ParkWhiz reserves the right to seek any and all other remedies available at law or in equity for a violation of this section.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, algorithms, file formats, or interface protocols of the Seller Console or of any files contained in or generated by the Seller Console;
- Copy, modify, adapt, or translate the Seller Console;
- Resell, distribute or sublicense the Seller Console, make the Seller Console available on a "service bureau" basis, or otherwise allow any third party to use or access the Seller Console;
- Remove or modify any proprietary marking or restrictive legends placed on the Seller Console; or
- Use the Seller Console in violation of any applicable law or regulation.
As between ParkWhiz and you, ParkWhiz retains title to and ownership of the Seller Console, including all copyrights and other intellectual property rights relating thereto. You will have no rights with respect to the Seller Console other than those expressly granted under this Agreement.
Fulfillment: By listing parking for booking on ParkWhiz, the Seller agrees to honor any parking sold. All information provided in the ParkWhiz listing must be accurate. If the Seller cannot fulfill the parking space or false information about the parking is provided, ParkWhiz will hold the Seller liable to reimburse the Buyer for their expense. If Seller continues to have issues with fulfillment ParkWhiz reserves the right to suspend or terminate Seller’s account until which time fulfillment is no longer an issue. Note: It is illegal to sell parking that you do not own or have the authority to sell, including but not limited to street parking. Any violations of this law will result in the immediate termination of your ParkWhiz account. ParkWhiz reserves the right to request proof of your ownership of parking or authority to sell parking in a particular location.
Payment: ParkWhiz guarantees payment to the Seller for all bookings fulfilled by the Seller minus the applicable ParkWhiz Fee. ParkWhiz, in its sole discretion, reserves the right to charge an additional processing charge to consumers for certain parking transactions, if applicable this amount will not be included in Seller's Payments. Payment will be issued in the form of a printed check or electronic bank transfer at the Seller's request which will be processed in no more than 10 business days.
Taxes: You accept exclusive responsibility for filing and paying all relevant and applicable local, state, and federal taxes. ParkWhiz shall have no obligation to collect or remit any taxes on your behalf. You shall indemnify ParkWhiz from and against any costs, claims, and other liability incurred as a result of your failure to comply with your obligations under this clause.
Contact Information: The Buyer’s name and contact information are provided to Sellers for the sole purpose of ensuring the parking booking is fulfilled and may not be used by the Seller for any other purpose. This information is to be considered confidential information belonging to ParkWhiz and is not be shared with any third party, for any reason without the prior written consent of ParkWhiz.
Sellers must submit a phone number for each parking location they list on ParkWhiz. Buyers will be provided with this number to call in the event of a problem with their parking. Buyers will be eligible for a refund at the Seller's expense if this number is not answered during the parking reservation period.
Making Adjustments: Sellers authorize us to withhold payment or charge their credit card account any amount owed to ParkWhiz if: A sale is canceled for any reason; An adjustment is made under our ParkWhiz Guarantee; Reasonably believe that a Seller has committed fraud or other illegal acts or omissions during any buying or selling activity, or Seller provides incorrect or misrepresented parking and/ or parking-related services for any booking or portion thereof.
ParkWhiz Fulfillment Dispute Resolution: The ParkWhiz Fulfillment Dispute Resolution strives to provide Buyers the protection and motivation to book their parking at ParkWhiz.com. Thus, we require Sellers to comply with our resolution process in case a Buyer files a claim that they did not receive parking. Sellers permit us to make a final decision, on any claim that a Buyer files with ParkWhiz under the policy. If we resolve a dispute in the Buyer's favor, we will refund the Buyer for the cost of the parking, and we will require the Seller to reimburse us for the refund. Any ParkWhiz fees for the booking will be refunded to the Seller. A warning notice will also be sent to the Seller.
For future claims where the Seller is found at fault after a warning has been issued, we will notify the Seller and continue to charge the Seller for any reimbursements made under the policy. In addition, we reserve the right to charge a $15 fee to cover chargebacks and other associated bank charges. ParkWhiz maintains the right to suspend or terminate a Seller's account if we suspect abuse or continuous account violations.
Grant of License: You grant ParkWhiz a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to ParkWhiz in connection with your use of ParkWhiz and its Services. You agree that ParkWhiz shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a ParkWhiz user) in conjunction with ParkWhiz's marketing, promotion and publicity efforts in any media known now or in the future.
