Last Updated: December 30, 2022
Last Reviewed: December 30, 2022
SpotHero, Inc. and its affiliates (“SpotHero,” “we,” “us,” or “our”) offers marketing services (“Marketing Services”) regarding the location and potential availability of certain parking spots (“Parking Spots”) to users (“Users”) of www.spothero.com and associated software application(s) (“App”) (collectively, the “Site”). In so doing, we market the Parking Spots on the Site and facilitate the reservation (“Reservations”) of Parking Spots between Users of the Site and owners, lessors, managers or operators of Parking Spots (“Licensors”) (collectively, Users and Licensors of the Site may be referred to as “you” or “your”).
- the information that SpotHero collects from you;
- how that information is used, transferred, and disclosed by SpotHero; and
- the rights and options available to you.
Table of Contents
- Information We Collect
- How We Use the Information We Collect
- How We Disclose Your Information
- Deidentified Information
- Location Information
- Text Messaging
- Use By Children
- Cookies and Interest Based Advertising
- Your Rights and Choices
- Linked Sites and Third Party Use of Information
- Data Integrity and Security
- International Users
- Contact Information
- State and Country Specific Rights
- Verifiable Consumer Request
1. Information We Collect
We collect, transmit, and store information that you provide directly to us through (i) the use of the Site, (ii) creation or modification of an account, (iii) requesting of Marketing Services, (iv) contacting of customer support or other similar communications, and (v) requesting of SpotHero’s Marketing Services for Parking Spots as a Licensor. The type of information we collect, transmit, and store is described below:
- Identifiers. When you create a SpotHero account as a User or Licensor, we store and use information you provide during the account creation process as a User or account onboarding process as a Licensor, such as first and last name, email address, phone number, postal address, login and password information, vehicle information such as, license plate information and make/model/year of a vehicle, and other similar account information (“Account Information”)
- Payment Information. When you use our Site as a Licensor, we may collect financial information, such as bank account or wire transfer information to facilitate payments directly to you. If you are using our Site and services to create Reservations, limited credit card and bank account information may be collected by SpotHero and more detailed credit card or bank account information may be collected by our payment processor, Stripe (https://stripe.com/en-ca/privacy). We never have access to your full credit card number, but, to administer your account and prevent fraud, we may have limited access to the following: the type of credit card you used (Visa, AmEx, etc.), the last four digits of the card number, and the card's expiration date;
- Internet or Other Similar Network Activities. The IP address from which you access the Site; cookie data; network connection type; browser type; the name of the domain from which you access the internet; the type of device, browser and operating system used to access the Site; the date and time you access the Site and the duration and stop time of such access; the information about any person or entity from whom you were referred; the pages, files, documents and links that you visit; the internet address of the website from which you linked to the Site;
- Commercial Information and Inferences. Information about your visit to the Site or your usage of the Marketing Services generally; information you provide voluntarily when participating in surveys or product improvement interviews; and
- Geolocation Information.Geolocation information including, with your consent, precise geolocation information.
2. How We Use the Information We Collect
Consistent with the permission you give us to collect personal information from you, SpotHero may use such information for the following legitimate business purposes:
- To provide, personalize, and improve your experience with the Marketing Services and our advertising made available on or outside the Site;
- To ensure technical functionality of the Marketing Services, develop new products and services, and analyze your use of the Marketing Services, including your interaction with applications, advertising, products and services that are made available, linked to, or offered through the Marketing Service;
- To communicate with you for Marketing Service-related or research purposes including via e-mails, notifications, text messages, or other messages, which you agree to receive;
- To communicate with you, either directly or through one of our partners, for marketing and promotional purposes via e-mails, notifications, or other messages consistent with any permissions you may have communicated to us;
- To facilitate payment processing through our third party payment processor, Stripe, or prevent or detect fraud;
- To facilitate payments directly to you as a Licensor;
- With your consent, to calculate distance to available Parking Spots and show you Parking Spots near your location;
- To fulfill the purpose for which you submitted the information and for other uses consistent with that purpose; and
3. How We Disclose Your Information
We may disclose the information we collect, transmit, and store with third parties for a business purpose, as described below. Otherwise, we do not sell, rent, lease, or “share” personal information, and will not disclose Users’ personal information to third parties for purposes of their direct marketing without your consent.
