Privacy Policy

We are POGO SYSTEMS INC. (“POGO”, “we” or “us” or “our”). The following is our Privacy Policy (“Privacy Policy”).

This Privacy Policy explains how we collect, use, disclose and safeguard the personal information that you or a third party provide. Providing information or authorizing a third party to disclose personal information to us signifies your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy.

1. For the purposes of this Privacy Policy, “personal information” means information that can identify an individual directly or through other reasonably available means, including without limitation, name, image (which may be in photos or videos), postal or zip code, motor vehicle information, parking history and credit card information. We will use and disclose your personal information in order to provide our products and services (collectively, the “Services”), send you information about the Services and products and services offered by third parties, as well as to make advertising available to you both via our Services and elsewhere.

2. Consent to Terms of Privacy Policy

By providing personal information to us, you are consenting to the collection, use and disclosure of same pursuant to the terms of this Privacy Policy.

The choice to provide us with personal information is always yours. Upon request, we will explain your options of refusing or withdrawing consent to the collection, use and release of your information, and we will record and respect your written choices. However, your decision to withhold particular details may limit the services we are able to offer. For example, if you do not allow us to collect your credit card information, name and birthdate, we may not be able to offer mobile payment processing.

3. Electronic Communication

If and when we communicate with you using electronic means, you can opt out of receiving such messages by following the “Unsubscribe” link included at the bottom of such communications or by contacting the Privacy Officer of POGO at privacy@parkpogo.com. Any questions or concerns with respect to communications from POGO may be addressed to Privacy Officer at privacy@parkpogo.com.

We comply with United States’ CAN-SPAM Act, and so we ask each of our users to execute a consent by clicking “I agree” that confirms that we have our user’s consent to send commercial electronic messages.

4. Our Privacy Principles

4.1 Identifying Purposes and Obtaining Your Consent

We identify the purposes for collecting your personal information at or before the time it is collected. We will not collect, use or disclose your personal information without your consent, unless required to perform the Services or permitted to do so by law.

At POGO, we collect, use and disclose personal information about you as defined in paragraph 1 of this Privacy Policy. Should we require your information to fulfill a purpose that is not identified in this Privacy Policy, we will obtain your consent before proceeding.

We do not share personal information with companies, organizations and individuals outside of POGO unless we have your consent. We will collect, use and/or disclose your information for the following reasons:

1. For external processing. We may provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. Your personal information may be stored and processed the United States or another jurisdiction and may be subject to the laws of that country or jurisdiction. You expressly consent to such storage and processing.
2. Service-Related Purposes.
   1. internal record keeping;
   2. to provide you with Services by processing and fulfilling and/or refund your order;
   3. to contact you for the purposes of confirming or processing your order, cancellation or chargeback;
   4. parking enforcement purposes;
   5. to administer and operate our contests, promotions and programs;
   6. to improve our Services and to periodically send you promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
3. For legal reasons. We will share personal information with companies, organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
   1. meet any applicable law, regulation, legal process or enforceable governmental request.
   2. enforce applicable terms of service, including investigation of potential violations.
   3. detect, prevent, or otherwise address fraud, security or technical issues.
   4. protect against harm to the rights, property or safety of POGO, our users or the public as required or permitted by law.

5. Limiting the Collection, Use and Disclosure of Your Personal Information

5.1 The Information We Collect

We collect personal information by fair and lawful means and limit collection to that information which is necessary for the purposes identified in this Privacy Policy and as otherwise required by law. The type of personal information that we may ask for includes:

1. Your name;
2. Mobile telephone number, email address and postal or zip code;
3. Motor vehicle information, including license plate number(s);
4. Credit card or other payment information;
5. Information we obtain from your use of the Services. This information may include:
   1. Device information. We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).
   2. Log information. When you use the Services, we may automatically collect and store certain information in server logs. This may include:
      1. details of how you used the Services.
      2. Internet protocol address.
      3. device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
      4. cookies that may uniquely identify your browser or your account.
   3. Location information. When you use the Services, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
   4. Unique application numbers. This number and information about your installation (for example, the operating system type and application version number) may be sent to POGO when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
   5. Local storage. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
   6. Cookies and anonymous identifiers. We use various technologies to collect and store information, and this may include sending one or more cookies or anonymous identifiers to your device.
6. Any other information that we reasonably believe is necessary to allows us to provide the Services.

The choice to provide us with your personal information is always yours. However, your decision to withhold particular information may limit our ability to provide you with the Services.

