Privacy Policy

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Website privacy policy 

Thank you for visiting our website. In the following, we would like to inform you about the handling of your data according to Art. 13 of the German Data Protection Regulation (DSGVO).

Responsibility

Responsible for the data processing described below is the body named in the imprint.

User data

When you visit our web pages, so-called usage data is temporarily evaluated on our web server for statistical purposes as a log in order to improve the quality of our web pages. This data set consists of

  • the name and address of the requested content,
  • the name and address of the requested content,
  • the amount of data transferred,
  • the access status (content transferred, content not found),
  • the description of the web browser and operating system used,
  • the referral link, which indicates the page from which you came to ours,
  • the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established.

Data security

In order to protect your data from unwanted access as comprehensively as possible, we take technical and organizational measures. We use an encryption procedure on our websites. Your data is transferred from your computer to our server and vice versa via the Internet using TLS encryption. You can usually recognize this by the fact that the lock symbol is closed in the status bar of your browser and the address line begins with https://.

Required cookies

We use cookies on our websites, which are necessary for the use of our websites.

Cookies are small text files that are stored on your terminal device and can be read. A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session.

We do not use these necessary cookies for analysis, tracking or advertising purposes.

In some cases, these cookies only contain information about certain settings and are not personally identifiable. They may also be necessary to enable user guidance, security and implementation of the site.

We use these cookies on the basis of art. 6 para. 1 p. 1 lit. f DSGVO.

You can set your browser to inform you about the placement of cookies. This makes the use of cookies transparent for you. You can also delete cookies at any time via the appropriate browser setting and prevent the setting of new cookies. Please note that our websites may then not be displayed and some functions may no longer be technically available.

ProviderPurposeStorage durationAdequate level of data protection
Borelabs CookieStorage of the cookie settings of the website visitor1 yearProcessing only within EU/EEA

Google analytics

We use the web analysis tool “Google Analytics” to design our websites in line with requirements. Google Analytics creates usage profiles based on pseudonyms. For this purpose, permanent cookies are stored on your terminal device and read by us. In this way, we are able to recognize returning visitors and count them as such.

Within the scope of Google Analytics, we are supported by Google Ireland Limited and Google LLC. (USA) as processors according to art. 28 DSGVO. Data processing may therefore also take place outside the EU or EEA. With regard to Google LLC, an adequate level of data protection cannot be assumed due to processing in the USA. There is a risk that authorities may access the data for security and monitoring purposes without you being informed or having legal recourse. Please keep this in mind if you decide to give your consent to our use of Google Analytics.

Insofar as we use optional cookies and similar technologies as part of the integration of the service, or insofar as data is stored in or read from your terminal device by the service, this is done in accordance with Section 25 (1) TTDSG. Subsequent data processing is based on your consent pursuant to art. 6 para. 1 p. 1 lit. a DSGVO, provided you have given your consent via our consent management platform “Borlabs Cookiebanner”.

You can revoke your consent at any time. To do so, please follow this link and make the appropriate settings via our Banner.

Contact form

You have the possibility to contact us via our contact form. To use our contact form, we first need the data marked as mandatory fields from you.

We use this data on the basis of art. 6 para. 1 p. 1 lit. f DSGVO to answer your inquiry.

In addition, you can decide for yourself whether you would like to provide us with further information. This information is provided voluntarily and is not mandatory for contacting you. We process your voluntary information on the basis of your consent.

Your data will only be processed to answer your inquiry. We will delete your data if it is no longer required and there is no legal obligation to retain it.

Insofar as your data, transmitted via contact form, is processed on the basis of art. 6 para. 1 p. 1 lit. f DSGVO, you can object to the processing at any time. In addition, you can revoke your consent to the processing of voluntary data at any time. For this purpose, please contact the e-mail address stated in the imprint.

Request by e-mail, phone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent. The processing of this data is based on art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on your consent (art. 6 (1) (a) DSGVO) and / or on our legitimate interests (art. 6 (1) (f) DSGVO), as we have a legitimate interest in the effective processing of requests sent to us. The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions – in particular legal retention periods – remain unaffected.

