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Legal Documents

Below you'll find our official policies and legal information. These documents outline how we operate and our commitment to transparency, safety, and compliance.

Refund Policy

Since OnCall Patrol, LLC is offering non-tangible irrevocable goods, we do not issue refunds once the payment has processed and the parking permit has been sent or issued. As a customer you are responsible for understanding this upon purchasing any item through our site. However, we realize that exceptional circumstance can take place.

Therefore, we DO honor requests for the refund on the following reasons:

  • Advanced Purchases: In the event that you have purchased a renewal permit in advance, but have decided to move from the property before your active parking permit has expired, we will certainly honor your refund request. In this case we recommend contacting us for assistance. Claims for advanced purchases must be submitted to our Support department in writing within 30 days from the order placing date. Otherwise the parking permit will be considered received/paid and no refund will be provided.

  • Incorrect Add-On Package: Customers may choose to purchase our Call-Before-Tow or Phone-In-Guest Vehicle Registration. In the event that a mistake had been made regarding the purchase of these add-on packages, we will honor the refund request. Claims for incorrect permit package must be submitted to our Support department in writing within 14 days from the order placing date. Otherwise the parking permit package will be considered paid and no refund will be provided.

Please note that we do not bear any responsibility and therefore we do not satisfy any refund requests based on termination of our services by your property, property management firm, HOA or Board of Directors, and therefore we do not satisfy any refund requests based on such termination of our services.

Our support team delivers highly professional support in a timely manner, and is eager to assist you. Thank you for utilizing our services.

Contact Us

Email: [email protected]

Phone: 1-954-473-9001

Please allow 12-24 hours for our support team to get back to you on any refund request. All refund requests should include detailed reasons.

Privacy Policy

LAST UPDATED: October 9th, 2025

​

1. INTRODUCTION

This Privacy Policy (“Policy”) covers any personal information OnCall Patrol, LLC obtains when you use our websites (Websites), or services (Services).  OnCall Patrol, LLC (“OnCall” or “we” or “our” or “us”) is committed to providing excellent service to you, our customer (“User”), including respecting your privacy rights and protecting your data. We understand you may have questions about whether and how our Websites or Services collect and use your information.  We collect and use your personal information as described in this Policy.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR PERSONAL INFORMATION.  IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT ACCESS OUR WEBSITES OR SERVICES.

2. CATEGORIES AND SOURCES OF INFORMATION WE COLLECT

The following table contains the categories and sources of information that we may collect from you and that we have collected from Users over the last 12 months.  References to categories of data in the rest of the Policy will also map to the categories in this table.

PERSONAL INFORMATION CATEGORIES

A. Identifiers.
Examples: A real name, postal address, email address, telephone number, vehicle information, Internet Protocol address.
Personal Information Collected: YES
Source of this Personal Information: You

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, address, telephone number.
Personal Information Collected: YES
Source of this Personal Information: You

C. Protected classification characteristics under California or federal law.
Examples: 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).
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

D. Commercial information.
Examples: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Personal Information Collected: YES
Source of this Personal Information: You

E. Biometric information.
Examples: 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.
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

F. Internet or other similar network activity.
Examples: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Personal Information Collected: YES
Source of this Personal Information: Your browser

G. Geolocation data.
Examples: Physical location or movements.
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

H. Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

I. Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

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)).
Examples: 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.
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

K. Inferences drawn from other personal information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

L. Age or date of birth
Examples: Not specified
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.1
Examples: Social security, driver’s license, state identification card, or passport number
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.2
Examples: Account log-in, password.
Personal Information Collected: YES
Source of this Personal Information: You

M.3
Examples: Personal information that reveals consumer’s precise geolocation
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.4
Examples: Personal information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.5
Examples: Personal information that reveals the contents of a consumer’s mail, email, and text messages unless company is the intended recipient of the communication
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.6
Examples: Personal information that reveals consumer’s genetic data
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.7
Examples: Personal information collected and analyzed concerning a consumer’s health
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

M.8
Examples: Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation
Personal Information Collected: NO
Source of this Personal Information: Not Applicable

INFORMATION COLLECTED AUTOMATICALLY

This section provides more detail about Category F found in the above table.

Our cookie policy, which details the information we collect automatically can be found at [add link]

DATA COLLECTION ON BEHALF OF OUR SUBSCRIBERS

Our customers subscribe to our software and then provide accounts to users like you.  In this situation, we are the processor of the data input into the system and our customer remains the controller of the data. Another way of looking at this is that we may collect and process data on behalf of our customers.  In privacy terms, you are the data subject.   As the data subject, you may have certain data subject data rights.  If you wish to exercise any of those rights, those requests should be directed to the entity that instructed you to create an account within the system.