On occasion, you will be asked to update your consent to ensure that our files remain accurate and in order to comply with our legal obligations. You are encouraged to advise POGO of any changes to your personal information that may be relevant to the services provided to you.

5.2 How Your Information is Collected

We make reasonable efforts to ensure that those third parties that disclose your personal information to us have first obtained your consent. If you believe that a third party has inappropriately disclosed your personal information to us, please contact that third party directly. If the third party does not sufficiently respond to your inquiries, please let us know immediately.

Web cookies are very small text files that are stored on your computer from our Services to keep track of information about your browsing history on our Services. Through the use of web cookies, we may monitor the ads you see and the number of times you view them. The use of cookies also allows us to capture standard web traffic information, such as the time and date you visited our Services, your IP address, and your browser information. In no circumstances do the cookies capture any information that can personally identify you.

5.3 Disclosure to Third Parties

Information you provide may be shared with the merchants or third party service providers with which POGO has entered into a business relationship in order to provide the Services. In addition, POGO may sell, disclose or otherwise use personal information to third parties on an aggregated basis.

We may also disclose your personal information to third parties if required or permitted by law.

We may be legally required to disclose personal information pursuant to government requests, government audits, criminal investigations or government tax reporting requirements. In some instances, such as a legal proceeding or court order, we may also be required to disclose your personal information to authorities. We take precautions to satisfy ourselves that the authorities that are making the disclosure request have legitimate grounds to do so.

Your personal information may be disclosed in situations where we are legally permitted to do so, such as in the course of employing reasonable and legal methods to enforce your or our rights or to investigate suspicion of unlawful activities. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.

5.4 Keeping Your Information Accurate

We make every reasonable effort to keep your personal information as accurate, complete and up-to-date as necessary. If desired, you may verify the accuracy and completeness of your personal information in our records.

Despite our best efforts, errors sometimes do occur. Should you identify any incorrect or out-of-date information in your file, we will remedy any such errors on a timely basis. In the event that inaccurate information is mistakenly sent to a third party, we will communicate relevant changes to the third party where appropriate.

5.5 Data Retention

Your personal information will be deleted if you have not used the Services for thirty-six (36) consecutive months or upon such time as you notify POGO, in writing, that you no longer wish to use the Services.

6. Protecting Your Personal Information

We endeavor to safeguard your information through the employment of reasonable physical, technological, and administrative security measures. However, as you know, no method is 100% secure. Our security practices are reviewed on a regular basis and we strive to use measures that we reasonably believe will keep your personal information safe.

7. Addressing Your Inquiries and Concerns

We are happy to provide you with a copy of this Privacy Policy and to discuss any of its content with you. Upon request, we will also inform you of: the type of personal information we have collected; how your personal information has been used; and any third parties to whom your personal information has been disclosed.

Please direct all questions or enquiries about this Privacy Policy to POGO’s Privacy Officer at: privacy@parkpogo.com.

8. Erasure

You have the right to obtain from us the erasure of your Personal Data.  

At any time, you may delete your Account and uninstall the App. Deleting your account can be accessed in your account settings page.

In the event that you delete your Account and the App or request erasure of your Personal Data, we will use commercially reasonable efforts to remove your Personal Data from our files, however, we may not be able to delete some of your Personal Data to the extent that it is still required for discharging our legal obligations. We may also retain, use, and share your Anonymized Data that we previously collected prior to your deletion of your Account.

9. Updating this Privacy Policy

Any changes to our privacy standards and information handling practices will be reflected in this Privacy Policy in a timely manner. POGO reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time. Please check our Services periodically for any modifications. To determine when this Privacy Policy was last updated, please refer to the modification date at the bottom of this Privacy Policy.

10. Services Governed by this Privacy Policy

Our Services are governed by the provisions and practices stated in this Privacy Policy. Our Services may contain links to third party sites that are not governed by this Privacy Policy. Although we endeavor to only link to sites that share our commitment to your privacy, please be aware that this Privacy Policy will no longer apply once you leave our Services and that we are not responsible for the privacy practices of third party sites. We therefore suggest that you closely examine the respective privacy policies of third party websites to learn how they collect, use and disclose your personal information.

11. Governing Law

This Privacy Policy and all related matters are governed solely by the laws of the State of Wyoming and the applicable Federal laws of United States.

12. Personal Information Outside of United States

POGO may perform activities outside of United States through third parties. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other countries and may be subject to the laws of those countries. For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in other countries.