Embedded videos

On our websites, we embed videos that are not stored on our servers. To ensure that calling up our web pages with embedded videos does not automatically lead to content from the third-party provider being reloaded, we only display locally stored preview images of the videos in a first step. This does not provide the third-party provider with any information.

Only after a click on the thumbnail, the content of the third-party provider is loaded. This provides the third-party provider with the information that you have accessed our site as well as the usage data technically required in this context. In addition, the third-party provider is then able to implement tracking technologies. We have no influence on the further data processing by the third-party provider. By clicking on the preview image, you give us permission to reload content from the third-party provider.

The embedding is based on your consent, provided that you have given your consent by clicking on the preview image. Please note that the embedding of many videos results in your data being processed outside the EU or EEA. In some countries, this poses the risk that authorities may access the data for security and monitoring purposes without you being informed or having legal recourse. Subsequent data processing is based on your consent pursuant to art. 6 (1) p. 1 lit. a DSGVO, provided that you have given your consent via our consent management platform “Borlabs Cookiebanner”.

SupplierMaximum storage timeAdequate level of data protectionRevocation of consent
YouTube / Google USA6 MonthNo adequate level of data protection.
Conclusion of standard data protection clauses.
Once you have clicked on a preview image, the third-party content is immediately reloaded. If you do not want such reloading on other pages, please do not click the thumbnails anymore.
    

Social plugins

We enable you to use social plugins. For reasons of data protection, however, we only integrate the social plugins we use in deactivated form. When you call up our websites, no data is therefore transmitted to social media services.

However, you have the option of activating and using the social plugins integrated on our websites. For this purpose, we use a solution that results in all data and functions required to display the social plugin being provided by our web server in a first step. Only when you decide to activate the respective social plugin and click on the corresponding preview image or icon, a connection to the servers of the operator of the respective social media service is established by your browser in a second step.

When you activate a plugin, the social media service receives in particular your IP address and, among other things, knowledge about your visit to our websites. This occurs regardless of whether you have an account with the respective social media service. If you are logged in, the data can be directly assigned to your social media profile.

Overall, we have no influence on whether and to what extent the respective social media service processes personal data after activation. However, it is likely that the social media service will create usage profiles from your data and use them for the purpose of personalized advertising. In addition, your data will be used to inform other users of the social media service about your activities on our websites.

The embedding is based on your consent, provided that you have given your consent by clicking on the preview image. Please note that the embedding of many social plugins results in your data being processed outside the EU or EEA. In some countries, there is a risk that authorities may access the data for security and monitoring purposes without you being informed or being able to appeal. Subsequent data processing is based on your consent pursuant to art. 6 (1) p. 1 lit. a DSGVO, provided you have given your consent via our consent management platform “Borlabs Cookiebanner”.

If you no longer wish your personal data to be processed by the activated social plugins, you can prevent future processing by no longer clicking on the preview image or icon of the respective social plugin.

SupplierMaximum storage timeAdequate level of data protectionRevocation of consent
Twitter-/-No adequate level of data protection.
Conclusion of standard data protection clauses.
If you wish to withdraw your consent, please click here and make the appropriate setting via our banner.
LinkedIn-/-No adequate level of data protection.
Conclusion of standard data protection clauses.
If you wish to withdraw your consent, please click here and make the appropriate setting via our banner.

Your rights as data subject

When processing your personal data, the GDPR grants you certain rights as a data subject:

Right of access (art. 15 DSGVO)

You have the right to request confirmation as to whether personal data concerning you is being processed; if this is the case, you have a right to information about this personal data and to the information listed in detail in Article 15 of the GDPR.

Right to correction (art. 16 DSGVO)

You have the right to request the correction of inaccurate personal data concerning you and, if necessary, the completion of incomplete data without delay.

Right to deletion (art. 17 DSGVO)

You have the right to request that personal data concerning you be deleted without undue delay, provided that one of the reasons listed in detail in Art. 17 DSGVO applies.

Right to restriction of processing (art. 18 DSGVO)

You have the right to request the restriction of processing if one of the conditions listed in Art. 18 DSGVO is met, e.g. if you have objected to the processing, for the duration of the review by the controller.

Right to data portability (art. 20 DSGVO)

In certain cases, which are listed in detail in Art. 20 DSGVO, you have the right to receive the personal data concerning you in a structured, common and machine-readable format or to request the transfer of this data to a third party.