3. PURPOSE FOR COLLECTING PERSONAL INFORMATION

Your personal information is collected for specified, legitimate purposes and not processed further in ways incompatible with those purposes.  Collected personal data is relevant to and not excessive for the purposes for which they are collected and used.  We may use your personal information for the following purposes:

• Provide you with any services or products that you request
• Answer your questions
• Manage and optimize the customer relationship by improving our Websites and Services
• To better understand your preferences by analyzing your behavior on our Websites
• To provide you with notices about your account, including, but not limited to, payment or guest pass notification, expiration notices, or renewal notices.
• Send you information as requested by you
• To communicate with you about the Services
• To personalize Website content
• To process orders or other transactions
• To comply with our legal or contractual obligations, resolve disputes and enforce our Terms of Use.
• To respond to law enforcement, court orders or other government requests under applicable law

4. PERSONAL INFORMATION SOLD OR SHARED

1. CATEGORIES OF THIRD PARTIES

• Ad tech: Category F
• Analytics: Category F

2. USER AGE:  OnCall has no actual knowledge that it sells or shares the personal information of consumers under 16 years of age.

5. CATEGORIES OF PI DISCLOSED TO THIRD-PARTIES FOR BUSINESS PURPOSES
1. Service providers
2. Our Affiliates
3. Other parties per your direction, such as:
    1. Social media services
    2. Third-party business partners that you have a relationship with
    3. Other parties authorized by you

6. SERVICE PROVIDERS

We may contract with third-party service providers as data subprocessors to collect or process your personal information under our instruction. Service providers can perform many processing activities including but not limited to:
• helping us operate our business and the Services or administer activities on our behalf, such as sending out newsletters or surveys;
• audits;
• security providers;
• hosting, technology, and communications providers;
• Analytics providers;
• Market research providers;
• or
• protecting payment transactions against fraud or identity theft.

7. STATEMENT OF SENSITIVE PERSONAL INFORMATION DISCLOSURES

(m) The purposes identified in Civil Code section 1798.121, subdivision (a), for which a business may use or disclose sensitive personal information without being required to offer consumers a right to limit are as follows. A business that only uses or discloses sensitive personal information for these purposes, provided that the use or disclosure is reasonably necessary and proportionate for those purposes, is not required to post a Notice of Right to Limit or provide a method for submitting a request to limit.
(1) To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services. For example, a consumer’s precise geolocation may be used by a mobile application that is providing the consumer with directions on how to get to a specific location. A consumer’s precise geolocation may not, however, be used by a gaming application where the average consumer would not expect the application to need this piece of sensitive personal information.
(2) To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information. For example, a business may disclose a consumer’s log-in information to a data security company that it has hired to investigate and remediate a data breach that involved that consumer’s account.
(3) To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions. For example, a business may use information about a consumer’s ethnicity and/or the contents of email and text messages to investigate claims of racial discrimination or hate speech.
(4) To ensure the physical safety of natural persons. For example, a business may disclose a consumer’s geolocation information to law enforcement to investigate an alleged kidnapping.
(5) For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business. For example, a business that sells religious books can use information about its customers’ interest in its religious content to serve contextual advertising for other kinds of religious merchandise within its store or on its website, so long as the business does not use sensitive personal information to create a profile about an individual consumer or disclose personal information that reveals consumers’ religious beliefs to third parties.
(6) To perform services on behalf of the business. For example, a business may use information for maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.
(7) To verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business. For example, a car rental business may use a consumer’s driver’s license for the purpose of testing that its internal text recognition software accurately captures license information used in car rental transactions.
(8) To collect or process sensitive personal information where the collection or processing is not for the purpose of inferring characteristics about a consumer. For example, a business that includes a search box on their website by which consumers can search for articles related to their health condition may use the information provided by the consumer for the purpose of providing the search feature without inferring characteristics about the consumer.]

8. USE OF PRIVACY ENHANCING TECHNOLOGY: DATA MINIMIZATION

For some of our Services, we minimize the use of your personal information through the de-identification of your personal information before the information is transferred to us to fulfill and order.  In the event that de-identified information is transferred to us to fulfill a request or order, we will not attempt to re-identify that information.  De-identified information is defined as information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer provided that the business that possesses the information:

(1) Takes reasonable measures to ensure that the information cannot be associated with a consumer or household.

(2) Publicly commits to maintain and use the information in deidentified form and not to attempt to reidentify the information, except that the business may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this subdivision.

