Privacy Notice

Welcome to Xtraspots. This notice describes our practices for the collection, use and disclosure of your information and tells you about your privacy rights when you use our Services (as defined below).

We use Your Personal data to provide and improve the Service. By using the service, You agree to the collection and use of information in accordance with this Privacy Policy.

1. ACCEPTANCE OF THIS PRIVACY NOTICE

YOU SHOULD CAREFULLY READ THIS NOTICE. By using the Services in any way, including accessing, browsing, using any Service, and/or contacting us through any Service, you acknowledge that you have read, understood, and agreed to be bound by this notice. If you do not agree to this notice or to any other policy posted on or provided with the Services, you should not access or otherwise use any Service.

2. APPLICABILITY OF THIS PRIVACY NOTICE

This privacy notice applies to the websites and mobile applications owned and operated by Xtraspots, which we refer to in this notice as the “Services.” The Services include our public website (www.xtraspots.com), our Xtraspots mobile app, and other Xtraspots sites and mobile apps we may make available from time to time, as well as all content, materials, functionality, and other services offered on or through the Services.

When you interact with the Services, you may do so in one of the following ways:

• As a “Host,” meaning a party who owns or otherwise has the right to use parking spaces, and who desires to use the Service to list, provide, and manage parking availability and related services to Drivers;
• As a “Driver,” meaning a vehicle owner or user who desires to use the Service to locate and use parking spaces and related services provided by Hosts; or
• As a “visitor,” meaning any individual who visits, browses, or uses any of our Services.
• Protect against legal liability

This privacy notice applies only to information we obtain through your use of the Services. It does not apply to information that we or others may collect through other means, such as information we may learn through an employment relationship with you, or through a commercial relationship outside of your use of the Services as a Host or Driver.

This privacy notice applies only to Services owned and operated directly by Xtraspots. Some features offered through our Services are provided by third parties, as disclosed below, and this privacy notice does not apply to those or to any other third party offerings or practices.

We may offer additional products or services that are subject to additional or different privacy notices. In that event, we will provide a separate or supplemental privacy notice when providing you with the applicable product or service.

3. THE PERSONAL INFORMATION WE COLLECT

Personal information refers to information that we can use to personally identify a specific individual. The personal information we collect will depend on the nature of your relationship with us and your interaction with the applicable Services.

(1) Identification and Contact Information. If you create an Xtraspots account as a Host or a Driver, we will collect personal information you provide during the registration process, through the management of your account, and in connection with your use of the Services. This may include:

• First and last name
• Email address
• Phone number
• Login name/User ID;
• Login name/User ID;
• License plate information.
• Physical address(es);

(2) Financial and Payment Information:

• Account Information. If you are a Host, we will collect personal information from you as necessary to facilitate payments to you in connection with your use of the Services. However, we do not host any bank or other financial account information directly. To permit payments to be made through the Services, we ask Hosts to register accounts through iDenfy. When you register your financial account, that interaction will be governed by the iDenfy terms and conditions and privacy policy. Please visit the iDenfy website, accessible here, for more information.
• Payment Information. We use a third party vendor, Stripe, Inc. or one of its affiliates (“Stripe”) to facilitate and process payments through the Services. If you are a Driver that uses the Services to submit a payment, or a Host that collects payments from Drivers, that payment will be processed by Stripe, and your interactions with Stripe will be governed by Stripe’s terms and conditions and privacy policy. Please visit the Stripe website, accessible here, for more information. By making any payment using the Services and/or by using the Services to collect payments, you understand that that interaction is governed by Stripe’s privacy notice, and not by this privacy notice.

(3) Geolocation Information. As you use the Services, we may collect location data from you as a part of the Services (for example, we may use your location to search and identify available parking spaces near you). Our ability to collect location data and the specificity of the location will depend on a number of factors, including the device you are using, the internet connection, and your device settings. We may obtain precise geolocation information with your consent.

(4) Commercial Information: We will collect information about your transaction history with us (spaces made available and managed through the Services, parking history, etc.).

(5) Usage Information. We may collect information automatically when you use the Services, such as information about the type of device you are using, the device’s IP address, your device’s operating system, your browser type and version, and the pages and features of the Services that you visit and use. In addition, we may receive this type of information indirectly from analytics service providers.

(6) Other Information: If you reach out to us using the Services (such as by using a “Contact Us” or similar feature), we will receive any additional personal information you choose to provide.

We keep the personal information we collect for as long as we continue to have a business need to do so (including for as long as you maintain an account on the Services), unless a longer period is required by law. Business needs include legal, risk management, and other business purposes.

4. HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We use the personal information we collect to operate, maintain, and improve our products and services, including the Services, including as follows:

• To provide and maintain our Services, including: (a) to market the location and potential availability of parking spaces and related services, (b) to facilitate, process, and confirm listings and reservations, (c) to notify Hosts and Drivers of activity relating to their account, and (d) to notify Hosts and Drivers of emergency situations;
• To create and manage Host and Driver accounts;
• To facilitate payment processing through our third-party payment processor(s);
• To respond to and address your inquiries or requests;
• Subject to your device settings and any required consent, to show you available parking and related services near your location;
• Subject to your device settings and any communicated preferences, to contact you (including by email, telephone, SMS, or other equivalent forms of notifications, such as a mobile app’s push notifications) regarding the Services, including about updates to the Services and new and additional functionalities;
• To provide you with news, special offers and general information about other goods, services, and events which we may offer from time to time, subject to your right to opt out of receiving such information;
• To evaluate and improve our Services and our product and service quality;
• To comply with and enforce legal requirements and our policies and procedures, including to prevent and address fraud and breaches or our policies and procedures;
• To exercise our rights and remedies and defend against legal claims; and
• For other purposes consistent with our business, such as data analysis, identifying usage trends, and determining the effectiveness of our Services and promotional efforts.

5. HOW AND WHY WE SHARE PERSONAL INFORMATION

We may share information with third parties in the following circumstances:

• As a core part of our business, we share Host parking availability information with Drivers, and we share Driver identification and vehicle information with Hosts, to match Drivers with spaces and services made available by Hosts, and otherwise to enable both parties as our customers to provide and receive services. This includes sharing of personal information (a) to alert Drivers to available spaces and services offered through our Services; (b) to facilitate and confirm reservations; (c) to allow Hosts to ensure utilization of their spaces and services by the proper party; (d) to troubleshoot issues relating to reservations; and (e) as otherwise necessary to facilitate and manage the Host/Driver interaction.
• We may provide information to our trusted service providers who use that information only to conduct business on our behalf. For example, they may handle our data management. We provide these service providers only with the information they need to perform their services, and work with them to respect and protect your privacy.
• We share personal information with our third party payment processor(s) to enable Drivers to pay for services received through the Services, and we share personal information with our third party verification provider(s) to confirm financial institution details as necessary to make payments to Hosts.
• We share personal information with data analytics platforms to compile statistics and perform analyses intended to understand our customers, improve the Service’s performance, and obtain information relevant to our marketing, sales, and product research.
• We will release information, including personal information, if we believe that such action is appropriate to (a) comply with law, regulations, legal process or governmental request, (b) enforce any terms of use applicable to the Services, including potential violations, (c) detect, prevent or otherwise address fraud, security or technical issues, or (d) otherwise protect the rights, property or personal safety of us, our employees, users of our Services, or others.
• We may share information, including personal information, in connection with, during negotiations of, or as a part of the closing of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company, whether as a going concern or as part of bankruptcy, litigation or similar proceeding, in which personal information about the users of our Services is among the assets transferred.

We do not disclose any personal information that we collect about you through the Services to anyone for any purpose, other than as disclosed. We do not sell any personal information or share information for third party marketing purposes.

6. THIRD PARTY FEATURES

Our Services may integrate with websites, applications, and services operated by third parties (“Third Party Services”). For example, we may allow users to sign into the Services using their Apple or Google login credentials, may use integrated maps provided by Google Maps or other navigation providers, and, as noted above, use third parties to register financial accounts and process payments. We do not control the privacy practices of any third parties. If you interact with any Third Party Services and either submit personal information using any of those Third Party Services or otherwise permit a connection between the Services and any Third Party Services, the third parties’ collection and use of your information is governed by their privacy policies, which differ from ours. We encourage you to carefully read the privacy policy of any Third Party Services you visit or use.

7. COOKIES AND OTHER TRACKING TECHNOLOGY³

“Cookies” are small data files stored on your hard drive by a website, including “session cookies” (which expire when the web browser is closed), and “persistent cookies” (which stay on your computer until you delete them). Xtraspots does not place cookies on our websites or use data collected via cookies.

As noted above, our Services use and incorporate certain third party services. Some of these third party services provide analytics services to us, and these analytics providers may place cookies on our website to obtain usage data described above. In addition, from time to time, these analytics providers and other third parties may be able to set cookies during your use of our Services, and may be able to associate the information they collect with your personal information, or they may collect information, including personal information, about your online activities over time and across other websites and online services. We cannot control any third parties’ tracking technologies or how they may be used on our Services.

