Definition of Key Terms in this Policy
Site: The website at http://www.pavemint.com and any and all sub-domains constitute the Site. The Site is owned, operated and maintained by Pavemint and its affiliates.
App: The mobile platform of the Site refers to the App, which is currently an application of the Site available for use on Android and iOS mobile devices.
Services: The Site, the App, and all other Pavemint services (including, but not limited to, any other software, services and all representations of the Site and/or the App, whether in online, mobile and/or other technology or digital platforms, as applicable) are collectively and together, referred to herein as the Services. Pavemint does not guarantee or promise any User that the Services will remain accessible or operational in the future nor for warrant accessibility of the Services any particular duration of time.
User: Any individual (whether registered or not) who is in contact with, or uses, the Services.
Registered User: Any individual who has: (1) used or made contact with the Services, (2) provided the required information, and (3) completed the required steps necessary to create a user account.
Host: Any Registered User who has created and published a Listing in the Services. A Host may include, without limitation, the owner or renter of a Property as well their respective employees, agents and authorized representatives.
Guest: Any Registered User who uses the Services to: (a) seek parking space, (b) request use of a parking space, (c) complete an exchange of funds with a Host for use of a Listing.
Property: Real property which has been input into the Services at the request of a Host.
Listing: Property that is offered by a Host for use to a Guest.
Use of Services
In general, you can visit the online version of the Site through traditional Internet access (including, but not limited to, via a desktop computer, laptop or smartphone) directly to the Site and view certain basic content while remaining anonymous by not providing any personal information; provided, however, we do collect your IP address and cookie information. The Site may also collect non-personally identifiable information that becomes available to us as a result of your visit to our Site. This information includes, for example, your IP address (a number automatically assigned to your computer when you visit the Site, and which is logged by our servers) your Internet Service Provider (“ISP”), your web browser, the type of operating system, the domain name of the website which links you to our Site and the pages you visited while you were using the Site.
Generally, in order to use the App, you must become a User. The App provides very limited access to any Services through the App until you become a User. In the event that you want to visit the mobile version of the Site through mobile phone devices that access directly to the Site using Internet technology access (in lieu of using the App), the paragraph immediately above regarding online access applies. We may also obtain for any Users of the App or mobile Users of the Site basic information about you, such as (without limitation) your resettable mobile device ID (such as the ID for Advertising on iOS and Android ID on Android) and also your geo-location information so that we can interact with you in order to provide geo-specific information. For App users, your IP address serves the same function as for Site users.
We may use any of the information listed above, whether provided to us through the Site or the App by registered and unregistered users, to help us to diagnose Site and App problems and performance, analyze trends regarding the Services, customize your experience on the Site or the App, provide targeted information about Pavemint to users, and to better administer and operate the Site and App.
Your Privacy Rights
We are not required to comply with the California Consumer Privacy Act of 2018, effective in 2000 (“CCPA”). However, we believe that prudence in our operations and respect for the privacy of our users dictate that we make an attempt to nevertheless follow the spirit of the CCPA and many of its requirements. As such, this entire section entitled “Your Privacy Rights” which follows below in several sub-sections (Our Disclosure Duties; What We Must Disclose; Right to Request Deletion; and Exercising Your Rights) is modeled after the CCPA.
What We Must Disclose: If you exercise your rights under “Our Disclosure Duties” directly above and request that we disclose to you the personal information that we collect, we are required to disclose the following to you: (1) the categories of personal information we have collected about you; (2) the categories of sources from which the personal information is collected; (3) the business or commercial purpose for collecting or selling personal information; (4) the categories of third parties with whom we share personal information; and (5) the specific pieces of personal information we have collected about you. However, the foregoing provisions do not require us to retain any personal information collected for a single, one-time transaction, if, in the ordinary course of business, that information about the consumer is not retained, or to reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information.