(3) Contractually obligates any recipients of the information to comply with all provisions of this subdivision.

9. DATA SUBJECT RIGHTS
    1. Right to Know What Personal Information is Being Collected (Right to Access): You have the right to request the following information:
    1. Categories of personal information collected about you.
    2. Categories of sources from which the personal information is collected.
    3. The business or commercial purpose for collecting, selling, or sharing your personal information.
    4. Categories of third parties to whom OnCall discloses your personal information
    5. The specific pieces of personal information we have collected about you.

2. Right to Delete Personal Information: You have the right to request that OnCall delete any personal information about you that OnCall has collected from you.

3. Right to Correct Inaccurate Personal Information: You have the right to request that OnCall correct your inaccurate personal information if we maintain inaccurate personal information about you.

4. Right to Know What Personal Information is Sold or Shared and to Whom: You have the right, if OnCall sells, shares your information, to request that OnCall disclose to you the following:
    1. The categories of personal information that OnCall collected from you.
    2. The categories of personal information that OnCall sold or shared about you and the categories of personal information for each category of third parties to whom the personal information was sold or shared.
    3. The categories of personal information that OnCall disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

5. Right to Opt Out of Sale or Sharing of Personal Information: You have the right to direct OnCall, if we sell or share your personal information to third parties not to sell or share your personal information.

6. Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to direct OnCall to limit the use of your sensitive personal information to the use which is necessary to perform the Services.

7. Right of No Retaliation Following Opt Out or Exercise of Other Rights: OnCall may not discriminate against you if you exercise any of your rights as described above.

8. Right to Data Portability: You have a right to obtain the personal information in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the information to another entity without hindrance. You may exercise this right no more than two times per calendar year.

10. METHODS FOR EXERCISING DATA SUBJECT RIGHTS

You can submit a request to exercise on or more of your data subject rights stated above using the following methods:

• Via email to: [email protected]

After we receive your request, we will determine if the request is a verifiable customer request before acting on the request.  You must provide enough information for us to be able to verify that it is the proper person making the request.  We have 45 days in which to take action on your request.  If we run into issues in honoring your request, we will notify you within those 45 days.  The original 45-day period may be extended by 45 days if reasonably necessary.  We will inform you, without delay, of the reasons, if we decide not to take action on your request.  We will also inform you if you have rights to appeal our decision.

If you use an authorized agent to submit a request and the authorized agent does not provide a proper power of attorney, we may require you to either (1) verify your identity directly with us, or (2) directly confirm with us that you provided the authorized agent permission to submit the request.

11. OPT-OUT PREFERENCE SIGNAL

If your browser supports an opt-out preference signal, you may opt out of the sharing or sale of your personal information by properly configuring the opt-out preference signal. If you subsequently delete cookies, change your browser settings, or use a different browser, you will need to turn the opt-out signal on again.

12. REQUEST TO OPT-IN AFTER OPTING OUT

Some transactions or Services may require OnCall to sell or share your data.  For example, if you have opted out of us selling or sharing your information and now want to opt-in to the selling or sharing of your information in order to complete a transaction or use a Service.  If you attempt to complete such a transaction or use such a Service, and you are opted out we will inform you that the transaction or Service requires the sale or sharing of your personal information and provide instructions on how you can provide consent to opt-in to the sale or sharing of your personal information.

13. DATA SECURITY

We apply commercially reasonable and appropriate administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of your personal information.  Such safeguards protect against unauthorized access, alteration, disclosure, unlawful processing and accidental loss, destruction, or damage of your personal information.  Although these safeguards reduce the risk of adverse effects to the confidentiality, integrity, and availability of your personal information, they cannot ensure or guarantee against the possibility of a security incident.

14. DATA RETENTION

Your personal information is retained for as long as reasonably necessary and proportionate to achieve:
1. The purpose(s) for which your personal information was collected and processed.
2. Another disclosed purpose that is compatible with the context in which your personal information was collected.

15. CHILDREN’S PRIVACY AND AGE-RELATED INFORMATION COLLECTION POLICIES

We do not knowingly collect or allow the collection of personal information with our Websites or Services from Users under the age of 16.  If we have actual knowledge that we have collected personal information from someone under the age of 16 we will delete that personal information.  If you believe that we have collected information from a child under the age of 16, please contact us at [email protected].

16. CALIFORNIA SHINE THE LIGHT LAW AND DO NOT TRACK

If you are a California resident and have an established business relationship with us, you may request that we not disclose your personal information to third parties for the third parties’ own direct marketing purpose (as defined in California Civil Code section 1798.83).