With Licensors. If you are a User, we share your information with Licensors for, among other things, facilitating Reservations, confirming your Reservation on-site, and otherwise for the Licensors’ own business uses, including marketing to you.
With Users. If you are a Licensor, we share your information with Users for, among other things, facilitating Reservations and providing customer support.
With Payment Processors. We share your information with our third party payment processor, Stripe, so that Users can pay for Reservations made on our Site. If you are a Licensor, we share your information with banks and other financial institutions in order to make payments to you.
With Marketing, Advertising, and Analytics Service Providers. We may share information about you with our data analytics and advertising service providers, such as Google Analytics and Rakuten Advertising, to help us measure traffic and usage trends for the Site and to understand more about the demographics and behaviors of our Users. These companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. To learn more about Google's privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here. To learn more about Rakuten’s privacy practices, click here. To learn more about your rights with respect to Rakuten, click here.
To Protect Rights and Property. We may disclose your information to third parties when we believe in good faith that disclosure is necessary to protect our rights, our property, personal safety, or the interests of you or any other person, and to detect, prevent and/or otherwise address fraud, risk management, security or technical issues.
To Comply with and as Required by Law. We may disclose your personal information to government authorities or other relevant third parties in order to comply with applicable legal requirements, judicial proceedings, court orders, legal process, or lawful requests from governmental authorities. We may also disclose your personal information in the good-faith belief that such action is necessary to protect our rights, interests, or property, or to protect your safety or the safety of others.
Aggregate or Anonymous Information. We share User information in the aggregate with third parties, such as Licensors that use our Marketing Services. For example, we may disclose the number of Users that have booked a Reservation in a particular city or a particular location.
At Your Request. We also share your information as directed or requested by you, or subject to your consent.
4. Deidentified Information
We may collect deidentified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Site (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law. When we receive or use deidentified information, we maintain it in deidentified form and do not attempt to reidentify the information.
5. Location Information
When you use the Site or Marketing Services, we may collect and store general location information, such as an IP address. If you permit us to access location services through the permission system used by your mobile operating system or browser, we may also collect the precise geolocation of your device when our App is running in the foreground or background of your device. This information may be used to help you locate parking spots near you. You do not have to enable precise geolocation data to use our App, but its functionality may be affected by your choice.
6. Text Messaging
SpotHero may use the mobile phone number or similar contact information that you provided to us to send text messages to provide you with the Marketing Services and to facilitate your use of Reservations. For example, SpotHero may send you a text message containing a parking pass or other information allowing you to access a Parking Spot or garage. Additionally, SpotHero may send you a text message containing a link to download a copy of its software application, based on your request. Each text will contain instructions permitting you to “opt-out” of receiving future text message communications. However, you cannot revoke your authorization for fraud related communications or legally required communications.
7. Use by Children
The Marketing Services and Site are not intended for use by persons under the age of 16 in the United States (or under the age of majority in Canada, as applicable). We do not seek or knowingly collect information from individuals under the age of 16, and we request that such individuals do not provide such information.If you are under 16 and a resident of the United States (or under the age of majority in your respective Canadian jurisdiction), you may not use either the Marketing Services or the Site. If we learn we have collected or received personal data form a child under the age of 16, we will promptly delete the information.
8. Cookies and Interest Based Advertising
9. Your Rights and Choices
SpotHero provides ways for you to access and delete your personal information as well as exercise applicable data rights that give you certain control over your personal information. Your Rights and Choices include:
Email Subscriptions. We may, from time to time, communicate with you via email. If you no longer wish to receive promotional emails from us, please let us know by clicking unsubscribe in those messages or by emailing us at email@example.com. Please note that, although you can opt not to receive promotional emails, we reserve the right to send you informational emails about any administrative notices regarding the Site or important information about your account, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Text Messages. You can opt-out of receiving text messages by texting STOP from the mobile device receiving the messages. Opting-out of receiving text messages may limit your ability to take advantage of our full range of features and services.