Right of withdrawal (art. 7 DSGVO)

If the processing of data is based on your consent, you are entitled to revoke your consent to the use of your personal data at any time in accordance with Art. 7 (3) DSGVO. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

Right of objection (art. 21 DSGVO)

If data is collected on the basis of Art. 6 (1) p. 1 lit. f DSGVO (data processing for the protection of legitimate interests) or on the basis of Art. 6 (1) p. 1 lit. e DSGVO (data processing for the protection of public interest or in the exercise of official authority), you have the right to object to the processing at any time for reasons arising from your particular situation. We will then no longer process the personal data unless there are demonstrably compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

Right of complaint to a supervisory authority (art. 77 DSGVO)

Pursuant to Art. 77 DSGVO, you have the right to lodge a complaint with a supervisory authority if you are of the opinion that the processing of data concerning you violates data protection provisions. The right of complaint may be asserted in particular before a supervisory authority in the Member State of your habitual residence, your place of work or the place of the alleged infringement.

Assertion of your rights

Unless otherwise described above, please contact the office mentioned in the imprint to assert your data protection rights.

Contact details of the data protection officer

Our external data protection officer will be happy to provide you with information on the subject of data protection under the following contact details:

datenschutz süd GmbH
Wörthstraße 15
97074 Würzburg

Web: www.datenschutz-nord-gruppe.de
E-mail: office@datenschutz-sued.de

If you contact our data protection officer, please also indicate the responsible office named in the imprint.

Privacy Policy for  Smart City System Parking Solutions GmbH Apps

Data protection declaration of the CityPilot App

This privacy policy relates to the processing of your personal data within the meaning of the GDPR if you wish to use our CityPilot app in the form of a free service.

Please note that this privacy policy may be subject to changes in the event of procedural adjustments.

Responsible entity:

Smart City System Parking Solutions GmbH, hereinafter SCS, processes your personal data as a data controller within the meaning of Art. 4 No. 7 DSGVO for the operation of this CityPilot app and the associated services. You can reach us as follows:

Smart City System Parking Solutions GmbH
Schwabacher Street 510 c
90763 Fürth

Description of data processing, purposes and types of data in the context of the use of the CityPilot-App

The CityPilot app is a digital parking guidance system for publicly available parking spaces equipped with SCS parking sensor technology. The CityPilot app makes it possible to find free parking spaces quickly and free of charge.

If the navigation function is used within the app, it is provided by a third-party provider (Google Inc.), over whose data processing SCS has no influence.

The following types of data are collected and processed when using the app:

  • IP adress

In the following, we would like to inform you in more detail about the scope of data processing.

Required data and functions

In order to ensure the use and secure operation of the OfficePilot app, we process the IP addresses of our users.

Apart from that, no other data of our customers is stored in the context of the use of the CityPilot app.

Legal basis for data processing

The storage of your IP address is based on our legitimate interest according to art. 6 para.1 p.1 lit. f DSGVO. By storing your IP address, we can ensure the secure and compliant operation of our CityPilot app.

Sharing your data

As a matter of principle, we do not transfer your data to third parties. Data will only be passed on if it is intended to be passed on, if you have expressly consented to the transfer in advance or if we are obliged or entitled to do so by law.

Location of the personal data

When processing your personal data, which you provide in the context of using our CityPilot app, we are supported by order processors. All companies commissioned by SCS are obliged to process data according to instructions in accordance with the regulations of the DSGVO pursuant to art. 28 DSGVO. As the controller, SCS has the exclusive right to issue instructions and can control and ensure the processing of personal data throughout

Unless otherwise described below, the personal data will be processed exclusively on servers within the European Union.

Deletion of your data

As a matter of principle, we only process your data for as long as it is required for the purposes for which it was collected. We do not record anything. Your data is therefore not stored.

