Terms and Conditions

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Terms of Service & Privacy Policy

Welcome to using Spotsurfer App! By using the Spotsurfer website or mobile application (collectively the “Sites” or “App”), you agree to be bound by the following terms and conditions (the “Terms of Use” or “Agreement”). As used in this Agreement, Spotsurfer will be referred to as “Spotsurfer,” “we,” “us,” or “our,” and you will be referred to as “you”. Spotsurfer and its associated websites and mobile applications are owned by Hohenco Technologies LLC, a Colorado limited liability company, and all rights of Spotsurfer are reserved on behalf of Hohenco Technologies LLC. This Agreement incorporates by reference the following policies and documents that may also be found on the Sites:

General Terms of Use Acceptance:

Your use of the information, materials, text, images and other content on the Sites is subject to the Terms of Use below, which we may revise from time to time without notice. Please read these Terms of Use carefully.

BY ACCESSING THE SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE. PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION, (B) CLASS ACTION WAIVER, (C) LIABILITY LIMIT, (D) INDEMNITY AND (E) RELEASE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITES AND DO NOT USE ANY SPOTSURFER SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITES.

If you fail to comply with these Terms of Use, your permission to use the Sites automatically terminates and we may disable your use of the Sites. The provisions of these Terms of Use apply equally to, and are for the benefit of, Spotsurfer, its subsidiaries, affiliates, Licensors, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

By visiting or using our Sites and their related services, contacting us through the Sites or making submissions to us or the Sites, you consent to our collection and use of personal information as discussed in our Privacy Policy, below, which is hereby incorporated into this Agreement.

Spotsurfer makes no representation or warranty, and hereby disclaims any and all liability, with regard to the sufficiency of the security measures used for data handling and storage. Spotsurfer will not be responsible for any actual or consequential damages that result from a security breach or technical malfunction.

Ownership and Reservation of Rights:

The text, images, data, illustrations, files, audio and video clips, designs, documents and other materials and content (collectively, the “Content”) on the Sites is our property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than us. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal and non-commercial use. Please note that we may withdraw any Content from the Sites at any time in our sole discretion.

Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any of the foregoing. By way of example and not limitation, you may not resell any Reservation booked through Spotsurfer to a third party without Spotsurfer’s express written permission. If such resale is discovered, your Spotsurfer User Account may be suspended or revoked, and any existing Reservations voided without refund.

Names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Sites are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained on the Sites should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Sites without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms of Use, any unauthorized use of the Trademarks is prohibited.

By downloading, printing, or otherwise using any of the Content, you agree that you will (i) restrict your use of such Content to personal and non-commercial use, (ii) comply with all of these Terms of Use, and (iii) not violate our rights or the rights of any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.

Spotsurfer Services:

Unless expressly stated otherwise herein, the services provided by Spotsurfer (the “Services”) are limited to informing users of the location and potential availability of certain parking spots (“Parking Spots”) and facilitating Reservations (as defined below) by displaying Parking Spots, processing Reservations and collecting fees on behalf of Licensors (as defined below). Any fees and/or consideration paid to Spotsurfer is paid to Spotsurfer in connection with these Services unless otherwise indicated. When Spotsurfer receives your payment, your obligation to pay the Licensor for the Reservation is fully satisfied; provided, that you will be responsible for any other charges to the extent you incur separate or additional costs outside the scope of Spotsurfer’s services. We do not guarantee the availability of a specific Parking Spot. The Services and Sites are not intended for use by persons under the age of 13. If you are under 13, you may not use either the Services or the Sites. You agree to comply with all applicable laws when accessing or using our Services, and you may only access or use the Services for lawful purposes.

