SCOPE AND CONSENT
YOU MUST BE 18 OR OLDER
The app and Related Services are not intended for users under the age of 18. By downloading and using the SpotPog platform you are acknowledging and representing that you are 18 years old or older.
INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect two main types of information from and about users of the app:
Information provided by you; and
Information automatically collected by us when you use the app or Related Services.
Below is a description of these two types of information.
Information You Provide to Us:
When you download, register with or use this app, we may ask you provide information the following information:
Information that identifies you: This is commonly referred to as “personal information” and includes, for example, your name, postal address, e-mail address, telephone number, your password that you have created and any other information that you provide in registering for or using the app or Related Services.
Information that relates to you, but does not identify you: This information includes, for example, your IP address, the app features that you use and the time of your use, and other information about you collected through your usage of the app or related services.
You may also provide information to be published or displayed on public areas of the app, websites you access through the app and the website. Your user contributions are posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your user contributions. Therefore, we cannot and do not guarantee that your user contributions will not be viewed by unauthorized persons.
Automatic Information Collection:
When you download, access and use the app, it may use technology to automatically collect:
Usage Details. When you access and use the app, we may automatically collect certain details of your access to and use of the app, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the app.
Device Information. We may collect information about your mobile device and internet connection, including, without limitation, the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
Stored Information and Files. The app also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
Location Information. The app collects real-time information about the location of your device. Location information is used solely to aid parking exchange information in connection with the app. The location of a user approaching another users’ parking spot is tracked constantly until the exchange is completed.
If you do not want us to collect this information do not download the app or delete it from your device.
We also may use these technologies to collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking).
INFORMATION COLLECTION AND TRACKING TECHNOLOGIES
The technologies we use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your SmartPhone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your SmartPhone. However, if you select this setting you may be unable to access certain parts of the app.
Web Beacons. Pages of the app and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us to gather specific user information.
Parse. We use Parse as the foundation and platform for cloud storage and services.
THIRD-PARTY INFORMATION COLLECTION
When you use the app or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers; analytics companies; your mobile device manufacturer; and your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the app or Related Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
We use the data and information that we collection from you to:
provide you with the app, its contents and related services, and any other information, products or services that you request from us;
fulfill any purpose for which you provide it;
send you information about your relationship or transactions with us;
develop new products and services;
personalize and enhance your experience using the app;
respond to your inquiries, requests and comments;
allow you to participate in the interactive features of the app or the related services, where you choose to do so;
give you notices about your account;
compile business data to use for business purposes;
assist law enforcement and respond to subpoenas;
prevent fraud and abuse of the app and to otherwise protect users and visitors and our business;
carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and
notify you when app updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve the app and to deliver a better and more personalized experience.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
to our subsidiaries and affiliates;
to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about the app users is among the assets transferred;
to fulfill the purpose for which you provide it.
for any other purpose disclosed by us when you provide the information.
to comply with any court order, law or legal process, including to respond to any government or regulatory request;
to enforce our rights arising from any contracts entered into between you and us, including the app End-User License Agreement, terms of sale, and for billing and collection; or
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
DISCLOSURE OF YOUR INFORMATION TO OUR COMMERCIAL PARKING GARAGE PARTNERS
SpotPog may, in certain markets, partner with commercial garages. and parking lot operators to offer special discounts and promotional pricing to SpotPog users. As a condition to your use of any promotional discount or special offer you agree that SpotPog is permitted to provide your personal information to the partner organization for use in future marketing with the understanding that you will be able to opt-out of further communications by following the appropriate unsubscribe protocol that will be included in the relevant marketing material.
YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
Location Information. You can choose whether or not to allow the app to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information some parts of the app may then be inaccessible or not function properly.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
You can review and change your personal information by logging into the app and visiting your account profile page.
You may also send us an e-mail to support@SpotPog.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the app, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other app users. Proper access and use of information provided on the app, including User Contributions, is governed by our Mobile application End User License Agreement and Terms of Service.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of the app that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at:
767 Third Avenue – Suite 800
New York, NY 10017
For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and personal information will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our app, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the app. The information you share in public areas may be viewed by any user of the app.
Be advised that the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the app. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
767 Third Avenue – Suite 800
New York, NY 10017