Indemnity: You agree to indemnify and hold ParkWhiz and (if applicable) any parents, subsidiaries, affiliates, officers, directors, attorneys, agents, and employees; harmless against any claim or demand for all liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) incurred by ParkWhiz and (if applicable) any parents, subsidiaries, affiliates, officers, directors, attorneys, agents, and employees that arise out of any claim asserted by a third party that involves, relates to, or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, your violation of any law, or the rights of a third party.
Financial Information: Keeping your personal financial information confidential is very important to us and we will never rent, sell, or disclose your personal financial information. We will not make any financial information available to any third party without your permission or notice to you. Please note that there are places on the Site where you may have to provide credit card information in order to complete a purchase. Any time we ask for a credit card number we transmit that card number in an industry-standard SSL (secure socket layer) encryption.
Use of Personal Information: As a general rule, ParkWhiz will not disclose any of your personally identifiable information; except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. When you are on the Site and are asked for personal information, you are sharing that information with ParkWhiz alone unless it is stated otherwise. The following describes some of the ways that your information may be disclosed. Any information collected will be used in accordance with this Policy and any additional information when the Site requests your information. We may use the collected information to contact you about the Services and provide you offers. When you are on the Site and are asked for personal information, you are sharing that information for use by ParkWhiz.com alone, unless it is specifically stated otherwise. Some ParkWhiz.com services may be offered in conjunction with a partner company. In order to provide this service to you, it may be necessary for us to share your personal information with our partner company. Therefore, we will disclose your personal information to such third parties who require it to provide the parking services you have requested or reserved. Any information provided to a third party will be limited to the required information only, including but not limited to your first name, parking reservation information, and vehicle license plate. We will not share any financial information with those third parties. In this event, you will be notified before your personal information is shared and you can choose not to allow the sharing of the information. All third parties are bound by a Non-Disclosure Agreement in regard to your personal information before we share any information with them. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service. ParkWhiz reserves the right to disclose your personal information to law enforcement officials with a subpoena, in connections to a violation of any law. The following are some ways that ParkWhiz may use your data: Business Partners & Sponsors: We may disclose your personal information to business partners or sponsors, but this is specifically described to you prior to data collection or prior to transferring the data. If personally identifying data about you will be shared, we will tell you before we collect or transfer the data. Third Party Data & Data in the Aggregate: Under confidentiality agreements, we may match user information with third-party data. Also, we may disclose aggregated user statistics in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes; this information will never be personally identifiable to a specific user. Tell a Friend: If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at email@example.com to request that we remove this information from our database. Please be aware that ParkWhiz advertisers or websites that have links on our site may collect personally identifiable information about you. The information practices of those websites linked to ParkWhiz.com are not covered by this privacy statement. Do not provide your personal information to any site you do not know or trust.
- Store your personalized settings for items such as reservation and mobile preferences;
- Determine whether you are using a public computer so that any ParkWhiz settings changed while using a public computer do not affect the next user's ability to use ParkWhiz;
- Measure certain traffic patterns; track the areas of ParkWhiz’s network of websites you have visited, track the website through which you came to ParkWhiz.com and your visiting patterns in the aggregate. We use this research to understand how our users' habits are similar or different from one another so that we can make each new experience on ParkWhiz.com a better one; We may use this information to better personalize the content, banners, and promotions that you and other users will see on our sites; and ParkWhiz.com also collects IP addresses for system administration and to report aggregate information to our advertisers. In addition to the above methods, when you use our services on the mobile app, we may use GPS technology or other similar technology to determine your current location in order to provide an enhanced service to you. We will not share your current location with any third parties.
Additional Information We May Request or Send: You may be invited via email to provide feedback on your parking experience by completing a web-based Parking Feedback Form ("Feedback Form"). This parking feedback may be used to enhance the information on the Site and/or to let parking facilities know how they are doing. Any feedback you provide will be summarized with that of other drivers. Your feedback will not be publicized in a way that is attributable to you by name, email address, or other identifiable forms. You may elect not to receive future feedback invitation emails by following the "unsubscribe" instructions at the bottom of the Feedback Form. If you provide comments about the parking facility, these may be anonymously shared with that facility. Any ratings you choose to provide based on your parking experience will be aggregated with those of other customers so that they are not identifiable to you. Parking facilities may receive summary reports of collective feedback from recent parking customers. If you express interest in receiving offers or information from ParkWhiz.com and our partners, we may occasionally send you e-mails or direct mail about products and services that we feel may be of interest to you. Only ParkWhiz.com (or agents working on behalf of ParkWhiz.com and bound by confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers.
