Privacy Policy
General
CONTENTS
4 CONTACTING THE INFORMATION COMMISSIONER’S OFFICE (“ICO”)
5 CHANGES TO THIS EVOLOGY PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
7 THE DATA WE COLLECT ABOUT YOU
8 HOW YOUR PERSONAL DATA IS COLLECTED
10 HOW WE USE YOUR PERSONAL DATA
12 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
13 HOW YOU CAN WITHDRAW CONSENT
14 DISCLOSURES OF YOUR PERSONAL DATA
20 DESCRIPTION OF CATEGORIES OF PERSONAL DATA
21 DEFINITIONS AND INTERPRETATION
1. ABOUT US
1.1 Parkingeye Limited trading as Evology, is a company registered in England and Wales with company number 05134454 whose registered office address is at 40 Eaton Avenue, Buckshaw Village, Chorley, Lancashire, PR7 7NA (“Evology”, “we”, “us” and “our”).
1.2 When collecting the data specified in this Evology Privacy Policy, we are the controller. This Evology Privacy Policy has been produced in line with Data Protection Laws and the Human Rights Act 1998.
2.INTRODUCTION
2.1 Under Data Protection Laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data. This information is provided in this Evology Privacy Policy and it is important that you read this information.
2.2 This Evology Privacy Policy, applies to your use of:
2.2.1 the Evology Apps hosted on Google Play or the App Store – Apple (“App Sites”), once you have downloaded or streamed a copy of the Evology Apps onto your mobile telephone or handheld device (“Device”);
2.2.2 any of the Evology Services; or
2.2.3 any services that are available on the Evology Website, App Sites or other sites of ours (“Services Sites”).
2.3 This Evology Privacy Policy sets out the basis on which any personal data we collect from you or that you provide to us, will be processed by us. The Evology Apps are not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2.4 We are committed to protecting your personal data and respecting your privacy.
3. CONTACTING US
3.1 We have appointed a Data Protection Officer and a Privacy Officer. If you are concerned about the processing of your personal data by us or if you have a privacy related query not answered by this Evology Privacy Policy, please contact us at [email protected] or alternatively, you can write to us with your privacy related query at Privacy Team, Evology, PO BOX 117, Blyth, NE24 9EJ.
3.2 We will review each request we receive. Under Data Protection Laws, we do not have to agree with your request but if we refuse your request, we will still contact you within one month to explain why.
4. CONTACTING THE INFORMATION COMMISSIONER’S OFFICE (“ICO”)
You have the right to make a complaint at any time to the ICO if we fail to comply with Data Protection Laws or the ICO’s guidance. The ICO is the UK regulator for data protection issues. For further information, please refer to the ICO website, www.ico.org.uk.
5.CHANGES TO THIS EVOLOGY PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
5.1 We keep this Evology Privacy Policy under regular review.
5.2 This version was last updated on 17th November 2023. It may change and if it does, these changes will be posted on this page and where appropriate, notified to you by email. The new version may be displayed on-screen and you may be required to read and accept the changes to continue your use of the Evology Apps or the Evology Services.
5.3 It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data changes during our relationship with you.
6.THIRD PARTY LINKS
6.1 Our Sites may from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites are entirely separate from us and have their own privacy policies (if any).
6.2 We do not accept any responsibility or liability for such websites, their privacy policies, any personal data that may be collected through them such as Contact Data and Location Data or for any products and / or services that are offered by or advertised on them. Please check the privacy policies of such websites before you submit any personal data on them or use their services.
7. THE DATA WE COLLECT ABOUT YOU
7.1 We may collect, use, store and transfer different kinds of personal data about you as follows:
7.1.1 Identity Data;
7.1.2 Contact Data;
7.1.3 Financial Data;
7.1.4 Transaction Data;
7.1.5 Device Data;
7.1.6 Content Data;
7.1.7 Profile Data;
7.1.8 Usage Data;
7.1.9 Marketing and Communications Data; and
7.1.10 Location Data.
Please click on each to find out more about these different kinds of personal data.
7.2 We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature on the Evology App(s). However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Evology Privacy Policy.
7.3 We may also require certain special category Personal Data about you, in particular information about your health where it is relevant to the Evology Services e.g. the fact that you are a blue badge holder so we can check the availability of disabled parking. We do not collect any information about criminal convictions and offences.
8. HOW YOUR PERSONAL DATA IS COLLECTED
We will collect and process the following data about you:
8.1 Information you give us – This is information (including Identity Data, Contact Data, Financial Data and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App Sites and the Services Sites (together, “Our Sites”) or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Sites, download or register the Evology Apps, subscribe to any of our Evology Services, search for the Evology Apps or the Evology Services, make a purchase on the Evology Apps or the Evology Website, share data via the Evology social media functions, enter a competition, promotion or survey or other activities commonly carried out in connection with the Evology Services and when you report a problem with the Evology Apps, the Evology Services or any of Our Sites. If you contact us, we will keep a record of that correspondence.
