TERMS AND CONDITIONS OF USE OF THE UNIPARK APP
The Unipark App (hereinafter referred to as the App) is a convenient way to pay for parking services at Unipark and other private parking lots, as well as in urban areas where Local Fees are levied. The Local Fees for the use of paid parking spaces is a mandatory fee for car users/drivers established by the decision of the city council, applied in the city territory. By using the App, you agree to be bound by the following Terms and Conditions of use of the App and confirm to follow them.
The App is allowed to identify your telephone number and your location using the global positioning system. To use the App, you need to connect your mobile device to Wi-Fi or have a mobile internet connection turned on. Therefore, the App can use data that is charged at your mobile operator’s rates.
I. THE OWNER OF THE APP
All intellectual property rights and copyright to the App belong to UNIPARK JSC, entity code: 302693645, VAT payer’s code: LT100009885910, address: Konstitucijos pr. 29, 08105 Vilnius, telephone + 370 700 77 877, email: firstname.lastname@example.org, website: www.unipark.lt (hereinafter referred to as the App Developer).
As a user of the App, the Owner grants you the right to use the App, including any changes or updates thereto, only for the purpose of paying the Fee for the services provided in the App. The user of the App is prohibited from changing, decompiling, modifying, and developing derivative works from the App, copying it to other devices, distributing or using the data contained therein for other purposes. The source code of the App shall not be provided to the user of the App and no copyright shall be transferred. The Owner of the App reserves the right, without prior notice, to change the design, functionality, update the information, or to prohibit the use of the App indefinitely if you violate the rules of use.
You can submit a request/complaint regarding the service purchased in our app to the State Consumer Rights Protection Authority (Vilniaus str. 25, 01402 Vilnius, e-mail email@example.com, tel. 8 5 262 67 51, fax. (8 5) 279 14 66, website www.vvtat.lt), as well as to the territorial divisions of the State Consumer Rights Protection Authority in the counties or fill in the application form on the EDR platform http://ec.europa.eu/odr/
1. YOUR DATA CONTROLLER
1.1. When you use the App and pay for parking services in Lithuania (i.e. by concluding a contract for the provision of parking services), your personal data is controlled by Stova JSC, entity code: 302299725, address: Konstitucijos pr. 29, 08105 Vilnius (hereinafter referred to as the Data Controller).
1.2. Please note that you can use the App in different countries. Therefore, your Data Controller depends on the Country in which you use the parking services, i.e. the country selected in the App. Thus, when selecting a country to use the service, make sure to read the Terms and Conditions and privacy provisions of the specific data controller, as they may differ.
1.3. The app is (ought to be) active at the time of using the parking service.
1.4. In the event that the location data of the App User has changed during the use of the App (Vehicle parking service) and the speed of the change in location data is greater than 20 (twenty) kilometers per hour, the App shall provide the App User with the following notifications:
a) the location of the App user has changed, your parking is still active, maybe you want to stop it? or
b) Your parking is still active. Maybe you want to stop it?
The notification shall be accompanied by an opportunity for the App user to express his will to leave the parking service active or to stop the service.
1.5. The notifications referred to in point 1.4 of the Rules shall be provided to the App user both when the App is open on a smart device and when the App is in standby mode.
2. PURPOSE OF PROCESSING AND PROCESSING OF PERSONAL DATA
2.1. In order to provide you with the opportunity to order parking services in the administered parking lots and/or areas and pay for them using the App, the Data Controller shall collect and process your personal data provided in the table.
|Data category:||Data type:|
|Identification data:||Vehicle state plate number.|
|Smart Device ID.|
|Location data:||If you agree, we will be able to see the location of your Mobile Device at the time of ordering the Service.|
|Vehicle parking location (i.e. the location of the parking lot and/or area selected by you).|
|Date and time data:||Vehicle parking time (i.e. exact start and end dates of parking and parking time).|
|Payment details:||Selected payment method (i.e. by bank payment/payment by credit card or mobile operator, or under the contract).|
|When selecting a bank payment/payment by credit card payment, the data of the attached card/cards is additionally collected (name, surname, number, expiration date, and security code indicated on the card)*.|
|When you select paying by a mobile operator, an additional telephone number of a mobile operator should be dialled.