Right to Request Deletion: You have the right to request that we delete any personal information about you which we have collected from you. If receive a verifiable request from you to delete your personal information, we will delete your personal information from our records and direct any service providers that we work with to also delete your personal information from their respective records. Notwithstanding the foregoing, neither we nor other service providers are your request to delete your personal information if it is necessary for us or the service provider to maintain your personal information in order to: (1) complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech, ensure the right of another user to exercise that user’s right of free speech, or exercise another right provided for by applicable law; (5) comply with the provisions of applicable state or federal law; (6) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, if the information is likely to render impossible or seriously impair the achievement of such research, but only if you previously provided us with your informed consent; (7) enable solely internal uses that are reasonably aligned with the expectations of a user based on the user’s relationship us; (8) comply with a legal obligation; or (9) otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information to us.
Exercising Your Rights: To exercise any of your privacy rights noted herein and to submit a formal request regarding your privacy, you may contact us in one of following methods: (1) via e-mail at the following address email@example.com; (2) by calling us at the following telephone number (713) 543-1645; and (3) if you are a User with a registered account, by submitting your request through your online account. If you submit a verifiable request using one of these means, we will typically disclose and deliver the required information to you free of charge within 45 days of receiving your request. Please note that we may need to take certain steps to verify your request and authenticate you. In addition, if we deem it reasonably necessary in order to verify and fulfill your request, we may also (with prior notice to you) extend that 45-day period by an additional 45 days (90 days maximum total) in order to meet our disclosure obligations to you. The disclosure, when made, will cover the prior 12-month period from the date that we received your request and follow the guidelines listed above in the section “Our Disclosure Duties”
The PII That We Collect
In the course of using the Services, you may provide us with “Personally Identifiable Information” about you. This term refers to information about you that can be used to contact or identify you, and information on your use of, and activities through, our Services that may be connected with you (“PII”). PII that we collect may include, but is not limited to, your first and last name, password, mobile number, physical address and phone number, email address, employment information billing information, bank information, credit and debit card information, financial information, driver license details, vehicle information including (without limitation) license plate number, car registration, automobile details, driving history, all details regarding any transaction you make using the Services, all information about any action you take using the Services and any other information that is voluntarily given to us by you and permitted for us to collect from you under existing privacy laws. PII may also include, without limitation, information that you supply to us concerning your location, preferences, and interests as expressed in the course of your use of the Services. It is not compulsory that you provide any of the above information; however, if you choose not to do so, you will not be able to register as a user of the Services and you will not have access to certain information, features and capabilities to conduct transactions with Pavemint or our Users.
Log Data: Our servers automatically record information about how Users (both account holders and non-account holders) use our Services. This information, referred to as “Log Data,” may include, but is not limited to, your computer’s Internet Protocol address, browser type, operating system, the web page you were visiting before you accessed our Services, the pages or features of our Services that you browsed and the time spent on those pages or features, search terms, the links on our Services that you clicked, and statistics related to your use of the Services. We use Log Data to administer the Services and to analyze (or have third parties analyze) the Log Data to improve, customize, and enhance our Services by expanding their features and functionality and tailoring them to our users’ needs and preferences.
Web Beacons: “Web Beacons” (also known as clear gifs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including (without limitation) to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Location Information: When you use the Services, we may collect and store information about your location by converting your IP address into a geographic location, or by accessing your device’s GPS coordinates or course location if you enable location services on your device. We may use location information to improve and personalize our Services for you. You may opt to not allow us to use your device’s location, but doing so may prevent you from being able to use some or all features provided by the Services.
Billing and Payment Information: As a Registered User of the Services, you may be asked to enter billing information (Payment Info) in the form of a Venmo account, Apply Pay account, PayPal account, credit or debit card, or other payment method, in order to transact with other Users. You may also be asked to connect your Venmo, PayPal, or bank account in order to receive payment for use of your parking space (Payout Info). You are not required to enter any financial information at any time, but you will not have the ability to transact with other Users or collect funds owed to you until such time as you have input the financial information requisite to the task you are attempting to perform. We will inform you when further financial information or other data points are required and request that you provide the needed data at that time.
Payment Processing: You consent to the transfer, collection and storage of all bank account information and credit/debit card information (Payment Info and Payout Info) to and by our payment processor partner, Braintree, for payment transaction purposes. Further information about measures taken by Braintree to keep your information safe and secure can be found at the Braintree website at the following URL address: https://www.braintreepayments.com/products-and-features/data-security.
