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Privacy Policy

I. Introduction

When you use the Falschparker app, you entrust us with your personal data. We are committed to upholding this trust. Therefore, we would first like to help you understand our data protection practices.

In this privacy policy, we describe what personal data ("data") we collect, how it is used and shared, and what options you have regarding this data. We recommend that you read this text together with our privacy overview, which explains the key aspects of our data protection practices.

II. Overview

A. Scope

This privacy policy applies to users of the services of ParkGuard Solutions GmbH in Switzerland, including users of the Falschparker app, websites, functions or other services.

B. Data controllers and data transfer

ParkGuard Solutions GmbH (Schaffhauserstrasse 121, 8302 Kloten, Switzerland) is responsible for the data collected in connection with the use of ParkGuard Solutions GmbH's services in Switzerland.

ParkGuard Solutions GmbH operates and processes personal data in Switzerland. No matter where or when you are, your data is always with you, allowing us to offer you a seamless experience. Furthermore, we respect your data privacy rights – regardless of whether you are located in Switzerland or elsewhere.

To ensure equivalent data protection wherever you use our services, ParkGuard Solutions GmbH in Switzerland has implemented the following measures:

  1. Policies and procedures to restrict access to and processing of personal data for defined purposes;
  2. Specific training for staff responsible for managing personal data;
  3. Reliable protection of data during transmission between the Falschparker app and our servers, and while the data is being processed on our servers. This includes encryption and the use of pseudonymized data to protect the full identity of users from unauthorized disclosure.

For your convenience, you can submit your data protection rights request via one of the channels mentioned above to ParkGuard Solutions GmbH, where it will be processed centrally on behalf of the respective data controller. Questions, comments, and complaints regarding ParkGuard Solutions GmbH's data processing can be submitted by email to support@falsch-parker.ch. You can also use this email address to contact the data protection officer of ParkGuard Solutions GmbH.

Furthermore, precise location data collected from the customer's (user's) device when submitting service charge and towing requests is linked to the tow truck driver's account, even if the user/customer has not enabled precise location data collection on their device. This data is used for purposes such as generating receipts, customer support, fraud detection, insurance matters, and legal disputes.

III. Data collection and use

A. The data we collect

Data from other sources. This includes:

  • Users who participate in our referral programs. For example, if a user refers another person, we receive the referred person's data from that user.
  • Falschparker account holders who request services for or on behalf of other users (such as tenants, employees, friends, or family members), or who enable other users to request or receive services through their business accounts. This also includes users or other third parties who provide information related to claims or disputes.
  • Providers that help us verify users' identity, background information and suitability for work, or that check users in connection with sanctions, anti-money laundering or customer knowledge requirements.

Data controller:

  • Company name: ParkGuard Solutions GmbH
  • Street: Schaffhauserstrasse 121
  • Postal code: 8302
  • City: Kloten
  • Country: Switzerland

B. How we use personal data

Falschparker uses data to provide reliable and professional towing services, as well as other products and services. We also use this data:

  • to promote the safety of our users and services;
  • for customer support;
  • for research and development;
  • to enable communication between users;
  • for marketing and advertising;
  • to send non-marketing messages to users;
  • in connection with legal proceedings.

We use the data we collect as follows:

1. To provide our services. The Falschparker app uses data to provide, personalize, maintain, and improve its services. This includes using data for the following purposes:

  • Creating/updating accounts.
  • Enabling compensation for expenses and towing services, such as:
    • the use of location data to navigate the pickup of illegally parked vehicles, calculate the estimated time of arrival and track the progress of towing orders;
    • features that include sharing data, such as sharing the tow truck driver's first/last name and phone number to facilitate the towing order, the user profile and towing details for sharing the estimated time of arrival, and user ratings;
    • finding suitable tow truck drivers for users who order towing services. Tow truck drivers can be assigned based on their availability, location/distance, and other factors such as the likelihood of accepting a job, as well as their past behavior or preferences.
  • Providing updates to the Falschparker app.
  • Performing the necessary operations to maintain our services, including fixing software bugs and operational problems.

