Privacy

Smart City Parking Ghana Ltd (hereafter referred to as ‘the operator’, ‘us’ or ‘we’) are committed to protecting personal data in line with relevant legislation and guidelines. It is recognized that the operator is a data controller in accordance and compliance with the Data Protection Commission (Ghana).

Therefore, the operator processes and stores personal data in relation to a number of purposes.

The statements below outline how the operator may use and process personal data in relation to

The issue and enforcement of Parking Charge Notices
The application of vehicle immobilisation (or wheel clamping) and the payment of subsequent Vehicle Release Fees (VRFs)
The towing of your vehicle to the operator’s towing yard/vehicle pound
The use of Body Worn Video by Smart City Parking Ghana Ltd’s parking operatives
The issue of parking permits
Those who reside at residential developments managed by the operator but do not have entitlement to park and/or do not require a permit
Dispute resolution and legal action
App users

As a data subject, you have the right to request all personal data held regarding yourself and your vehicle through a Subject Access Request. This request must be made in writing either to the operator’s postal address or via email directly to the Data Protection Officer. A Subject Access Request will be fulfilled upon receipt of proof of identity. The fulfilled request will be sent by first class post to the provided address and completed within one month of receipt.

Please note that Subject Access Requests are free of charge, except if the request is manifestly unfounded or excessive, particularly if repetitive. The operator may refuse to comply with the request or charge a reasonable administration fee of 100 GH¢

Please also contact us (either by post or email), with proof of identification and any relevant information such as reference numbers, if you:

Object to your personal data being processed, and/or
Believe the details we hold on you are incorrect and would like us to rectify this, and/or
Would like us to delete the data we hold on you, and/or
Would like to restrict how we process your data

Please note that you have the right to request the above, however, when we receive your requests we may object to your request if we do not agree with it. However, if you do make the request, we will tell you if the request has been granted or not.

If you feel that your data has been processed unfairly or unlawfully, you may complain to the Data Protection Commission (Ghana) at www.dataprotection.org.gh or by phoning them at +233-(0)256301360.

For further information on your rights as a data subject, please refer to the website above.

Privacy Notice for Users of Car Park(s) – in relation to the issue and enforcement of Parking Charge Notices (PCNs), inclusive of PCNs served by post

Entry into a car park or the parking of your vehicle on public roads managed by the operator may result in your personal data being obtained, retained and processed. Should one be issued a Parking Charge Notice, or have your vehicle immobilised and then pay a subsequent VRF, or have your vehicle towed as a result of on non-payment of said VRF, and or having your vehicle towed for any other standalone reason, the data processed may be inclusive of (but not limited to): the vehicle registration mark; time and movements of the vehicle; postal address of the keeper and/or driver of the vehicle; photographs of you and your vehicle; and any other data that may be relevant to a dispute over the use of the car park.

The purposes for which the data is processed is as follows:

To ensure compliance with your obligations under the contract entered into when you entered and remained on the land.
For the legitimate purposes of pursuing the driver and/or any other party in relation to these contractual obligations.
To protect our client’s rights as landowners and any rights users of the lands may be granted.

Our lawful basis for processing this data is, but not excluding, as follows…

Contract – “processing is necessary for the performance of a contract with the data subject or take steps to enter into a contract”
Legitimate interests – “processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party…”
Consent – “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”

For the avoidance of doubt, the legitimate interests referred to above are the pursuance of unpaid parking charges/ related enforcement and the legitimate interests of our clients in the protection of their rights as landowners.

Where there is a fee which is payable, we may seek personal details of the registered keeper from the Driver and Vehicle Licensing Agency (DVLA). Should the registered keeper not be the driver at the time of the contravention, the name and address of the driver may be sought from the keeper or hirer of the vehicle.

In most circumstances, data will be retained for the life of the debt and up to six years thereafter. In some scenarios, data may be held for longer than this time frame. For example, where there is an ongoing dispute which requires us to hold the data for longer than normal or where a court order has been made allowing us to pursue outstanding money after the expiration of six years.