8.2 Information we collect about you and your Device – Each time you visit one of Our Sites or use the Evology Apps, we will automatically collect personal data including Device Data, Content Data and Usage Data. We collect this data using cookies and other similar technologies. Please see the Evology Cookie Policy for further details.
8.3 Location Data – We also use your Device and technology to determine your current location. Some of our location-enabled Evology Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
8.4 Information we receive from other sources including third parties and publicly available sources – We will receive personal data about you from various third parties and public sources as set out below:
8.4.1 Device Data from the following parties:
8.4.1.1 analytics providers;
8.4.1.2 advertising networks inside and outside of the UK; and
8.4.1.3 search information providers inside and outside the UK;
8.4.2 Contact Data, Financial Data and Transaction Data from providers of technical, payment and delivery services inside and outside of the UK;
8.4.3 Identity Data and Contact Data from data brokers or aggregators inside and outside of the UK; and
8.4.4 Identity Data and Contact Data from publicly available sources inside and outside of the UK.
8.5 Unique application numbers – When you want to install or uninstall an Evology Service containing a unique application number or when such an Evology Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
9. COOKIES
9.1 We use cookies and/or other tracking technologies to distinguish you from other users of the Evology Apps, App Sites or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the Evology Apps or browse any of Our Sites and also allows us to improve the Evology Apps and Our Sites.
9.2 For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, please see the Evology Cookie Policy.
10. HOW WE USE YOUR PERSONAL DATA
10.1 We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
10.1.1 Where you have consented before the processing.
10.1.2 Where we need to perform a contract we are about to enter or have entered with you.
10.1.3 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
10.1.4 Where we need to comply with a legal or regulatory obligation.
10.2 Please see clause 18 to find out more about the types of lawful bases that we will rely on to process your personal data.
10.3 We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
10.4 We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
11.DESIGNATED CHARGING BAYS
11.1 What data is processed when you use a Designated Charging Bay?
11.1.1 When you use a Designated Charging Bay, your payment details will be processed by our third party payment provider when you pay for Electric Vehicle Charging Services;
11.1.2 Parkingeye collects and processes data comprising of the Vehicle registration number and images of vehicles using the Designated Charging Bay.
11.1.3 If the parking restrictions applicable at the Designated Charging Bay are breached, a parking charge notice will be issued by Parkingeye. The data Parkingeye processes when issuing a parking charge notice includes the recipient’s name and address, images of the vehicle, its details and movement whilst using the Designated Charging Bay and the Vehicle registration number.
11.2 How is data collected?
11.2.1 Payment details are collected and processed by our third party payment provider;
11.2.2 Images of vehicles and Vehicle registration numbers are collected by Parkingeye via designated cameras in each Designated Charging Bay.
11.2.3 If you have received a parking charge notice and you are the registered keeper of the vehicle, as held by the relevant vehicle licensing agency, then your data has been provided to Parkingeye by the DVLA or international equivalent.
11.2.4 If you are not the registered keeper of the vehicle, then your data has been provided to Parkingeye by:
11.2.4.1 a third party who has confirmed that you were responsible for the vehicle on that date;
11.2.4.2 a third party who has confirmed that you were driving the vehicle on that date; or
11.2.4.3 a third party who has confirmed that the vehicle was on hire or leased to you on that date.
11.2.5 If you no longer live at the address held by the DVLA, then your data has been provided by:
11.2.5.1 a third-party now living at the property that has confirmed that you no longer live at that address and has supplied a forwarding address; or
11.2.5.2 a third-party credit reference agency.
11.3 How will your data be processed and why?
11.3.1 The lawful bases for processing data are performance of a contract and legitimate interests.
11.3.2 When using a Designated Charging Bay, personal data is collected and processed for the purposes of:
11.3.2.1 our third party payment provider processing payments made by you for Electric Vehicle Charging Services;
11.3.2.2 the provision of effective Electric Vehicle Charging Services;
11.3.2.3 the performance of our obligations under your agreement with us;
11.3.2.4 ensuring you comply with the parking restrictions applicable at the Designated Charging Bay, as displayed on signage at the Designated Charging Bay, and to enforce those parking restrictions where necessary;
11.3.2.5 Parkingeye issuing a parking charge notice where the parking restrictions applicable at the Designated Charging Bay have been breached;
11.3.2.6 Parkingeye progressing any issued parking charge to closure or payment, which includes receipt of, reviewing and responding to appeals (both internal and with POPLA) and Parkingeye seeking payment of any parking charge amount. Recovery may include collections undertaken via the use of debt collection agents and/or legal action (where required) and / or verification of your address;
11.3.2.7 carrying out data analytics including reporting on vehicle turnover, vehicle type and repeat visits;
11.3.2.8 to improve customer experience;
11.3.2.9 providing data to the police and other security organisations to assist with the prevention and detection of crime (as appropriate); and
11.3.2.10 as part of the audit processes undertaken by any regulatory authorities.
