|
<br />Non-Professional Services Agreement between 1/16/2025
<br />City of San Leandro and ParkMobile, LLC Exhibit D Page 8 of 7
<br />that is independently developed by the recipient,
<br />is rightfully given to the recipient by a third
<br />party without confidentiality obligations or
<br />becomes public through no fault of the
<br />recipient.
<br />"Documentation" means any manuals,
<br />instructions, or other documents or materials
<br />that ParkMobile provides or makes available to
<br />Client in any form or medium and which
<br />describe the functionality, components, features,
<br />or requirements of the Services.
<br />"IP Rights" means any and all registered and
<br />unregistered rights granted, applied for, or
<br />otherwise now or hereafter in existence under or
<br />related to any patent, copyright, trademark,
<br />trade secret, database protection, or other
<br />intellectual property rights laws, and all similar
<br />or equivalent rights or forms of protection, in
<br />any part of the world.
<br />"Parking Information" means parking zones,
<br />parking rates, parking restrictions, selected
<br />payment methods, and other information
<br />necessary for the provision of the Services for a
<br />specific Parking Location.
<br />"Parking Location" means the location or
<br />locations of Client’s on-street parking, off-street
<br />parking, reservation parking, parking lots,
<br />parking decks, permitted parking, and other
<br />facilities where ParkMobile Users may park.
<br />"ParkMobile Application" means any and all
<br />mobile and/or web applications, services, or
<br />interfaces developed, hosted, or managed by, on
<br />behalf of, or in partnership with ParkMobile and
<br />that are made available to the general public and
<br />that facilities the payment of parking
<br />transactions.
<br />"ParkMobile User" means an end user that uses
<br />the ParkMobile Application.
<br />"ParkMobile User Data" means information,
<br />data, and other content, in any form or media,
<br />that is submitted, posted, or otherwise
<br />transmitted by or on behalf of a ParkMobile
<br />User, directly or indirectly, through the
<br />ParkMobile Application.
<br />"PCI Data" means, as applicable, payment card
<br />number, cardholder name, expiration date, card
<br />verification code or value, service code, and/or
<br />security-related information used to authenticate
<br />cardholders and/or authorize payment card
<br />transactions
<br />"Personal Data" means (i) any information
<br />about an identified or identifiable individual; or
<br />(ii) information that is not specifically about an
<br />identifiable individual but, when combined with
<br />other information, may identify an individual.
<br />Personal Data includes names, email addresses,
<br />postal addresses, telephone numbers,
<br />government identification numbers, financial
<br />account numbers, payment card information,
<br />license plate information, online identifiers
<br />(including IP addresses and cookie identifiers),
<br />network and hardware identifiers, geolocation
<br />information, and any information that
<br />constitutes “personal data” or “personal
<br />information” within the meaning of any relevant
<br />and applicable data privacy or protection laws.
<br />"Platform" means access-controlled mobile
<br />and/or web applications, services or interfaces
<br />developed, hosted, or managed by, on behalf of,
<br />or in partnership with ParkMobile that are made
<br />available to Client to administer, configure,
<br />manage and/or monitor parking sessions,
<br />parking rates, and/or parking restrictions
<br />associated with Client’s Parking Locations.
<br />"Resultant Data" means data and information
<br />related to Client’s, Authorized Users' and/or
<br />ParkMobile Users' use of the Services that is
<br />used by ParkMobile in an aggregate and
<br />anonymized manner, including to compile
<br />statistical and performance information related
<br />to the provision and operation of the Services.
<br />"Services" means the ParkMobile Application,
<br />the Platform, and all other services provided by
<br />ParkMobile under this Agreement.
<br />Docusign Envelope ID: 6423E261-A28E-4FC2-BFD8-12CA98036230
|