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 of www.spothero.com and associated software application(s) (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 (“you,” “your”) and owners, lessors, managers or operators of Parking Spots (“Licensors”).
- the information that SpotHero collects from users;
- how that information is used, transferred and disclosed by SpotHero; and
- the rights and options available to users.
Information That We Collect
We collect information that you supply to us voluntarily through the use of the Site, creation or modification of an account, requesting of Marketing Services, contacting of customer support, or other similar communications, including, but not limited to, the following information (collectively, together with any other information SpotHero may collect in relation to your use of the Marketing Services or the Site “Personal Information”):
- names, e-mail addresses, phone number(s), postal address or other similar contact information;
- vehicle information such as license plate information, make/model/year of your vehicle;
- depending on the service used, sometimes financial information, such as credit card or bank account numbers may be collected by our payment processor, Stripe (https://stripe.com/en-ca/privacy);
- information you submit when creating or using your user account, including user login and password information, images, or similar user information (“Account Information”);
- information you submit for SpotHero’s business use;
- the IP address from which you access the Site;
- cookie data, network connection type, and browser type;
- with your permission (i.e. if authorized through the permission system used by your mobile operating system or you make the affirmative decision to permit location tracking on our website), location information, including, the precise location of your device when the app is running or when you are using our ‘search nearby’ feature;
- 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, 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;
- any other information about your visit to the Site, or your usage of the Marketing Services generally; and
- information about you received from Parking Spot operators that you interact with as a result of our Marketing Services, or from other third parties to whom you have previously provided information.
Some Personal Information may be automatically gathered so that we can monitor the use of the Site in order to make improvements and better serve visitors. You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging into your User Account or contacting us as described below. For other personal information of yours that we hold, we will provide you with access for any legal purpose, including to request that we correct the data if it is inaccurate or delete the data if SpotHero is not required to retain it by law or for legitimate business purposes, in all cases, in accordance with applicable laws and subject to any exceptions to access thereunder. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting the Support Agent referenced in the below section titled “Contact Information.”
How Do We Use Information?
Consistent with the permission you give us to collect Personal Information, SpotHero may use such information for the following purposes:
- to provide, personalize, and improve your experience with the Marketing Services and our advertising made available on or outside the Service;
- 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;
- location information, to calculate distance to available Parking Spots;
- to fulfill the purpose for which you submitted the information and for other uses consistent with that purpose; and
In general, we do not share Personal Information that is personally identifiable to you, except where we have your express permission or where required by law. At times, in order for us to provide products and services or market to customers, we may make certain Personal Information available to strategic partners with whom we work. We may also disclose Personal Information to individuals or organizations who are our advisors or consultants, as well as the following advertising, marketing and analytics services providers. For example, the below 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. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
- Google Analytics: https://tools.google.com/dlpage/gaoptout; and
- Marin Software: http://www.marinsoftware.com/privacy/marin-tracker-opt-out.
Pursuant to authorization granted by you either through your use of one of SpotHero’s web-forms, or through the use of the Marketing Services to make Reservations, SpotHero may use your mobile phone number or similar contact information to send text message(s) via automatic dialing technology. SpotHero only uses such phone numbers and/or contact information to provide Marketing Services and 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 upon your request via a web form.
California Privacy Rights
Under the California Consumer Privacy Act (“CCPA”) signed into law June 28, 2018 and entering into effect Jan. 1, 2020, California residents have certain rights and privileges. You can exercise any of the following rights by notifying us as described below:
- Disclosure Request. Upon request and when possible, we will disclose the categories and specific pieces of personal information we have collected about you. Additionally, you may also obtain the categories of information about you that we have sold, the categories of third parties to whom the information was sold, and the categories of personal information that we disclosed about you for a business purpose. You may submit these requests by visiting https://spothero.com/CCPA. When such a request cannot be honored, we will advise you accordingly.
- Deletion. If you should wish to cease use of our Site and have your personal data deleted from our Site, then you may submit a request by visiting https://spothero.com/CCPA. Upon receipt of a verifiable request for deletion, we will confirm receipt and will confirm once your personal data has been deleted. To exercise this right via email, simply type the words “Personal Data Deletion” in the subject line of your email.
- Opt Out of Sale. If you wish to exercise your right to opt out of any current or future sale of your Personal Information. Please submit an opt-out request by visiting https://spothero.com/CCPA.
- Right to Sue for Security Breaches. You also have the right to sue in the event your nonencrypted or nonredacted personal information, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of our violation of the duty to implement and maintain reasonable security procedures and practices. Prior to exercising this right, you must provide us with 30 days’ written notice by emailing us at firstname.lastname@example.org and providing us with an opportunity fix this violation.
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. We strive to respond to your request within 45 days of receiving a verifiable consumer request however, we reserve the right to respond within 90 days when reasonably necessary.
Except as provided herein, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2022 will receive information regarding 2021 sharing activities). To obtain this information in connection with information collected through the Service, please send an email message to email@example.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. SpotHero does not track its customers over time and across third party websites to provide targeted advertising.
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 Canadian resident 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.
- 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 behavioral 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.
Nevada Privacy Rights
If you live in Nevada, you can opt out of the sale of your personal information by contacting us at email@example.com. Once we receive and verify your request, we will not sell this information unless you later allow us to do so.
Law & Order
We may disclose any of your information (including Personal Information) to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of SpotHero or our users; or (d) protect our property rights.
Cookies and Web Beacons
We may, from time to time, send you e-mail about your User Account, orders or pricing changes. We may also send you e-mail with general information or special offers about products and services that may be of interest to you. We will give you an opportunity to accept or decline the receipt of promotional e-mail.
If you no longer wish to receive promotional emails from us, please let us know by using the opt-out response device that can be found at the bottom of such emails we deliver or by emailing us at firstname.lastname@example.org. To help us process your request, please include sufficient information for us to identify you in our records (your email address will suffice). Please allow a reasonable time for us to process your request.
Please note that, although you can opt not to receive promotional messages, we reserve the right to send you informational email messages about any administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
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 no policy 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.
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. We cannot guarantee the security of our database and cannot guarantee that information supplied to us will not be intercepted while being transmitted over the internet.
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.
We keep your Personal Information only as long as necessary to fulfill the purpose for which it was collected and to meet our legal and contractual obligations. The length of time we retain information varies, depending on the purpose for which it was collected and the nature of the information. This period may extend beyond the end of your relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.
We will destroy, erase or make anonymous documents or other records containing Personal Information as soon as it is reasonable to conclude that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes. We will take due care when destroying Personal Information so as to prevent unauthorized access to the information.
You may correct your account information at any time by logging into your User Account. If you wish to close your account, please log into your User Account, and then follow the provided directions or contact email@example.com. 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. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated the Terms and Conditions, we may seek to resolve the issue before deleting your information. SpotHero will comply with an individual’s requests regarding access, correction, and/or deletion of Personal Information it stores in accordance with applicable law.
If you are a resident of certain jurisdictions, you may also have the right to opt out of any current or future sale of your Personal Information. To exercise this right in accordance with applicable law, please contact us at the following email address: firstname.lastname@example.org and write “Opt Out of the Sale of Personal Information” for the subject of your message, or if you are a California resident, you may also submit an opt-out request by visiting https://spothero.com/CCPA. 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.
If you have questions about this policy or wish to contact us regarding our privacy practices, we can be reached via any of the following:
125 S. Clark St.
Chicago, Illinois 60603
Attn: Legal Dept.
Privacy Contact: email@example.com
Last Updated: April 18, 2022