Your rights as a data subject 

In accordance with Art. 15 of the GDPR, you have the right to obtain information from the controller about the personal data concerning you, as well as the right to have inaccurate data corrected in accordance with Art. 16 of the GDPR or to have it deleted if one of the reasons listed in art. 17 of the GDPR applies, e.g. if the data is no longer needed for the purposes pursued. You also have the right to restriction of processing if one of the conditions set out in Art. 18 DSGVO applies and, in the cases of art. 20 DSGVO, the right to data portability. In cases where we process your personal data on the legal basis of art. 6 (1) p. 1 lit. f DSGVO, you also have the right to object at any time for reasons arising from your particular situation. We will then no longer process the personal data unless there are demonstrably compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

You also have the right to lodge a complaint with a supervisory authority if you believe that the processing of data relating to you violates data protection law. The right to lodge a complaint may in particular be exercised before a supervisory authority in the Member State of the data subject’s residence or the place of the alleged infringement.

Contact details of the data protection officer

Our external data protection officer will be happy to provide you with information on the subject of data protection under the following contact details:

datenschutz süd GmbH
Wörthstrasse 15
97082 Würzburg

Web: www.datenschutz-sued.de
E-mail: office@datenschutz-sued.de

If you contact our data protection officer, please also indicate the person responsible.

Data protection declaration of the TicketPilot App

This privacy policy relates to the processing of your personal data within the meaning of the GDPR if you wish to use our OfficePilot app in the form of a free service.

Please note that this privacy policy may be subject to changes in the event of procedural adjustments.

Responsible entity:

Smart City System Parking Solutions GmbH, hereinafter SCS, processes your personal data as a data controller within the meaning of Art. 4 No. 7 DSGVO for the operation of this OfficePilot app and the associated services. You can reach us as follows:

Smart City System Parking Solutions GmbH
Schwabacher Street 510 c
90763 Fürth

Description of data processing, purposes and types of data in the context of the use of the OfficePilot app

As part of our service, we offer our customers the use of our OfficePilot app. The OfficePilot app is a digital parking guidance/management system for employees or relatives of our customers. For this purpose, SCS grants its customers the possibility to create sub-accounts for employees of the company via a “master account”. Employees can then use their account to find free parking spaces on the company premises via the OfficePilot app. In addition, employees can use reservation functions for the parking spaces, if activated.

The access data for this app is defined by an administrator of the company/customer.

If the navigation function is used within the app, this is provided via a third-party provider (Google Inc.), over whose data processing SCS has no influence.

Depending on the type and scope of use of the app, various types of data are collected or processed. These include in particular:

  • IP address 
  • Login data (username, e-mail address and account password)Login data (username, e-mail address and account password)
  • Reservation data (per reservation the account ID of the app user, the reserved pitch, the start date as well as the end date of the reservation).

In the following, we would like to inform you in more detail about the scope of data processing.

Required data and functions

In order to ensure the use and secure operation of the OfficePilot app, we process login data (user name and account password) from our users when they log in to the app. Smart City System Parking Solutions GmbH has no influence on the user name selected. This is determined by the administrator of the company.

If the reservation function of the app is used, the reservation data shown above is collected and processed. An evaluation of the reservation data is currently not carried out.

Apart from that, no other data of our customers is stored within the scope of using the OfficePilot app.

Legal basis for data processing

Your data is processed in the context of the use of our OfficePilot app on the basis of art. 6 (1) sentence 1 lit. b DSGVO, as your use is part of a contractual agreement with you and the contract concluded can be fulfilled as a result.

The storage of your log files is based on our legitimate interest according to art. 6 para.1 p.1 lit. f DSGVO. By storing them, we can ensure the compliant and secure operation of our OfficePilot app.

Sharing your data

As a matter of principle, we do not transfer your data to third parties. Data will only be passed on if it is intended to be passed on, if you have expressly consented to the transfer in advance or if we are obliged or entitled to do so by law.

Storage location of personal data

When processing your personal data that you provide in the context of using our OfficePilot app, we are supported by order processors. All companies commissioned by SCS are obliged to process data according to instructions in accordance with the regulations of the DSGVO pursuant to art. 28 DSGVO. As the controller, SCS has the exclusive right to issue instructions and can control and ensure the processing of personal data throughout.

Unless otherwise described below, the personal data will be processed exclusively on servers within the European Union.

Deletion of your data

As a matter of principle, we only process your data for as long as it is required for the purposes for which it was collected. We do not record anything. Your data is therefore not stored.

