Terms and conditions for parking
Purpose of number plate recognition
Vehicle number plates are automatically recorded to determine parking duration, identify vehicle registration numbers in case of violation of the displayed terms and conditions when using the parking area, pursue any payment claim, ensure payment for damages, protection of property, injunctions as well as settlement of parking fees collected. For further information on data protection and the contact details of the data controller/processor, please refer to the information on data protection. The legal basis for the data processing is Article 6(1)(b) and (f) of Regulation No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the GDPR and hereinafter referred to as the “Regulation”).
Data protection information
Name and contact details of the controller/processor
Parking Solutions Danmark ApS (trading under the brand name “Avantpark” and hereinafter referred to as Avantpark), Kollegievej 6, 2920 Charlottenlund, Tel. +45 71 92 92 66, [email protected]
Registration and processing of number plates
At entrances to the parking area, Avantpark automatically registers the license plates of vehicles entering or exiting, including the front and rear license plates. This is done with data processing and imaging software and stored with time, date and location stamps (see information signs and pictograms at entrances).
Processing and storage of data and legitimate interests
In addition to Avantpark’s legitimate interests, the purpose of processing and storing data is to determine vehicle license plates in order to assess payment claims, payment for damages, protection of property, injunctions in case of violation of parking area terms and conditions, as well as to fulfill Avantpark’s contractual obligations to provide other services (e.g. comparisons with other parking permit products). In the event of a violation of the published contractual and parking terms and conditions, Avantpark may identify the owners of the vehicles by the Motor Administration and process and store this data, and, if necessary, forward the information to third parties (e.g. lawyers and collection companies) for further recovery of the claim and obtain a judgment/indictment.
The legal basis for data processing
Article 6(1)(b) and (f) GDPR.
Retention period and criterion for determining duration
Automatically collected data is deleted immediately upon leaving the parking area, again automatically, unless there is a specific reason for longer storage, e.g. due to breach of contractual and relationship conditions. If there is a legitimate reason for longer retention, the data will be deleted after expiry of the mandatory periods. The necessity of retaining data will be reviewed regularly. In the case of mandatory archiving obligations, data will be deleted upon expiry unless there is a specific reason for further retention.
Recipients or category of recipients of personal data
Data collected will be processed within Avantpark and by other bodies if and to the extent that they are entitled to do so and to the extent that it is necessary to fulfil our legal obligations, e.g. the Motor Authority for the purpose of determining the owner, and e.g. lawyers and collection companies for the purpose of enforcing the law in the event of breach of terms and conditions of use of the parking area.
References to data subjects’ rights
A data subject has the following rights against the controller:
- Obtain information under Art. 15 GDPR to determine whether personal data concerning them is being processed
- Require correction of inaccurate data or completion of data in accordance with Art. 16 GDPR
- Require erasure if there is a reason to do so under Art. 17 GDPR (right to erasure – “right to be forgotten”), e.g. if data is no longer required for the purposes
- Request for restriction of data processing pursuant to Art. 18 GDPR, e.g. if the accuracy of the data being processed has been contested or for the duration of the processing of an objection to data processing.
- Receive personal data relating to the subject itself that the subject has provided to the controller in a structured, typically used and machine-readable format, and the subject has the right to transmit such data to another controller without hindrance from the controller that provided the personal data.
- Object at any time on the basis of their unique situation in relation to the processing of personal data relating to the data subject (Art. 21 GDPR), which will result in the controller no longer being able to process the data subject’s personal data, unless compelling legal grounds can be demonstrated for the processing which would override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims
- Complaint to the supervisory authority without prejudice to any other administrative or legal remedy, in particular in the Member State where the subject resides, works or where the alleged infringement took place. This applies if the data subject considers that the processing of their personal data breaches the GDPR (Art. 77 GDPR). The supervisory authority responsible for this controller is Datatilsynet, Carl Jacobsens Vej 35, 2500 Valby, Tel. no. +45 3319 3200, mail: [email protected]
Other terms and conditions for use of private parking area
Conclusion of parking agreement
Upon entering the private parking area, the driver of the motor vehicle accepts the offer of Avantpark to execute a parking agreement in accordance with the following terms and conditions, as well as the conditions indicated on the signs in the parking area.
2.1 Avantpark gives the driver of the motor vehicle – hereinafter the user – the opportunity to park his/her vehicle in a parking space in the private parking area dedicated for this purpose in accordance with the terms explained below. This contract does not constitute a claim by the citizen against Avantpark for the provision of a parking space. This applies in particular if all parking spaces are already occupied.
2.2 When entering the private parking area, the user is obliged to comply with the usage restrictions indicated on signs. The user must follow traffic regulations, traffic and information signs and specified guidelines. In all other respects the provisions of the Road Traffic Act shall apply etc.
2.3 The User’s choice of parking space is limited to parking spaces that are not reserved or rented. Upon entering the area, the user must immediately park the motor vehicle in an appropriate parking space. Parking of vehicles is only permitted within the designated or otherwise allocated parking spaces. If there are no clearly marked parking spaces, the vehicle must be parked in such a way as not to obstruct and/or endanger other users. The user must follow the instructions of Avantpark employees if they are on the premises.