Enforcement of Parking Charge Notices (PCNs) or Vehicle Release Fees (VRFs) may include the passing of personal data to third parties such as debt recovery companies, solicitors and high court enforcement bailiffs. This is in line with the lawful justifications under which the data was obtained.

Personal data may be provided willingly and freely by the data subject through the representations (appeals) procedure. This includes names and addresses, but may include sensitive personal data such as health information for appeals based in mitigation. Data is retained, again, for the legitimate interests of the operator and the operator’s clients.

Should you make representation against a Parking Charge Notice or vehicle immobilisation, the operator is bound to offer the use of an Alternate Dispute Resolution (ADR) scheme as part of our membership to an Accredited Trade Association, i.e the United Traffic and Parking Association (UTPA). Therefore, if your appeal is rejected, personal data will be passed to an independent appeals body, in order to facilitate this right.

Privacy Notice for Users of Car Park(s) – in relation to the issue and enforcement of Parking Charge Notices (PCNs) issued with the use of Automatic Number Plate Recognition technology

Entry into a car park managed by the operator with Automatic Number Plate Recognition (ANPR) technology in place may result in your data being obtained, retained and processed.

All entrants to the car park will have their vehicle registration mark and time of entry/exit recorded. Should this not amount to a contravention of the terms and conditions for the use of the land, such personal data will not be retained. It should be noted that anonymisation processes may occur to retain the data for reporting purposes. However, no identifiable data will be held.

Should one’s parking period result in being issued a Parking Charge Notice, the data processed may be inclusive of (but not limited to): the vehicle registration mark; time and movements of the vehicle; postal address of the keeper and/or driver of the vehicle; photographs of you and your vehicle; and any other data that may be relevant to a dispute over the use of the car park.

Please refer to ‘Privacy Notice for Users of Car Park(s) – in relation to the issue and enforcement of Parking Charge Notices (PCNs), inclusive of PCNs served by post’ for full guidance on how your data may be used.

Privacy Notice for Users of Car Park(s) – in relation to the use of Body Worn Video (BWV) by Smart City Parking Ghana Ltd’s parking operatives

Entry into a car park managed by the operator may result in your personal data being obtained, retained and processed. Should one approach a representative of the operator (i.e. an enforcement operative), they may employ Body Worn Video (BWV) technology for their safety.

The engagement of BWV shall be at the sole discretion of the enforcement operative and some may choose for their cameras to be continuously recording while on site.

The data processed may be inclusive of (but not limited to) identifiable images of oneself, your vehicle registration mark and any other information provided over the course of the recording.

The purposes for which this data is processed is as follows:

The safety and security of our parking operatives while carrying out work on behalf of the operator.
To act in evidence in any arising dispute over any incident occurring on site.

These legitimate interests are that which are described as the purposes for data processing above.

In the interests of safety, personal data obtained through the use of BWV may be passed to third parties; namely, the authorities, solicitors and our clients.

Mundane footage captured over the course of an operative’s patrols will be retained in a cloud-based system for up to 30 days, after which time all footage is routinely deleted. Any footage that may be pertinent to an aggressive incident or the enforcement of a Parking Charge Notice may be separately saved and retained. In most circumstances, data will be retained for up to six years. In some scenarios, data may be held for longer than this time frame. For example, where there is an ongoing dispute which requires us to hold the data for longer than normal.

Privacy Notice for Users of Car Park(s) – in relation to the issue of parking permits.

Applying for a permit from the operator may result in your personal data being obtained, retained and processed. The data processed may be inclusive of (but not limited to) your name; current address; vehicle registration mark; copies of documentation such as utility bills, insurance documents, vehicle log books, lease documents, tenancy agreements and driving licenses; credit/debit card details; telephone contact numbers; e-mail addresses.

The purposes for which the data is processed is as follows;

To implement a permit system for the general public or other authorised drivers.
To implement a permit system, thereby fulfilling and protecting rights of residents that may be granted under lease documents or tenancy agreements with regards to parking. That is to say, ensuring those with entitlement to park can gain access to said parking.
To implement a permit and enforcement system, thereby fulfilling the contractual obligations of the operator to our client.
To protect our client’s rights as owners of private land.
To act as evidence in any arising dispute over permit issue or entitlement to park

The operator processes this data lawfully and fairly, with the lawful basis being as described under relevant legislation:

Legitimate interests – “processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party…”
Consent – “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”

The legitimate interests have been outlined as the purposes for processing this personal data. Data may be passed to our clients (i.e. landowners) as part of their legitimate interests and contractual rights.