Your rights as a data subject

In accordance with art. 15 of the GDPR, you have the right to obtain information from the controller about the personal data concerning you, as well as the right to have inaccurate data corrected in accordance with art. 16 of the GDPR or to have it deleted if one of the reasons listed in art. 17 of the GDPR applies, e.g. if the data is no longer needed for the purposes pursued. You also have the right to restriction of processing if one of the conditions set out in art. 18 DSGVO applies and, in cases covered by art. 20 DSGVO, the right to data portability. In cases where we process your personal data on the legal basis of art. 6 (1) p. 1 lit. f DSGVO, you also have the right to object at any time for reasons arising from your particular situation. We will then no longer process the personal data unless there are demonstrably compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

You also have the right to lodge a complaint with a supervisory authority if you believe that the processing of the data concerning you violates data protection regulations. The right to lodge a complaint may in particular be asserted before a supervisory authority in the Member State of the data subject’s residence or the place of the alleged infringement.

Firebase Cloud Messaging (FCM) is a messaging service provided by Google that allows you to receive push notifications. In connection with the use of FCM, the following types of personal data may be processed:

  • Device information such as device ID, device type and operating system version.
  • Push token, which is used to identify the device and deliver notifications

Smart City System Parking Solutions stores the push tokens for transferring notifications to the associated devices.

If you enable the push functionality, after your explicit consent, your device information will be sent to servers of Google, which operates the push service Firebase Cloud Messaging.

If you activate the push functionality in the menu item “Settings”, your device information will be sent to servers of Google, which operates the push service “Firebase Cloud Messaging” integrated in Android, after your explicit consent. In these cases, data may be transferred to all Google data centers (including in non-EU countries without an adequate level of data protection, in particular the USA) without appropriate safeguards within the meaning of Art. 46 DSGVO. In its judgment of 16.07.2020, Ref.: C-311/18 (“Schrems II”), the ECJ found that an adequate level of data protection cannot be guaranteed in the USA. On the one hand, there is a risk of access to the transferred data by U.S. security authorities there without any provision for effective legal remedies. On the other hand, there are no enforceable data subject rights. The transfer therefore only takes place with your express consent on the basis of Art. 49 (1) a) DSGVO.

Contact details of the data protection officer

Our external data protection officer will be happy to provide you with information on the subject of data protection under the following contact details:

datenschutz süd GmbH
Wörthstrasse 15
97082 Würzburg

Web: www.datenschutz-sued.de
E-mail: office@datenschutz-sued.de

If you contact our data protection officer, please also indicate the person responsible.

Data protection declaration of the Installation App

Privacy policy according to Art. 13 DSGVO

This data protection declaration relates to the processing of your personal data within the meaning of the DSGVO if you wish to use our installation app in the form of a service.
Please note that this data protection declaration may be subject to changes in the event of procedural adjustments.

Responsible party:
Smart City System Parking Solutions GmbH, hereinafter SCS, processes your personal data as a controller within the meaning of Article 4 No. 7 DSGVO for the operation of this installation app and the associated services. You can reach us as follows:

Smart City System Parking Solutions GmbH
Schwabacher Street 510 c
90763 Fürth

Description of data processing, purposes and types of data in the context of using the installation app.
As part of our service and as part of equipping one or more parking spaces with the hardware developed by SCS, the partner/customer/service provider is given the opportunity to use our installation app.
The installation app is used during the installation process to correctly install the SCS hardware.
The login details for this app are set by an administrator of the customer/partner/service provider.
Depending on the type and extent of use of the app, various types of data are collected or processed. These include in particular:
– IP address
– Login data (user name, e-mail address and account password)
– Timestamp
– User ID
– Content (task, free text, image)

Below we would like to inform you in more detail about the scope of data processing.
Required data and functions
After you have installed the installation app on your mobile device, the following functions can be used via the app:
– Logs of all activities related to tasks (when/on which parking lot something was processed; e.g., install sensor, uninstall sensor, provide feedback on function, etc.) for maintenance purposes.
– Submitting free text fields within the installation feedback and chat feature (installers can/should use free text to call attention to anything unusual (e.g., fixing KZEs or something) and to provide general feedback on a drive-up)
– Submit photos for maintenance purposes (e.g., of completed KZEs installed, etc.).
In order to ensure the use and secure operation of the installation app, we process login data (username and account password) from our users when they log in to the app. SCS has no influence on the user name chosen.

