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Privacy Policy

I. Introduction

When you use FalschParker, you entrust us with your personal data. We are committed to upholding this trust. Therefore, we would first like to help you understand our data protection practices.

In this privacy policy, we describe, in accordance with Articles 13 and 14 of the General Data Protection Regulation (Datenschutz-Grundverordnung, DSGVO), what personal data ("data") we collect, how it is used and shared, on what legal basis this is done and what rights you have regarding this data. The Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telecommunications and Digital Services Data Protection Act (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz, TDDDG) apply in addition. We recommend that you read this text together with our privacy overview, which explains the key aspects of our data protection practices.

II. Overview

A. Scope

This privacy policy applies to users of the services of ParkGuard Solutions GmbH, including users of FalschParker, websites, features or other services, as well as to persons whose data we process in connection with reported parking violations (e.g. vehicle keepers and drivers).

B. Data controller and data transfer

The controller (Verantwortlicher) within the meaning of Art. 4(7) DSGVO for the data collected in connection with the use of the services of ParkGuard Solutions GmbH is:

ParkGuard Solutions GmbH
Greifswalder Straße 226
10405 Berlin
Germany
Represented by the managing director Ivan Claude Dante Echardour
Phone: +49 30 22046743
E-mail: support@falschparker.io

We respect your data protection rights, regardless of where you are. Insofar as we transfer data to recipients in countries outside the European Union or the European Economic Area (third countries), this only takes place where the requirements of Art. 44 et seq. DSGVO are met, for example on the basis of an adequacy decision of the European Commission (Art. 45 DSGVO) or appropriate safeguards such as the European Commission's standard contractual clauses (Art. 46 DSGVO).

To protect your data, ParkGuard Solutions GmbH has in particular introduced the following technical and organisational measures (Art. 32 DSGVO):

  1. Policies and procedures to restrict access to and processing of personal data to defined purposes;
  2. specific training for staff responsible for managing personal data;
  3. reliable protection of data while it is transmitted between FalschParker and our servers and when it is processed on our servers. This includes encryption and the use of pseudonymised data to protect the full identity of users from unauthorised disclosure.

Questions, comments and complaints regarding the use of data by ParkGuard Solutions GmbH, as well as requests to exercise your rights (see Section IV), can be sent by e-mail to support@falschparker.io. You can also use this e-mail address to address a question to the data protection officer of ParkGuard Solutions GmbH.

In addition, precise location data collected from the customer's (user's) device when triggering contractual penalties (Vertragsstrafen) and towing orders is linked to the tow truck driver's account, even if the user has not enabled the collection of precise location data on their device. This data is used for purposes such as issuing receipts, customer support, fraud detection, insurance matters and legal disputes. The legal basis is Art. 6(1)(b) DSGVO (performance of a contract) and Art. 6(1)(f) DSGVO; our legitimate interest lies in documenting orders in a way that preserves evidence and in asserting and defending claims.

III. Data collection and use

A. The data we collect

Data from other sources. This includes:

  • Users who participate in our referral programmes. For example, if a user refers another person, we receive that person's data from the user.
  • FalschParker account holders who request services for or on behalf of other users (such as tenants, employees, friends or family members) or who enable other users to request or receive services via their business accounts. This also includes users or other third parties who provide information in connection with claims or disputes.
  • Providers who help us verify users' identity, background information and eligibility to work, or who screen users in connection with sanctions, anti-money laundering or customer identification requirements.

Responsible body:

  • Company name: ParkGuard Solutions GmbH
  • Street: Greifswalder Straße 226
  • Postcode: 10405
  • City: Berlin
  • Country: Germany

B. How we use personal data

FalschParker uses data to enable reliable and professional towing services as well as other products and services. We also use this data:

  • to promote the safety of our users and services;
  • for customer support;
  • for research and development;
  • to enable communication between users;
  • for marketing and advertising;
  • to send non-marketing communications to users;
  • in connection with legal proceedings.