In most circumstances, data will be retained for up to six years. In some scenarios, data may be held for longer than this time frame. For example, where there is an ongoing dispute which requires us to hold the data for longer than normal or where a court order has been made allowing us to pursue outstanding money after the expiration of six years.

Sensitive debit and credit card details are, in the vast majority of cases, not held longer than 24 hours. In the case of a declined payment, the card details may be retained for up to 5 days in which the operator will attempt to contact the card-holder to verify the recorded information.

Privacy Notice for Users of Car Park(s) – in relation to dispute resolution and legal action

By applying for a permit and/or parking on controlled land, your data may be obtained, retained and processed. Should a dispute arise, the operator reserves the right to utilise any and all evidence held that is pertinent to the matters at hand.

The data processed may be inclusive of (but not limited to) the following –

Vehicle registration marks of enforced vehicles
Time and movements of enforced vehicles
Name and address of the keeper and/or driver of enforced vehicles
Photographs of enforced vehicles and their drivers/passengers
Vehicle registration marks of residential vehicles
Name and address of residents
Permit allocation
Email address and other contact details
Copies of documents such as utility bills, insurance documents, V5 log books, lease documents, tenancy agreements, driving licenses
Payment information including transaction details

The primary purposes of processing such data is outlined in the relevant privacy notices.

By way of further explanation, please note that data provided in the representations process or permit application procedure may be retained and used as evidence should a dispute arise over a related Parking Charge Notice. Accordingly, data may be shared with relevant Alternate Dispute Resolution schemes, solicitors, mediation services and/or courts.

This data is obtained and processed fairly and lawfully. Any data provided is done with the full consent of the data subject. However, the retention of such data does not rely on any such consent. The lawful basis for the processing and retention of this data is justified under the Data Protection Commission (Ghana) regulations.

The legitimate interests pursued by the operator and the operator’s clients can be summarised as follows –

Implementing and providing the operator’s service as a parking management and enforcement operator. This service is in place to protect the interests of both those with parking rights and landowners. Enforcement may also be in place in the interests of health and safety and/or access issues.
The pursuance of contractual obligations entered and agreed to as a result of parking contrary to the outlined terms and conditions. That is to say, the enforcement of Parking Charge Notices for the interests above.

Privacy Notice for Users of the Smart City Parking App

By registering as a self-ticketer, your personal data may be obtained, retained and processed by the operator. It should be noted from the outset that personal data relating to self-ticketers will be passed to the United Traffic and Parking Association for their compliance verification and as such, data subjects may wish to consider the UTPA’s own Privacy Notices.

For the purposes of this notice, the term ‘self-ticketer’ is defined as under the UTPA’s Code of Practice – “a person not employed by an operator to issue a Parking Charge or record evidence of a Parking Event on the behalf of an Operator”.

The purposes for which the data is processed is as follows;

To ensure full compliance with the UTPA’s Code of Practice and create a documented audit trail.
To ensure full compliance with the operator’s statute obligations and contractual duties to parties such as the DVLA.
To implement a parking enforcement scheme and thus, to protect our client’s rights as owners of private land and any rights users of the lands may be granted.

For the avoidance of doubt, the legitimate interests referred to above correspond to the purposes for which the data is processed.

While the lawful basis for obtaining the data relies on both legitimate interests and data subject consent, the retention of such data does not rest on such consent. That is to say, the withdrawal of consent would only prevent further processing and one’s data may be retained for up to six years in line with the legitimate interests of the operator and the UTPA.

Account Deletion

You can delete your account from the app by following the process below on app.

Your email address and phone number will be deleted from our server after you delete your account and we do not keep personal data.

The data about the booking sessions will be kept for future reference and for administrative purposes only.