Falschparker performs the aforementioned activities on the grounds that they are necessary to fulfill the terms of our agreements with users, are compatible with the users' agreements, or are necessary to protect the legitimate interests of Falschparker and its users.

2. Security and protection. We use data to ensure the security and integrity of our services and users. This includes:

  • Verification of user identity during account creation. This is done, among other things, through an assignment agreement (Zessionsvertrag) and/or rental agreement, which ensures that our services are not used by users impersonating others and thus posing a security risk.
  • Furthermore, we may use facial recognition technologies to facilitate the registration process and prevent unauthorized users from using our service.

3. Customer support. Falschparker uses the collected information (including call recordings) to provide customer support, including investigating and addressing user concerns and monitoring and improving our customer support responses and processes.

Falschparker carries out the aforementioned activities on the grounds that they are necessary to fulfill the terms of our agreements with users or for Falschparker's legitimate interest in monitoring and improving its customer service performance.

4. Research and development. We use personal data for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us make our services more enjoyable and user-friendly, improve the security of our services, and develop new services and features.

ParkGuard Solutions GmbH carries out the aforementioned activities on the grounds that they are necessary for the legitimate interests of ParkGuard Solutions GmbH in improving and developing new services and features.

5. Enabling communication between users and towing services. For example, a tow truck driver can send a user a text message or call them to confirm the pickup location of the illegally parked vehicle to be towed.

ParkGuard Solutions GmbH carries out the aforementioned activities on the grounds that they are necessary to fulfill the terms of our agreements with users.

6. Marketing and advertising. ParkGuard Solutions GmbH uses data to market its services and those of its partners. This may include:

  • Sending emails, text messages, push notifications, in-app messages, or other communications for marketing or advertising purposes regarding products, services, features, offers, promotions, sweepstakes, news, and events of ParkGuard Solutions GmbH. This may include the use of location, order and purchase history, and usage data to send marketing communications personalized based on observed or inferred user interests and characteristics.
  • Displaying Falschparker advertisements in third-party apps or websites. This includes using location, order and purchase history, and usage data, as well as sharing hashed email addresses and device or user identifiers with advertising partners (such as Facebook and TikTok) to tailor such advertisements to users' interests.
  • Third-party advertising in the Falschparker apps or in connection with our services.

ParkGuard Solutions GmbH carries out the aforementioned activities on the grounds that they are necessary for the legitimate interests of Falschparker in order to inform users about the services and features offered by ParkGuard Solutions GmbH or its partners.

7. Non-marketing communication. Falschparker may use data to send surveys and other communications that are not for the purpose of marketing the services or products of Falschparker or its partners.

Falschparker carries out the aforementioned activities on the grounds that they are necessary to comply with our terms of service or other agreements with users, or to protect the legitimate interests of Falschparker and its users by informing users about events that may affect the use of ParkGuard Solutions GmbH's services.

8. Legal procedures and regulations. We use personal data to investigate or process claims or legal disputes relating to the use of Falschparker's services, to comply with the requirements of applicable laws, regulations, or operating licenses or agreements, or in accordance with legal proceedings or governmental requests, including requests from law enforcement agencies.

ParkGuard Solutions GmbH carries out the aforementioned activities on the grounds that they are necessary for Falschparker's legitimate interests in investigating and responding to claims and disputes related to the use of Falschparker's services and features and/or in complying with applicable legal regulations.