When you choose to pay through bank account, the details of the selected bank account (s) are additionally collected (bank account number), as well as data necessary for authentication of the bank account (identification code and/or personal number) **;
|When you select to pay under the contract, the data of the concluded contract/contracts (i.e. name, surname, personal identification number, address, email, telephone and other Terms and Conditions of the contract) are additionally processed.|
2.3. The App is the property of the App developer. All rights to the App and the works contained therein are reserved. The content of the App or the information contained in the App may not be reproduced in any form, made publicly available, distributed and/or otherwise used. All trademarks appearing in the App are the property of the App Developer or are used lawfully by the App Developer. The App Developer shall have the right, including but not limited to: a) to prohibit a user of the App from using the App; b) to change the design of the App or any other information used or displayed in the App.
2.4. *Please be informed that when you add (‘Save’) a bank/credit card to the App, this card shall first be authorised (i.e. the validity of the card is checked) and if the authorisation is successful, then you shall be allowed to pay for parking services by automatically deducting the parking fee from the added card. Please note that the direct debit scanning model (‘Plugin’) installed in the App, according to which the data of your bank/credit card added to the App (‘Saved’), such as card number, expiration date, and security code, shall be transferred directly to the payment service provider, therefore in this case neither the Data Controller nor the Owner of the App shall process (i.e. receive, see or store) the said data in their systems. The Data Controller only receives your payment transaction data, such as transaction information, card information used for the transaction and card holder identification, together with your payment for the services provided.
2.5 ** Please be informed that in order to add your bank account in the App as a payment method, this account will first be authorised and you will be asked to log in to your bank account using one of the following methods (e.g. (1) “Smart-ID”; (2) generator/card; (3) Mobile signature). After logging in to your bank and selecting the desired account, you will receive a notification about the successful addition of the account. Please note that the bank account added in the App will be active only for 90 days, so at the end of this period, you will need to update the account in order to continue using this payment method. In addition, when paying for parking in this way, your bank may request confirmation of the payment made in one of the served ways. We would like to note, that the App has a direct bank settlement model (“Plugin”), which adds your (“Saved”) bank account details (e.g. bank account number, identification code, personal code), which are transferred directly to the used payment service provider only at the moment of initiation of the payment, therefore in this case neither the Data controller nor the App owner manages the above data in his system (i.e. does not receive, does not see or store). The Data controller receives your payment transaction data (e.g. transaction information, information about the bank account used for the transaction and the identification of the cardholder) only in conjunction with your payment for the services rendered
2.6. Even More, we only receive/process your personal data when you start and end your use of the car park and/or area (including the entire period of use). However, when you do not use the parking services (regardless of whether you have the App installed or not), we do not collect your personal data, i. e. personal data entered in the App is stored only on your smart device and is not processed (received, visible, used, etc.) in Data Controller’s systems.
3. METHOD OF DATA ACQUISITION
3.1. Directly from you when you use our parking services, i. y. when ordering and/or paying for parking services using the App.
4. USE OF DATA
4.1. We use the state vehicle number to identify a customer (i.e. the vehicle) who wants to park in the parking lots and/or areas we administer.
4.2. We use the Smart Device ID to identify the user (user’s device) during the execution of the service and to ensure communication with the App (i.e. to ensure the provision of uninterrupted services).
4.3. We use mobile device (GPS) location data and vehicle parking location data (location of the parking lot and/or area) to determine/ascertain in which parking lot and/or area you park and apply the appropriate service fee.
4.4. We use the parking time data of the vehicle to calculate the parking time and estimate the price of the service provided to you accordingly.
4.5. We shall use the selected payment method and payment data to collect/receive payment for the services and/or issue an invoice for payment accordingly.
5. TERMS AND CONDITIONS AND DEADLINES OF LAWFULNESS OF PROCESSING
5.1. When you provide your personal data and order parking services, a service provision contract is concluded between you and the Data Controller, therefore we process your personal data in accordance with Article 6 (1) (b) of the Regulation, i.e. the processing of personal data is necessary for the performance of a contract to which the data subject is party or in order to take action at the request of the data subject prior to the conclusion of the contract.
5.2. Upon fulfilment of the contract of service provision concluded with the Data Controller, i. e. when ordering a parking space and paying for the services provided, we shall comply with the obligations imposed on us by law and keep this contract and/or evidence confirming it. Therefore, we store your personal data in accordance with Article 6 (1) (c) of the Regulation, i.e. data processing is necessary to comply with applicable legal obligations (laid down in European Union and/or national law).
5.3. Therefore, we process the contracts concluded with you and/or the evidence confirming this (including the specified personal data) the entire term of the contract and store them for 10 years from the expiration of this contract (execution of the last order).