Other Features and Transactions: We do not intend to store credit/debit card information or bank account information on our servers. However, we do have the capability to re-utilize your payment and billing information after you have completed a transaction using the Services. These capabilities allow us to process special transactions and other features, such as recurring reservations, cancellation fees, penalty fees, and other transactions, as explained in our terms of services and cancellation policies. These policies are in place to ensure that the Services perform adequately and maintain their value for all Users.
Vehicle Data: In order to reserve parking space on your behalf and facilitate transactions between Guests and Hosts, we will request data regarding your vehicle, including, but not limited to, the make, model, color, year, and license plate number. We will not make your license plate number publicly visible in our Services.
Listing Data: In order to become a Host, you will be required to create a Listing. In order to create and publish a Listing through the Services you, will be required input information into the Services that is specific to that Listing, including, but not limited to, Property address, Property type, business name, business type, Property features, and hours of operation.
User Ratings: The Services provides a means for other Registered Users to rate your performance and behavior as a Host or Guest. We will aggregate, store and use this information. You agree that we have the unrestricted right and sole discretion as to any and all use, publish, display or disclosure of such information.
Marketing Offers: From time to time, we may choose to market, advertise and inform you about products and services offered directly by us or by any entity with which we have a business relationship. This marketing information and these advertising communications may come to you in the form of email, mobile messaging, telephone contact, or direct postal mail, depending upon the preferences which you indicate to us within your account. If you decide at any time that you no longer wish to receive such information, please follow the instructions provided in any of the communications or update your “user settings” in the Site or App. (See “Changing or Deleting Information,” below.).
Use and Access of Your Information
We use and access your information as explained above in “The PII That We Collect” in many ways. Your information may also be disclosed to: (a) our employees, agents, representatives, advisors, affiliates and independent contractors, in connection with their performance of the Services for or on behalf of Pavemint; and (b) service providers who help us with our business operations, sales and marketing, information technology or professional services. We will take commercially reasonable measures to ensure that your information collected, used, disclosed or otherwise processed by any of the aforementioned parties for us or on our behalf is protected and not used or disclosed for unauthorized purposes.
We do not generally sell, trade, or otherwise transfer to outside parties your personal information. However, the preceding statement does not apply to trusted third parties who assist us in operating or deliver Services, conducting our business, or in providing Services, so long as those third parties agree to keep this information private in the same manner. For example, and without limitation, the Company may freely disclose your personal information to third party service providers under conditions of privacy in order to administer our Services or to improve the functionality of our Services. These third-party service providers may include (without limitation) auditors, hosting providers, Internet Service Providers, software providers, information technology service providers, server and data providers, and e-mail services.
In general, we also use and allow access to your personal information for the following purposes: (a) identification; (b) establishment and maintenance of our relationship with you, (c) to provide you with ongoing information, news, publications and information, to request publications or other information from us, sign up for newsletters, participate in user posting areas (such as bulletin boards, discussion forums, and surveys); (d) marketing purposes, such as your Site activity, browsing and usage information and/or your demographic information that you may have voluntarily provided to us, in order to better tailor our marketing activities and to implement and maintain loyalty programs; (e) providing information to third-party administrators or other providers necessary to optimize operation of the Services; (f) maintaining business records for reasonable periods, and generally managing and administering our business; (g) meeting applicable legal, regulatory, insurance, security and processing requirements and court or administrative orders; and (h) in connection with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of the Company or our business or assets, including (without limitation) for the purposes of permitting counter-parties to determine whether or not to proceed or continue with any such transaction; and (i) otherwise with your consent or as permitted or required by applicable law, rule or regulation.
Further information regarding the specific rules and procedures that we follow regarding your information is set forth in the detailed section entitled “Information Sharing and Disclosure” which is directly below.
Information Sharing and Disclosure
Information We Disclose with Your Consent or at Your Request: We will display portions of your PII in your profile page and elsewhere through the Services according to the preferences you set in your account. Any information you choose to provide should reflect how much you want Pavemint and all Users to know about you. We will also share your PII with third-party sites or platforms, such as (without limitation) social networking sites, if you have requested that we do so.
