Last Updated: April 11, 2023
COLLECTION OF INFORMATION
Information You Provide to Us
When you open an account or register for the Services, we ask you to provide certain information. Through our website and the provision of our Services, we collect “personal information” including information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“Personal Information”). Personal Information can include data elements such as your name, email address, phone number, vehicle information (for those seeking to rent a parking space), and payment information (processed by a third-party payment processor). Personal Information, for this purpose, does not include:
- Publicly available information from government records;
- Deidentified or aggregated consumer information;; or
- Information excluded from an Applicable Data Protection Law’s scope, such as personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the California Driver’s Privacy Protection Act of 1994.
- We also collect information when you participate in any interactive features of the Services (like rent or list for rent a parking space), fill out a form, participate in a contest or promotion, make a purchase, apply for a job, communicate with us via third party social media sites, request customer support, or otherwise communicate with us. For example, we may collect your name, email address, phone number, and the nature of your question if you reach out to our customer service team. We may also collect information about your parking space when you list it for rent in order to best direct potential renters to it.
- Depending on your state of residence, specific data elements may be protected by Applicable Data Protection Laws, such as the California Consumer Privacy Act. Zark is not currently required to comply with the California Consumer Privacy Act, but takes affirmative steps to protect the privacy and security of your Personal Information as described in this policy.
- The types of information that we may use and collect are set forth below:
|A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
|A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver’s license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.
|Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|D. Commercial information.
|Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|E. Biometric information.
|Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.
|Browsing history, search history, information on a User’s interaction with a website, application or advertisement.
|G. Geolocation data.
|Physical location or movements.
|H. Sensory data.
|Audio, electronic, visual, thermal, olfactory, or similar information.
|I. Professional or employment-related information.
|Current or past job history or performance evaluations.
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
|Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
|K. Inferences drawn from other personal information.
|Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Categories of Sources
- Directly from our users. For example, from online registration forms that our users submit to us related to the products and/or services that we offer.
- Indirectly from our users. For example, through information we collect from our users in the course of providing our products and/or services to them.
- Directly and indirectly from activity on the application. This includes the type of device that you use (e.g., Google Pixel, Apple iPhone), your IP address, the type of operating system that you use (e.g., Android or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain usage details and analytics as same are collected automatically by us and our third-party partners.
- When our users interact with us on our social media accounts, including commenting on and/or liking our posts.
- From third parties that interact with us in connection with the products and/or services that we offer to our users. For example, third party entities that assist us in sending direct and electronic mail, analyzing data and providing marketing analysis.
- From integrations with third-party Property Management Systems.
Automatically Collected Information
When you access or use our Services, we automatically collect information about you, including:
- Transactional Information: When you make a purchase or rental, we collect information about the transaction, such as transaction details, purchase price, and date and location of the transaction. We do not capture or retain any individually identifiable payment information such as a credit card or bank account number you provide as that is processed directly by our third-party partner(s).
- Log and Usage Information: We collect information related to your access to and use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
- Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. For more details, please see “Your Choices” below.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
- Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see Your Choices below.
Information We Collect from Other Sources
We may also obtain information about you from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to publicly available sources and social media. For example, we may collect information including, but not limited to IP address, email, names, and contact information.
USE OF INFORMATION
We use the identifiers, such as Personal Information, Commercial information, Internet or other similar network activity, and geolocation data we collect to provide, maintain and improve our products and Services or for internal business needs.
We may also use the Personal Information we collect to:
- Send you technical notices, updates, security alerts, and support and administrative messages and to respond to your comments, questions, and customer service requests;
- Communicate with you about products, services, offers, and events offered by Zark and others, and provide news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Zark and others;
- Personalize and improve the Services and provide advertisements you see when you use the Services based on your preferences, content or features that match user profiles or interests, and browsing and purchasing behavior;
- Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
- Comply with our legal obligations; and
- Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
- We do not sell Personal Information or permit our vendors or third-party partners from selling your Personal Information. However, we may engage third parties to help deliver interest-based advertisements to you and may make use of third-party tracking technologies or other online marketing services. In doing so, we may make available or transfer your Personal Information (e.g., Identifiers such as your IP address, Geolocation data, and Internet or other similar network activity) to third parties, such as advertising agencies, advertising services, analytics providers, sponsored content providers, social media platforms, and other similar companies. In certain cases, sharing data with these providers could be considered a “sale” under Applicable Data Protection Laws, such as the CCPA, even though it is not a sale in the traditional sense (i.e., we do not receive money in exchange for this information). In the prior twelve (12) months, we may have “sold” (as defined under Applicable Data Protection Laws, such as the CCPA), or disclosed for consideration certain categories of your Personal Information.
