PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING PANGO’S WEBSITE, PANGO’S PARKING SERVICES, PANGO’S SMARTPHONE APPLICATION OR PANGO’S RELATED SERVICES (COLLECTIVELY, "PANGO’S PARKING SYSTEM"). BY CLICKING THE "CONFIRM" BUTTON WHEN YOU SIGN-UP THROUGH PANGO’S WEBSITE OR WHEN INSTALLING PANGO’S SMARTPHONE APPLICATION, BY AGREEING AFTER BEING PROMPTED WHEN SIGNING-UP THROUGH THE IVR, ASR OR ANY OTHER MEANS MADE AVAILABLE BY PANGO’S PARKING PLATFORM OR OTHERWISE BY USING PANGO’S PARKING SYSTEM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (COLLECTIVELY, THE "AGREEMENT"), INCLUDING PANGO’S PROCESSING AND USE OF ALL DATA YOU PROVIDE OR COLLECTED THROUGH PANGO’S PARKING SYSTEM. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT FOR YOURSELF OR ON BEHALF OF ANY BUSINESS ENTITY FOR WHICH YOU HAVE REGISTERED AN ACCOUNT.
CAUTION: YOU SHOULD ONLY ACCESS OR USE PANGO’S PARKING SYSTEM AFTER YOUR VEHICLE HAS COME TO A COMPLETE STOP. USE OF YOUR MOBILE DEVICE WHILE DRIVING IS BOTH UNSAFE TO YOU AND OTHERS AROUND YOU, AS WELL AS UNLAWFUL IN MANY JURISDICTIONS.
Pango Shyyny U.S.A., LLC and its related entities (collectively referred to herein as "Pango," "us," "we" or "our") provides an interactive pay-by-phone parking system that simplifies paying for “on street” or “off street” parking of any vehicle (“Pango’s Parking Services”). Once you have set up an Account, Pango’s Parking Services allow you to start, add to, end and pay for parking sessions and receive personal text messages alerting you of the pending expiration of a parking session. You may participate in Pango’s Parking Services in any of the following ways:
Pango’s Smartphone Application also includes a locator function which may allow you to find indoor and outdoor parking facilities nearest to your current location, as well as the merchant locations or offerings nearest your location for any current Mobile Offer ("Mobile Locator"). Mobile Locator is dependent on your wireless service, your mobile device’s GPS antenna coverage and the wireless coverage within the area in which you are located at that time. If your location is enabled or the Mobile Offers of which you take advantage use location-based products or services, you will be sending Pango location information. This information may reveal your actual location, such as GPS data. Mobile Locator may not be available in all areas. Actual distance between your location and the nearest parking facility utilizing Pango’s Application services and/or Mobile Offer merchant location will vary depending on the area in which you are located. For example, there may be more locations accessible to you in an urban, than a rural, area.
Certain services, such as Mobile Offers, personal alerts and information related to Pango’s Parking System, such as upgrades, surveys and requests for suggestions or feedback, may be provided from time to time in the form of text messages delivered to your registered mobile device. By setting up an Account, registering your mobile device and clicking the "CONFIRM" button, you agree to receive such SMS-based text messages or notifications through Pango’s Smartphone Application to the mobile number associated with your registered mobile device. You are under no obligation to respond to such requests. You may opt-out of receiving Mobile Offer text messages by following the instructions in the body of the text message or Section B3 of this Agreement entitled “Editing Your Account Information/Settings.” You may not opt-out of receiving text messages from Pango with respect to any aspect of Pango’s Parking Services. Pango will not use your mobile phone number for marketing purposes or send you SMS-based communications related to any products, services or promotions other than the confirmation messages, Mobile Offers (unless you opt-out) and Pango’s Parking System information outlined above.
Only individuals who have a valid driver’s license and are either of legal age of majority in their jurisdiction of residence or have been registered by a parent or guardian may use Pango’s Parking Services. Parents, legal guardians or other adults who Sign-Up are responsible for all charges, as well as all acts and omissions of anyone using Pango’s Parking Services through their Accounts. Pango Parking Services are not directed to a child audience. Pango’s reasonable expectations are that a child under age 13 will not have a valid driver’s license and therefore would not have access to an Account. Please contact Pango promptly if you come to know that a child has provided Pango with his/her personal information so that the information may be deleted.