Data Security: Unfortunately, no data transmission over the internet is guaranteed to be 100% secure. As a result, while we strive to protect your personal information. However, ParkWhiz.com cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we will use our best effort to ensure its security on our systems.ParkWhiz.com does not sell or rent user information to anyone. We will notify you at the time of data collection or transfer if your data will be shared with a third party and you will always have the option of not permitting the transfer. If you do not wish to allow your data to be shared, you can choose not to use a particular service.
California Residents: The California Consumer Privacy Act (California Civil Code Section 1798.83 “CCPA”) provides additional privacy rights to California residents as stated below.
Informative Request. You have the right to know and see what data we have collected about you over the previous twelve months, including:
- The personal information we have collected about you;
- The categories of sources from which the personal information is collected;
- How any personal information collected is used by us; and
- The categories of third parties with who we have shared your personal information.
When requested we will share all information collected in the previous twelve months from the date of request. We do not sell any of the personal information we have collected to you to any third party.
Request to Delete. You have the right to request that we delete the personal information we have collected. Under the law, there are a number of exceptions, that include, but are not limited to when the information is necessary for us or a third party to do any of the following:
- Complete your transaction;
- Provide you a service we offer;
- Fix our system in the case of a bug;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Protect your security and prosecute those responsible for breaching it;
- Comply with a legal obligation;
- Engage in scientific, historical, or statistical research in the public interests that adhere to all other applicable ethics and privacy laws; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. Additionally, you may appoint an agent to make any above request on your behalf, we may require evidence of such appointment to comply with any requests made by agents. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising your rights. To request access to or deletion of your personal information, or to exercise any other data rights under California law, please visit arrive.com/legal/compliance/ccpa to submit any requests for the personal information collected.
Responding to Request. It is our goal to respond to your request for the collected information or the deletion of the information we have collected within 45 days of receiving that request. If we require more time or unable to comply with your request, we will inform you of the reason and inform you of the extension period for completion in writing.
New York Residents: The Stop Hacks and Improve Electronic Data Security (N.Y. Gen Bus. Law§ 899-bb, “SHIELD” Act) provides additional privacy rights to New York residents as stated below.
Private Information. SHIELD expands the definition of this term to include account numbers, biometric information, credit/debit card numbers, access codes, usernames, email addresses, passwords, and security questions and answers.
Breach. A breach is now considered more broadly and it refers to the unauthorized access of data that compromises the security of private information.
Scope. The SHIELD Act expands the scope to any person or business that handles private information of a New York resident.
Security Requirements. The Act requires companies to adopt reasonable safeguards to protect the integrity of private information.
Arrive complies with or exceeds the requirements of the SHIELD Act in the following ways:
- The administrative safeguards in respect of the SHIELD Act used by Arrive include conducting periodic risk assessments, training employees in security program best practices and procedures, designation of a key engineering leader to maintain accountability for the security program, to carefully select subcontractors and flowdown safeguards by contract to them, and adjust our security protocols as the demands of the business evolve.
- The physical safeguards employed by Arrive in respect of the SHIELD Act include routine assessment of information storage and disposal risk, maintaining our current systems to prevent, detect, and respond to any unauthorized intrusion, disposal, or its functional equivalent, of private information within a reasonable amount of time if requested by the consumer.
- Lastly, for technical safeguards, Arrive will continually identify risks in its network to the extend commercially reasonable and possible, identify risks in information processing, transmission, and storage, detect and respond to system failures or attacks, and consistently monitor and test the effectiveness of its system procedures.
General Privacy Law Compliance: Arrive conducts business currently in all 50 US states and Canada. Every single state within the US has its own version of a data privacy law. Similarly, Canada conforms to the Personal Information Protection and Electronic Documents Act (PIPEDA). Arrive strives to conform to all of these laws and regulations to the best of its commercially reasonable ability, reflected in its internal policies and procedures centered around collection, use and disclosure of personal information. In all endeavors, Arrive employs best practices in protecting personal identifiable information for all customers.
You may also write directly to ParkWhiz at:
Arrive Mobility, Inc.
Attn: Legal Department
208 S. Jefferson St., Suite 403
Chicago, IL 60661
Effective as of October 13, 2020.