GDPR: DATA PRIVACY NOTICE FOR CAR PARK USERS

Introduction

NSGL Parking (“We”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use, displayed on signage around the Car Park, and any other documents referred to on it and or contracts or agreements made between landowners or their agents) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

1. Definitions

Data controller – A controller determines the purposes and means of processing personal data.

Data processor – A processor is responsible for processing personal data on behalf of a controller.

Data subject – Natural person

Categories of data: Personal data and special categories of personal data

Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, telephone number, home address, private email address or Vehicle Registration Number. Online identifiers include IP addresses and cookies.

Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.

Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

2. Who are we?

NSGL Ltd T/A NSGL Parking is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: dpo@nsgl.co.uk. For all data matters contact NSGL Ltd on dpo@nsgl.co.uk.

3. The purpose(s) of processing your personal data

We use your personal data for the following purposes:

  • For car park management and enforcement
  • To log car park usage and repeat visits, to improve the customer experience
  • For the issuing of documents, in relation to enforcement
  • For the pursuit of debt (transfer to Debt Recovery)
  • For the protection of our Staff and crime prevention (body-worn cameras and CCTV)
  • To maintain our own accounts and records
  • To accept payment
  • You may give us information about you by filling in forms on our website www.nsglparking.co.uk (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, appeal a Parking Charge Notice, request a permit, participate in discussion boards or other social media functions on our site, and when you report a problem with our site.

4. The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, we process the following categories of your data:

  • Personal data

The personal data you give us may include your Vehicle Registration Number, name, address, e-mail address and phone number, financial and credit card information.

Other personal data that we process may not have been obtained from you, for example:

  • Vehicle Registration Number – Collected by Patrollers, ANPR Cameras and vehicle images
  • Name and Address – obtained from the DVLA
  • Name and Address – provided by the Keeper of the vehicle, or the Hire Company.

5. What is our legal basis for processing your personal data?

a) Personal data (article 6 of GDPR)

Our lawful basis for processing your general personal data:

Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract By entering and remaining on the Car Park or parking restricted area, the driver enters a contract with us to comply with the terms and conditions of the Car Park. A contract exists between NSGL Parking and the Land Owner or their appointed agent to provide a service of parking management and enforcement.

We will process data obtained in order to fulfil our contractual obligations.

Processing necessary for the purposes of the legitimate interests of the data controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject We have a legitimate interest to process data relating to the vehicle keeper in order to ascertain the identity of the driver, subject to the Protection of Freedoms Act 2012.

 

We will process data obtained in order to fulfil our legitimate interests.

 

More information on lawful processing can be found on the ICO website.

6. Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared only with our Debt Recovery agents, Regulators, Law enforcement and government agencies, ANPR and back office system providers, IAS, Courts, payment providers, accountants, other third parties as deemed necessary to fulfil our lawful basis or to exercise, establish or defend our legal rights.

7. How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for a period of:

  • 24 Hours of leaving an ANPR controlled Car Park, if no Parking Charge Notice needs to be issued (i.e. – the terms and conditions of parking were met)
  • 7 days from when a Parking Charge Notice is marked as ‘Void’
  • 12 months, from when the Parking Charge Notice reaches its final closure status (Cancelled / Paid in full / Successful Appeal)
  • For the life of your involvement in the rolling permit scheme – when you update your data with us, your historic data will be deleted
  • For the life of your involvement in the rolling whitelist / blacklist scheme – when you update your data with us, your historic data will be deleted
  • Receipts, payment data and invoices will be kept for 6 years from the date of payment, for HMRC audit purposes.

Videos from the body-worn and CCTV cameras are constantly over-written as new images are taken. If videos are required for crime prevention, they will be downloaded as soon as practicably possible and retained until no longer required by the relevant law enforcement agency.

8. Providing us with your personal data

Parking Charge Notices

We require your personal data as it is a contractual requirement when using the Car Park and failing to abide by the terms and conditions, as you enter in to a contract with NSGL Parking, who manage the Car Park or parking restricted area on behalf of the land owner or their appointed agent.

We will make a request to the DVLA for the Keepers details to issue a Parking Charge Notice by post, or to pursue an unpaid Parking Charge Notice.

Permits / Whitelist / Blacklist Schemes

You are under an obligation to provide your personal data to us as you wish to join one of our schemes.

If you fail to adhere the consequences will be the issue of a Parking Charge Notice.

9. Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

  • The right to request a copy of the personal data which we hold about you;
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary to retain such data;
  • The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).

10. Transfer of Data Abroad

When we share data, it may be transferred to, and processed in, countries other than the country you live in – such as to the United States. These countries may have laws different to those in the EEA. Where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected.

For individuals in the European Economic Area (EEA), this means that your data may be transferred outside of the EEA. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA, or to a third party where we have approved transfer mechanisms in place to protect your personal data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).

11. Automated Decision Making

We do not use any form of automated decision making in our business.

12. Cookies

INFORMATION ABOUT OUR USE OF COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. You can choose to accept cookies by clicking on the button found across the bottom of this website. If you do not want to accept please navigate away from this website, if you choose to continue viewing the website cookies will still be activated. To learn more about how to disable cookies or opt out of their usage please visit www.aboutcookies.org.

Please be aware that by declining cookies this may prevent you from taking full advantage of the website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

  • Analytical/performance cookies. They allow us to count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

The analytical cookies that we use do not gather any personal data.

13. Security

NSGL Ltd are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have suitable physical, electronic and managerial procedures in place to safeguard and secure the information we collect online. However, please note that no data transmission over the Internet is completely secure. Therefore, we cannot guarantee or warrant the security of any information that you provide to us and you transmit such information to us at your own risk.

14. Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question

15. Further processing

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

16. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

17. How to make a complaint

To exercise all relevant rights, queries or complaints please in the first instance contact us at dpo@nsgl.co.uk.

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.