This privacy notice explains how Smart Compliance Management uses your personal data (i.e. information about you and your vehicle) in order to provide you with parking services under our contract with you. These terms should be read together with our parking and payment terms, which can be found here http://www.smartcomply.co.nz/parking-terms-and-conditions
This privacy notice also explains how we use your personal data on data collection only sites, in order to provide managed services.
This privacy notice includes the following information to help you understand clearly how your data is being used:
- What we do with your personal data
- Your rights
- The lawful basis for processing your data
- Categories of data processed
Who we are
Smart Compliance Management (a division of Smart Parking Technology Ltd) is a company registered in New Zealand that provides managed parking services, and can be contacted by emailing firstname.lastname@example.org
What we do
When you enter, remain and exit a car park operated by us, we take photographs of the vehicle and registration by Automatic Number Plate Recognition (ANPR). The data gathered by cameras is used to determine your compliance with the parking and payment terms of your contract with us.
Your personal data is being obtained, retained and processed, depending on the category of user you are of our site. We may also use our cameras to detect and deter criminal activity.
Under Data Protection Legislation you have the following rights:
- To be informed
- Of access
- To rectification
- To erasure
- To restrict processing
- To data portability
- To object
Please note that you have the right to request the above, but under data protection law we must; confirm who you are before providing information and; provide you with an explanation if we do not agree with your request. So if you do make the request we will tell you if the request has been granted or not.
Right of access
You have the right to submit an Access Request and this can be done by emailing email@example.com or in writing to Smart Compliance Management, PO Box 12584, Penrose, Auckland 1642. We will need to confirm who you are to obtain proof of your identity before providing you with information we may hold about you.
Our purpose and legal bases for processing your personal data
The purpose of processing your data is to enable effective car park management and ensure compliance with your contractual obligations having come onto and remained on the car park. There are also legitimate interests for us to do so in order to pursue anyone who may be liable to pay sums due, defend legal claims, protect the rights of a land owner and for our business interests.
We are entitled to:
- Pursue a motorist for an unpaid parking tariff
- Pursue a motorist for an unpaid parking charge
- Ensure safety and security and help deter/detect criminal activity
- Carry out data analytics, including reporting on vehicle turnover, vehicle type and repeat visits, to analyse the overall site activity
In the case of Data Collection Only Sites, the purpose of processing your data (i.e. information regarding your vehicle activity) is in order to provide effective car park managed services. This is done under the basis of protecting legitimate interests in order to provide a more effective customer experience.
The Categories of “Personal Data” we process and how long we retain this information
- Where there has been no breach of the parking contract
As a compliant user of this Private Land, the personal data we obtain is your vehicle registration number. We may also capture images of the vehicle, occupants or bystanders. Where your data is obtained it will be retained for 36 months only in order to be able to cross reference registration numbers for discrepancies, retaining this data in this way enables us to properly and fairly manage the car park which sometimes means cancelling Breach Notices. After this time, we then erase your registration and any other images from our records.
- Unpaid Breach Notice and where a parking charge becomes due:
Where there is a fee which is payable for parking and it appears it has not been we may request details of the registered owner of the vehicle from the NZTA database and other third parties (for example the registered owner or hire companies where applicable) who may possess information which could assist in pursuance of the unpaid parking fee and resolving any disputes, this could include the name and address of the registered owner.
The personal details we may obtain from the NZTA for ANPR camera parking charges include:
- The name and address of the registered owner;
- The make, model and colour of the vehicle;
- Confirmation of the registration number;
- Any other information that we gather, in pursuance of the unpaid parking fee, including information that is shared by you with us.
Your data will be held for sufficient time to enable the fee or outstanding parking charges to be settled, by you or another person and resolve any dispute. However, your data will not normally be held for longer than 6 years in such circumstances. In some circumstances your data may be held for longer than 6 years, examples of this are:
- When there is an ongoing dispute which requires us to hold the data for longer than 6 years.
- Where a court order has been made allowing us to pursue outstanding money after the expiration of 6 years.
- Where contractual or legal obligations specific to a site require us to and we will only keep data for longer if there is no other way of meeting those obligations.
If you decide to challenge a Breach Notice you need to do so in writing, either online at www.smartcomply.co.nz/appeal, or by post to PO Box 12584, Penrose, Auckland 1642. To avoid administration fees you must lodge your appeal no later than 21 days after the issue date on the initial Breach Notice. Failure to lodge an appeal within the described time frame may result in your details being sent to a debt recovery company.
At sites where we use ANPR cameras for data collection purposes only, and are not enforcing and not relying on a contractual basis, we retain the licence plate and any images for a period of 90 days. This data is kept long enough to ensure we can process the data into raw site statistics, and provide effective managed services, in order to protect our legitimate interests.
We may use your individual vehicle activity in order to derive raw data values of total entries and total exits of all vehicles, or vehicle types that have entered a given car park on a given day. It should be noted that we don’t analyse individual data subject activity but analyse the overall site activity. This derived data can no longer be linked to any data subject and is therefore retained for as long as is needed in order to provide effective managed services.
Sharing your personal data
Your personal data may be shared with:
- A parking tariff payment facilitator
- External software providers,
- Debt recovery companies,
- Police and security services
- Solicitors and small claims court officers/bailiffs where necessary to ensure compliance with your obligations under the contract.
- The landowner to assist with the administration of the parking enforcement operation on site, including the administration of any relevant site whitelists. They may also receive any data analytics on overall site activity, as this derived data that can’t be linked to the an individual.
- Data sharing agreements will be put into place, before any personal data is shared that has not been provided by the party themselves (i.e. whitelists), to ensure relevant safeguards of that data are in place, and only if it is required to share under a legitimate interest.
Other than the list above we do not share information about you or your vehicle with any other third party.
Changes to our Privacy Notice
Further information and complaints
If you require more information about items raised in this notice please contact us in writing, either online at http://www.smartcomply.co.nz/contact, via email at firstname.lastname@example.org or by post to PO Box 12584, Penrose, Auckland 1642.