Note that we do not currently respond to web browser “do not track” signals.  Although a protocol for the “do not track” signal was adopted, the standard for how to respond to the signal was not adopted.

17. LINKS TO NON-ONCALL WEBSITES

Our Websites and Services may contain links to third-party websites, services, or resources that are not covered under this Policy or our terms of use.  Upon visiting or using those third-party websites, services, or resources, we recommend that you review their privacy policy, terms and conditions, and terms of use before providing your personal information.

18. TRANSFER OF CORPORATE ASSETS

If OnCall is acquired by or merged with a third-party entity, OnCall reserves the right to transfer or assign the personal information you provided to us as part of such merger, acquisition, sale, or other change of control to the new entity.  In the event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditor’s rights generally, we may not be able to control how your personal information is processed. If such a situation arises, OnCall would request that all applicable privacy laws and protection standards at least as stringent as OnCall’s be applied to your personal information originally in our possession. In the event of a transfer of corporate assets, the information regarding the transfer will be posted on our Websites.

19. CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to update this Policy to accurately disclose changes as necessitated by applicable laws and other events. If those changes are material in nature, we will notify you by a notice placed on our public facing Websites, a notification within our Services, and/or by electronic mail.

20. CONTACT US

[email protected]
 

Terms of Use

Last Modified: October 9th, 2025

​

Please review this Terms of Use (“Terms”) agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of OnCall Patrol, LLC (“OnCall” or “we” or “our” or “us”), including the OnCall websites located at www.oncallparking.com and all subdomains thereof (the “Site”) and any and all mobile applications (“Apps”) offered by OnCall.  The Site and Apps, along with any content, products and services made available on or through the Site and Apps, known collectively as the “Services”.  Your use of the Services is governed by this Agreement regardless of how you access the Services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE SERVICES.  BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THIS AGREEMENT OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES.

1. Acceptance of Terms.  The Services are made available by OnCall subject to this Agreement.  OnCall reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including by email or by posting the revised version of this Agreement on the Site or in connection with the Apps.  This Agreement was last revised as designated by the “Last Modified” legend at the top of this Agreement.  Your access to or use of any of the Services following any changes to this Agreement will constitute your acceptance of those changes.  Modifications to the Agreement shall not apply to any outstanding disputes arising prior to the “Last Modified” date or the date as the changes were otherwise notified to you.  When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to those Services, which are hereby incorporated by reference.  In the event of a conflict between the provisions of this Agreement and the applicable Services agreement, the terms of the Services agreement shall govern.

The Services are designed for a general audience and are not directed to children.  We do not knowingly collect or solicit personal information from children under the age of 13 through our Services.

BY ACCESSING OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

2. Change of Terms.  We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. You should frequently review this Agreement and any other applicable policy from time-to-time to understand the Terms that apply to the use of the Services. In continuing to use the Services, you confirm that you accept the then current Terms in full at the time you use the Services.

If any part of any of the Services is suspended, modified, or discontinued, or if a technical error occurs, information, data, or content created or provided by you in connection therewith may be deleted or become inaccessible.  Therefore, you should not exclusively rely on, and agree not to exclusively rely on, the Services to store or preserve any such information, data, or content.  You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including any content, feature, or product, in whole or in part.

3. Services.   Our Site allows users to browse, view, choose and learn about the many features of our products, including our 24/7 bilingual customer call center, parking enforcement services, and third-party digital parking programs (“Products”). We provide our Site to complement our Products, and all information on the Site is for informational purposes only. We may, in our sole discretion, change, delete, update, modify, or otherwise alter Products at any time without providing you notice, and in addition, we may change the pricing, and availability of Products in our sole discretion at any time without providing you notice.

4. Services Information. We provide users of the Services with access to certain content, products, and services, which may include:  (a) videos; (b) FAQ articles; (c) guest pass system; (d) resident vehicle information; (e) violation reports; and (f) parking maps.

The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors, such as your location, the content being streamed or downloaded and the speed of your Internet connection.  We make no representation or warranty regarding access to content available through or in connection with our Services, including the quality of streaming content and the download speed of downloadable content.

The content provided through or in connection with the Services is designed to provide general information on the subject matter covered.

