Swift Parking App

Information about us and how to contact us

1. We are Swift Parking a business unit in the Transport for West Midlands arm of the West Midlands Combined Authority, whose principal offices are 16 Summer Lane, Birmingham, B13 3SD.

2. You can contact us by telephoning our Customer Service Team at 0345 303 6760 or by writing to us at swiftsupport@tfwm.org.uk/ Customer Services 16 Summer Lane, Birmingham B19 3SD

3. These terms and conditions relate to Swift Parking and the services we provide to our customers to book and pay for car parking (the “Services”), quickly and efficiently using the Swift Parking App (the “App”) in car parking facilities (“ the Car Park”) provided by private car park operators as well as local government/authority owned car parks (the “Parking Operators”).

How the agreement works

1. This agreement governs the relationship between Swift Parking and you (“the Customer”). When you use the Services we are providing you with the means to enter into individual, direct contracts with the Parking Operators to park in the Parking Operators’ facilities and spaces (“Parking Space”) and we facilitate the payment for your use of the Parking Space via the Swift Parking App. Swift Parking do not have control over nor are Swift Parking responsible for the Parking Operators management of the individual Car Park, we simply facilitate the payment for your use of the Parking Space only.

2. In order to use Swift Parking you must create a Swift Parking account by downloading the App and registering through the App. Your Swift Parking account will be created by using your email address and creating a secure password.

3. Once you have created your account it is your responsibility to keep your account details, including your password, safe and up to date and to not share these with anyone else.

4. Every time you purchase a Parking Space your time slot will be confirmed in the App. The Parking Space time slot will begin at the point payment is taken. The exact start time will be confirmed within your confirmation.

5. Customers can pay for the Services using a credit and debit card via the App. Whichever payment details you select when you create your account this information will be used for payment each time you use the Services. You can update the payment details you use to pay for the Services before confirming each booking.

6. These services fall outside the scope of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. You, therefore, commit to the transaction through the App when you confirm your Car Park space booking.

7. The agreement and these terms and conditions are governed by the laws of England and Wales.

Registration

1. Registration to Swift Parking is free, however, in order to become a registered user, you will be required to provide some basic personal information.

2. You agree that all information supplied on registration is true and will always be kept up to date. Swift Parking will use the information provided to us to contact you if necessary about your registered account.

3. Swift Parking reserves the right to terminate your registration immediately without notice if in our opinion you have breached these terms.

4. Our acceptance of any booking will take place when you accept it in the App, at which point a contract will come into existence between you.

5. If we are unable to accept your booking request we will not confirm the booking in the App and will not charge you any parking fees.

Using the App

1. Customers will require internet access through a GPRS 4G, 3G or Wi fi connected mobile device in order to access and use certain functionalities of the App.

2. Once you have logged into the App you can use the App to pay for a Parking Space. You will provide or confirm the following information before a booking: 1) the location of the Parking Space (location ID), 2) the duration of the time slot and vehicle being parked and 3) you will then be asked to confirm the payment amount to start the booking.

3. To pay for a Parking Space you can use the App and if you have any issues in paying for a Parking Space please get in touch with the Customer Services Team. Any outstanding information will be requested from you and then a confirmation will be sent through the App or email.

4. Bookings will be confirmed in the App at the point payment is taken with the exact start and end time of the Parking Space also being confirmed.

5. The Parking Space can only be used for the vehicle stated in the confirmation.

6. It is your responsibility to ensure a booking has been created and contains the correct details for the Parking Space.

7. It is your responsibility to provide us with correct details when using any of the payment methods to pay for a booking. Swift Parking will under no circumstances be liable for any parking fines or other losses you incur due to you providing incorrect data through any of the payment systems being the App, debit or credit card or Customer Services Team.

8. You will be subject to the terms and restrictions are shown on local signage and all road marking in and around the Car Park. It is your responsibility to ensure you comply with all signage, road markings and any relevant legislation that may be applicable when parking your vehicle.

9. Once you have received a confirmation it is not possible to cancel the booking without losing your fee. If there is an issue with your booking due to system error or any other reason please contact the Customer Services Team by telephone on number 0345 303 6760 or by writing to us at swiftsupport@tfwm.org.uk/ Customer Services 16 Summer Lane, Birmingham, B19 3SD

10. Swift Parking will not be responsible for any parking fines or other losses you incur due to you providing incorrect information in relation to your booking.

11. Any complaints should be directed to Customer Services 16 Summer Lane, Birmingham, B19 3SD

12. We will use the details you give to us in order to provide the Services to you. We may also send messages and updates regarding the Car Park to you about the Services where you have consented to this.