11.3.3 Data may be processed at a destination outside the European Economic Area but we have implemented and ensured the safeguards required by Data Protection Laws.
11.4 Who do we share data with?
In order to enforce the parking restrictions applicable at the Designated Charging Bay where a breach has been identified and to support the legitimate interests explained above, we may share data with the following organisations:
11.4.1 Parkingeye who may share data with:
11.4.1.1 vehicle licensing agencies such as the DVLA or an international equivalent. This includes sharing data to obtain the contact name and address details of a vehicle’s registered keeper, any named driver, as well as sharing data for audit purposes;
11.4.1.2 vehicle hire and lease companies where they confirm that a vehicle was on hire or leased on the date that the vehicle was captured in breach of the parking restrictions applicable at the Designated Charging Bay; and/or
11.4.1.3 other organisations such as the BPA, POPLA for parking events in England and Wales, Euro Parking Collection plc, landowners, managing agents, tenants, Parkingeye’s press office or agency (where related to media/press query), and any authorised sub-contractors, such as mail service providers, business process outsourcers, credit reference agencies, collection agents, legal advisors, IT service providers and payment service providers.
11.4.2 the police or other security organisations for the safety and security of Designated Charging Bay users, and in order to prevent and detect crime;
11.5 What happens if you receive a parking charge?
11.5.1 If you receive a parking charge as a result of a breach of the parking restrictions applicable at a Designated Charging Bay you will be directed to www.parkingeye.co.uk. All parking charges and subsequent payments are processed by or on behalf of, Parkingeye.
11.5.2 If you wish to review the full privacy policy for Parkingeye, this can be found here.
12.PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
| Purpose/Activity | Type 0f Data | Lawful Basis For Processing |
| To install the Evology Apps and register you as a new user | Identity Data
Contact Data Financial Data Device Data |
Your consent |
| To process purchases made on the Evology App(s) and deliver Evology Services including managing payments and collecting money owed to us | Identity Data
Contact Data Financial Data Transaction Data Device Data Marketing and Communications Data Location Data |
Your consent
Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us) |
| To manage our relationship with you including notifying you of changes to the Evology Apps or the Evology Services | Identity Data
Contact Data Financial Data Profile Data Marketing and Communications Data |
Your consent
Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use Evology products and / or the Evology Services) Necessary to comply with legal obligations (to inform you of any changes to the Evology Terms and Conditions) |
| To enable you to participate in a prize draw, competition or complete a survey | Identity Data
Contact Data Device Data Profile Data Marketing and Communications Data |
Your consent
Performance of a contract with you Necessary for our legitimate interests (to analyse how customers use Evology products and / or the Evology Services and to develop them and grow our business) |
| To administer and protect our business and the Evology Apps including troubleshooting, data analysis and system testing | Identity Data
Contact Data Device Data |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) |
| To deliver content and advertisements to you
To make recommendations to you about goods or services which may be of interest to you To measure and analyse the effectiveness of the advertising we serve you To monitor trends so we can improve the Evology Apps |
Identity Data
Contact Data Device Data Content Data Profile Data Usage Data Marketing and Communications Data Location Data |
Consent
Necessary for our legitimate interests (to develop Evolgoy products and / or the Evology Services and grow our business) |
13.HOW YOU CAN WITHDRAW CONSENT
Once you provide consent, you may change your mind and withdraw consent at any time by contacting [email protected] but please note that this will not affect the lawfulness of any processing carried out before you withdraw your consent.
14.DISCLOSURES OF YOUR PERSONAL DATA
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table at clause 11 (Purposes for Which We Will Use Your Personal Data):
14.1 Evology Services providers acting as processors or controllers based in the UK and EU who provide IT and system administration and cloud based services;
14.2 Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Evology Privacy Policy;
14.3 Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services;
14.4 HM Revenue and Customs, regulators and other authorities acting as processors or joint controllers based in the UK who require reporting of processing activities in certain circumstances; and
15.INTERNATIONAL TRANSFERS
15.1 We use a third party service provider based in the EU, so the processing of your personal data will involve a transfer of data outside the UK.