5. Use of the Services.   We have made the Site available to you for your own personal, non-commercial use. We reserve the right to modify, withdraw, or deny access to this Site and any material we provide on the Site in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

If we become aware of any possible violations of this Agreement, or if we, in our sole discretion, determine that you breached any portion of these Terms or have otherwise demonstrated conduct inappropriate for the Services, we reserve the right to:

a. deactivate your Account;
b. investigate your behavior, including any possible violations;
c. refer the matter to, and cooperate with any all applicable legal authorities;
d. disclose any information in the Services to comply with applicable laws, legal processes, or governmental requests;
e. enforce this Agreement;
f. pursue any other action that we deem appropriate.

6. Account Creation and Security.   To access certain features of our Services you must be a user (“Registered User”) who has a registered account (“Account”). Registered Users may view information within their Accounts.

You may create an Account by registering through the parking management software or platform used by your community or property (the “Platform”). There, you must enter the information requested, such as your first and last name, email address, mobile number, and a password. Once you enter the requested information and submit it, we will send an email to the email address you provided to verify your email address and activate your Account. Upon activation of your Account, we will send you another email via our third-party vendor to confirm the creation of your Account.

It is a condition of your use of the Services that all information you provide to the Services is correct, current, and complete. You agree that all information you provide to register, including, but not limited to, through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you create, or are provided with, a user name, password or any other piece of information as part of our security procedures and account registration, you must maintain this information as confidential, and you must not disclose it to any other person or entity or put it in position to be disclosed to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services through the sharing of your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or Account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

7. Information submitted by you through the Services. Your submission of information through or in connection with any of the Services is governed by our Privacy Policy, which is located at https://www.oncallparking.com/privacy-policy/ (the “Privacy Policy”).  You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.

8. Rules of Conduct. You must comply with all applicable laws, rules and regulations while accessing or using any of the Services.  Users must also respect the rights and dignity of others. Your use of the Services is conditioned upon your compliance with the rules set forth in this section.  You must not:

A. Post, transmit, or otherwise make available, through or in connection with the Services, (a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.

B. Use the Services (a) to defame, abuse, harass, stalk, threaten, harvest, or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or submissions; or (c) for any other fraudulent or unlawful purpose.

C. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or other Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.

D. Restrict or inhibit any other person from using any of the Services (including by hacking or defacing the Site).

E. Use the Services to advertise or offer to sell or buy any goods or services.

F. License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site, the Apps, or other Services, or any access to or use of the Site, the Apps, or other Services.

G. Modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble the Site, Apps, or other Services.

H. Remove any copyright, trademark or other proprietary rights notice from the Services or any materials available on or through the Services.

I. Frame or mirror any part of the Site or other Services without our express prior written consent to do so.

J. Systematically download or store content from the Site, Apps, or other Services.

K. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Services or in connection with the Services, or reproduce or circumvent the navigational structure or presentation of the Site, Apps, or other Services without our express prior written consent to do so.  Notwithstanding the foregoing, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  We reserve the right to revoke these exceptions either generally or in specific cases.

L. Create a service or app that accepts or uses your Account credentials.  You may not use an unauthorized app to access our Services.

M. Attempt to bypass any of our security controls or APIs to access our Services.

Additionally, you acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use any of the Services, and paying all charges related thereto.

We may terminate your use of any or all of the Services for any conduct that we consider to be inappropriate or for your breach of this Agreement, including the Rules of Conduct set forth above including if you repeatedly engage in copyright infringement via or in connection with the Services.

9. Intellectual Property. The Services and all its content, including, without limitation, all text, software (including source code), designs, icons, graphics, images, audio visual materials, selection, coordination, and information (“Site Materials”) is the proprietary property of us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-commercial license to browse, access and view the Site Materials made available to our users. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  2. You may store files that are automatically cached by your browser for display enhancement purposes.

  3. You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  4. If we provide Instagram, Facebook, Pinterest, TikTok, or other social media platform (collectively , “Social Media”) with certain content, you may take such actions as are enabled by such features.

You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any Service or Site Materials in any way for any public or commercial purposes. Furthermore, Site Materials may not be displayed or communicated on any other platform, in a networked computer environment, or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use the Services and Site Materials will automatically terminate and any copies made of Site Materials must be immediately destroyed. Any unauthorized use of the Services or Site Materials may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans and all related graphics, logos, and service marks are trademarks of the OnCall and may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, service marks, and trade names that may appear within the Services are the property of their respective owners. Nothing contained in the Services should be construed as granting, by implication or otherwise, any license or right to use any trademark without our prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on or within the Service, or any other content on the Site, except as provided herein, is strictly prohibited.

10. Third Party Content; Links. The Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”).  By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality.  The Services may provide or incorporate links to other web sites and online resources that include Third Party Content.  Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content.  We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content via the Services at any time.  Your access to or receipt of Third Party Content via the Services does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Also, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy.  This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Content.  YOU AGREE THAT YOUR USE OF THIRD PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD PARTY CONTENT.