Apart from that, no other data of our customers is stored within the scope of using the installation app.

Legal basis for data processing
The processing of your data in the context of the use of our installation app is based on Art. 6 para.1 p.1 lit. b DSGVO, as your use is part of a contractual agreement with you and the concluded contract can thereby be fulfilled.
The storage of your log files is based on our legitimate interest according to Art. 6 para.1 p.1 lit. f DSGVO. Through the storage, a rule-compliant as well as secure operation of our installation app can be ensured.

Disclosure of your data
As a matter of principle, we do not transfer your data to third parties. Data is only passed on if it is intended to be passed on, if you have expressly consented to the transfer beforehand, or if we are obliged or entitled to do so by law.

Storage location of personal data
When processing your personal data, which you provide in the context of using our installation app, we are supported by contract processors. All companies commissioned by SCS are obliged to process data according to instructions in accordance with the regulations of the DSGVO pursuant to Art. 28 DSGVO. As the controller, SCS has the exclusive right to issue instructions and can control and ensure the processing of personal data throughout.
Unless otherwise described below, the personal data is processed exclusively on servers within the European Union.

Deletion of your data
As a matter of principle, we only process your data for as long as it is required for the purposes for which it was collected. We do not record anything. Therefore, your data will not be stored.

Your rights as a data subject
In accordance with Art. 15 of the GDPR, you have the right to obtain information from the controller about the personal data concerning you, as well as the right to have inaccurate data corrected in accordance with Art. 16 of the GDPR, or to have it deleted if one of the reasons listed in Art. 17 of the GDPR applies, e.g. if the data is no longer required for the purposes pursued. You also have the right to restriction of processing if one of the conditions set out in Art. 18 DSGVO applies and, in cases covered by Art. 20 DSGVO, the right to data portability. In cases where we process your personal data on the legal basis of Art. 6 (1) p. 1 lit. f DSGVO, you also have the right to object at any time for reasons arising from your particular situation. We will then no longer process the personal data unless there are demonstrably compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
You also have the right to lodge a complaint with a supervisory authority if you believe that the processing of the data concerning you violates data protection regulations. The right to lodge a complaint may in particular be asserted before a supervisory authority in the Member State of the data subject’s place of residence or the place of the alleged infringement.

Contact details of the data protection officer
Our external data protection officer will be happy to provide you with information on the subject of data protection under the following contact details:
datenschutz süd GmbH
Wörthstrasse 15
97082 Würzburg

Web: www.datenschutz-sued.de
E-mail: office@datenschutz-sued.de
If you contact our data protection officer, please also indicate the person responsible.

Data protection declaration  of the dashboard

Privacy policy according to art. 13 DSGVO

This privacy policy relates to the processing of your personal data within the meaning of the GDPR if you wish to use our dashboard in the form of a free service. Please note that this privacy policy may be subject to changes in the event of procedural adjustments.

Responsible entity

Smart City System Parking Solutions GmbH, hereinafter SCS, processes your personal data as a data controller within the meaning of art. 4 No. 7 DSGVO for the operation of this dashboard and related services. You can reach us as follows:

Smart City System Parking Solutions GmbH
Schwabacher Street 510 c
90763 Fürth

Description of data processing, purposes and types of data in the context of using the dashboard.

In order to perform our service and in the context of equipping one or more parking spaces with the ParkingPilot sensors developed by SCS, the customer is provided with access to the dashboard. This allows the customer to manage and monitor all parking spaces equipped with the system.

Depending on the type and extent of use of the dashboard, different types of data are collected or processed. These include in particular:

  • Username (username is required as part of the login/account for the dash
  • User-ID
  • E-mail adress
  • Passwort
  • Log files 

In the following, we would like to inform you in more detail about the scope of data processing.

Required data and functions

In order to be able to guarantee the use and secure operation of the dashboard, we create a user name and a password for our customers as part of the login/registration process, which the customer can change after logging in for the first time. In addition, we store log files of our users for security reasons in order to be able to guarantee secure operation of the dashboard.