Pango’s Smartphone Application may send discount offers and coupons (collectively, "Mobile Offers") directly to your registered mobile device in the form of text messages or notifications. By installing Pango’s Smartphone Application on your mobile device, you agree to receive Mobile Offers and other SMS-based communications and notifications to the mobile number associated with any registered mobile device associated with your Account and use of your mobile device’s GPS. To redeem Mobile Offers, (i) you must show the offer message and/or coupon graphic containing the Mobile Offer to the merchant at a participating location, and (ii) your purchase must be charged in full to the same credit card registered to your Account. Each Mobile Offer is subject to the terms and conditions specified herein and in the details related to the specific Mobile Offer, if any, and only valid during the times specified in the specific Mobile Offer.
The Mobile Offers are solely for your use; you may not distribute or share any Mobile Offer with any other individual, regardless of whether or not he or she has also downloaded Pango’s Smartphone Application. You may only use each Mobile Offer once, unless otherwise set forth in the Mobile Offer terms and conditions provided by the applicable merchant. To opt-out of receiving Mobile Offers and other communications via SMS text messages or notifications through Pango’s Smartphone Application, follow the instructions provided in the section of this Agreement entitled “Editing Your Account Information/ Settings,” in the body of the SMS text message or notification.
UNLESS OTHERWISE SPECIFIED IN THE TEXT OF THE MOBILE OFFER, THE MOBILE OFFER TERMS AND CONDITIONS OR AT THE POINT OF PURCHASE, ALL MOBILE OFFERS ARE: SUBJECT TO AVAILABILITY; LIMIT ONE OFFER PER ACCOUNT; OFFER MAY BE REDEEMED ONLY BY SHOWING MOBILE OFFER TO MERCHANT; OFFER VALID IN-STORE OR ONLINE ONLY (AS APPLICABLE AND AS STATED IN THE ACTUAL OFFER DETAILS); OFFER CANNOT BE COMBINED WITH OTHER PROMOTIONS OR OFFERS AND IS NOT REDEEMABLE FOR CASH; OFFER NOT VALID ON GIFT CARDS, GIFT CERTIFICATES, OR PRIOR PURCHASES; TAXES AND GRATUITIES NOT INCLUDED; ALCOHOLIC BEVERAGES NOT INCLUDED; AND VALID ONLY IN THE U.S.A. (OR, IF APPLICABLE, WHEREVER THE MERCHANT SHIPS). OTHER RESTRICTIONS. MAY APPLY. SEE SPECIFIC MOBILE OFFER TEXT MESSAGE FOR FURTHER DETAILS. PANGO DISCLAIMS ALL LIABILITY OF ANY NATURE OR SORT FOR MOBILE OFFERS.
You must create an account (“Account”) to use Pango’s Parking Services. Accounts may be created in a number of ways. You may Sign-Up online through Pango’s Website, through your mobile device when you download Pango’s Smartphone Application, call Pango’s toll-free telephone number and follow the IVR or ASR instructions or call Customer Support Service at 1.877.mypango (1.877.697.2646). When you set up an Account through Pango’s Website, your email address is your user name and you will be prompted to choose an 8-character password. When you Sign-Up through IVR/ASR, you will receive a text message with a 4-digit PIN. The PIN is not required for any registered mobile device provided caller identification is activated. Should you wish to pay for parking using an unregistered mobile device or one that does not permit caller identification, you must enter the vehicle license plate/tag number and PIN code. If you do not Sign-Up through Pango’s Website, the first time you Sign-In to your Account through Pango’s Website, you will need to click “Forget your user’s password?” to create your Account Password. You will be prompted to provide additional information that was not previously requested through the registration process. At that time, if you have not already done so, please read these Terms of Service.
When you Sign-Up, you authorize Pango to make such credit, employment and investigative inquiries as may be appropriate, including to consumer reporting agencies, to validate registration information provided both prior to authorizing your Account and from time to time if any concerns arise with respect to your Account. You shall: (i) provide true, accurate and complete information as prompted by the registration form; (ii) not impersonate or misrepresent your identity, your right to use the registered mobile device, credit card or other selected payment option, or the registered vehicles or drivers - or permit anyone else to do so; (iii) maintain and promptly update all registration information to keep it true, accurate, current and complete; (iv) not engage in any harmful or abusive activities that may disrupt Pango’s Parking System or violate any laws, rules or regulations.
It is your responsibility to review and update your Account information. You may change your Account profile and settings at anytime. This is especially important with respect to credit card information because credit cards expire periodically. You acknowledge and agree that Pango will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive notifications, updates or other important information about Pango’s Parking Services. If Pango has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, Pango may suspend or terminate your Account and refuse any and all current or future use of Pango’s Parking Services (or any portion thereof) through your Account.