Liability

1. The content displayed on our App is provided without guarantees, conditions or warranties as to its accuracy as is provided on an “as is” basis. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity.

2. Swift Parking aims to offer you the best service possible, we make no promise that the Services at the Car Park will meet your requirements. There can be no guarantee that the booking service will be fault-free.

3. From time to time it may be necessary to suspend access to the App for a period of time interruptions shall not constitute a breach of these terms by Swift Parking.

4. Swift Parking will not be liable for any business, financial or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or loss of chance) arising as a result of your use of the App whether such loss is incurred or suffered as a result of our negligence or otherwise.

5. Swift Parking’s liability for damage arising during the performance of our agreement is limited to the value of the booking service that we provide to you.

Communication

1. All information that you provide to us must be accurate, current and complete.

2. All notices sent to you will be sent to the email address provided to us (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that these communications be in writing.

3. Personal information that you provide to us will not be disclosed to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy. Our Data Protection and Privacy Policy is available below.

General Car Park Terms and Conditions

1. These terms govern the use of the Bromsgrove Railway Station Car Park and “our obligations to you”.

2. The Car Park will operate with reasonable skill and care (“our obligations”). Swift Parking is only responsible for direct loss or damage you suffer as a foreseeable result of our breach of our obligations or our negligence or the negligence of our employees.

3. Swift Parking does not exclude or limit in any way our liability for death or personal injury caused by our negligence of our employees, agents or subcontractors.

4. The Car Parks are open to the public at large. Swift Parking does not guarantee that members of the public will not enter the car park and cause damage to property and/or engage in criminal activity. Accordingly, you park your car in the Car Park at your own risk. Swift Parking cannot guarantee the security of your vehicle and/or its contents.

5. Swift Parking provides a booking service only and does not provide facilities management services and is not the owner or Parking Operator of the Car Park (unless otherwise confirmed). It is advised that you refer to the Parking Operator directly with any queries.

Parking Tariffs

1. The parking tariffs payable by you (as varied from time to time) will be displayed on our App. You are obliged to pay the parking tariff and to comply with any instructions on the signage at your nominated Car Park as supplemented by these Car Park Terms and Conditions. Failure to do so may result in the nominated Car Park issuing financial penalties and additional charges. It is imperative that you refer to the individual Parking Operator’s Car Park Terms of Business.

Parking Infringements

1. It is essential that you comply with all directions and signage in the nominated Car Park including these Car Park Terms and Conditions;

2. Please ensure that you park within the limits of a marked car space

3. Please do not park in a Car Space designated for a specific purpose when you are entitled to do so.

Security of your vehicle

1. Please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. Swift Parking is not responsible for any consequence or loss arising from the failure by any Car Park user failing to properly secure a vehicle.

2. CCTV is installed at the [nominated] Car Park at the discretion of the Car Park Operator for the sole purpose of the efficient running of the Car Park. It is acknowledged that the presence of CCTV may act as a deterrent to criminal activity, and Swift Parking cannot make any representation as to the coverage or guarantee of the security of your vehicle if CCTV is installed in the Car Park.

Personal Possessions

1. Any personal possessions left in a vehicle are left entirely at the owner’s risk. Swift Parking are not liable for any theft by third parties from your vehicle.

Safety in the Car Park

1. For your health and safety, you are not entitled to remain in your vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking or removing your vehicle.

Claims and Complaints

1. In the unfortunate event, your vehicle sustains damage while in the [nominated] Car Park, your vehicle is stolen, or any possessions are stolen from your vehicle while it is the Car Park you should:

2. Immediately inform the Facilities Management/Parking Operator by contact the car park operator using the contact details displayed on the Car Park signage.

3. In the event of suspected theft, contact the police; and

4. Notify your insurers in a timely manner.

5. Before submitting a claim, please refer to our obligations to you, which set out the extent of our responsibility to you in relation to any loss.

Data Protection and Privacy Notice

1. Swift Parking App will only use your personal information to administer your account, provide the Services you have requested from us, and keep you informed about our products and services. In all our business transactions we will maintain the protection, confidentiality and integrity of your personal data at all times. This privacy notice explains what personal information we collect from you when you interact with our products and services, and how we use this information.

2. We will inform you of any future changes to our processing purposes or our Privacy Policy.

Our Services

1. Swift Parking App provides a solution to pay for your Parking Spaces at private and local authority Car Parks via mobile application platform. This Privacy Notice applies to related websites and more specifically the Swift Parking Mobile App.

What personal data do we collect?

1. We need certain personal information to be able to offer you the best parking experience and to keep you informed of our products and services. You provide some of this data directly, for instance when you create your Swift Parking account or enter your parking details into our mobile application.