Information Shared to Facilitate Transactions on Your Behalf: If you utilize the Services to request a parking reservation with a Host, then we will share specific data points and PII about you with the specific Host from which you have requested a reservation. If you publish your Listing using the Services in order to begin accepting parking reservations, then we will share specific data points and PII about your Listing with any prospective Guest who searches for available parking in the area of your Listing.
Information Shared with Other Users: Data shared with other Users may include, but is not limited to, past user ratings, Listing address, Property features, and hours, vehicle, make, model, year, and color. Your financial information will not be initially shared with, or made visible to, other Users. You license plate number will never be shared with public viewing, but may be used as a blind verification tool. (example: a Host sees your car on his/her Listing property and wants to verify that you are a Guest with an approved reservation. The Host may enter your plate number and the Services will compare their entry to your plate number and inform them whether it is a match or not.)
Information Shared with Services Providers and Analysts: We may engage third-party services providers to work with us to administer and provide the Services. These third-party services providers may have access to your PII only for the purpose of performing services on our behalf and are expressly obligated by agreement, statute and/or applicable regulations not to disclose or use your PII for any other purpose. We may also choose to share aggregated information and non-identifying information with third parties for purposes that include, but are not limited to, industry research and analysis, demographic profiling, and other similar purposes.
Information Disclosed in Connection with Business Transactions: Information that we collect from our Users, including PII, is considered to be a business asset. As a result, if we go out of business, enter bankruptcy, or are acquired as a result of a transaction such as a merger, acquisition, or asset sale, your PII may be disclosed or transferred to a third-party without your consent in connection with such transaction(s). In such an event, we will take the steps that we deem to be reasonably appropriate in order to ensure that your privacy rights remain reasonably protected.
Information Disclosed to Protect Us and Others: We cooperate with government and law enforcement officials or private parties to enforce and comply with applicable law. We may disclose any personal information about you, without your approval, to government or law enforcement officials, or private parties as we, in our sole discretion, believe necessary or appropriate to: (a) respond to legal claims, or to comply with the legal process (including, but not limited to, subpoenas and lawful discovery requests); (b) protect our property, rights and safety, and the property, rights, and safety of a third party, or of the public in general; (c) stop any activity that we consider illegal, dangerous, obscene, inflammatory, disrespectful, unethical, or legally questionable; or (d) safeguard our interests or that of a third party in the event of a breach of this Policy or violation of our terms of service.
Changing or Deleting Your Information
All Registered Users may review, update, correct, or delete the PII provided in their registration or account profile by contacting us at Hello@Pavemint.com or by changing their user profile information. If you completely delete all such information, then your account may become deactivated. We may nevertheless keep a copy of your account information for our records, to the extent permitted by applicable law. In such case, we may choose to keep any and all of your information on hand for as long as permitted by applicable law and for any and all of the purposes described herein.
E-mail and Text Communications
We may, from time to time, choose to communicate by email or text message with Users. Any costs of text messages are borne solely by the User alone and are not our responsibility nor are we liable for costs incurred by Users from their phone companies or mobile service providers (messaging rates vary across mobile platforms; please consult with your phone carrier or service provider regarding costs).
Each User is deemed to consent to receiving periodic email, text and other electronic or digital messages from us, unless the User has expressed a desire to unsubscribe and not receive such messages. The email or text messages may include, without limitation, information and advertisements from us and our partners. We will generally not share, sell or market the email addresses or other collected personal information of Users to third parties other than as has already been set forth herein.
You may also be given an opportunity to subscribe to certain e-mails or text messages from us. If you opt-in to receive our marketing email or text messages, we may send you related news, surveys or promotions. If you do not want to receive text alerts or marketing emails from us, please click the unsubscribe link in the bottom of the unwanted email or text message and/or notify us that you no longer want to receive e-mails or text messages from us.
You may also unsubscribe from any mailing lists or newsletter or publication registrations, or otherwise from receiving messages or electronic mail from Pavemint, through instructions provided on the Site, the App or in emails or messages from us, or by directly contacting us and expressing your desire to unsubscribe, or clicking on links on the Site, the App or in electronic mails or messages that allow you to unsubscribe from future emails or text messages.
Security and Storage
We take commercially reasonable administrative, physical, and electronic measures designed to safeguard and protect the information that we collect from or about you (including your PII) from unauthorized access, use, or disclosure. We endeavor to keep your information safe from unauthorized access, use or disclosure by using security measures that are commercially reasonable and appropriate for a company and website or application of our scope and size in our industry. Despite these precautions, Pavemint cannot guarantee that (a) unauthorized persons will not obtain access to your information or (b) your information will not be improperly used or disclosed to yours or another party’s detriment.
Please be aware that no method of transmitting information over the Internet or mobile platforms or for digitally storing information is completely secure and failsafe. Accordingly, we cannot guarantee the absolute security of any of your information. By agreeing to our terms of services, you agree, among other things as discussed therein, to indemnify and hold Pavemint and any affiliated entities harmless, in the event that your PII is improperly accessed, used, disseminated or corrupted by an unauthorized party as a result of using the Services.
We store the information that we collect from you in the United States. If you are located outside the United States and choose to use our Services, we may store and process the information you provide to us in the United States.
Third-Party Links or Applications
The Services may contain links and pointers to Internet or other websites or mobile applications maintained by third parties. Pavemint does not operate or control any information, products or services on such third-party sites. Third-party links and pointers are included solely for the convenience of Users and do not constitute any endorsement or verification thereof by us. You expressly agree to assume sole responsibility for use and access of third party links and pointers.
Third Party Relationships
We often refer to third party entities who work closely with us as “partners” although the use of that term should not be construed so as to imply or ascribe any form of a general or limited partnership. Rather, we use the term “partner” when referring to strategic commercial relationships or businesses with which we are working together to solve a key business problem applicable to our operations. The term “partner” is thus used in the colloquial sense of a strategic or commercial business partner, not a legal term to connote a general or limited partnership.
Our Policy Regarding Children
Protecting the privacy of children is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and other applicable laws. We recommend that children ask a parent for permission before sending any personal information anywhere using the Internet or a mobile or other electronic device.
The Services are meant for adults over the age of 18 to use the Site. The Services are not directed to children under the age of 18.
Pavemint does not attempt to, or knowingly ask for or, collect, personal information from any person under the age of 16 (without permission from a parent or guardian). If a parent or guardian becomes aware that his or her child has provided us with PII without their consent, he or she should contact us at Hello@Pavemint.com. If we become aware that a child under 16 has provided us with PII, we will delete such information from our files.
Pavemint may, in its sole and absolute discretion, modify or change any or every aspect of the Policy at any time (for any reason or no reason), effective upon posting such modifications or changes (or a revised version of this Policy incorporating such modifications or changes therein) on or through the Site or the App. Your continued use of the Services after any such modifications or changes are posted will constitute your complete and unequivocal acceptance of such any modifications or changes to the Policy. We may also choose, at our sole discretion, to notify you of any major changes to this Policy by email or other means (in addition to posting the updated Policy on the Site).
Pavemint also reserves the right, but has no obligation whatsoever, to modify or change the Policy as it applies to any specific User, provided that any and all such special modifications must be in writing and signed by and between Pavemint and the applicable User. Any specialized modifications so made shall apply exclusively and only to the User that is a party to such written agreement.
Severability; Compliance with Applicable Law(s)
If any provision of this Policy is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. Such provision shall also not nullify or revoke the remaining provisions of this Policy, all of which shall remain in full force and effect.
Pavemint intends to comply with all applicable laws, rules and regulations that apply to its business and operations, including (without limitation) in the area of privacy. Therefore, the Policy shall be interpreted so as to comply with all applicable federal and state privacy laws in the United States. To the extent that past, currently pending or future legislation requires changes or modifications to this Policy at any time, any provisions of this Policy in conflict thereof shall be deemed superseded by applicable law and this Policy deemed to be automatically modified so as to render it in compliance with all pertinent privacy, laws, rules and regulations at all applicable times.
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