We shall have the right, at any time, to block links to the Services through technological or other means without prior notice.

11. DISCLAIMER OF WARRANTIES. THE SERVICES (INCLUDING THE SITE AND APPS) AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES.  WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING THIRD PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

12. LIMITATION OF LIABILITY. The laws of certain states and jurisdictions do not allow the limitation of liability or certain damages. If these laws apply to you, some or all of the below limitations may not apply to you, and you may have additional rights.  WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING  DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF ANY OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR FROM ANY CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICES BY US OR ANY THIRD PARTY. OR RESULTING FROM ANY RECORDINGS MADE BY US OR OUR REPRESENTATIVES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

While we try to maintain the integrity and security of the Services and the servers from which the Services are operated, we do not guarantee that the Services will be or remain secure, complete, or correct, or that access to the Services will be uninterrupted.  The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement.  Also, third parties may make unauthorized alterations to the Services.  If you become aware of any unauthorized third-party alteration to the Services, contact us at [email protected] with a description of the material(s) at issue and the URL or location on the Services where such material(s) appear.

13. Indemnification. You agree to defend, indemnify and hold harmless OnCall, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Service’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

14. Termination. This Agreement is effective until terminated.  We may terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with this Agreement.  Upon termination, your right to access or use the Services will immediately cease.  You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and bar any further access to such information or files.  You agree that we shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.  Applicable sections of this agreement shall survive any expiration or termination of this Agreement.

15. Governing Law and Arbitration. This Agreement is governed by the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions, and regardless of your location.  ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ANY RECORDING, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US (INCLUDING OUR COLLECTION, STORAGE, USE AND DISCLOSURE OF INFORMATION PURSUANT TO OUR PRIVACY POLICY), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT YOU AND US ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY.  BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement.  Any in-person hearings or appearances shall be held in Broward County, State of Florida, U.S.A.  Arbitration proceedings shall be conducted in a manner that preserves confidentiality.  The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

16. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on or in connection with the Services infringe your copyright, you or your agent may send us a written notice by mail or email requesting that we remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See https://www.copyright.gov/ for details.

We suggest that you consult your legal advisor before submitting a notice or counter-notice.

17. Payments. 

  1. When you place an order for Services on our Site, you must provide us with information from your valid credit card. You agree to pay all charges listed in the checkout process when you submit an order in accordance with the fees, charges, and billing terms in effect at the time the charge is due and payable.

  2. Your payment provider agreement governs your use of the designated payment provider account, and you must refer to the agreement, and not these Terms to determine your rights and liabilities.

  3. By providing us with your payment provider account, you agree that we are authorized to immediately charge your payment provider account for all charges due and payable to us in connection with your order and that no additional notice or consent is required.

  4. You agree to immediately notify us of any change in your billing address or payment provider account used for payment hereunder.

  5. We use a third-party service provider for payment services.

18. Waiver and Severability. No waiver by OnCall of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OnCall to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

19. Entire Agreement. These Terms of Use, our Privacy Policy, together with all policies referred to herein, is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and OnCall relating to such subject matter.

20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.  You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void.  We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
The use of “including” is not exhaustive, unless qualified by words such as “only” or “solely.”
Notices to you may be made via posting to the Site or through the App(s), by e-mail, or by regular mail, in our discretion.  The Site or App(s) may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We will not be responsible for failures to fulfill any obligations due to causes beyond our control.

21. Information or Complaints. If you have a question or complaint regarding the Services, please contact us by writing to: OnCall Patrol LLC 4446 Inverrary Blvd, Lauderhill, FL 33319, or by e-mailing us at [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include payment information (such as credit card information) or other sensitive information in your e-mail correspondence with us.  California residents may reach Consumer Information Center of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 800.952.5210.

Data Processing Agreement

This Data Processing Addendum (“DPA”) is entered into by and between you and/or the entity you represent (“Customer”) and OnCall Patrol, LLC d/b/a “OnCall Parking Manager” (“OnCall”) and ParkingPass.com LLC d/b/a “ParkingPass” (“ParkingPass” and, together with OnCall, “Provider”),, a Florida limited liability company having its principal place of business at 4446 Inverrary Blvd, Lauderhill, FL 33319 USA, is effective as of the date of the last signature below.