- With vendors, service providers, and consultants that need access to such information, including cloud-based infrastructure-as-a-service providers, data analytics providers and payment processors to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
- If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Zark or others;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
- Between and among Zark and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership; and
- With your consent or at your direction.
We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.
ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
We store the information we collect about you for as long as is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.
TRANSFER OF INFORMATION TO THE U.S.
Zark is based in the United States and we process and store information solely in the U.S. As such, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal data receives an adequate level of protection in the jurisdictions in which we process it.
YOUR RIGHTS AND CHOICES
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.
If you live in Colorado (effective July 1, 2023), Connecticut (effective July 1, 2023), Utah (effective December 31, 2023), or Virginia (effective January 1, 2023), you may have the following rights:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Data portability.
- Opt-out of personal data processing for targeted advertising and sales.
California, Colorado, Connecticut, and Virginia also provide their state residents with rights to:
- Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
- Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
These rights are further explained below. To exercise any of these rights please email us at [email protected] with “Attn: Privacy” in the subject line.
Zark does not sell your Personal Information as that term is defined under the above state privacy laws. Additionally, Zark does not use Personal Information for profiling in furtherance of decisions that produce legal or similarly significant effects.
Depending on your state of residence, you may have the right to appeal our decision to refuse to act based on your request. To do so, please contact us at [email protected] with “Attn: Privacy” in the subject line and attach or include information related to your original request.
Your Rights as European Economic Area (EEA), Switzerland, and United Kingdom (UK) Residents
Residents of the EEA, Switzerland, and the UK have the following rights under their applicable data protection laws:
- Right of access: You can access your collected personal information.
- Right to correct, update, or delete: You can correct, update, or request deletion of your personal information.
- Right to restriction of processing: You can ask us to restrict processing your personal information.
- Right to object to processing: You may object to the processing of your personal information by us at any time. This right does not exist if we have already processed your personal information.
- Right to data portability: You can ask to take your personal information that you provided to us, in a structured format.
- Right to withdraw consent: You have the right to withdraw your consent to our processing of your information. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to file a complaint with the local supervisory authority: You have a right to raise questions or complaints with your local data protection authority at any time.
As explained further below, to exercise any of these rights please email us at [email protected] with “Attn: Privacy” in the subject line.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, to the extent it is possible to associate your request with any Personal Information that we possess, we will disclose to you:
- The categories of Personal Information we collected about you;
- The categories of sources for the Personal Information we collected about you;
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request); and
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion Request Rights
We may deny your deletion request if retaining the information is necessary for us to our service provider(s) to:
- The categories of Personal Information we collected about you;
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with Applicable Data Protection Laws (such as the California Electronic Communications Privacy Act (Cal. Penal Code Section 1546 et. seq.));
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request using this form if you are making the request on behalf of yourself or this form if you are making the request on behalf of someone else and emailing the form to us at [email protected] with “Attn: Privacy” in the subject line.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity and/or authority to make the request.
Response Timing and Format
We try to respond to verifiable consumer requests within forty-five (45) days of receipt. If we require more time, we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the twelve (12) month period preceding receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to a verifiable consumer request unless such a request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). The Services are not intended for Users under the age of 16. We do not sell the Personal Information of Users we actually know are less than 16 years of age.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by email by making a request to [email protected].
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing us at [email protected] with “Attn: Privacy” in the subject line.
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your Applicable Data Protection Law rights. Unless permitted by an Applicable Data Protection Law, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by Applicable Data Protection laws that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Specific California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to [email protected] with “Attn: Privacy” in the subject line.
Our Services are only designed to be used by users who are 18 years of age or older. If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems. To request any other changes or information about our collection, use or disclosure of your information, please email us at [email protected] with “Attn: Privacy” in the subject line.
Do Not Track Notice
Third parties may keep track of your browsing activities across third party websites. Do Not Track (“DNT”) is a preference available in many web browsers which allows you to inform websites you visit that you do not want them collecting information about you. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know whether we respond to “Do Not Track” browser signals. Zark does not respond to DNT signals. For further details regarding DNT, visit donottrack.us
You may update certain account information you provide to us at any time by logging into your account or emailing us at [email protected] or calling toll free 1-866-GET-ZARK (438-9275). If you wish to delete your account, please email us [email protected], but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application’s collection of this information. We do not currently require this location information to use our Services. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, may not fully function as designed. You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional emails from Zark by following the instructions in those emails or by emailing us at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.