6. TRANSFER OF DATA
6.1. In order to ensure the proper functioning of the App and the quality of the services provided, we can transfer your personal data to third parties assisting Us in administering the App and/or providing the Services. Such persons can be the Owner of the App (UNIPARK JSC), developers, IT service companies, mobile operators, payment service providers, marketing service companies, providers of parking and parking-related services, etc.
6.2. The data can also be transferred to the competent authorities and/or law enforcement authorities, such as courts, police or other supervisory authorities; legal and/or debt collection service providers, such as Sergel JSC; insurance companies, etc. However, your data shall only be provided if required to do so by applicable law and only in accordance with the law, in order to ensure Our rights, the security of Our customers, employees and resources, and to make, provide and/or defend legal claims.
6.3. We note that your personal data shall be transferred only to those third parties who contractually ensure appropriate Terms and Conditions for the processing and protection of personal data. Your personal data can be transferred to third countries (i.e. outside the European Union or the European Economic Area) or international organisations. In this case, we ensure that the transfer to third countries would take place in accordance with the procedure and methods established in the Regulation and/or other legal acts.
7. RIGHTS OF DATA SUBJECTS AND ENFORCEMENT THEREOF
7.1. You have the right to request that the Data Controller grant access to your personal data processed, request their rectification and/or deletion, and/or to restrict the processing of such data, and/or the right not to consent to the data processing, as well as the right to data portability.
7.2. To exercise your rights, you can contact the Data Controller by email firstname.lastname@example.org. If the issue with the Data Controller cannot be resolved, you can contact the State Data Protection Inspectorate (email@example.com) which is responsible for the supervision and control of legal acts regulating the protection of personal data.
7.3. More information about your rights and how to exercise them is available here.
7.4. If you have any questions or complaints about the processing of your personal data, you can contact the Data Controller by email firstname.lastname@example.org or register the application by telephone +370 700 77877 (calls are charged at the rates of communication operators).
III. PAYMENT PROCEDURE
8. PROCEDURE FOR PAYMENT FOR THE PARKING LOTS
8.1. By using the App, you agree to pay the Fee and service usage fees specified by the selected service (the amount of which you can find out from your mobile operator or bank). Unipark parking lot rates, payment procedure and other information about the use of paid parking lots are provided on the websites www.unipark.lt, www.santarosparkavimas.lt,
8.2. When paying with the UniPark App, an app service fee may apply, the amount of which is specified with the description of each service. This fee applies each time you place an order and is fixed regardless of the amount paid for the service. You ensure that there is sufficient cash in your account throughout the use of the App. If the current balance of money is insufficient to pay for the use of Unipark and other parking lots and you cannot pay with the App, you must pay for the services in accordance with the general procedure applied in the parking lots – at the automatic payment box office. Following the payment, you shall be given 15 free minutes to leave a car park. Clients who are using the app and cannot pay for the parking ot their car at this specific point in a determined fashion are allowed to pay for the parking of the car with a wire transfer according to the terms, provided in these conditions.
8.3. Unipark car parks are charged 24/7. The Services Fee starts when you enter a car park. By using the App, you are responsible for the proper selection of payment, parking lot, time, entry of the vehicle state plate number and other data entered and selected. The message of the parking time or the start time of the parking shall be registered when the driver approaches and enters the entrance barrier, and the actual entry to the parking lot shall be deemed to be registered. By using the App, you are responsible for the proper and correct turning on and off of paid parking time.
9. PROCEDURE FOR PAYMENT OF LOCAL FEES IN URBAN AREAS
9.1. The Local Fees in the city for the use of paid parking spaces is a mandatory fee for car users/drivers established by the decision of the city council, applied in the city territory. By using the App, you are responsible for the proper selection of the payment, the Local Fee Zone, the time to be paid, the entry of the vehicle state plate number and other data to be entered and selected.
9.2. When paying with the UniPark App, an app service fee may apply, the amount of which is specified with the description of each service. This fee applies each time you place an order and is fixed regardless of the amount paid for the service.
9.3. The paid Local Fee shall not provide parking space and reserve it and shall not give the right to park a car in the area of prohibited road signs or otherwise not to observe the Road Traffic Rules. The App uses the aggregated Local Fee collection time. Thus, when paying a Local Fee, it is necessary to make sure that a fee is being collected at that time. The time of the Fee collection is indicated by road signs and additional tables. Therefore, the driver/user of the vehicle observes the road signs when paying the Local Fee.
9.4. Local Fee areas, amounts, payment procedure and other information on the use of paid parking spaces in the city shall be regulated by the Regulation on Local Fees for the use of paid parking spaces (hereinafter referred to as the Regulations) and amendments thereof approved by the city council. Regulations, amendments thereof and other information necessary for the driver are published on the websites of the cities.