Customer and Provider are separately referred to as a “Party” and jointly as the “Parties.” This DPA is an exhibit to the Master Services Agreement entered into by the Parties (the “Agreement”). Defined terms used herein and not otherwise defined have the meanings set forth in the Agreement.

Pursuant to the Agreement, Provider shall provide the Services and Provider may have access to Customer Data and Personal Information through the provision of such Services. This DPA enables the Parties to comply with their respective obligations with respect to Customer Data and Personal Information, Personal Information being a subset of Customer Data. This Addendum is effective as of the date of Customer’s first use of the Services or, if applicable, the date of the Agreement (the “Addendum Effective Date”).

1. Definitions

“Affiliate” has the meaning as set forth in the Agreement.

“Applicable Law” means all laws, rules, and regulations, as amended, that are applicable to the Agreement and/or any of the Parties.

“Customer Data” has the meaning as set forth in the Agreement.

“Data Controller” means the Party who determines the purpose and means of the Processing of Personal Data.

“Data Processor” means the Party who Processes Personal Information on behalf of the Data Controller.

“Data Protection Laws” means all data protection and privacy laws and regulations applicable to the respective party in its role in the Processing of Personal Information under the Agreement.

“Data Residency Laws” means the Applicable Law of a country, territory, province, or jurisdiction that requires Personal Information to be Processed or stored within such country, territory, province, or jurisdiction.

“Data Subject” means the identified or identifiable natural person to whom Personal Information relates.

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

“Personal Information Categories” means the categories of Personal Information collected or Processed under the instructions of the Data Controller,

“Processing” means any operation or set of operations that are performed on Customer Data or on sets of Customer Data, whether or not by automated means. This term includes “Process,” “Processes,” and “Processed.”

“Security Incident” means the unauthorized access or disclosure, destruction, loss, or alteration to Customer Data.

“Sub-processor” means any other processors engaged by Provider to Process Customer Data.

2. Data

Provider acknowledges and agrees that it may receive, collect, and Process Customer Data on behalf of Customer relating to the subject matter and duration of the Processing as described on Schedule 1 hereto. Personal Information may be included in the Customer Data. The Personal Information Categories are disclosed on Schedule 1.

3. Data Ownership

All Customer Data provided to or collected on Customer’s behalf under the Agreement are the property of Customer. Licensing of the Customer Data is handled in the Agreement.

4. Data Controller

The Parties acknowledge that Customer is the Data Controller and Provider is the Data Processor regarding the Services.

5. Processing.

To the extent that Provider Processes Personal Information pursuant to the Agreement, Provider shall:

1. Adhere to the instructions of the Data Controller for the Processing of Customer Data, such instructions to be set forth on Schedule 1.
2. Only Process such Personal Information as necessary to fulfil its obligations under the Agreement.
3. Not retain, use, or disclose any Personal information provided by or collected on behalf of Customer except as necessary for the purpose of performing Provider’s obligations under the Agreement, as permitted by the Agreement, or as permitted under the Applicable Law.
4. Process Personal Information in accordance with Applicable Law.
5. Inform Customer, without undue delay if, in Provider’s reasonable opinion, an instruction violates Applicable Law. Provider and Customer shall seek to reasonably resolve the questionable instruction in good faith.

6. Confidentiality Obligation.

Provider shall require all Provider employees and contractors who have access to Customer Data to comply with the obligations of this DPA. Provider agrees to require and maintain a confidentiality agreement regarding the processing of Customer Data for each employee and contractor with access to Customer Data.

7. Sale or Sharing of Data.

Provider acknowledges and agrees that it shall not make any re-disclosure of Customer Data other than as permitted by this DPA or Agreement. Provider shall not sell or share Customer Data with a third party. Provider may share data with its Sub-processors to provide the Services, and with third-parties if legally required.

8. De-Identified Data.

Provider agrees to not attempt to re-identify de-identified Customer Data, except for testing that the de-identification algorithm was successful. Provider will require the same of any Sub-processors.

9. Data Residency Requirements.

Controller shall advise Provider of any relevant Data Residency Laws.

10. Customer Data Disposition.

Upon written request from Customer, Provider shall return and/or dispose of all Customer Data, with the exception of any Customer Data that has been licensed to Provider for improvement and development of its product offering. The format for returning Customer Data will be as agreed to or if the Agreement is silent as to the format, in an industry standard format. Disposal shall include the disposal of Customer Data from all backups, metadata, and artifacts within a commercially reasonable timeframe. If Provider’s disposal method is deletion, Provider shall protect the remaining data with industry standard encryption and proper security controls. If the media is end of life, Provider shall sanitize media per NIST SP 800-88 Rev. 1, or as amended. Upon written request, Provider will provide Customer with the Customer Data Disposition status.