Apart from that, no other data of our customers is stored in the context of the use of the dashboard.

Voluntary information and functions

Our dashboard also offers our customers the possibility to add additional users to the system. When creating additional users, the customer may provide us with personal data in the form of a user name and an e-mail address so that SCS can create an additional user in the system. The creation of such additional users is voluntary and not mandatory for the general use of the dashboard.

Furthermore, it is possible for the customer to be notified by e-mail in the event that the parking time is exceeded. For this purpose, the customer must store a corresponding e-mail. The use of this function is also voluntary and can be cancelled at any time.

Required cookies

As part of the provision of our dashboard, we also use a cookie, which is required for the use of our dashboard.

Cookies are small text files that are stored on your terminal device and can be read. A distinction is made between session cookies, which are deleted again as soon as you close your browser, and permanent cookies, which are stored beyond the individual session.

We do not use this required cookie for analysis, tracking or advertising purposes.

The cookie only contains information about certain settings and is not personally identifiable. It is necessary to enable user guidance, security and implementation of the site.

Legal basis for data processing

The processing of your data in the context of the use of our dashboard is based on art. 6 para. 1 sentence 1 lit. b DSGVO, as your use is part of a contractual agreement with you and the concluded contract can thereby be fulfilled.

The storage of your log files is based on our legitimate interest according to art. 6 para.1 p.1 lit. f DSGVO. Through the storage, a rule-compliant as well as secure operation of our dashboard can be ensured.

We also set the necessary cookies on the basis of our legitimate interest, as this is the only way to ensure the proper operation of the dashboard.

If you also provide voluntary information when using our dashboard or voluntarily use functions that are not mandatory, the associated data processing is based on your revocable consent in accordance with art. 6 (1) sentence 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. Please note that processing that took place before the revocation is not affected by this.

Sharing your data

As a matter of principle, we do not transfer your data to third parties. Data will only be passed on if it is intended to be passed on, if you have expressly consented to the transfer in advance or if we are obliged or entitled to do so by law.

Location of the personal data

When processing your personal data, which you provide as part of the use of our dashboards, we are supported by processors. All companies commissioned by SCS are obliged to process data according to instructions in accordance with the regulations of the DSGVO pursuant to art. 28 DSGVO. As the controller, SCS has the exclusive right to issue instructions and can control and ensure the processing of personal data throughout

Unless otherwise described below, the personal data will be processed exclusively on servers within the European Union.

Deletion of your data

As a matter of principle, we only process your data for as long as it is required for the purposes for which it was collected. We do not record anything. Your data is therefore not stored.

Your rights as a data subject

In accordance with art. 15 of the GDPR, you have the right to obtain information from the controller about the personal data concerning you, as well as the right to have inaccurate data corrected in accordance with Art. 16 of the GDPR or to have it deleted if one of the reasons listed in art. 17 of the GDPR applies, e.g. if the data is no longer needed for the purposes pursued. You also have the right to restriction of processing if one of the conditions set out in art. 18 DSGVO applies and, in cases covered by Art. 20 DSGVO, the right to data portability. In cases where we process your personal data on the legal basis of art. 6 (1) p. 1 lit. f DSGVO, you also have the right to object at any time for reasons arising from your particular situation. We will then no longer process the personal data unless there are demonstrably compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

You also have the right to lodge a complaint with a supervisory authority if you believe that the processing of the data concerning you violates data protection regulations. The right to lodge a complaint may in particular be asserted before a supervisory authority in the Member State of the data subject’s residence or the place of the alleged infringement.

Contact details of the data protection officer

Our external data protection officer will be happy to provide you with information on the subject of data protection under the following contact details:

Datenschutz süd GmbH
Wörthstrasse 15
97082 Würzburg

Web: www.datenschutz-sued.de
E-mail: office@datenschutz-sued.de

If you contact our data protection officer, please also indicate the person responsible.