We use the data we collect as follows:

1. To provide our services. FalschParker uses data to provide, personalise, maintain and improve its services. This includes using data for the following purposes:

  • creating/updating accounts;
  • to enable contractual penalties and towing services, such as:
    • using location data to navigate to the pick-up of illegally parked vehicles, calculate the estimated time of arrival and track the progress of towing orders;
    • features that involve sharing data, such as sharing the tow truck driver's first/last name and telephone number to facilitate the towing order, the user profile and towing details for sharing the estimated time of arrival, and user ratings;
    • finding suitable tow truck drivers for users who order towing services. Tow truck drivers may be assigned based on their availability, location/distance and other factors such as the likelihood of accepting an order, as well as their past behaviour or preferences;
  • providing updates to FalschParker;
  • carrying out the operations necessary to maintain our services, including fixing software bugs and operational problems.

Legal basis: Art. 6(1)(b) DSGVO, insofar as the processing is necessary for the performance of our contracts with users or for taking pre-contractual steps; otherwise Art. 6(1)(f) DSGVO, based on our legitimate interest in the functional and secure operation of our services. Insofar as we process data relating to reported vehicles or to vehicle keepers and drivers (e.g. evidence photos and video material, number plates, location and time of the violation), this is done on the basis of Art. 6(1)(f) DSGVO; our legitimate interest and that of our users lies in documenting parking violations and in asserting and enforcing the resulting claims.

2. Safety and security. We use data to ensure the safety and integrity of our services and users. This includes:

  • verifying the identity of users when creating an account. This is done, among other things, by means of an assignment agreement and/or tenancy agreement, which ensure that our services are not used by users who pretend to be someone else and thus pose a security risk.
  • In addition, we may use facial recognition technologies to facilitate the login process and to prevent unauthorised users from using our service. As this involves processing biometric data, it is done exclusively with your explicit consent (Art. 6(1)(a), Art. 9(2)(a) DSGVO).

Legal basis: Art. 6(1)(b) DSGVO and Art. 6(1)(f) DSGVO, based on our legitimate interest in the security of our services and protection against identity misuse; for facial recognition, your consent as described above.

3. Customer support. FalschParker uses the information collected (including call recordings) to provide customer support, including investigating and handling user concerns and monitoring and improving our customer support responses and processes.

Legal basis: Art. 6(1)(b) DSGVO and Art. 6(1)(f) DSGVO, based on our legitimate interest in monitoring and improving our customer service. Calls are only recorded with your consent (Art. 6(1)(a) DSGVO).

4. Research and development. We use personal data for testing, research, analysis, product development and machine learning to improve the user experience. This helps us make our services more pleasant and user-friendly, improve the security of our services and develop new services and features.

Legal basis: Art. 6(1)(f) DSGVO, based on the legitimate interest of ParkGuard Solutions GmbH in improving and developing new services and features.

5. Enabling communication between users and towing services. For example, a tow truck driver may send a user a text message or call them to confirm the pick-up location of the vehicle to be towed.

Legal basis: Art. 6(1)(b) DSGVO, as this is necessary for the performance of our contracts with users.

6. Marketing and advertising. ParkGuard Solutions GmbH uses data to market its services and those of FalschParker's partners. This may include:

  • sending e-mails, text messages, push notifications and in-app messages or other communications for marketing or advertising purposes for products, services, features, offers, promotions, prize draws, news and events of ParkGuard Solutions GmbH. This may include using location, order and order history and usage data to send marketing communications personalised on the basis of users' observed or inferred interests and characteristics.
  • displaying FalschParker advertisements in third-party apps or websites. This includes using location, order and order history and usage data, as well as sharing hashed e-mail addresses and device or user identifiers with advertising partners (such as Facebook and TikTok), in order to tailor such advertisements to users' interests.
  • third-party advertising in FalschParker's apps or in connection with our services.

Legal basis: Art. 6(1)(a) DSGVO (consent), in particular for promotional e-mails, text messages and push notifications, personalised advertising and the sharing of data with advertising partners. Insofar as consent is not required by law, we base the processing on Art. 6(1)(f) DSGVO, based on our legitimate interest in informing users about the services and features offered by ParkGuard Solutions GmbH or its partners. You can object to processing for direct marketing purposes at any time (Art. 21(2) DSGVO) and withdraw any consent given at any time.