2.4 Disabled vehicles may be parked in specially marked disabled bays, which may only be used by users with special permission. The permit must be visible in the windscreen of the vehicle. Unauthorised parking in disabled bays shall be considered as a breach of point 2.3.
2.5 The parking space is considered to be handed over when the vehicle is actually parked by the user.
2.6 Avantpark’s contractual obligation is limited to the provision of a free and available parking space during the contracted parking period.
2.7 Avantpark’s obligation does not include monitoring, guarding, securing and providing insurance coverage for the rented vehicle or any other activity beyond providing a parking space. Avantpark shall not undertake any care/attendance.
2.8 It is not permitted to park vehicles without third party insurance, without a valid number plate, as well as with damage that could lead to loss of fuel or lubricants or other defects that could endanger the operation of the parking area.
2.9 The User is obliged to secure the parked vehicle in accordance with traffic regulations and to carefully lock it.
2.10 It is the user’s responsibility to act with skill and caution within the parking area, especially when entering, leaving and parking. This also applies if Avantpark employees assist the user with instructions.
2.11 The User shall limit his/her stay in the parking area to the time necessary for drop-off and pick-up including payment, if applicable. It is not permitted to remain in the parking area outside this time period.
2.12 Smoking is not permitted in the parking area.
2.13 Winter maintenance, in particular snow removal and salting/graveling, is only carried out within the parking area. The user is not entitled to winter service.
Parking lot use
3.1 To determine if and when vehicles enter or exit the parking area, a camera-based license plate recognition system is used at access points. This records the user’s number plate including time, date and location using data technology when entering or leaving the parking area.
3.2 The user will have a minimum of 5 minutes to find a parking space or leave the parking area. If the user has not left the parking area within this time, the length of the parking will be calculated on the basis of the time recorded, see point 3.1.
Issue of a control fee in the event of an infringement
4.1 Upon entering the parking area, the user accepts the provisions regarding the restriction of use of the parking area as well as the parking conditions indicated on the area’s signs.
4.2 In case of violation of the parking conditions, a control fee of 790,00 DKK per day will be charged. If a different control fee is indicated on the sign, the rate indicated on the sign shall apply.
4.3 Each calendar day these terms and conditions are breached will be assessed separately and shall constitute a separate breach of the purpose of this Agreement from day to day. However, such accumulated control fee shall not exceed a maximum of 6000 DKK.
4.4 Vehicles with number plates that are not registered with the Danish authorities may be blocked by a technical unit to prevent exit from the parking area to secure control fees and administrative costs for a total amount of 600 DKK due to the difficulty in identifying the owner.
4.5 In addition to the control fee, Avantpark reserves the right to charge the user for costs and expenses incurred by the user and for additional losses related to the collection and enforcement of the control fee.
4.6 The user grants Avantpark the right, under exceptional circumstances, to have the vehicle towed from the parking area and stored at the user’s own expense and risk, if:
4.6.1 A concrete damage arises from the vehicle, in particular if the parked vehicle poses a danger to the operation of the parking area or the environment, due to immediate or imminent loss of fuel or lubricants or for other reasons.
4.6.2 Vehicle registration is missing.
4.6.3 The vehicle is parked in a manner that does not comply with traffic regulations, illegally, obstructively or in parking spaces marked as reserved, in particular if no parking permit is available.
4.6.4 If a vehicle is parked in breach of these terms and conditions for more than five (5) days.
4.6.5 In addition to the costs of towing/storage, Avantpark is also entitled to the payment of the imposed control fees collected up to that date.
Consent to data collection and processing
5.1 Avantpark may collect personal data from users of the parking area. The collection of data is limited to the data necessary to ensure the contractual operation of the parking area (see “Data protection information”).
5.2 In the event of a breach of the provisions of these Terms and Conditions, Avantpark may collect and process additional data, in particular vehicle ownership data, by contacting the Motor Authority or other authority or service provider. Such enquiries shall be made solely for the purpose of enforcing and pursuing any such claim against the owner, driver or user of the Vehicle. Such claims may arise out of or in connection with the use of the parking area, in particular claims relating to payment, damages, protection of property and/or injunctions.
5.3 By entering, the user agrees to the collection, storage and further processing of his data.
Limitation of liability
6.1 The user uses the parking area at his own risk. In particular, any liability for Avantpark caused by other users or third parties is excluded.
6.2 The liability of Avantpark, its employees or third parties for damages and claims for damages shall be limited to intent and gross negligence, except for damages to life, body or health.
6.3 The user shall be liable to Avantparks, its employees and third parties for any damage caused by the user, its agents or escorts. The user is obliged to immediately report any damage to Avantpark. In addition, the user shall be held liable for any intentional or unintentional damage to the parking area, including existing green areas.
7.1 In the case of parking where the user is considered a business, disputes will be settled by Avantpark’s court of jurisdiction.