Spotsurfer lists the Parking Spots on the Sites and, as such, facilitates the reservation of Parking Spots (“Reservations”) between users of the Sites (“Licensees” or “you”), and the independent owners, lessors, managers or operators of the Parking Spots (the “Licensors”). Spotsurfer does not operate Parking Spots, or determine parking availability provided by Licensors. While Spotsurfer makes every effort to provide accurate information regarding the Parking Spots listed on the Sites, at times such information may become inaccurate and Spotsurfer shall not be liable for any such inaccuracy. In all cases, your utilization of a Parking Spot will be governed by the Licensor’s customer agreements or policies in place from time to time, including, without limitation, all terms and conditions related to the use of any Parking Spot, any payment terms and conditions and all rules and restrictions imposed by the Licensor on the relevant parking facility and/or Parking Spot, as each may be entered into or effected in accordance with the Licensor’s standard operating procedures (the “Licensor Terms and Conditions”).

By making a Reservation, you agree in all cases to abide by the Licensor Terms and Conditions. In connection with our provision of the Services, Licensors may represent and warrant to us that they have full authority to list the Parking Spots for Reservations. We are not responsible for confirming whether any such representation or warranty is true and correct, nor are we responsible if any such representation or warranty becomes inaccurate or incomplete prior to your use of a Parking Spot. In addition, Spotsurfer will never be responsible for any agreement or other arrangements between you and any Licensor, regardless of whether such agreement or other arrangements are related to your booking and use of a Parking Spot.

User Accounts:

In order to access certain areas of the Sites, you will create a user account and login (a “User Account”). You agree that all information which you provide through the Sites in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account. You agree to never use another party’s User Account without such party’s express written authorization.

Pricing:

You are responsible for all charges, fees, duties, taxes, and assessments arising out of any Reservation, the use of a Parking Spot, the Services or the use of the Sites. You agree to pay to Spotsurfer all fees for Spotsurfer’s provision of the Services, in accordance with the pricing and payment terms presented to you for such Services. Your payment of such fees constitute payment to the Licensor solely for purposes of making a Reservation. Where applicable, you will be billed using the billing method you select through your User Account or through an alternative payment method offered by Spotsurfer. Except as provided in these Terms of Use or when required by law, all fees paid by you are non-refundable and Spotsurfer may change the fees for any Services, including any Services billed pursuant to a Subscription (as defined below), at any time.

Cancellations and Refunds:

Reservations purchased through the Sites are cancellable (a) up to the start of the Reservation (“Cancellation Policy”) or (b) any specific cancellation policies or restrictions stated in the Parking Spot details on the Sites or on your parking pass. In the event of any conflict between the Cancellation Policy and any statements in the Parking Spot details on the Sites or your parking pass, the specific policies and restrictions in the Parking Spot details or your parking pass shall control. Following the start of the Reservation, all Reservations are non-refundable, regardless of your use or non-use of the Reservation and regardless of any circumstance surrounding the use or non-use of a Reservation (i.e., traffic or weather delays, cancellation of a related event). If, for whatever reason, an error occurs in regard to any fee for Services, a Reservation, and/or a Parking Spot, Spotsurfer may, in its sole discretion, void a Reservation related to that error and refund appropriate monies paid in connection therewith.

Spotsurfer may from time to time partner with third parties (“Partner”), and Reservations purchased on Partner websites are not refundable for any reason. Spotsurfer may utilize payment Partners such as PayPal and Braintree to process payments, retain payment information and perform similar services and Spotsurfer shall not responsible for any action, inaction, omission or error made by PayPal, Braintree or any other Partner and by election to use Spotsurfer you will have been deemed to waive any claim against Spotsurfer for any action, inaction, omission or error of any Partner.
Due to the procedures and precautions employed by our third-party gateway provider, any customer refunds may take up to three or four business days to be credited to their original method of payment.

Taxes:

Licensors are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Spotsurfer is not a vendor collecting and remitting taxes to the applicable taxing authorities nor a co-vendor associated with the vendor with whom Spotsurfer customers are submitting the reservation for the Parking Spots. If you are required by law to withhold any taxes from your payments to Spotsurfer, you must provide Spotsurfer with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that service.