You may use your Account to pay for on and off-street parking in any municipality and in any parking facility that uses Pango’s Parking Services. Your parking activity will be recorded to your Account each time you use Pango’s Parking Services. Although you will be able to see the detail of your parking activity in real time through your Account, including any recurring fees for personal alerts, Pango will only charge a lump sum to your credit card for all parking activities and all applicable taxes associated with your Account occurring during the previous month (unless the applicable municipality or parking facility operator selects a different billing cycle). If you have elected to receive text-based personal alerts, the lump sum amount charged to your credit card will also include the recurring monthly fee for unlimited text based personal alerts until you notify Pango that you no longer want to receive personal alerts. However, you will not be charged the personal alert fee in any month in which you have no parking activity. You may access your Account history, including all Pango Parking Services charges made to your Account, as well as see the then current balance due through Pango’s Website using your user name and password. A monthly statement reflecting the lump sum charged to your credit card for the previous month’s parking activity also will be accessible to you through your Account on Pango’s Website. The monthly statement will be accessible even if no transactions have occurred during the applicable month. You agree that Pango may provide your Account statements and all messages and notifications to you electronically through Pango’s Website. You agree that your Account may be terminated should you revoke your consent to receiving Account information, statements, messages or notifications electronically.
You may edit your Account information and change your Account settings, for example, to add/delete credit cards, mobile devices, drivers, vehicles, update Account information or change your preferences in connection with personal alerts. You may opt- out of receiving Mobile Offers at any time through Pango’s Website. However, you may not opt-out of receiving SMS text messages or notifications from Pango with respect to any aspect of Pango’s Parking Services. You may stop all future collection of information by Pango easily by terminating your Account as provided in Section B7 below entitled “Account Termination.”
Fees. You pay the actual parking rates designated by the applicable parking authority or parking operator plus all taxes imposed by applicable law. Some parking authorities/operators may also charge a convenience fee in addition to the parking fee. Pango does not control parking rates, taxes or convenience fees. Please check frequently with the applicable parking authority or parking operator as parking rates, convenience fees and taxes are subject to change and are outside of Pango’s control. In addition to the parking fees discussed above, Pango does charge fees for ancillary services, such as a recurring monthly fee for unlimited personal text message alerts. Personal alerts are a text message sent to your mobile device alerting you of the pending expiration of your designated parking time. If you do not opt-out of receiving personal alerts, in addition to the parking fees and taxes for parking activity occurring during the previous month, you will be charged the personal alert service fee automatically, on a recurring basis, for each month that you have parking activity, until you notify Pango that you no longer wish to receive personal alerts. Although the personal alert fee will be separately itemized on your Account statement, it will not be separately itemized on your credit card statement; rather it will be included with the lump sum charges for your parking activities. If you decide that you no longer desire to receive personal alerts, your opt-out request will be effective the first full month after you notify Pango to stop the personal alert service. Pango disclaims liability if, for any reason, you do not receive a requested personal alert. Pango also disclaims liability for failure to complete your transaction due to inability to connect to any part of Pango’s Parking System or payment processor clearance issues, such as if you have exceeded your credit card limit or if your card is rejected for any reason. A fee of US$15.00 may be charged to your Account if your credit card is rejected. Unpaid outstanding balances may accrue interest at the highest rate allowable by law. In addition, standard data and text rates may apply for each text message sent from and received by your mobile device as determined by your wireless provider. You are solely responsible for all charges attributable to your Account, including those mentioned above, as well as any other charges imposed by your wireless provider. You should contact your wireless provider for complete data, text and other pricing details. Fees will be charged to your Account in the currency of the country in which the applicable municipality or parking facility is located, at the rates posted by the municipality or facilities operator on the date of service unless you are given the option to choose the Dynamic Currency Conversion (“DCC”) feature facilitated by your credit card.