7. Non-marketing communications. FalschParker may use data to send surveys and other communications that are not for the purpose of marketing the services or products of FalschParker or its partners.

Legal basis: Art. 6(1)(b) DSGVO, insofar as this is necessary to fulfil our terms of use or other agreements with users, or Art. 6(1)(f) DSGVO, based on our legitimate interest in informing users about events that may affect the use of the services of ParkGuard Solutions GmbH.

8. Legal proceedings and requirements. We use personal data to investigate or handle claims or disputes relating to the use of FalschParker's services, to meet the requirements of applicable laws, regulations or operating licences or agreements, or in accordance with legal proceedings or official requests, including requests from law enforcement authorities.

Legal basis: Art. 6(1)(f) DSGVO, based on our legitimate interest in investigating, asserting, enforcing and defending claims and disputes in connection with the use of FalschParker's services and features, and Art. 6(1)(c) DSGVO, insofar as we are legally obliged to process or disclose data.

We also use data for fraud prevention and security, including:

  • We use data from tow truck drivers' devices to verify the towing process of the reported vehicle, detect acceleration and inform drivers about safer towing.
  • using tow truck drivers' location data and communications between user and tow truck driver to identify empty journeys obtained or caused by fraud – for example, if it is found that a tow truck driver is delaying the pick-up of an illegally parked car in order to obtain a cancellation. Please contact FalschParker customer support to object to such an adjustment.
  • using device, location, profile, usage and other data to combat other types of fraud. This includes identifying fraudulent accounts or fraudulent use of our services, preventing the use of our services by unauthorised customers (users), verifying user identities in connection with certain means of payment and preventing and combating unauthorised access to user accounts. In some cases, for example if it is found that a user has abused the FalschParker referral programme or submitted fraudulent documents, such behaviour may lead to deactivation of the account. Deactivation is not based solely on an automated decision within the meaning of Art. 22 DSGVO, but takes place after human review. Please contact FalschParker customer support to object to such a deactivation.
  • using user ratings, reported incidents and other feedback to promote compliance with our community guidelines and as a basis for deactivating the accounts of users with poor ratings or who have otherwise violated these guidelines. This deactivation only takes place after human review and with the opportunity to lodge an objection. Please contact FalschParker customer support to object to such a deactivation.
  • using tow truck driver data (such as location, ratings and gender, where legally permissible) and user data (such as ratings, towing location) to anticipate and avoid pairings of users that may lead to an increased risk of conflict (for example because one user has previously given another a one-star rating).

Legal basis: Art. 6(1)(b) DSGVO, insofar as this is necessary for the performance of our agreements with users, and Art. 6(1)(f) DSGVO, based on the legitimate security interests of FalschParker, our users and the public, as well as our interest in preventing fraud.

C. Cookies and third-party technologies

FalschParker and its partners use cookies and other identification technologies in our apps, websites, e-mails and online advertisements.

Cookies are small text files stored on browsers or devices by websites, apps, online media and advertisements. FalschParker uses cookies and similar technologies for purposes including: authenticating users; storing user preferences and settings; determining the popularity of content; recording and evaluating the effectiveness of advertising campaigns; and analysing page views and trends and developing a general understanding of the online behaviour and interests of people who interact with our services.

We may also allow others to provide us with audience measurement and analytics services, to serve advertisements on the internet on our behalf and to track and report on the performance of such advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify the device visitors use to visit our website, and also when they visit other websites and services. Further information on the use of cookies and other technologies described in this section can be found in our cookie policy.

Legal basis: We use cookies and similar technologies that are strictly necessary for the operation of our services (e.g. for authentication or storing your settings) without consent in accordance with Section 25(2) TDDDG; we base the subsequent processing on Art. 6(1)(b) or (f) DSGVO. All other cookies and technologies that are not strictly necessary – in particular for analytics, marketing and advertising purposes – are only used with your consent (Section 25(1) TDDDG, Art. 6(1)(a) DSGVO). You can withdraw your consent at any time with effect for the future, e.g. via the cookie settings.

D. Sharing and disclosure of data

Some of FalschParker's services and features require us to share data with other users, or we do so at a user's request. We may also share such data with our affiliates, subsidiaries and partners where this is necessary for legal reasons or in connection with claims or disputes. Data is only transferred to recipients in third countries under the conditions of Art. 44 et seq. DSGVO set out in Section II.B.

FalschParker may share data as follows:

1. With other users. This includes sharing the following data:

  • First name, last name, street, postcode, ratings and towing location of the reported illegal parker with the tow truck drivers.
  • We also provide customers and tow truck drivers with receipts containing information such as the GPS coordinates, image and video material and the first/last name and telephone number of the tow truck driver. Further information is added to these receipts where required by law.

Legal basis: Art. 6(1)(b) DSGVO in relation to our users and Art. 6(1)(f) DSGVO, based on the legitimate interest in carrying out the towing order and enforcing claims.

2. At the user's request. This includes sharing data with:

  • Emergency services: We offer features that allow users to share their data with the police, fire brigade and ambulance services in an emergency or after certain incidents. See "Choice and transparency" and "Sharing data in an emergency".

Legal basis: Art. 6(1)(a) DSGVO (your consent or request) and, in an emergency, Art. 6(1)(f) DSGVO.

3. With the public. Questions or comments from users submitted via public forums such as FalschParker's blogs or social media pages may be visible to the public. This includes data contained in the submitted questions or comments.

4. With the FalschParker account holder. If a user receives services via an account belonging to another party, we may share their order information, including location data, with the holder of that account. This happens, for example, when a user/customer uses FalschParker for Business via their employer's company profile.

Legal basis: Art. 6(1)(b) DSGVO in relation to the account holder and Art. 6(1)(f) DSGVO, based on the account holder's legitimate interest in being able to trace the services provided via their account.

E. Storing and deleting data

FalschParker stores user data for as long as is necessary for the purposes described above. The period for which we store user data depends on the type of data, the category of user to whom the data relates and the purposes for which we collected the data. The period for which FalschParker stores user data may also be determined by legal and regulatory requirements, security and fraud prevention purposes or by issues relating to the user account, e.g. outstanding amounts or unresolved claims or disputes.

As soon as data is no longer required for the purpose for which it was collected, it is deleted unless statutory retention obligations apply, in particular under the German Commercial Code (Handelsgesetzbuch, HGB) and the Fiscal Code (Abgabenordnung, AO). In that case, processing is restricted until the retention period expires.

Users can request the deletion of their accounts at any time. Due to legal or regulatory requirements or for the reasons set out in this privacy policy (e.g. for the establishment, exercise or defence of legal claims), FalschParker may retain user data even after a deletion request.

IV. Your rights

Under the DSGVO, you have the following rights vis-à-vis ParkGuard Solutions GmbH:

  • Access to the data processed about you (Art. 15 DSGVO);
  • Rectification of inaccurate data or completion of incomplete data (Art. 16 DSGVO);
  • Erasure of your data (Art. 17 DSGVO);
  • Restriction of processing (Art. 18 DSGVO);
  • Data portability, i.e. receiving your data in a structured, commonly used and machine-readable format (Art. 20 DSGVO);
  • Objection to processing (Art. 21 DSGVO): insofar as we process your data on the basis of Art. 6(1)(f) DSGVO, you may object at any time on grounds relating to your particular situation. You may object to processing for direct marketing purposes at any time without giving reasons;
  • Withdrawal of consent at any time with effect for the future (Art. 7(3) DSGVO); the lawfulness of processing carried out before the withdrawal remains unaffected;
  • Complaint to a supervisory authority (Art. 77 DSGVO), in particular to the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit), which is responsible for us, or to the supervisory authority of your place of residence.

To exercise your rights, simply send an e-mail to support@falschparker.io.

V. Updates to the privacy policy

We may update this privacy policy from time to time. If we make significant changes, we will inform users in advance via FalschParker or by other means, such as e-mail. We recommend that users review this privacy policy regularly for the latest information on our data protection practices. Where a change requires consent, we will obtain it from you separately.