15.2 Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it in accordance with applicable laws by ensuring at least one of the following safeguards is implemented:
15.2.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; or
15.2.2 where we use certain service providers, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.
16.DATA SECURITY
16.1 We look after your personal data by having security that is appropriate for its nature and the harm that might result from a breach of security. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Sites, any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Those with whom we share data are also required to process your data in-line with contractual safeguards and Data Protection Laws.
16.2 With regard to each of your visits to Our Sites, we may automatically collect technical information, including the internet protocol address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, information about your visit including the full uniform resource locators click-stream to, through and from Our Sites (including date and time); products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page and any phone number used to call our customer service number. The information which we collect and store during normal use of Our Sites is used to monitor and analyse how parts of Our Sites are used.
16.3 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or by our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
16.4 We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5) or alternative mechanisms and other technology.
16.5 Certain Evology Services include social networking, chat room or forum features. Please ensure when using these features, that you do not submit any personal data that you do not want to be seen, collected or used by other users.
16.6 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.
17.DATA RETENTION
17.1 We will usually delete your Personal Data when it is no longer needed however there may be exceptions to this. By law, we have to keep basic information about our customers (including Contact Data, Identity Data, Financial Data and Transaction Data) for 6 years after they cease being customers for tax purposes.
17.2 In some circumstances you can ask us to delete your data: please see clause 19 (Your legal rights) below for further information.
17.3 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
17.4 In the event that you do not use the Evology Apps for a period of 6 years then we will treat the account as expired and your personal data may be deleted, save where it must be retained by law.
18.LAWFUL BASES
18.1 “Consent” means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
18.2 “Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
18.3 “Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
18.4 “Comply with a Legal Obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
19.YOUR LEGAL RIGHTS
19.1 Under certain circumstances you have the following rights under Data Protection Laws in relation to your personal data:
19.1.1 Request access to your personal data – This is commonly known as a “data subject access request” and enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. We are required to verify your identity before passing you information and we may contact you upon receipt of your request to clarify your request. We will be unable to process your request until we have all required information.
19.1.2 Request correction of the personal data that we hold about you – This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
19.1.3 Request erasure of your personal data – This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. The right to erasure is also known as “the right to be forgotten”. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
19.1.4 Object to processing of your personal data – Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
19.1.5 Request restriction of processing of your personal data – This enables you to ask us to suspend the processing of your personal data in the following scenarios:
19.1.5.1 if you want us to establish the data’s accuracy;
19.1.5.2 where our use of the data is unlawful but you do not want us to erase it;
19.1.5.3 where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
19.1.5.4 you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
19.1.6 Request the transfer of your personal data to you or to a third party – We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
19.1.7 Withdraw consent at any time where we are relying on consent to process your personal data – This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
19.1.8 Rights relating to automated decision making, including profiling – Individuals have the right to be given information about such processing, request human intervention or challenge a decision. This right will only apply in certain circumstances.
19.1.9
19.2 You also have the right to ask us not to continue to process your personal data for marketing purposes.
19.3 You can exercise any of these rights at any time by contacting us using the contact details at clause 3 above.
20.DESCRIPTION OF CATEGORIES OF PERSONAL DATA
| Identity Data: | Means your first name, last name, username or similar identifier and title. |
| Contact Data: | Means your billing address, delivery address, email address and telephone numbers. |
| Financial Data: | Means bank account and payment card details. |
| Transaction Data: | Means details about payments to and from you and details of purchases made on the Evology Apps. |
| Device Data: | The type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting. |
| Content Data: | Means information stored on your Device which could include search and location history, login information, photos or other digital content and check-ins. |
| Profile Data: | Means your username and password, the purchase history on the Evology Apps, your interests, preferences, feedback and survey responses. |
| Usage Data: | Means details of your use of the Evology Apps or your visits to any of Our Sites including but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. |
| Marketing and Communications Data: | Means your preferences in receiving marketing from us and our third parties and your communication preferences. |
| Location Data: | Means your current location disclosed by your Device and other technology. |
21.DEFINITIONS AND INTERPRETATION
21.1 The following definitions apply in this Evology Privacy Policy:
“BPA”: means the British Parking Association;
“controller”: has the meaning given in the Data Protection Laws;
“DVLA”: means the Driver and Vehicle Licencing Agency;
“ICO”: has the meaning set out in clause 4;
“POPLA”: means the Parking On Private Land Appeals service;
“processing”: has the meaning set out in the Data Protection Laws and “process” and “processed” shall be construed accordingly; and
“processor”: has the meaning given in the Data Protection Laws.
21.2 The meaning of any capitalised words or phrases not defined within this Evology Privacy Policy shall be set out in the Evology Terms and Conditions.