Refunds. If you believe a billing or accounting error has occurred with respect to charges made to your Account, please notify Pango Customer Service at support@mypango.com. Please provide your name, mobile device number, city and zone, parking facility and parking operator involved, description of the error including dollar amount and the best way to contact you. If Pango verifies the billing error, it will credit your Account in real time; however your credit card may not reflect the refund until the following billing cycle. If you believe you were charged for parking activity that did not occur, Pango will forward your notice to the operator of the specific parking facility which will resolve your complaint pursuant to its policies and procedures. Please note that Pango is not involved in resolution of parking disputes other than simple billing errors or personal alerts. Pango only facilitates the resolution of the dispute with the parking facility operator/parking authority. Either Pango or the parking facility operator/parking authority will notify you of the resolution of your complaint within thirty (30) business days from receipt of your dispute notice. If the parking facility operator/authority determines that you are entitled to a refund, Pango will credit the applicable amount solely to the credit card to which the amount was charged. If Pango is able to verify failure of a personal text-based alert, it will, as your sole remedy and Pango’s sole liability, credit the amount of the monthly personal alert service fee charged to your Account. If you elect to stop receiving personal alerts, your election will be effective the next full month following Pango’s receipt of your notice to stop the personal alert service. Pango does not provide cash refunds of any kind nor does it refund amounts for transactions reflected on your Account statement that are over thirty (30) days old.
Unauthorized Use/Abuse: You are responsible for all parking activity attributable to your Account and for ensuring that your use of or access to your Account complies fully with this Agreement. Pango may rely upon any instructions, authorizations, approvals, consents or other actions received. You agree not to provide your registered mobile device to anyone you do not authorize to use your Account. You also agree not to share or disclose your user name, password or PIN or record them in an unsecure manner on your mobile device. You must promptly notify Pango of any loss, unauthorized use or theft of your user name, ID, password, PIN, registered vehicles, mobile devices or credit cards associated with your Account. You are responsible for the safety and security of all user names and IDs, logins, codes, passwords, PINs, or other security features through which you use Pango’s Parking Services or access your Account or which are otherwise associated with your Account. Anyone accessing, or with whom you share, this information will be deemed to be an authorized user of your Account. You are responsible for any transactions initiated by anyone using any vehicles, mobile devices, user name, password, PIN or other unique identifiers associated with your Account and the actions of any such persons will be deemed to be your actions. You are solely responsible for protecting the security of Pango’s Smartphone Application installed on any mobile device associated with your Account. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or if Pango suspects fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any preventive measures Pango prescribes. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your mobile device and/or Account. Pango may suspend or terminate your Account without liability to you or any third party if your mobile device or credit card is reported lost or stolen.
Availability/Interruption: Your mobile device must be within the operating range of your mobile communications carrier for you to be able to use Pango’s Smartphone Application and/or access IVR and ASR through your mobile device. Pango’s Smartphone Application is subject to transmission and GPS limitations and any telecommunications interruptions. Pango does not guarantee that Pango’s Smartphone Application (or any portion thereof) will be available at all times and/or in all geographic regions. You acknowledge and agree that Pango is neither responsible for availability, performance degradation, interruption or delays nor will it be liable to you if Pango’s Parking Services are not available in a given location. If Pango’s Parking Services are not available within your intended location, you agree that your sole remedy shall be to close your Account and terminate this Agreement. Please understand that Pango merely facilitates payment of parking charges; it is neither a parking facilities owner, provider nor operator. Pango is not responsible and disclaims liability for your use of any parking facilities, including without limitation, events occurring at such facilities, acts or omissions of the facilities providers or operators, changes to parking rates, termination of service or facilities’ security.
Account Termination: You may terminate your Account at any time, subject to payment in full of any and all outstanding balances. Please note that uninstalling Pango’s Smartphone Application from your mobile device will not terminate your Account or your ability to use Pango’s Parking Services. To terminate your Account and further use of Pango’s Parking Services at any time, simply contact Pango Customer Support Service at support@mypango.com or 1.877.mypango (1.877.697.2646). If you choose to stop using Pango’s Parking Services and have installed Pango’s Smartphone Application, uninstall Pango’s Smartphone Application by following the uninstall instructions provided in your mobile device’s user guide. Pango may suspend or terminate your Account and/or your access to all or any part of Pango’s Parking Services at any time with or without notice to you if you (i) fail to make any payments when due, (ii) your mobile device or credit card is reported lost, stolen or terminated for any reason and you do not replace it with a new one within a reasonable period of time, (iii) you misuse Pango’s Parking System, misrepresent yourself, commit a fraudulent act or fail to comply with this Agreement.
Pango values its relationship with and the privacy of its customers. Pango’s certification by the Payment Card Industry (“PCI”) Security Standards Council reflects Pango’s efforts to maintain, and notify you of, Pango’s privacy and data security practices as clearly, concisely and transparently as possible. The Council’s members include the major credit card companies. The standards established by the Council provide technical and operational requirements to protect cardholder data.