User Submissions:

You agree that any information you provide through the Sites will be truthful, accurate and complete. You represent and warrant that you own any information provided through the Sites or otherwise have appropriate authority to provide any such information through the Sites. All information that you submit to us through the Sites shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any information or material to us or the Sites that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity.

Links to Other Websites and Services:

To the extent the Site contains links to outside services and resources, any such links are provided for your convenience only. We do not control those outside services or resource providers, and we are not responsible for their content or practices, including their privacy practices. We do not endorse the operators of those outside services or resource providers, nor do we endorse or make any representations with respect to the contents of their websites or any products or services offered on those websites. Any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Spotsurfer does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of these outside services and resources.

Uptime and Disclaimer:

From time to time, the Sites may be inaccessible or inoperable for any reason, including equipment malfunctions, updates to the Sites, maintenance and repairs and causes beyond our control or those that are not foreseeable. We make no guarantees with respect to the availability or uptime of the Sites, the Content or access to Reservations. We may conduct maintenance on any of the foregoing at any time with or without notice to you.

THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITES ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE SPOTSURFER OFFERS, BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. SPOTSURFER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SITES IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. SPOTSURFER DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

SPOTSURFER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (I) ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITES, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITES OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITES, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.

Liability Limit:

SPOTSURFER, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF SPOTSURFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITES OR THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITES. PLEASE NOTE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTSURFER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE LESSER OF (a) $100, AND (b) THE TOTAL DOLLAR AMOUNT OF ALL PARKING BOOKED VIA SPOTSURFER IN THE 12 MONTHS PRIOR TO THE ACTION ALLEGEDLY GIVING RISE TO LIABILITY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Disclaimer of Liability for Use of Services and Parking Spots:

Spotsurfer shall not be under any liability whatsoever for loss or damage to any vehicle or other property or any damage or injury to any person howsoever arising or for the prevention of ingress to or egress from the Parking Spots caused by the use or attempted use by any person of the Services and Parking Spots. Spotsurfer shall have no obligation to provide Services at the Parking Spots including security and utilities. In the event of an emergency, you shall be responsible to reach out to any health care, police, or other emergency services.

Indemnity:

You agree to indemnify and hold us, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (i) your use or misuse of the Sites; (ii) your breach of these Terms of Use; (iii) your breach of any Licensor Terms and Conditions; or (iv) your violation of any third party right.

Release:

You release us and our manager(s), officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Sites, your use of the Sites, other users’ use of the Sites and any dispute or defense you have or claim to have against us or one or more users of the Sites.

Copyright Complaints:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Sites; (d) your address, telephone number, and email address and all other information reasonably sufficient to permit Spotsurfer to contact you; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Governing Law:

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Colorado, U.S.A., without regard to its provisions governing conflicts of law. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. You submit to the exclusive jurisdiction of the state and federal courts located in the State of Colorado and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution:

Spotsurfer is committed to customer satisfaction, so if you have an issue or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any dispute, claim or controversy between you and Spotsurfer and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Spotsurfer Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Sites or your use of the Sites, or your Personal Information, including those that arose before you accepted these Terms of Use, regardless of whether prior versions thereof required arbitration (“Dispute(s)”) informally by contacting us as described below. If we are not able to resolve your Dispute within sixty (60) days after the day we receive your written notice, you may seek relief through arbitration or in small claims court.
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one year after such claim arose or it will be forever banned.

Jury Trial Waiver:

You and Spotsurfer each acknowledge and agree that, if for any reason a Dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Class Action Waiver:

You and Spotsurfer each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

Termination:

We reserve the right to suspend or terminate your use of the Services and/or your User Account in the event you violate any provision of these Terms of Use or if you use Spotsurfer services in a fraudulent manner. Furthermore, we may terminate or suspend access to all or part of the Sites at any time, without notice or for any reason.

Electronic Signatures and Contracts:

Your use of the Sites includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

Disputed Charges and Reversals:

If you believe that an unauthorized transaction has taken place under your User Account, you agree to notify us immediately. You are responsible for and agree to reimburse us for all reversals, claims, fees and other liability or expense incurred by us that were caused by payments that you authorized or accepted.