11. Sub-processor Obligations.

Provider shall enter into a written agreement with each Sub-processor that contains obligations no less protective of Customer Data than the obligations of this DPA. Upon written request, and subject to any confidentiality restrictions, Provider shall reasonably provide Customer with relevant Sub-processor information for Customer to comply with Applicable Law. Provider shall engage a new Sub-processor only after providing Customer with an opportunity to reasonably object.

12. Data Security.

Provider shall implement and maintain industry-standard administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of Customer Data. Provider shall adhere to the data security requirements of applicable Data Protection Laws. Provider acknowledges and agrees to have an industry standard written incident response plan. Upon request, Provider agrees to provide Company with a summary of Provider’s written incident response plan.

13. Security Incident.

Provider agrees to adhere to applicable Data Protection Laws with respect to a Security Incident including, the required responsibilities and procedures for notification, mitigation, and recovery of any such incident. If Provider becomes aware of a Security Incident, Provider shall notify Customer of the Security Incident without undue delay, and no later than seventy-two (72) hours after becoming aware, unless notification would disrupt investigation of the Security Incident by law enforcement. In such event, notification shall be made within a reasonable time after the incident. The initial Security Incident notification and follow up communications shall provide, as it becomes available, the following information:

1. A list of the types of Customer Data that were or are reasonably believed to have been the subject of the Security Incident.
2. If the information is possible to determine at the time of the notice, the (1) date and time of the Security Incident, (2) the estimated data and time of the Security Incident, or (3) the date and time range of the Security Incident.
3. Whether the notification was delayed due to a law enforcement investigation.
4. A description of the Security Incident; and
5. When available, the root cause analysis of the Security Incident and the planned remediation and recovery steps.

14. Audits.

Provider’s security compliance is assessed by independent third-party auditors. Upon Customer agreeing to an NDA, Provider shall provide access to information regarding Provider’s ISO 27001 and ISO 27701 certifications. In the event that Provider discontinues a third-party audit, Provider will adopt or maintain an equivalent industry-recognized security standard.

15. Data Subject Requests.

Provider shall promptly notify Customer if Provider receives a Data Subject request that pertains to Customer Data or otherwise identifies the Customer. Provider shall reasonably cooperate with Customer in response to the request if the requested Customer Data is not accessible by Customer.

16. Data Protection Impact Assessments.

Provider shall reasonably cooperate with Customer if Customer is required to create a Data Protection Impact Assessment as required by Data Protection Laws.

17. Third-Party Inquiries.

If law enforcement or other government authorities request disclosure of Customer Data from Provider, Provider shall promptly notify Customer prior to a compelled disclosure, unless lawfully prohibited. Provider shall reasonably cooperate with Customer in addressing the request.

18. No Third-Party Rights.

In no event shall this DPA benefit or create any right or cause of action on behalf of a third party, but without prejudice to the rights or remedies available to Data Subjects under Data Protection Laws.

19. Termination.

In the event that either party seeks to terminate this DPA, they may do so by mutual written consent if the Agreement has been terminated or is terminated in conjunction with this DPA. If the Agreement is terminated, this DPA will remain in effect until all Customer Data is disposed.

20. Priority of Agreements.

In the event there is a conflict between the terms of this DPA and the Agreement, Terms of Service, Privacy Policies, or other writing, the terms of this DPA shall apply and take precedence.

21. Entire Agreement.

This DPA and the Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating hereto. This DPA may be amended and the observance of any provisions of this DPA may be waived only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any exercise thereof or the exercise of any other right, power, or privilege.

22. Severability.

Any provision of this DPA that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this DPA, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Notwithstanding the foregoing, if such provision could be more narrowly drawn to not be prohibited or unenforceable in such jurisdiction while, at the same time, maintaining the intent of the Parties, it shall, as to such jurisdiction, be so narrowly drawn without invalidating the remaining provisions of this DPA or affecting the validity or enforceability of such provision in any other Jurisdiction.

23. Governing Law.

This DPA will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement.

24. Waiver.

No delay or omission by either party to exercise any right hereunder shall be construed as a waiver of any such right and both parties reserve the right to exercise any such right from time to time, as often as may be deemed expedient.

EXHIBIT A

A. Personal Information Categories: Customer’s individual users

B. Subject Matter and Duration of Processing: Provision of the Services and continuous, as set forth in the Agreement

C. Processing Instructions: The objective of the transfer of Customer Personal Information and further processing is provision of the Services.

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