In general, you may visit Pango’s Website without telling Pango who you are or revealing personal information about yourself. Information collected through Pango’s Parking System without your specific consent is anonymous and cannot personally identify you. For example, Pango, its business partners and other companies providing services to or on behalf of Pango (such as, for example, companies assisting with the operation or features of Pango’s Parking System, advertising and promotional campaigns, surveys, contests and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of your use of Pango’s Parking Services or visiting Pango’s Website. This may include, without limitation, your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. Pango uses information collected to provide Pango’s Parking Services, maintain and administer Pango’s Website, assist in diagnosing problems, tracking browsers, all of which assists Pango in better understanding how visitors use Pango’s Parking System. Pango may use any non-personal information gained through or gleaned from and/or through use of Pango’s Parking System for any legal purpose, including to develop, use and make available to third parties (at no charge or for a fee) aggregated information that does not identify you personally, such as regarding trends, services, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information.
When you set up your Account you select your preferences with respect to Mobile Offers you choose to receive. Pango collects non-PII with respect to your Mobile Offers settings in connection with Pango’s Smartphone Application. Pango also gathers usage statistics, metrics or other data generated by your use of your mobile device as previously discussed above. Pango does not use cookies to collect information. Pango only shares your non-PII with third parties, such as its service providers, business partners (or provide it in response to government request), in the aggregate with other users’ non-PII. To the extent Pango combines PII with non-PII, it will treat the combined information as PII under this Agreement.
Because much of the communication between Pango and you occurs through your mobile carrier’s network, your carrier may have access to the information transmitted. Pango has no control over and you should contact your mobile carrier to better understand your mobile carrier’s treatment of any information transmitted through your mobile device. Pango also has no control over collection or use of your PII or non-PII by third parties whose websites, products or services you may access as a result of Mobile Offers or hyperlinks accessible from Pango’s Website. You should contact those third parties directly to better understand their privacy practices generally and their treatment of any information collected as a result of your accessing a hyperlink or participating in a Mobile Offer.
Please note that the internet and wireless telecommunications networks are open media and no data transmission via the internet or mobile device can be guaranteed to be 100% secure. As a result, while Pango strives to protect your personal information and privacy, it cannot guarantee or warrant the security of any information you disclose or transmit via the internet and/or your mobile device and vice versa. Pango is not responsible for the theft, destruction, or inadvertent disclosure of your PII. You acknowledge this risk when using Pango’s Parking Services. Please do not transmit sensitive information to Pango via email. Email is not a secure communication method and should never be used to transmit credit card, bank account or other sensitive information. The transaction encryption capabilities offered by Pango’s payment processor service provider through Pango’s Website offers reliable protection from unauthorized access and the safest way to pay for parking through Pango’s Parking Services. See Section 3 entitled “Personally Identifiable Information (“PII”) below for more information.
PII Storage vs Collection. Pango uses commercially available technology in accordance with the PCI Security Standards Council’s framework and engages respected third party providers to safeguard personal information collected through use of Pango’s Parking Services. For example, Pango contracts with reputable companies which serve as payment gateways and otherwise manage payments, including identity authentication. Although you initially provide credit/debit card account number and expiration date of the credit/debit card associated with your Account when you Sign-up, Pango’s Parking Platform immediately transmits this information to the payment gateway service provider. These companies, not Pango, store your credit card information in their databases to process your credit and debit card transactions and bill your credit card. Pango retains and stores only the last four digits of your credit card number in its database. The payment gateway service provider returns a token to Pango that, along with the last four digits, enables Pango to identify and validate your identity to bill you for your parking activity as well as to identify you when identification processes are necessary, such as to enable you to edit your Account information.
Collection of PII. Pango collects and stores certain PII that you provide in connection with Account registration. When you create an Account, depending on the method used to Sign-Up, you will either be prompted to provide, or Pango’s Parking Platform will automatically collect and store, some or all of the following information: (a) your name; (b) physical mailing and email address; (c) billing information associated with the credit/debit card associated with your Account; (d) mobile device information, including, without limitation, the mobile number associated with each mobile device registered to your Account, the types of mobile devices used, each mobile device’s unique device ID, its IP address and operating system, the type of mobile internet browsers used by and the telecommunications carrier associated with each mobile device; (e) vehicle license plates/tag numbers and state of registration for each vehicle associated with your Account. If your location is enabled or the Mobile Offers of which you take advantage use location-enabled products or services, you will be sending Pango location information. This information may reveal your actual location, such as GPS data. Information about the way you use Pango’s Smartphone Application will be required and/or captured during registration, when you install Pango’s Smartphone Application on your mobile device and in communications or as you use Pango’s Parking Services. Contact lists and call logs from your mobile device are not collected. PII will not be sent to or stored on your device. In addition to that which you provide, information, including PII, may be collected from other sources and combined with that which you provide. Once received, Pango stores your PII (other than credit card number) in its secure database in the United States in accordance with U.S. laws. Pango may duplicate its database, including your PII, to enable Pango to restore its database if necessary. These copies may be stored at secure locations inside and/or outside the United States. International users should review Section C5 entitled “International Users” below.
Location-Based Services: Pango may collect location-based information in order to provide the specific location-based services you request. You understand that location-based services (such as Mobile Locator) require a location to function properly and your use signifies your agreement to allow Pango to use your location for such purposes. If you do not want Pango to use location-based information, please refrain from using the location based service or click "DON’T ALLOW" when your mobile device requests your location-based information. Except as set forth in this Agreement, your location will not be shared with third parties without your specific consent.
Use and Sharing of PII: In addition to the Account information described above, Pango automatically collects transaction information related to your use of Pango’s Parking Services and any Mobile Offers as well as precise real-time information about the location of your mobile device is collected if caller identification is activated. Pango uses this and all PII and location information: (i) to provide Pango Parking Services and for any other specific purpose for which such information was provided; (ii) to provide customer service and support; (iii) to track parking activities to be able to bill you; (iv) to handle disputes; (v) to show you a history of your Account activity; (vi) to develop new features; (vii) to provide you with a better user experience and improve the overall quality of Pango’s Parking System; (viii) as disclosed at the time such information is provided; and/or (ix) as disclosed in this section. If Pango is or should it become part of a family of companies, unless otherwise prohibited by law, all companies within the Pango family may share information collected as a result of your use of Pango’s Parking Services. If Pango, or a division or unit of Pango, were to sell all or any part of Pango’s Parking System, merge with or be acquired by one or more third parties or if it were to cease operations, Pango may, in its sole discretion, transfer, sell or assign information collected through use of Pango’s Parking Services, including without limitation, PII and other information. The PII and other information would then be subject to the acquiring entity’s privacy terms which may be different from those of Pango. As a result, one or more of these entities may contact you directly. Pango may disclose PII and location information generally to its legal, financial and other advisors in connection with seeking their advice. In addition, Pango may disclose PII to parking authorities, parking operators, or other third parties: (i) to comply with applicable laws; (ii) to respond to governmental inquiries; (iii) to comply with valid legal process or orders; (iv) in an emergency or to protect Pango’s Parking System, Pango’s rights or property, the rights or safety of Pango customers or others; (v) to investigate fraud, a problem, claim or dispute; or (vi) in the event of a sale, assignment or transfer of all or any part of Pango or its business.
Third Party Agents: Pango employs third parties to perform or offer services on its behalf, such as reputable service providers who store your credit card information, process your credit card payments or others who assist Pango in its provision of Pango’s Parking Services or Mobile Offers. Such third parties will have access to PII and your location information as necessary to perform their services. In addition to treating your information in accordance with Pango’s data security and privacy requirements, such third parties are contractually required to maintain the highest security attainable as of 2012 under the payment card industry’s data security standards.
Security and Data Retention:
Protecting the security of your PII is very important to Pango. When you transmit PII to Pango, Pango’s Parking Platform protects your information using both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within Pango’s Parking Platform) and industry standard SSL (secure socket layer) encryption. Once Pango receives your transmission, it takes reasonable precautions to ensure its security on Pango’s Parking Platform using appropriate data security procedures. Only the last four digits of your credit card number are stored in Pango’s database to enable Pango to identify you when you use Pango’s Parking Services, login to your Account etc. Pango retains all data collected in connection with your Account and use of Pango’s Parking Services for as long as your Account is open or you use Pango’s Parking Services and for a reasonable time thereafter. Please note that some or all of the information you provide or that Pango collects may be required in order for Pango’s Parking Platform to function properly and we may be required to retain certain information by law. Please refer to Section 3 entitled “Third Party Agents” for their security requirements.International Users: If you are not a resident of the United States and/or access Pango’s Parking Platform and/or Pango’s Website outside the United States, any PII you provide or that is automatically collected by Pango’s Parking System will be processed and maintained in the United States on Pango’s network. Your information, including PII, may be stored, transmitted and shared in accordance with United States data privacy laws which may not be equivalent to those in effect in your country of residence. However, Pango adheres to the US-European Union Safe harbor Principles and self certifies to the Department of Commerce annually. Visit http://export.gov/safeharbor/ for more information on the Safe Harbor Principles and Framework. In the event Pango elects to store copies of its database, including your PII, outside of the United States, such copies will be stored in compliance with the laws of the jurisdiction where the PII is being stored.
Notice to California Residents About Your Privacy Rights: In addition to the other rights described in this Agreement, if you are a customer residing in California, you have the right to request information regarding the third parties with whom Pango has shared PII for direct marketing purposes during the past year. You have the right to submit a request to Pango at its designated address and receive the following information within 30 days of its receipt of that request: (i) the types of personal information disclosed to third parties during the immediately preceding calendar year, (ii) the names and addresses of third parties that received the personal information, and (iii) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Please note that the information provided will not be specific to you individually. All such requests must be in writing and sent to Pango’s designated address set forth at the end of this Agreement.
Pango’s Parking Services are provided through a combination of Pango’s network of websites and web pages, (including that located at www.pango-shyyny.com, www.mypango.com, www.pango-s.com) and such others as may exist from time to time (collectively, “Pango’s Website”), Pango’s proprietary global parking payment and services technology, software, platform and Equipment enabling its provision of Pango’s Parking Services through Interactive Voice Response (“IVR”), Automatic Speech Recognition (“ASR”), SMS text messaging and Pango’s Smartphone Application (collectively, “Pango’s Parking Platform”). Pango’s Website includes its “look and feel,” all Marks, graphics, pictures, audio, video, software code, functionality, features and content and the collection, compilation, assembly and arrangement of all of the foregoing on Pango’s Website. "Equipment" means any hardware, software or networks associated with enabling or facilitating your use of Pango’s Parking System, including without limitation, your mobile device. The term “Marks” includes without limitation the word “Pango,” “MyPango,” the Blue and Orange Pango Mobile Parking Logo, and any other trademarks, trade names, service marks, trade dress, logos and slogans, individually and/or as may be combined with one another, used by Pango, whether or not registered. Pango’s Website, Pango’s Parking Platform, Equipment, Pango’s Smartphone Application and Pango’s Parking Services, including without limitation all features, functionality and capabilities and all modifications, new versions, new features, enhancements, improvements, functionality, all derivatives thereof and thereto, and all intellectual property rights therein are collectively Pango’s Parking System. Pango’s Parking System and each component thereof, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein and thereto are either owned by or under license to Pango, are protected by all applicable United States and international intellectual property laws and may only be used as permitted by this Agreement. This includes use of Pango’s Website addresses or Marks in page text, as key words, meta tags or any other ‘hidden text.”
Pango gives you a restricted license to access and use Pango’s Parking System solely for non-commercial use in the manner and as permitted by this Agreement. You may not duplicate, download (other than as expressly permitted), copy or make any commercial use of all or any part of Pango’s Parking System or Marks, use any data gathering or extraction tools, reverse engineer Pango’s Parking Platform or attempt to circumvent its security features.
From time to time, Pango may update or change this Agreement for any reason. Please consult this Agreement regularly for any changes. We will, however, notify you of any changes to our Privacy and Data Security procedures by posting the new terms on Pango’s Website and informing you via email, SMS text message or other electronic notification. Please note that unless the changes materially alter Pango’s use of your PII (in which case we will seek your affirmative express consent to such changes), your subsequent use of Pango’s Parking System will signify your consent to these changes/new terms. Pango may also change any part of Pango’s Parking System, including disabling or expanding features and capabilities, interrupting, restricting, modifying or discontinuing, temporarily or permanently, without cause and without notice to you. You agree that Pango shall not be liable to you or to any third party for any modification, suspension or discontinuance of Pango’s Parking System. You will be notified if a new version of Pango’s Smartphone Application is available and you will be asked if you wish to upgrade to the new version. If you do not upgrade to the new version of Pango’s Smartphone Application, you may continue to use Pango’s Smartphone Application however some features or functionality provided by the new version may not be available to you. If you no longer wish to use Pango’s Smartphone Application, please follow the instructions provided to uninstall Pango’s Smartphone Application from your mobile device.
PANGO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PANGO’S PARKING SYSTEM. PANGO SHALL NOT BE LIABLE IF IT IS UNABLE TO PROVIDE PANGO’S PARKING SYSTEM (OR ANY PART THEREOF) OR PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY PART OF PANGO’S PARKING SYSTEM, ANY WIRELESS CARRIER, TELECOMMUNICATIONS OR ELECTRICAL FAILURE, ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND ITS REASONABLE CONTROL. YOU AGREE THAT YOUR USE OF AND ACCESS TO ALL OR ANY PART OF PANGO’S PARKING SYSTEM IS AT YOUR SOLE RISK, INCLUDING LOSS OR THEFT OF YOUR MOBILE DEVICE, VEHICLE OR VEHICLE CONTENTS. PANGO’S PARKING SYSTEM, INCLUDING WITHOUT LIMITATION, ALL INFORMATION, PRICES, MOBILE OFFERS AND OTHER PRODUCTS, SERVICES OR OFFERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PANGO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE MOBILE OFFERS AND/OR ANY GOODS AND SERVICES ADVERTISED IN CONJUNCTION WITH PANGO’S PARKING SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT PANGO IS NOT RESPONSIBLE FOR THE ACCURACY OF INFORMATION ABOUT OR ANY ASPECT OF THE PRODUCTS OR SERVICES DESCRIBED IN A MOBILE OFFER, OR THE FAILURE OF ANY PARTICIPATING MERCHANT TO HONOR ANY MOBILE OFFER.
YOU SHOULD NEVER USE YOUR MOBILE DEVICE TO ACCESS PANGO’S SMARTPHONE APPLICATION WHILE DRIVING. NOT ONLY IS IT DANGEROUS TO YOU AND OTHERS AROUND YOU, BUT IT IS AGAINST THE LAW IN MANY JURISDICTIONS. IN NO EVENT SHALL ANY OF THE PANGO PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF PANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF PANGO’S LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE PANGO’S PARKING SYSTEM, ANY BREACH OF THIS AGREEMENT, OR ANY CLAIM BY YOU OR ANY THIRD PARTY.
IN ADDITION, NOTWITHSTANDING ANYTHING CONTRARY HEREIN, ALTHOUGH PANGO WILL TAKE REASONABLE PRECAUTIONS TO MAINTAIN YOUR ACCESSIBILITY TO PANGO’S PARKING SYSTEM AND PROTECT YOUR ACCOUNT FROM DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OF OR ACCESS TO ANY PART OF PANGO’S PARKING SYSTEM, PANGO MAKES NO REPRESENTATION OR WARRANTY THAT ITS EFFORTS WILL ALWAYS BE SUCCESSFUL OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. IN ANY CASE, PANGO’S SOLE LIABILITY, AND THAT OF ITS CUSTOMERS, LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FEES CHARGED BY PANGO (NOT THOSE OF ANY THIRD PARTY PARKING OPERATOR) AND ACTUALLY RECEIVED FROM YOU AS A RESULT OF YOUR USE OF PANGO’S PARKING SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN PANGO AND YOU. PANGO’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST PANGO WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS/DISCLAIMERS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Pango, its officers, directors, suppliers, service providers, agents and employees and those of Pango’s respective affiliates (collectively, the "Pango Parties") from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of Pango’s Parking System. Your indemnification of Pango Parties includes, without limitation, third party claims of any nature or sort, any injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of Pango’s Parking System while operating any vehicle and/or arising from or related to your breach of this Agreement.
Any claim between you and Pango arising out of or related to this Agreement or Pango’s Parking System shall be resolved exclusively within the federal and state courts residing within Baltimore County, State of Maryland, U.S.A; you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, Pango may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of its intellectual property rights. Any claim between you and any parking facility operator shall be handled directly by the applicable parking facility operator in accordance with its policies.
Pango respects the intellectual property rights of others and asks its customers to do the same. Pango will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Pango. Upon receipt of notices complying with the DMCA, Pango will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable Pango to locate the material on Pango’s Websites; (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable Pango to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of copyright infringement should be directed to:
By mail:IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PANGO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS APPLICATION-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
You may not assign this Agreement without Pango's prior written consent. This Agreement represents the entire agreement between you and us, which may only be amended as described in this Agreement. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable; provided however that Pango’s Parking Services shall not be offered where prohibited by law. THIS AGREEMENT IS SUBJECT TO THE LAWS (EXCLUDING CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF MARYLAND and U.S.A. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of Pango’s Parking Platform. You agree that you will not export or re-export all or any part of Pango’s Parking Platform in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. The provisions addressing Pango’s proprietary rights, disclaimers and limitations of liability, indemnity and this Miscellaneous Section shall survive expiration or termination of your Account and/or this Agreement. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
If you have any questions about Pango’s Parking Services please visit Pango’s Website, email at info@mypango.com or call 410.809.2700 between the hours of 9am - 5pm EST, Monday through Friday, except holidays.
Copyright ©2012 Pango Shyyny USA LLC. All rights reserved