SMS Messaging:

Spotsurfer may use your mobile phone number or similar contact information to send text message(s) via automatic dialing technology. Spotsurfer uses such phone numbers and/or contact information to provide Services and to facilitate your use of Reservations. For example, Spotsurfer may send you a text message containing a parking pass or other information allowing you to access a Parking Spot or parking facility. Additionally, Spotsurfer may send you a text message containing a link to download a copy of its software application, based upon your request via a web form.
Reservation of Rights:-
We specifically reserve all rights that we do not expressly grant in these Terms of Use. Nothing on the Sites or in these Terms of Use grants any right or license to use any property of any third party.
Severance and Waiver:-
You acknowledge and agree that in the event any provision of these Terms of Use is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms of Use will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms of Use will not constitute a waiver of such right or provision by us.
Entire Agreement:-
You agree that these Terms of Use constitute the entire agreement between you and us with respect to your use of the Sites. You agree that these Terms of Use supersede any other agreements between you and us with respect to your use of the Sites. No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is intended or created by these Terms of Use, your use of the Sites, or any actions by any Licensor with respect to the Sites or associated software applications.
Modification:-
Spotsurfer may at any time modify these Terms of Use and Privacy Policy. If we make material changes we will notify you of such changes and provide you with the opportunity to review the modification. Your continued use of the Sites will be conditioned upon the terms and conditions in force at the time of your use. If you do not agree with any of the changes or modifications your only recourse is to cease use of the Sites and Services.
Parking Users:
If you are utilizing any parking spaces located using the Spotsurfer app or provided by us (together, the “Spotsurfer parking”) you must comply with all posted signs and regulations proposed for such parking areas including, without limitation, all federal, state and local laws and all oral, written or electronic notices from us and other parties owning or managing such parking areas. This shall prohibit consumption of alcohol or any intoxicants, including marijuana on any Spotsurfer parking. Consuming of any intoxicants by you, any parties (including drivers) in violation of similar laws are absolutely prohibited.
Vehicles parked at Spotsurfer property with a current and valid reservation for a spot must bear a license plate identifier that was given to Spotsurfer. All vehicles parked in Spotsurfer parking shall be maintained in safe condition with all required or recommended equipment such as snow tires and all-wheel drive or similar snow driving precautions. We make no representation as to the condition of any Spotsurfer parking.
We can install temporary signage in spaces to announce authorized parking and these signs may be taken down at the end of service period. Spotsurfer has the right to have unauthorized vehicles towed, in compliance with CO HB22-1314 (Towing Carrier Nonconsensual Tows). Spotsurfer is not responsible for any loss of service in connection with enforcing local and state parking ordinances. For any questions about these terms & conditions, please contact Spotsurfer support and any queries will receive responses within 48 hours. Spotsurfer may capture and use a vehicle’s license plate # to share with a licensed towing company. If you are using a different vehicle than the one registered in the Spotsurfer App, YOU are responsible for listing the replacement vehicle, whether this replacement is temporary or permanent.
Privacy Policy
Please read the following policy to understand how your personal information will be treated as you make use of our services. This policy may change from time to time so please check back periodically.
This Privacy Policy (“Privacy Policy”) is incorporated into our Terms of Use and applies to Hohenco Technologies LLC, a Colorado limited liability company, www.spotsurfer.com, the Spotsurfer mobile application, and any third party sites that allow you to make parking reservations via their platforms. As used in this Privacy Policy Spotsurfer will be referred to as “Spotsurfer,” “we,” “us,” or “our,” and you will be referred to as “you”. Please read the Privacy Policy as it describes how we collect, why we collect, how we protect and how we use any personal information you provide to us via the Sites. By using the Sites and Services you are agreeing to and accepting the Privacy Policy and Terms of Use.
Collection of Information:-
We may collect personal information, including but not limited to, your full name, email address, phone number and parking preferences when you make parking reservations using we and/or when you report a problem with one of our sites or services (collectively, together with any other information Spotsurfer may collect in relation to your use of the Services or the Sites, the “Personal Information”). We may also ask for your vehicle information and/or license plate for specific parking transactions that validate your reservation by that information.
Some Personal Information may be automatically gathered so that we can monitor the use of the Sites in order to make improvements and better serve visitors. You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging into your User Account or contacting us as described below. For other personal information of yours that we hold, we will provide you with access for any legal purpose, including to request that we correct the data if it is inaccurate or delete the data if Spotsurfer is not required to retain it by law or for legitimate business purposes, in all cases, in accordance with applicable laws and subject to any exceptions to access thereunder. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting the Support Agent referenced in the below section titled “Contact Information.”
Use of Person Information:
As a general rule, Spotsurfer will not disclose any of your personally identifiable information; except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following are some ways that Spotsurfer may use your data to:

1. Provide, personalize, and improve your experience with the Services and our advertising made available on or outside the Service;
2. Ensure technical functionality of the Services, develop new products and services, and analyze your use of the Services, including your interaction with applications, advertising, products and services that are made available, linked to, or offered through the Service;
3. Communicate with you for Service-related or research purposes including via e-mails, notifications, text messages, or other messages, which you agree to receive;
4. Communicate with you, either directly or through one of our partners, for marketing and promotional purposes via e-mails, notifications, or other messages consistent with any permissions you may have communicated to us;
5. Facilitate payment processing or prevent or detect fraud;
6. Identify location information, to calculate distance to available Parking Spots;
7. Enforce this Privacy Policy, the Terms of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Spotsurfer, its users, or any other person, or the copyright-protected content of the Services;
8. Fulfill the purpose for which you submitted the information and for other uses consistent with that purpose; and
9. Use as otherwise stated in this Privacy Policy.

In general, we do not share Personal Information that is personally identifiable to you, except where we have your express permission or where required by law. At times, in order for us to provide products and services or market to customers, we may make certain Personal Information available to strategic partners with whom we work. We may also disclose Personal Information to individuals or organizations who are our advisors or consultants, as well as the following advertising, marketing and analytics services providers.

We may share Personal Information with parties who provide services such as information processing, payment processing, extending credit, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing interest in our products and services, and conducting customer research or satisfaction surveys. Except as otherwise set forth in this Privacy Policy, we only share Personal Information to provide or improve our products, services and advertising, nor will we share your Personal Information with third parties for their marketing purposes. We provide certain Personal Information to Licensors in order for such Licensors to, among other things, provide their services in connection with facilitating Reservations, confirm your Reservation on-site, and for the Licensors’ own business uses, including marketing to you. Licensors’ use and sharing of your Personal Information will be subject to each Licensor’s privacy policy. Spotsurfer is not responsible for any Licensor’s use or sharing of your information. We may disclose any collected information, including personally identifiable information, if: (1) the disclosure is necessary or useful to our provision of services; (2) we believe in good faith that disclosure is necessary to protect our rights, interests, or property; (3) we are acting in good faith to protect your safety or the safety of others, to investigate fraud, or to respond to a government request; (4) we believe in good faith the disclosure is required by law, such as to comply with a subpoena, search warrant, court order, or similar legal or administrative process; and (5) a third party purchases or otherwise acquires us or the Sites, in which case your information will likely be among the assets transferred.

Tracking Technologies and Cookies:

We may also collect cookies, which are small pieces of information sent to your browser by a website that you visit. Cookies may be used in the administration of the Sites in order to keep track of movement of an individual user within pages on our Sites, and may help to detect or resolve problems on our Sites or assist with customer support issues. We may use cookies to compile and provide aggregate statistics about the Sites’ visitors, traffic patterns, and related information to third parties, but such information will not identify you personally. Cookies may help us adjust the content of the Sites and provide better service to visitors. We may also use third-party analytics providers on the Sites that use cookies and similar technologies to collect and analyze information about use of our services, conversion metrics, and to report on activities and trends and may also collect information regarding the use of other websites, apps and online resources. We may also utilize third-party analytics

Data Security:

Unfortunately, no data transmission over the internet is guaranteed to be 100% secure. As a result, while we strive to protect your personal information, as effective as our reasonable security measures may be, no security system is impenetrable. We cannot guarantee the security of our database and cannot guarantee that information supplied to us will not be intercepted while being transmitted over the internet.
California Privacy Rights:-
Under the California Consumer Privacy Act (“CCPA”) signed into law June 28, 2018 and entering into effect Jan. 1, 2020, California residents have certain rights and privileges. You can exercise any of the following rights by notifying us as described below:

• Informative Request. Upon request and when possible, we will disclose the categories and specific pieces of personal information we have collected about you. Additionally, you may also obtain the categories of information about you that we have sold, the categories of third parties to whom the information was sold, and the categories of personal information that we disclosed about you for a business purpose. You may submit these requests by contacting us as described below. When such a request cannot be honored, we will advise you accordingly.
• Request to Delete. If you should wish to cease use of our Sites and have your personal data deleted from our Sites, then you may submit a request by contacting us as described below. Upon receipt of a verifiable request for deletion, we will confirm receipt and will confirm once your personal data has been deleted. To exercise this right via email, simply type the words “Personal Data Deletion” in the subject line of your email.
• Other Rights. You also have the right to sue in the event your nonencrypted or nonredacted personal information, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of our violation of the duty to implement and maintain reasonable security procedures and practices. Prior to exercising this right, you must provide us with 30 days’ written notice by contacting us as described below and providing us with an opportunity fix this violation.

We reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. We strive to respond to your request within 45 days of receiving a verifiable consumer request however, we reserve the right to respond within 90 days when reasonably necessary.

Except as provided herein, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2023 will receive information regarding 2022 sharing activities). To obtain this information in connection with information collected through the Service, please contact us as described below.

Law & Order:

We may disclose any of your information (including Personal Information) to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Spotsurfer or our users; or (d) protect our property rights.

Information Access:

You may correct your account information at any time by logging into your User Account. If you wish to close your account, please log into your User Account, and then follow the provided directions or contacting us as described below. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated the Terms of Use, we may seek to resolve the issue before deleting your information. Spotsurfer will comply with an individual’s requests regarding access, correction, and/or deletion of Personal Information it stores in accordance with applicable law.

International Users:

Spotsurfer is based in the United States of America (“U.S.”), and, regardless of where you use our Sites from or otherwise provide information to us, the information may be transferred to and maintained on servers located in the U.S. Please note that any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations and standards, which may not be equivalent to the laws in your country of origin or residence. By using the Sites or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S.

General Privacy Law Compliance:

Every single state within the U.S. has its own version of a data privacy law. Similarly, Canada conforms to the Personal Information Protection and Electronic Documents Act (PIPEDA). Spotsurfer strives to conform to all of these laws and regulations to the best of its commercially reasonable ability, reflected in its internal policies and procedures centered around collection, use and disclosure of personal information. In all endeavors, Spotsurfer employs best practices in protecting personal identifiable information for all customers.

User Account Management

Users have the right to delete the account using following steps
Step 1 : Log in to the Spotsurfer app.
Step 2 : Navigate to the profile menu.
Step 3 : Select the delete account button.
Note: The users can register again using the Spotsurfer app in the future.

Spotsurfer Mascot Promotion:

The Spotsurfer mascot promotion is a Marketing Giveaway that is ongoing.  Winners are selected randomly from a pool of eligible entrants, and no purchase is required to enter the Giveaway. 

Terms and conditions are subject to change. 

Contact Information:

If you wish to contact us regarding (i) information on our products and services, (ii) permission to reproduce or use any Content on the Sites, (iii) notices of claimed infringement under the DMCA, (iv) the Privacy Policy or (v) any other reason, please email to [email protected].