2. When you create a Swift Parking account, make a request Car Park booking request, or otherwise use our App, we process the following data:

- First and Last Name;
- Your vehicle registration number;
- Your telephone number;
- Email address;
- Social media account information, if you use a social media plugin to register;
- Your location details when you park, using our Services;
- IP address;
- Phone ID;
- Payment and billing information, e.g. bank account, payment card
- Parking permit details (if applicable).
- Company name (if applicable);
- Business registration number (if applicable)

3. Swift Parking also send and receive information to and from third parties we work with. While the partners we work with may change, these mainly include Private, municipal, railway, airport, hospital and university Parking Operators, who, if you have chosen to make use of our service, provide us with the details of your Parking Space, so we can facilitate your parking transactions. This information consists of your vehicle registration number, parking location, parking fee and the start and ends time of your parking booking.

Device and location

1. When you have enabled this in your phone and app settings, we receive data about your location when you use our services. Swift Parking uses this information to verify and facilitate your parking transactions by for example helping you to identity your parking location and to warn you that your parking session is due to expire. You can always change your preferences in your settings.

How do we use your personal data?

1. Swift Parking only uses your data for the purposes for which it was collected and, where relevant, to meet local legal obligations. We use your personal data for the following purposes:

1. Performance of agreements with Customers - To provide customers with the parking related products and services of your choice, Swift Parking process your information for example to complete parking transactions; facilitate payment of the relevant parking fees and communicate your parking status with the relevant parking control bodies.

2. Customer Services– Swift Parking use your information to support you in your use of our products and services. This includes the use of personal information to diagnose product problems, rectify erroneous transactions and provide other customer support related services.

3. Customer engagement and communication – Swift Parking uses your information to communicate with you via email, SMS text or other electronic media for instance on service‐related matters, such as invoices. Other instances where we engage with you include confirming the opening of an account, parking reminder text messages, resolving complaints, and asking you to take part in one of our surveys.

4. Marketing – Swift Parking would like to send you information which may be of interest to you, about our products and services and those of other companies that may be of interest to you. Swift Parking communicates with you via email, SMS text or other electronic media. Marketing communications will only be sent to you if you have provided your explicit consent to receive such communications. You have the right at any time to stop these communications by contacting the Swift Parking Customer Services.

5. Safety, security and dispute settlement – Swift Parking use your details to protect the security, integrity and safety of our products, services and customers. This includes processing in the context of detecting and preventing fraud, theft and other misuse of our services. Swift Parking may also use personal information in the context of dispute settlements, to enforce our agreement with you, to enforce our rights towards third parties or defend ourselves against any third-party claims or allegations.

6. Legal obligations – Swift Parking may process your information in relation to a legal obligation. This includes cases where we must comply with requests from competent authorities, administrative obligations and in cases involving legal disputes. Improving and personalising our products and services – Swift Parking use your personal information to improve our products and services. Clicking behaviour and search results on our website can, for instance, help us to prioritise or identify new product features.

7. Maintenance, development and incident management - If Customers experience issues with one of our products or services, we may need to process some of your personal information, such as your name, vehicle registration number and email address, in order to resolve the respective issue. Swift Parking may also use your personal information in relation to certain system development processes, for instance, if we move customer data to a new database.

8. General business process execution, internal management and management reporting - To be able to run our business, we also use your personal information for general business processes. This includes processing your information for archiving, insurance and other administration related purposes, management reporting or processing in relation to audits.

With whom do we share your personal data?

1. Swift Parking may share your personal data with third parties such as local government/authorities, Parking Operators, suppliers (e.g. hosting, customer care and e‐marketing facilities), clients (e.g. corporate clients/employers), and other partners. Who we share your information with, depends on your location on the services you access. We share your information:

1. To the extent necessary to operate our business, to provide you with our services, or our partner services to complete any related transactions and collect related payments, to provide customer care and to communicate with you in connection with our services. For instance, to process payments and transactions.

2. For parking enforcement purposes, whereby we communicate your parking status with the relevant parking control bodies. In such instances your vehicle registration number, location code, make, colour and the start and end time of your parking transaction are shared;

3. Where you gave Swift Parking explicit consent to do so;

4. If we are legitimately requested to share information with competent authorities, such as law enforcement, pursuant to law, e.g. for investigation of illegal activities;

5. To enforce our agreement with you, for instance in cases where you have not paid for your parking transactions, we may share your information with a debt collector;

6. To enforce our rights towards third parties, or to defend ourselves against any third‐party claims or allegations;

7. To protect the security, integrity or safety of our Services.

8. We use the Single-Sign-On systems of our partner novoville ltd to manage authorisation. Your personal data is encrypted and only accessible by West Midlands administrators for the purposes of support.

Where is your personal data processed?

1. Customer’s personal data is mainly processed by our staff and our third-party contractors/suppliers in the United Kingdom. Swift Parking may also share data with our affiliates in the context of operating our business, providing our services and other processing purposes as outlined in this Privacy Notice. For hosting and maintenance purposes your personal data is located in the United Kingdom.

2. To the extent any other personal data will be transferred to a country outside the European Union or an international organisation, we will make sure that this only happens to such countries and international organisations that ensure an adequate level of protection, have put appropriate safeguards in place to protect your data and your rights in accordance with the EU privacy law, General Data Protection Regulation (GDPR), or as is otherwise allowed under the GDPR.

3. If you wish to receive more information about the safeguards we have implemented, please contact our Customer Services team.

How long do we keep your personal data?

1. Swift Parking will retain your personal information only for as long as is necessary for the purposes for which the information was collected, or as long as is required pursuant to law.

2. If Customers do not use the account for more than 12 months, the system logs Customers out of the App after 12 months of inactivity. The account will, however, remain active. Swift Parking will then no longer actively use your account information, e.g. to inform you on our products and services, but will archive the account to be able to easily re‐activate it should you wish to use our services again in the future.

3. In case Customers wish to close your account, please contact our Customer Services team. Upon closure, Swift Parking will remove your personal information without undue delay except for the information that we are obliged to keep pursuant to law. For instance, in order to meet statutory administrative retention obligations, we need to keep some of your account related information (e.g. copies of invoices/receipts), for six years.

4. Data may be retained longer in cases where it is used in relation to a legal claim or is used in relation to a valid legal process.

Accessing and managing your personal data

1. Customers can directly view and edit your personal details via your profile through the App There you can also make choices about our collection and use of your data. For instance, you can always choose in your account settings, whether or not you wish to receive promotional emails, SMS messages, telephone calls or mail from us. How you can access or control your personal data will depend on which products and services you use.

2. If Customers cannot access, rectify, or erase certain personal data themselves, if you want a copy of the personal data that Swift Parking processes of you, if you wish to request a restriction of processing of your personal data or to object to processing, please contact our Customer Services team using our webform. The Customer Services team will endeavour to respond to such requests within 30 days.

Lawful basis for data processing

1. Swift Parking only collect and process your personal data when there is a lawful basis to do so. The lawful basis we rely on in this respect includes:

1. Contract: the processing is necessary to perform your booking request;

2. Legitimate interest: for example,

1. a legitimate commercial interest to process certain items of your personal data, e.g. for running our business and the purposes of certain forms of direct marketing and profiling;

2. to archive certain account information to facilitate you to re‐use your account in the future; or

3. if there is legitimate interest from a business or security perspective, e.g. to prevent fraud or abuse of our Services, or for purpose of network and information security of our IT systems;

3. Legal obligation: the processing necessary to comply with a legal obligation, e.g. the legal requirement to keep administrative records for a certain period of time, or the legal obligation to share certain data on a police order for criminal investigation purposes;

4. Public interest task: the processing necessary to assist in tasks in the public interest. For instance, to aid enforcement agents in verifying the validity of a parking action or parking permit;

5. Consent: where you gave us explicit consent to process the data concerned, for example ‐ if applicable ‐ to share your data with partners or other third parties for commercial purposes.

2. If Customers have given their consent to the processing, you have the right to withdraw your consent at any time, by completing a web form. Swift Parking will discontinue the processing of your information upon receipt of your withdrawal. However, any processing performed prior to your withdrawal remains a legitimate processing based on valid consent at the time. Swift Parking will not be under the obligation to reverse the processing.

Questions, concerns and complaints

1. If Customers have questions or concerns about the way in which Swift Parking use your personal data, please contact Customer Services at swiftsupport@tfwm.org.uk or telephone 0345 075 6006. Customers may also contact our Data Protection Officer on Information.officer@wmca.org.uk

2. Customers feel that an issue has not properly been resolved, you also have the right to lodge a complaint with the supervisory authority ICO.

Responsible Entity

1. Swift Parking is a brand of West Midlands Combined Authority having its principal offices, at 16 Summer Lane, Birmingham B19 3SD. The decisions relating to the purposes and means of the personal data processing are the responsibility of the West Midlands Combined Authority.

2. West Midlands Combined Authority is the Data Controller for any information you provide, and we collect.

3. In certain cases, West Midlands Combined Authority will act as a Data Processor on behalf of third parties in relation to parking enforcement.

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