9.5. If the balance of money in your account becomes insufficient to continue to pay the Local Fee using the App, the paid parking time is automatically terminated. If you forget to cancel, the parking reservation shall be processed until the end of the paid parking time in the selected area on the same day.
9.6. The message about the parking time or the start time of the parking shall be registered without the driver leaving the car, and the message to which the driver has received a positive response shall be considered registered. The message on the parking end time shall be sent before departure. By using the App, you are responsible for the proper and correct turning on and off of paid parking time.
10. TERMS AND CONDITIONS FOR PAYMENT FOR PARKING SPACES AND LOCAL TOLLS
10.1. In case the Client using the app failed to pay for the parking services of his car with the App or failure to pay at the payment register at the payment site, the Client is provided with an option to pay the amount, specified in the App, for the provided services in two weeks‘ time from the day of the provision of services. The Client is informed about the unpaid service and the determined 14 (fourteen) days term to pay cover the debt on the day of the provision of the services
10.2. In case the Client fails to pay for the provided car parking services in accordance with the term, provided for in point 10.1 of these conditions, the Client will be obliged to pay not only the price of provided services but also a 5 (five) euro size debt administration fee.
10.3. On the next day after the end of the payment deadline for the payment of the services price, specified in point 10.1 of these conditions, the Client is notified in the App, regarding his failure to pay the services price in specified term and is now obliged to pay the debt administration fee, specified in point 10.2 of these conditions. The Client is also informed that he is provided with an additional 14 (fourteen) day term for the payment of his debt and debt administration fee and is provided with information that in case he fails to pay the above-mentioned amounts in the additionally set term for the payment of the debt, all of the data regarding the Client‘s debt and unpaid debt administration fee will be transferred to the debt recovery company. No specific separate notification regarding the transfer of the Client‘s debt and debt administration fee to the debt recovery company is provided to the Client.
10.4. With these conditions the Client is informed about the fact, that the payment for car parking should be settled by the Client immediately after the provision of services, however, the Client who uses the App for the ordering and settlement for the provided service and who cannot settle immediately after the provision of the service has the right to settle for them in 14 days term from the day of the provision of the service. In case of failure to pay for car parking services during the above-mentioned term, the Client is obliged to pay a 5 (five) Euro debt administration fee and the Client is provided with an additional 14 (fourteen) days term for the payment of the debt and debt administration fee. In case the Client fails to pay the debt and the administration during a specified additional term, the service provider gains the right to address third parties for the recovery of the debt and debt administration fee without any specific notice given to the Client.
10.5. In case the Client fails to settle for the services provided to him during the terms, provided for in this section, and the transfer of the recovery of the debt to a third person, the Client will be obliged to compensate the fees and/or costs for the debt recovery determined by the person recovering the debt.
11. THE PROCEDURE FOR USING THE APP AND ‘U START/STOP’ MESSAGES
11.1. The order data of the App and the short message parking service order ‘U Start/Stop’ (telephone 1332) are administered in the general system of the Data Controller. Therefore, ordering a parking service for a specific vehicle state plate number can be controlled by a message ‘U Start/Stop’ or the App. This is the user of the App who has started the parking service ‘U Start’ by the message (telephone 1332) can see his or her order and stop it by using the App. Alternatively, the user of the App can start the parking service and stop it with the message ‘U Stop’. More information about ordering a parking service by messages is available at www.unipark.lt.
11.2. A specific parking order can be controlled from different telephone devices with different mobile telephone numbers. The user who has stopped the service shall be responsible for controlling the service and shall be charged for the remaining unpaid amount of the parking service.
11.3. It is not possible to book a parking service for the same vehicle state plate number in more than one area or parking lot. When a user tries to order more than one parking service for a specific vehicle, he or shell shall be informed by a message.
11.4. An active order in the urban area shall be terminated if the vehicle, having had an active order in the urban area, enters the parking lot where the payment shall be collected by UniPark.
11.5. The event of a vehicle departure in a closed parking lot is recorded when the exit is recorded by the vehicle state plate number scanning camera. If you have noticed that the exit has not been recorded, please contact us by email email@example.com or telephone +370 700 77877.
IV. RESPONSIBILITIES OF THE DATA CONTROLLER
The Data Controller shall not be liable for any malfunction or communication failure of the telephone equipment used. The Local Fee or other fee paid for other paid services is non-refundable.
More information about the services is available at: