- in order to guarantee the security of the service or the means of accessing it,
- when the service is being used fraudulently or wrongfully,
- when it is necessary to perform maintenance or repair operations to the service, and
- in the event of a breach of the conditions by the User.
- contract parking time and manage this contract and other services subsequent or complementary to that same contract,
- the payment of fees for different forms of car parking, including on the street or in car parks and
- the contracting of any other services or the purchase of any other goods whatsoever marketed by TELPARK’s member entities.
User account registration By registering for the TELPARK service, a TELPARK account registration will be created (“user account”), which will include the data necessary to identify the User and to enable the performance of the operations linked to the service, namely,
- the User’s mobile phone number,
- the registration number(s) of the vehicles linked to the User’s account and
- the payment methods linked to his/her account, the obligatory information (without which the registration could not take place), existing alongside the optional information.
- the payment requests for parking,
- the payment of fees for on-street parking,
- payment for other goods and services,
- The number plates or vehicles associated with the user account, with it being the user’s responsibility to ensure proper use thereof, and
- for any damage caused to the Service.
User payments and charges On registering with the Service, the User authorises TELPARK to charge to his/her credit or debit card, or to any other payment method linked to the User’s account, all services contracted though the TELPARK service. From the moment that the User requests a payment for parking, goods or services through the TELPARK service, the credit or debit card or the authorised payment method may be charged immediately. Nevertheless, the charge on the account may show a date later than the transaction, up to a maximum of 60 days. In all cases, the contract for parking or the contract of sale of the goods or services will establish a direct legal relationship between the User and the suppliers of the said services. Therefore, the owner of the car park or the suppliers will be solely responsible for the sale of the goods or the provision of services. The User shall be responsible for the maintenance of the user account, and for checking that no unpaid balances exist. Use of the TELPARK service may entail the payment of a commission charge, of which the User will be informed prior to confirming each transaction, and which must be accepted by the User. The User expressly acknowledges that MAKSU may charge an additional penalty for each failed transaction, if it proves impossible to charge the linked credit or debit card and other authorised payment methods. The penalty charge will be 25% of the value of the transaction, and under no circumstances will be less than fifty Euro cents (€0.50). The User recognises the right of MAKSU to apply a commission charge for the use of the TELPARK service, as well as a penalty charge for unpaid balances on the User’s account, equivalent to fifty percent (50%) of the outstanding balance owed by the User, an amount which shall under no circumstances be less than twenty Euros (€20), as a form of penalty for overdue accounts notification. Once a User has requested a payment by means of the TELPARK service, such a payment cannot be cancelled. The payments and charges made to the User’s account will be effected over a secure and certified payments platform, guaranteeing privacy and confidentiality for each transaction. The User can expressly authorise advanced payment of certain goods and services, such as parking, tolls, etc., with the vehicle registration number linked to his/her TELPARK User account.
Responsibility MAKSU shall make every effort to ensure the uninterrupted availability of the TELPARK service, and to ensure an absence of errors in any communication it issues. Nevertheless, and due to the very nature of the service, it is not possible to guarantee the correct functioning of internet communications. Furthermore, access to TELPARK services may occasionally be suspended or restricted due to the performance of maintenance or repair works, or to the introduction of new products or services. Attempts will always be made to limit the frequency and duration of any such suspensions or restrictions. Under no circumstances will MAKSU be responsible for the fulfilment of obligations or the supply of goods and services linked to the TELPARK service, including for
- fines or penalties suffered by the User arising out of the poor condition or illegibility of vehicle number plates,
- nor for fines or penalties suffered by the User arising out of incorrect use of the IT application by the User,
- nor for fines or penalties suffered by the User due to the User’s incorrect use of the web application or the inputting of his/her personal details or the details of his/her vehicle,
- nor for fines or penalties suffered by the User because of incorrect use of the global positioning system (GPS) or errors relating to the exact position of the vehicle, as it is the User’s duty to confirm the location where the vehicle is parked, or for an incorrect GPS location of the User’s own mobile device, with the User bearing any responsibility for any consequences arising from errors caused by the GPS system,
- nor for fines or penalties suffered by the User arising out of incorrect inputting of details of the zone in which s/he has parked, details of the vehicle registration number or of the times of beginning or ending the parking stay.
Use of the TELPARK service outside Spain The TELPARK service can be used in other countries of the European Union. For this purpose, it will be sufficient that the User accepts the terms and conditions set down herein. The User accepts that MAKSU will pass his/her User details to the companies or entities through which it provides the TELPARK service outside Spain. The countries and companies through which the TELPARK services are provided are shown on the TELPARK web page. In Portugal, the service will be provided through MAKSU SERVICES, S.A., a company registered under number 510711464 in the Lisbon Companies Register, with Company Identification Number (NIPC) 510711464, and having its address at Calle Joaquim António de Aguiar, 19, 1070-149 Lisboa.
Intellectual and Industrial Property The intellectual property rights of the TELPARK IT application, its source code, design, and its navigation paths and different elements contained therein are the property of MAKSU ESPAÑA, S.L., which holds the exclusive entitlement to the rights of exploitation of the same in any form, and particularly, the rights to reproduction, distribution, public communication and alteration, in accordance with the provisions of the applicable Spanish and European legislation.. The total or partial reproduction, copying or modification of the content included in the TELPARK application or of its web page is strictly prohibited. Any unauthorised use of this content shall give rise to the liabilities established by law. User access to TELPARK both through the “app” and “website” does not imply any form of full or partial waiver, transfer or assignment of these intellectual property rights, and for this reason access to this content or elements does not allow the user, under any circumstances, to copy, sell, modify, reproduce, publish, assign, transfer or create new products or services from the information and elements contained herein. The User does not acquire rights or licences in relation to the service, nor the elements contained therein, except the limited right to use the services in accordance with the applicable terms and conditions. They can only use the content and elements accessed through TELPARK services for their own purpose and requirements, and they must not use the services, materials, elements or information obtained therein for direct or indirect commercial purposes.
General rules The User is required to comply with the rules applying to each operation or transaction of goods or services, and specifically, each parking operation in relation to all the vehicles linked to the account, regardless of whether the User is the respective owner or only a user of the vehicles concerned. With regard to the cost of parking, in some towns or cities the respective tariff may carry an additional fixed and/or percentage charge in addition to the price set for the use of the TELPARK service; the User will be informed of this before making the transaction. All costs relating to the use of media to access the TELPARK Service, including, without limitation, the costs of calls or mobile phone messages and bank charges shall be borne by the User. Payments made with SMS systems may incur additional charges for sending the message, and these shall be borne by the User. MAKSU accepts no responsibility for any cost regarding telephone bills resulting from these messages. The User may withdraw from the contract with MAKSU within a period of fifteen (15) calendar days from the date of creation of the User’s account, and for this the User must send a notification to this effect to MAKSU at the following email address: email@example.com.
2. Personal data processing purposes Customer’s personal data will be processed to manage the performance of the contracted services. Additionally, Maksu may process customer’s personal data to comply with any legal obligations, including fiscal obligations and the local regulation that is applicable. Other processing activities may be carried out that do not respond to the necessity of executing a contract or complying with legal obligations. At any given moment, the customer may object to processes based on our legitimate interest or withdraw the consent given for them. As such, as long as the customer does not object by checking the box found in the particular conditions, the customer may receive, through e-mail communications, information related to products or services offered by Maksu, similar to the contracted ones, which may be of the customer’s interest. For the performance of this purpose, personal data may be analysed to develop a profile that will allow such commercial communications to be suited to the customer’s preferences and necessities. In this analysis, customer’s personal data related to demographic information and the type of contracted product, may be utilized. Additionally, as long as the customer has checked the corresponding box, he/she may receive, through any communication channels (including, amongst others, e-mail, SMS, and telephone calls), information on products or services offered by the Empark Group or third parties, related to the parking and electronic payment sectors. For the performance of this purpose, personal data may be analysed to develop a profile that will allow such commercial communications to be suited to the customer’s preferences and necessities. In this analysis, customer’s personal data related to demographic information and the type of contracted product, may be utilized. In any case, the customer will only receive this type of commercial communications for as long as he/she doesn’t withdraw the consent given for them. As long as the customer has checked the corresponding box, his/her personal data may be communicated to companies of the Empark Group and third parties related to the parking and electronic payment sectors, so that they can inform the customer on products or services offered by them. Personal data storage period Customer’s personal data will be stored for as long as it is necessary for the above-mentioned purposes. Once they it is not necessary, data will be blocked during the time necessary for the exercise or defence against administrative or judicial actions, and will only be unblocked and processed for such purposes. Once this period has ended, data will be definitively cancelled.
3. Personal data recipients Your personal data may be communicated to Public Administrations, Authorities and Entities, including Courts and Tribunals, in compliance with the applicable legislation. Additionally, service providers hired by Maksu that act as data processors, or companies of the Empark Group, may have access to your data for the performance of the abovementioned purposes. Moreover, if the customer has given his/her consent by checking the box found below, the customer’s data may be communicated to companies of the Empark Group or third parties related to the parking and electronic payment sectors to inform him/her on products or services offered by them. The list of Empark Group companies may be consulted in the following address: www.empark.com
4. Legitimation for the processing and communication of personal data For the abovementioned processes whose purpose is the management of a contracted service or the compliance with a legal obligation, the legitimate bases for said processes are the execution of a contract or the compliance of the applicable obligations. As such, failing to provide Maksu with the necessary personal data, or the provision of inexact or incomplete data, may result in the impossibility to execute the contract in the established terms. Users are responsible for the veracity of the facilitated data, as well as of communicating Maksu any modification of them. Processing activities carried out with the purpose of communicating the customer information related to products or services offered by Maksu, similar to the contracted ones, find their legitimate bases on Maksu’s legitimate interest. As such, the customer may object to these activities when providing his/her personal data through the checkbox found in the particular conditions or in any posterior moment. Information on how to exercise the customer’s right to object may be found in section 5 of this policy “Data subject’s rights in relation to personal data processing”. Processing activities carried out with the purpose of communicating the customer information on other products or services offered by the Empark Group and by third parties, related to the parking and electronic payment sectors, have their legal basis on the customer’s consent. As such, customers will receive this type of communications for as long as consent is not withdrawn. The communication of customer’s data to companies of the Empark Group and third parties related to the parking and electronic payment sectors finds its legal basis on the customer’s consents. As such, customers will receive this type of communications for as long as consent is not withdrawn. The use of the services offered by Maksu will never be conditioned to the customer giving the solicited consent. In any case, we remind customers that they can withdraw consent given by them at any time, without it having any consequence on the contracted products or services. Information on how to exercise data subject’s right to withdraw consent may be found in section 5 of this policy “Data subject’s rights in relation to personal data processing”. The Data Protection Officer may be contacted in relation to any queries related to the purpose of Maksu’s processing activities or their legitimation. Information on the Data Protection Officer’s contact details may be found in section 1 of this policy “Data Controller and Data Protection Officer”.
5. Data subject’s rights in relation to personal data processing Data subjects may exercise their rights to access, rectify, erase, restrict, and object to processing, and the right to data portability in the situations and to the extent established by the applicable legislation at any given moment. Data subjects may also withdraw their consent, if it has been given, and object to receiving commercial communications. Maksu has established the following channels through which to exercise this rights:
- Post, attaching a copy of your national identification document, passport or any other identification document, and a petition in which your request is identified, addressed to Maksu España, S.L., Avenida del General Perón, 36, planta 1ª Departamento de Atención al Cliente RGPD.
-E-mail sent to firstname.lastname@example.org with the following information: name and surname of the data subject, copy of his/her national identification document, passport or any other identification document, and a petition in which the request is identified.
Moreover, data subjects have the right to lodge a complaint before Spain’s supervisory authority: Agencia Española de Protección de Datos.