We also use data for fraud prevention and safety, including:

  • Using data from tow truck drivers' devices to verify the towing process of the reported vehicle. This allows us to detect acceleration and inform drivers about safer towing methods.
  • Using location data from tow truck drivers and communications between users and drivers to identify wasted trips obtained or caused through fraud — for example, if a tow truck driver is found to be delaying the pickup of an illegally parked car in order to obtain a cancellation. Please contact Falschparker app customer support to object to such an adjustment.
  • Using device, location, profile, usage, and other data to combat various types of fraud. This includes identifying fraudulent accounts or fraudulent use of our services, preventing unauthorized customers (users) from using our services, verifying user identities in connection with certain payment methods, and preventing and combating unauthorized access to user accounts. In some cases — such as when a user is found to be abusing the Falschparker app referral program or has submitted fraudulent documents — such behavior may result in automatic deactivation. In Switzerland, or where otherwise required by law, deactivation may also occur after a human review. Please contact Falschparker app customer support to contest such a deactivation.
  • Using user ratings, reported incidents, and other feedback to promote compliance with our Community Guidelines and as a basis for deactivating the accounts of users with poor ratings or those who have otherwise violated these guidelines in certain countries. In Switzerland, or where otherwise required by law, this deactivation will only occur after human review and/or the opportunity to appeal. Please contact Falschparker app customer support to contest such a deactivation.
  • Use of tow truck driver data (such as location, ratings and gender, where permitted by law) and user data (such as ratings, towing location) to predict and avoid pairings of users that may lead to an increased risk of conflict (for example, because one user previously gave another a one-star rating).

Falschparker carries out the aforementioned activities on the grounds that they are necessary to fulfill the terms of our agreements with users and/or to protect the legitimate security interests of Falschparker, our users and the public.

C. Cookies and third-party technologies

Falschparker and its partners use cookies and other identification technologies in our apps, websites, emails and online advertisements.

Cookies are small text files that websites, apps, online media, and advertisements store on browsers or devices. Falschparker uses cookies and similar technologies for, among other things, the following purposes: authenticating users; storing user preferences and settings; determining the popularity of content; tracking and evaluating the effectiveness of advertising campaigns; and analyzing page views and trends and developing a general understanding of the online behavior and interests of people who interact with our services.

We may also allow others to provide us with viewership and analytics services, to place advertisements on the internet on our behalf, and to track and report on the performance of such advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the device visitors use to access our website, and also when they visit other websites and services. For more information on the use of cookies and other technologies described in this section, please see our Cookie Policy.

D. Sharing and disclosure of data

Some of Falschparker's services and features require us to share data with other users, or to do so at a user's request. We may also share such data with our affiliated companies, subsidiaries, and partners if required for legal reasons or in connection with claims or disputes.

Falschparker may share data as follows:

1. With other users. This includes:

  • Sharing the following data with the tow truck drivers: first name, last name, street, postal code, ratings, and towing location of the reported illegally parked vehicle.
  • We also provide customers and tow truck drivers with documentation containing information such as GPS coordinates, images, and video footage, as well as the tow truck driver's first and last name and phone number. Further information will be added to this documentation if required by law.

2. At the user's request. This includes sharing data with:

  • Emergency services: We offer features that allow users to share their data with the police, fire department, and rescue services in emergencies or after certain incidents. See "Choice and Transparency" and "Sharing Data in an Emergency."

3. To the public. Questions or comments from users submitted via public forums such as Falschparker's blogs or social media pages may be publicly visible. This includes data contained in the submitted questions or comments.

4. To the owner of the Falschparker account. If a user receives services through an account belonging to another party, we may share their order information, including location data, with the owner of that account. This occurs, for example, when a user/customer uses the Falschparker app for business through their employer's company profile.

E. Storing and deleting data

Falschparker stores user data for as long as necessary for the purposes described above. The period for which we store user data depends on the type of data, the category of user to whom the data relates, and the purposes for which we collected the data. The duration for which Falschparker stores user data may also be determined by legal and regulatory requirements, security and fraud prevention purposes, or issues related to the user account, such as outstanding amounts or unresolved claims or disputes.

Users can request the deletion of their accounts at any time. Due to legal or regulatory requirements, or for the reasons outlined in this policy, Falschparker may retain user data even after a deletion request.

V. Updates to the privacy policy

We may update this privacy policy from time to time. If we make significant changes, we will notify users in advance through the Falschparker app or via other means, such as email. We recommend that users regularly review this privacy policy for the latest information on our data protection practices. Continued use of our services after an update constitutes consent to the updated privacy policy to the extent permitted by law.