Location Information. You can prevent your device from sharing location information through your device’s system settings. If you do, this may limit our ability to provide you our full range of features and services.
Cookie Tracking. You can modify your cookie settings in your browser. You can also update your cookie settings by using our “Cookie Preference Center” tool available in our Site footer. You may also enable online, where available, a universal opt-out preference tool (such as the Global Privacy Control (GPC) signal) that automatically communicates your opt-out preferences, which we intend to respect.
Accessing Your Account. You can access or correct your account information at any time by logging into your account or by contacting firstname.lastname@example.org (if you are a User) or email@example.com (if you are a Licensor). If you wish to close your account, please contact firstname.lastname@example.org (if you are a User) or email@example.com (if you are a Licensor).
Deleting Your Account. You can delete your User account through the SpotHero iOS mobile app by opening the SpotHero app, clicking Account --> Privacy --> Delete My Account. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. Please note that deleting your account is permanent and cannot be undone.
State and Country Specific Rights. Some states provide specific, additional rights to their residents regarding personal information. For more information about these rights and how to exercise them, see the State and Country Specific Rights section below.
10. Linked Sites and Third Party Use of Information
Other websites that you visit, including any such sites linked from or to our Site (such as websites of Licensors), may have separate privacy policies or none at all. Other websites may use personal information differently than our policy permits so we strongly encourage you to review the privacy policies of any site before you provide your personal information on the internet or explore such third-party sites. You agree that we are not responsible for unauthorized third-party use of your information.
11. Data Integrity and Security
We utilize information technology security to keep the information that you provide to us via our Site secure. We also attempt to have privacy protection controls in place with our vendors in order to ensure that your personal information is protected from unauthorized access or disclosure. Only authorized employees are permitted to access your personally identifiable information or that of other visitors touring the Site. Notwithstanding, as effective as our reasonable security measures may be, no security system is impenetrable nor is any method of transmission over the Internet or via mobile device, or method of electronic storage, 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information we cannot guarantee its absolute security.
12. International Users
SpotHero is based in the United States of America (“U.S.”), and, regardless of where you use our Site from or otherwise provide information to us, the information may be transferred to and maintained on servers located in the U.S. Please note that any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations and standards, which may not be equivalent to the laws in your country of origin or residence. By using the Site or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. SpotHero only offers Marketing Services in the U.S. and Canada.
We will retain your personal information while you maintain an account with SpotHero or to the extent necessary to provide the services through the Site. Thereafter, we will keep personal information for as long as reasonably necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete personal information within a reasonable period after we no longer need the information for the purposes set out in this Policy.
15. Contact Information
125 S. Clark St., Ste. 1300
Chicago, IL 60603
Privacy Contact: firstname.lastname@example.org
16. State and Country Specific Rights
Pursuant to certain state laws, you may have additional rights that you may exercise with respect to SpotHero’s collection, use, and sharing of your personal information, as further described below.
SpotHero will not discriminate against you for exercising your rights under any state law.
A. California Residents: Your California Privacy Rights
California Rights Regarding Your Personal Information. If you are a California resident, the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), grants you certain data privacy rights. Your rights include the:
- Right to Access: You have the right to request a copy of the specific pieces of personal information that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, described below, we will disclose: (i) The categories of personal information we have collected about you; (ii) The categories of sources from which personal information is collected; (iii) Our business purpose for collecting personal information; (iv) The categories of third parties with whom we share personal information, if any; and (v) The specific pieces of personal information we have collected about you.
- Right to Data Portability: You have the right to receive your personal information in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.
- Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.
- Right to Deletion: You have the right to request that we delete your personal information.
- Right to Be Free from Discrimination: You have the right to not be discriminated against by us for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not: (i) Deny goods or services to you; (ii) Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (iii) Provide a different level or quality of goods or services to you; or (iv) Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by applicable law.
To opt-out of the “sharing” of your personal information for personalized or targeted advertising purposes, follow the instructions here or visit our Cookie Preference Center in the footer of our website.
- Financial Information
- Commercial Information
- Internet or Other Electronic Network Activity Information
- Geolocation Data Sufficient to Identify a Precise Physical Location
- Inferences About Preferences and Characteristics Based on Other Personal Information
Sensitive Personal Information. SpotHero does not use or disclose sensitive personal information other than to provide you the Site and Marketing Services, as permitted by California law. SpotHero does not sell or share sensitive personal information for the purpose of cross-context behavioral advertising.
California’s “Shine the Light” Law. Separate from the CCPA, California’s “Shine the Light” law permits Users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 15 (Contact Information).
B. Other State Privacy Rights
Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
- Confirm whether we process their personal information;
- Access and delete certain personal information
- Data portability;
- Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
- Correct inaccuracies in their personal information, taking into account the information's nature processing purpose;
- Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
Nevada provides its residents with a limited right to opt-out of certain personal information sales. SpotHero does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us at email@example.com.
To exercise your state-specific privacy rights, please use the Verifiable Consumer Request method described below.
To opt-out of the “sharing” of your personal information for personalized or targeted advertising purposes, follow the instructions here or visit our Cookie Preference Center in the footer of our website.
C. Canada Residents: Your Canadian Privacy Rights
Under applicable Canadian privacy legislation, you have the following rights:
- Access. SpotHero permits the reasonable right of access to your Personal Information. Upon written request and authentication of identity, we will provide you with access to your Personal Information under our control, subject to any legal requirements and applicable exceptions to the right of access. We will make the information available within thirty days or provide written notice where additional time is required to fulfill the request. Where an access request is refused, we will notify you in writing and provide our rationale for refusal along with a list of next steps available to you.
- Accuracy. If you demonstrate the inaccuracy or incompleteness of Personal Information, we will amend the information as required. If appropriate, we will send the amended information to third party service providers to whom the information has been disclosed.
- Complaint. You may also have the right to complain to the Office of the Privacy Commissioner of Canada or the appropriate provincial Information and Privacy Commissioner if you have concerns related to our privacy practices.
If you are a resident of Canada and would like to exercise any of the aforementioned rights, please click on this link and complete the webform.
Depending on your use of our Site and Marketing Services, you may have the following choices:
- Cookies Settings and Preferences. You may disable cookies and other tracking technologies through the settings in your browser. While doing so may negatively affect your experience with the use of our Site and Marketing Services, it will not prevent us from transacting with you. You can also update your cookie settings by using our “Cookie Preference Center” tool available in our Site footer.
- Marketing e-mails. You may sign up for our mailing list in order to receive promotional and other materials that may be of interest to you. If you no longer wish to receive marketing e-mails from us, you may choose to unsubscribe at any time by clicking on the “unsubscribe” link in our emails or by contacting us at firstname.lastname@example.org.
- Opt-Outs. You may contact us to opt out of the use or sharing of your Personal Information, including for marketing or advertising purposes, and/or the provision of your Personal Information to our business partners for such purposes.
- Online behavioural advertising. As outlined further below, we use Google Analytics on our Site. For more information on how Google Analytics collects and processes information, as well as how you can control the information sent to Google, please review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You may control your advertising preferences or opt-out of certain Google advertising products (i.e. the Google Analytics cookies) by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences.
17. Verifiable Consumer Request
You can exercise your legal rights by submitting a Verifiable Consumer Request to us by:
- Visiting us at our webform (Preferred);
- Emailing us at email@example.com;
- Calling us at (844) 707-7682.
Please note that we reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
If you make a request to exercise your rights, we will strive to respond or act on your request within 45 days of receiving your verifiable request. Notably, however, we reserve the right to extend the time to respond to 90 days when reasonably necessary. You may only make a Verifiable Consumer Request for access to personal information twice in a 12-month period.
If you wish to appeal SpotHero’s decision to deny a request, please contact us via email within fourteen (14) days at the address listed above in Section 15 (Contact Information) using the subject line: Data Subject Rights Appeal.