Our Privacy and Cookie Policy

We are committed to protecting and respecting your privacy.

This 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.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the data protection legislation the data controller is Imperial Civil Enforcement Solutions Ltd trading as Open Parking, a company registered in England under number 02023383 and of Century House, 1 The Lakes, Northampton NN4 7HD, United Kingdom.

1. Definitions and Interpretation

In this policy the following terms shall have the following meanings:

“The Organisation” or “Data Controller”

Means Imperial Civil Enforcement Solutions Ltd, trading as Open Parking of:

Century House
1 The Lakes
Northampton
NN4 7HD

Any terms used in this Privacy Policy and not defined in this document shall be as defined in the Data Protection Legislation.

“Data Protection Legislation”

Means General Data Protection Regulation (GDPR), the applied GDPR, the current Data Protection Act, and any successor legislation to any of these, together with any regulations made under the Act and any regulations made under section 2(2) of the European Communities Act 1972 which relate to the GDPR or the Law Enforcement Directive.

“Data”
Means collectively all information that you provide or has otherwise been obtained through your visiting our carpark, through any enforcement activity following a visit by you to our carpark and/or from you directly, whether in writing, by email or by telephone or through our website.

“Personal Data”

Means any information relating to an identified or identifiable living individual.

“Car Park”

Means a privately-owned car park where Open Parking is the operator.

“Data Subject”

Means a living individual to whom personal data relates.

“Cookie”
Means a small text file placed on your computer by this website when you visit certain parts of the website and/or when you use certain features of the website.  Details of the cookies used by this website are set out in clause 12.

“UK and EU Cookie Law”
Means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

“User”
Means any individual that accesses the website (but does not include any employee of the organisation acting in the course of their employment).

“Website”
Means our website (www.openparking.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Scope of This Policy

This policy applies only to all Personal data that the organization holds,uses or otherwise processes in the course of its business activities.

We collect, use and process personal data for the following reasons:

2.1       personal data collected, created or provided or otherwise obtained through your visiting our carpark, through any enforcement activity following a visit by you to our carpark and/or from you directly, whether in writing, by email or by telephone or through our website; and/or

2.2       personal data collected, created or provided or otherwise obtained in the course of providing our services; and/or

2.3       personal data collected, created, provided or otherwise obtained via our website or otherwise in relation to enquiries as to our services.

We will only use the personal data that we have when the law allows us to.  Most commonly, we will use personal data in the following circumstances:

• • In the performance of a contract in respect of the provision of our services (or in taking steps at your request prior to entering into a contract); and/or
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interest.

Carpark Users

Any personal data obtained is done so by the data controller, Imperial Civil Enforcement Solutions Trading as Open Parking.  If a Parking Charge Notice has been issued due to a breach of the displayed terms and conditions, we will obtain the name and address of the registered keeper of the vehicle from the DVLA for the purpose of enforcing the Parking Charge Notice. Such information will be provided in accordance with the Road Vehicle (Registration and Licensing) Regulations 2002 and processed as part of the contract you agreed to by parking your vehicle within the car park, or otherwise in accordance with our legitimate interests.  Other personal data may be processed if relevant to the charge notice and any representation made by you. This data will differ from case to case.

Business Users

Business Users are those third parties to whom we provide services (or those who have expressed interest in our services or with whom we are discussing the provision of our services.

3. Data Collected

Without limitation, any of the following data may be collected by the organisation from time to time:

3.1 Name.
3.2 Vehicle registration mark.
3.3 Address.
3.4 Job title.
3.5 Profession.
3.6 Contact information such as email addresses and telephone numbers.
3.7 Financial information such as credit / debit card numbers.
3.8 IP address (automatically collected).
3.9 Web browser type and version (automatically collected).
3.10 Operating system (automatically collected).
3.11 A list of URLs starting with a referring site, your activity on this website, and the site you exit to (automatically collected).

4. Our Use of Data

4.1 Data held in regard to Parking Charge Notices will be retained in electronic form for a maximum of two years after the date issued or from the parking contract’s completion whichever is earlier. This retention period is to fulfil requirements set by the DVLA.  Any hard copy data received is retained for 1 month from receipt and destroyed, electronic copies of this data may be retained if relevant to the Parking Charge Notice.  All personal data held in relation to a contract for services will be retained for 12 years after the expiry or end of the contract.  All personal data held for other reasons will be retained for [6] years after our last contact from you.

4.2 Unless we are obliged or permitted by law to do so, and subject to clause 5, your data will not be disclosed to third-parties.  We may however share your personal data with our own affiliates and / or other companies within our group.

4.3 All personal data is stored securely in accordance with the eight principles of the data protection legislation. For more details on security see clause 11 below.

4.4 Any or all of the above data may be required by us from time to time in order to provide you with the performance of the contract between us, for any relevant enforcement activity, and for us to provide to you the best possible service and experience in respect of our services or when using our website.  Specifically, data may be used by us for the following reasons:
4.4.1 Internal record keeping.
4.4.2 Improvement of our products / services.
4.4.3 Transmission by email of promotional materials that may be of interest to you.
4.4.4 Contact for market research purposes which may be done using email, telephone, fax or mail.  Such information may be used to customise or update the website.

4.5 All personal data held by the organisation will remain within the European Economic Area (EEA).

4.6 The organisation does not process any personal data with automated decision-making processes.

5. Third-Party Services and Service Providers

5.1 The organisation may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment processing, debt recovery, appeals and printing.

5.2 Any personal data shared with, and processed by, such parties is used only to the extent required by the organisation to perform the services.  Any use for other purposes is strictly prohibited.  Furthermore, any data that is processed by third-parties shall be processed within the terms of this policy and in accordance with the data protection legislation.

6. Links to Other Websites

This website may, from time to time, provide links to other websites.  The organisation has no control over such websites and is in no way responsible for the content thereof.  Users are advised to read the privacy policy or statement of other websites prior to using them.  For the avoidance of doubt, this privacy policy does not extend to any websites that can be accessed from this website including, but not limited to, any links we may provide to social media websites.

7. Changes of Business Ownership and Control

7.1 The organisation may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of the organisation.  Data provided by users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this policy, be permitted to use the data for the purposes for which it was originally supplied to us.

7.2 In the event that any data submitted by users is to be transferred in such a manner, you will be contacted in advance and informed of the changes.

8. Selling Your Data

8.1 We will not sell or otherwise trade your data to any third party without your consent.

9. Your Right to Withhold Information

9.1 You may access certain areas of the website without providing any data at all.  However, there may be features and functions available on the website which you may not access or use if you do not submit certain data.

9.2 You may restrict your internet browser’s use of cookies.  For more information see clause 12.

10. Your Rights

 In accordance with the data protection legislation you have eight rights as a data subject:

• The right to be informed.
• The right of access.
• The right to rectification.
• The right to erasure.
• The right to restrict processing.
• The right to data portability.
• The right to object.
• Rights in relation to automated decision making and profiling.

Under the current data protection legislation’s eight rights, you have the right of access which allows you to ask for a copy of any of your personal data held by The Organisation (where such data is held). Once a request has been received we will verify your identity, and once satisfied we are sharing data with the correct person, a copy of the information will be provided free of charge to you within one month of the receipt of your verified request.

If you wish to contact Open Parking regarding your rights, personal data and any concerns you may have regarding its processing you can do so by contacting the Data Protection Officer at Century House, 1 The Lakes, Northampton, NN4 7HD or by calling 01604 233 333.

If you are unhappy with how the data controller has processed your data, or if you feel they have acted in a way that has breached your data protection rights, you have the right to complain to the Information Commissioner’s Office.

11. Security

11.1 Data security is of great importance to the organisation and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the data we hold in accordance with the eight principles of the data protection legislation.

12. Cookies

12.1 This website may place and access certain cookies on your computer.  The organisation uses cookies to improve your experience of using the website and to improve our range of products and services.  The organisation has carefully chosen these cookies and has taken steps to ensure that your privacy is protected and respected at all times.

12.2 All cookies used by this website are used in accordance with current UK and EU cookie law.

12.3 Before the website places any cookies on your computer, subject to sub-clause 12.4 sub-clause 12.7, you will be presented with a pop-up message requesting your consent to set those cookies.  By giving your consent to the placing of cookies you are enabling the organisation to provide the best possible experience and service to you.

12.4 Certain features of the website depend upon cookies to function.  UK and EU cookie law deems these cookies to be “strictly necessary”.  These cookies are shown below.  Your consent will not be sought to place these cookies.  You may still block these cookies by changing your internet browser’s settings as detailed below.

12.5 This website places the following cookies:

12.6 This website uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how users use the website. This, in turn, enables us to improve the website and the products and / or services offered through it. You do not have to allow us to use these cookies, as detailed below, however whilst our use of them does not pose any risk to your privacy or your safe use of the website it does enable us to continually improve our business.

12.7 The analytics services used by this website use cookies to gather the required information. Certain of these cookies may be placed immediately when you decide to visit the website and it may not be possible to obtain your prior consent. You may remove these cookies and prevent future use of them by following the steps set out below.

12.8 The analytics services used by this website use the following cookies:

12.9 You can choose to enable or disable cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser.

12.10 You can choose to delete cookies at any time however you may lose any information that enables you to access the website more quickly and efficiently including, but not limited to, personalisation settings.

12.11 It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

13. Changes to this Policy

The organisation reserves the right to change this policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the terms of the policy on your first use of the website following the alterations.