Most web browsers automatically accept cookies, but you can usually change your browser to prevent that, such as by having your computer warn you each time a cookie is being sent or choosing to turn off all cookies. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings.

You should be aware that certain browsers, including Firefox, Google Chrome, Safari and Internet Edge, offer a “do not track” (or, “DNT”) option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user’s DNT preference, if any, set on the browser. We do not currently commit to responding to browsers’ DNT signals. We cannot make this commitment because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

8. OUR SECURITY MEASURES

We use a variety of industry-standard security measures to maintain the safety of your personal information, including measures such as encryption designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

Unfortunately, no electronic data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we believe that we use reasonable measures to protect personal information, we cannot ensure or warrant the security of any information transmitted or otherwise provided to us or received from us.

9. YOUR RIGHTS AND CHOICES

You have certain rights regarding our collection and use of your personal information.

• Providing Personal Information is Your Choice. You can browse our Services as a visitor without providing us with any personal information, other than automatically-collected usage information (which we will not attempt to link with other personal information). However, if you choose to use our Services to engage with us, such as by creating an account as a Host or Driver, or if you choose to otherwise interact with us, you will be required to provide us with the personal information necessary to facilitate that interaction or transaction. If you do not want to provide us with personal information, you may not be able to use our Services, or some features of the Services may not be available to you.
• You Have the Right to Opt Out of Certain Communications. You can ask us to stop sending you marketing and other promotional materials at any time by following the opt-out links in the applicable messages, or by contacting us at any time. Please note that when you opt out of marketing messages, we may still need to contact you regarding outstanding listings or reservations, your account, your product or service experience, as required by law, or regarding legal matters. However, we will not send you marketing communications after you have opted out of receiving them.
• You Have the Right to Access Your Personal Information. You may have the right to confirm whether we are processing your personal information and, if so, to access information about the specific items of personal information we have collected about you. If you would like to receive a copy of personal information that is maintained in a digital format, you may have the right to receive it in a portable and (it technically feasible) readily usable format allowing you to transmit it to another party.
• You Have the Right to Correct Your Personal Information. If you believe any personal information we have about you is incorrect, you can request that we make the appropriate edits to correct that information. In addition, if you have an account with us, you may be able to update certain of your account details directly through the Services.
• You Have the Right to Request Deletion of Your Personal Information. As noted above, we have standard retention practices with respect to the personal information we collect. If you would like to request any earlier deletion of your personal information, you have the right to do so. Please note that we may not be able to completely remove personal information in certain circumstances. This will be true if the data is not in a searchable format, or if it is retained in backup systems or in cached or archived pages. We also may not be able to delete personal information to the extent it is necessary to conduct active and ongoing business with you, if we are required by law to retain it, or keeping the information it is necessary to comply with our legal obligations, resolve disputes, prevent fraud or future abuse, or otherwise enforce our rights.

Each of the rights set forth above may be subject to certain limitations as set forth in applicable law. Your rights may depend on your state of residence, as different states have adopted privacy laws that provide for specific rights and remedies applicable solely to residents of such states.

To exercise any of the above rights, or if you have any questions regarding our privacy practices, please contact us by sending us an email at  info@xtraspots.com.

Please note that we may be required to request information from you to verify your identity in connection with any such request, as a security measure to ensure that your personal information is not disclosed to any person who has no right to receive it. If you make any request to exercise your rights, we will respond within the time period required by law (or if no time period is required, within a reasonable period of time). If we are unable to comply with your request, we will inform you of this. If you do not agree with any action we have taken following a request to exercise your rights, or otherwise object to our handing of your personal information, you may (depending on your state of residence and your rights under applicable state law) have the right to appeal or to raise your objection with your state’s regulatory authority. We would, however, appreciate the opportunity to address your concerns directly before you approach a regulatory authority, so please contact us in the first instance at info@xtraspots.com.

10. USING OUR SERVICES FROM OUTSIDE THE UNITED STATES

Our Services are intended for a United States audience. If you are using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our Services are operated. We make no representation that the practices we describe are compliant with the laws of other jurisdictions, including laws that apply to the collection, use, disclosure, and security of personal information.

11. UPDATES TO THIS PRIVACY NOTICE

Because of changes in Internet technology and practices, as well as changes in the features and functionalities of the Services we may provide from time to time, this privacy notice, and our security and other policies may change from time to time. It is our practice to post any changes we make to this privacy notice on this page, but it is your responsibility to check this privacy notice for updates. By using any Services after we post any changes to this privacy notice, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive.