Propark Mobility’s Privacy Policy as it relates to Automated License Plate Recognition Readers (ALPRs) and California Civil Code 1798.90.51 et seq. is as follows:
What ALPR Is:
Automated License Plate Recognition technology, also known as ALPR System or ALPR, employs cameras and diverse procedures to record and save digital images of vehicle license plates. It employs character recognition algorithms to recognize characters on license plates. The ALPR System generates a searchable computerized database by gathering data through fixed and/or mobile cameras positioned at different sites. ALPR System information, referred to as ALPR Data, encompasses details such as license
plate numbers, along with the date, time, and location of when the image or information was acquired.
Purpose and Scope:
This Privacy Policy pertains only to Propark Mobility’s (“Propark”) interaction with and use of the ALPR System that is deployed at parking locations that Propark manages, including Propark data practices relevant to the ALPR Data that is within Propark’s possession or control. The purpose of this privacy policy is to ensure that the collection, use, maintenance, sharing and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties and to comply with the provisions of
California Civil Code Section 1798.90.51 et seq. This policy is available to members of the public, in writing, upon request to Propark.
Administration:
Some Propark locations use automated license plate recognition technology. The automated license plate recognition technology system shall be used for lawful purposes, including but not limited to: (i) Enforcing applicable parking rules and regulations; (ii) To cooperate with and/or respond to inquiries from law enforcement agencies, other governing agencies, subpoenas, court orders, or other legal proceedings. (iii) To enable the rapid identification of vehicles in support of parking operations and compliance activities. (iv) To supplement or replace proximity access cards and permit stickers to grant location entry to subscription permit holders and to facilitate a more efficient and expedient location exit. All access to, and retention of, ALPR data shall be managed by Propark’s Chief Operations Officer or his designee.
- Propark’s Chief Operations Officer or his designee shall be responsible for the monitoring of the ALPR system accessed by Propark to ensure the security of the information and compliance with applicable privacy laws. Propark’s Chief Operations Officer or his designee shall also be responsible for the correction of data errors of which he becomes aware. ALPR system audits shall be conducted on a regular basis.
- Propark’s Chief Operations Officer or his designee shall ensure that only authorized personnel with a legitimate business need shall be granted access to ALPR data in Propark’s possession.
- Authorized personnel include:
- Lot checkers – When conducting vehicle inventories, it is necessary for lot checkers to review and enter license plate information into the onboard computerized ALPR system.
Lot checkers must verify all images being recorded are accurate. - Office Coordinators – When assisting cashiers with lost ticket transactions, it is necessary for office coordinators to retrieve the entry date for the vehicle by running the license plate through the Parking Access and Revenue Control System (PARCS) in order to assist the cashier with charging the customer the correct amount.
- Supervisors – Supervisors cover for office coordinators and run reports on a regular basis in order to flag possibly abandoned vehicles. Supervisors also use the inventory numbers to calibrate the lot counts in PARCS on a nightly basis. Supervisors will also call in and request vehicle location information from the office coordinator when assisting lost customers with finding their vehicles.
- Managers – Managers cover for supervisors and office coordinators. Additionally, managers are responsible for handling inquiries made by law enforcement agencies.
- Auditors – Auditors have access to all facets of the PARCS reporting portal. This is necessary to ensure all revenues are being properly captured and recorded and that there is
no manipulation of the system. Specifically, auditors will confirm the correct parking fee was assessed for all lost ticket transactions by reviewing the entry date first-hand in the PARCS. - Maintenance Technicians – HUB and SAS maintenance technicians provide service and maintenance to the PARCS system and have access to all reports within the system.
Security:
Security: Propark uses administrative, operational, technical and physical safeguards to protect the ALPR System and ALPR Data from unauthorized access, use, destruction, modification or disclosure including implementing the following safeguards:
– Administrative: Username and password-protected access to the ALPR System. The system shall document in a separate log all information access by username, including the date and time of access, the data elements used to query the ALPR System, the organization or entity with whom the username is associated or affiliated with, what ALPR Data was accessed and the purpose for accessing the data. In addition, the database usage shall be monitored and audited.
– Operational: Training our authorized users on proper use and secure practices when using ALPR Data and the ALPR System and its database and taking steps to ensure that others who are designated as authorized users to be given access to the ALPR System and ALPR Data follow the requirements of this Policy including applicable law.
– Physical: All network equipment and servers containing sensitive data are maintained and accessed only by authorized personnel. This includes the secure storage of computers with access to the database.
– Technical: All information is encrypted to protect any personally identifiable information. The ALPR System workstations and servers shall be updated with the latest security patches on a regular basis. Antivirus protection will be utilized, and log files will be periodically reviewed. The ALPR Data shall be secured, encrypted, and backed up regularly.
In the very unlikely event of a data breach that constitutes a violation of any applicable law, proper data breach notifications will be made in accordance with applicable law.
Training:
All personnel with access undergo training on proper use and handling of ALPR data in order to safeguard customer privacy and comply with applicable laws. The training may include education about applicable laws, education about how to operate the equipment, and education about how to safeguard information and ALPR data. The Chief Operation Officer or his designee will monitor querying activity via electronic logs to ensure searches are tied to legitimate transactions and other aforementioned business needs.
Storage and Distribution:
The sale and unauthorized dissemination of customer license plate information is strictly prohibited by company policy. Violations will include disciplinary action up to and including termination of employment. The Chief Operation Officer shall develop, implement, and monitor the process for and restrictions upon the sharing or transfer of ALPR information to other persons. The process for sharing or transfer of ALPR information shall, at a minimum, include:
- a written request is made for ALPR data which includes: the name of the entity requesting information; the name of the person requesting; and the intended purpose of obtaining the information;
2. the request is reviewed by The Chief Operations Officer or his designee;
3. The approved request is retained on file;
The Chief Operations Officer or his designee is responsible for ensuring all locations are operating the ALPR system within the parameters of the law. License plate information collecting using the ALPR system will remain on file for a period of no longer than 45 days and shall be automatically purged from the ALPR system upon the expiration of this period, unless it is involved in a citation, enforcement action, open lawsuit, a lawsuit ongoing investigation, to be used as evidence in any action, or as required by court order.
ALPR system audits shall be conducted on a regular basis.
Changes to This Policy:
This policy pertains to data collected by ALPRs. Propark reserves the right to update this policy to account for new Propark company-wide or facility specific policies and procedures and/or new changes in the law. Changes to this policy will posted on the Propark Mobility Website, will take effect upon posting, and will apply to all ALPR information regardless of when collected, to the extent permitted by applicable law.
MANDATORY CONSUMER ARBITRATION AGREEMENT:
THIS POLICY INCLUDES THE FOLLOWING MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE CONSUMER DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, WHICH LIMITS YOUR REMEDIES IN THE EVENT OF A DISPUTE ARISING FROM THIS POLICY. YOU (OR “YOUR”) AND PRO PARK MOBILITY INCLUDING ITS AFFILIATES (COLLECTIVELY
“PROPARK”) EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. YOU AND PROPARK AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS POLICY, OR INVOLVING ANY SERVICES OF PROPARK OR PARKING FACILITIES THAT PROPARK MAY SERVICE. YOU AND PROPARK AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Arbitration Agreement is to be broadly interpreted and applies to (i) all claims based in contract, tort, statute, or any other legal
theory; (ii) all claims You may bring against PROPARK, its employees, officers, directors, agents, affiliates or representatives; and all claims that PROPARK may bring against You. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR ACCEPTANCE OF OUR POLICY BY REGISTERED MAIL RETURN RECEIPT REQUESTED to PROPARK at One Union Place, Hartford, CT 06103 Attn: Legal Department/Courtney Keany. Include your name, address, and a clear statement that you do not agree to this Mandatory Arbitration Agreement.
You and PROPARK shall each be deemed a “party” and collectively “parties.”
a. Procedure. A party must send a written Notice of Dispute (“Notice”) describing
1. the nature and basis of the claim;
2. the relief sought, to the other party; and
3. the contact information of the complaining party.
The notice to PROPARK should be addressed to: Legal Department/Courtney Keany, PROPARK One Union Place, Hartford, CT 06103 (“Notice Address”). If PROPARK and You do not resolve the claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Arbitration Agreement, however, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The AAA rules are available online at www.adr.org (https://www.adr.org/Rules). The arbitration will be confidential and hearings will take place in the federal judicial district of the Parking Facility location that is involved with Your claim.
- Arbitrator’s Authority: The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Agreement, including whether it is void. You and PROPARK agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual claim.
- Arbitration Costs: You will be responsible for Your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees You would incur if the claims were filed in court. You are responsible for all other costs/fees that You incur in arbitration, e.g., fees for attorneys, expert witnesses, etc. You will not be required to reimburse PROPARK for any fees unless the arbitrator finds that the substance of Your claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and PROPARK may seek reasonable attorney’s fees. PROPARK will pay all fees and costs it is required by law to pay.
- Governing Law and Enforcement: This Arbitration Agreement is governed by the Federal Arbitration Act, 91 U.S.C. §§ 1 et seq. (“FAA”). In any arbitration under this Arbitration Agreement, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objection with respect to the existence, scope or validity of this Arbitration Agreement. If any portion of this Arbitration Agreement is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Arbitration Agreement shall remain in full force and effect except that if the class or collective action waiver provision is deemed unenforceable, any class or collective action claim(s) must proceed in a court of competent jurisdiction.