End User Software Agreement for Smart City System Parking Solutions Apps

IMPORTANT: READ THIS TEXT CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE SOFTWARE.
This Software Agreement (“Agreement”) is between you (an individual or entity), the end user, and Smart City System Parking Solutions GmbH (“SCS”). The Agreement authorizes you to use the Software as specified in clause 1 below. The Software may have been downloaded by you from SCS web pages or servers or other sources in accordance with the terms set forth below. This Agreement governs the rights of the end user, and does not constitute a contract for the sale of the Software. SCS retains title to the copy of the Software and any other copies you may make of the Software under this Agreement.
Read this Agreement carefully before installing, downloading or using the Software. If you click on the “I accept the terms of this agreement” button while installing, downloading and/or using the software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, you must immediately click on the “Decline” or “I do not accept the terms of this Agreement” buttons and cancel the installation or download, or destroy or return the Software and any accompanying documentation to SCS.
BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.

1. SOFTWARE.

For purposes of this Agreement, the term “Software” is used collectively to mean the following: (a) the Software Product specified above; (b) all of the content of the Software obtained through the SCS Servers in object code form; (c) digital images, photo collections, clip art or other artistic works (“Library Files”); (d) related written embodiments and other possible associated documentation (“Documentation”); and (e) enhancements, modified versions, updates, additions and copies of the Software (collectively, “Updates”), if any, that SCS licenses to you under this Agreement.

2. END USER RIGHTS AND USE.

SCS grants you the non-exclusive, non-transferable end user right to install the Software on a mobile device’s storage media(s) and to use the Software on a mobile device.

3. END USER RIGHTS RESTRICTIONS.

You may not copy, distribute, or make derivative works of the Software, except as follows:
(a) You may exercise the right to use the Software only to the extent, and may modify, translate, reproduce or distribute the Software only as expressly provided in this Agreement.
(b) You may not resell, sublicense, rent, lease or loan the Software.
(c) You may not reverse engineer, translate, or disassemble the Software, or otherwise attempt to discover the source code of the Software (except to the extent such restriction is expressly invalid under applicable law), or use the Software as a basis for any Derivative Works.
(d) You agree to use the Software solely in a manner consistent with applicable law in the jurisdiction under which you use the Software, including applicable copyright and other intellectual property rights.

4. COPYRIGHT.

The Software and all rights therein, including the related proprietary rights, are owned without restriction by SCS and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which the Software is used. The structure, organization and code of the Software are valuable trade secrets and confidential information of SCS and/or its licensors and affiliates. Except as provided in Clause 3 (Limitations on End User Rights), you may not copy the Software. Any copies you make that are authorized under this Agreement must include the same copyright notices and other proprietary notices that are included in the Software.

5. CONTRACT TERM.

This Agreement is effective on the date of initial installation of the Software. You may terminate this Agreement at any time by permanently deleting and destroying the Software, all backup copies, and all related materials provided by SCS, or by returning them at your own expense. You will automatically lose your rights as an end user, effective immediately without notice from SCS, if you fail to comply with any provision of this Agreement. In such event, you must immediately delete and destroy the Software, all backup copies and related materials, or return them to SCS at your own expense.

6. You acknowledge that the Software is provided “as is” without warranty of any kind, either express or implied, and that, to the fullest extent permitted by applicable law, neither SCS nor its licensors or affiliates nor the copyright owners make any representations or warranties, express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose or statements that the Software does not infringe any patent, copyright, trademark or other rights of any third party. There are no warranties by SCS or any third party that the software functions will meet the user’s requirements or that the operation of the software will be uninterrupted or error free. The user alone assumes the responsibility and risk for selecting the software to suit its purposes, its installation and use, and the results obtained therefrom.

7. NO OTHER COMMITMENTS

Nothing in this Agreement shall impose any obligations on SCS other than those expressly set forth herein.

8. LIMITATIONS OF LIABILITY 

To the fullest extent permitted by applicable law, in no event shall SCS, its corporate officers, licensors or affiliates be liable for any loss of profits, loss of revenue, loss of sales, loss of data or procurement costs for substitute goods or services, property damage, personal injury, business interruption, loss of business data, or any special, direct, indirect, incidental, economic, punitive or other damages, however caused and whether arising in contract, tort, negligence or any other cause of liability, arising out of the use of or inability to use the Software, even if SCS or its licensors or affiliates have been advised of the possibility of such damages.
Nothing in this Agreement shall be deemed to affect the statutory rights of any consumer. Nothing in this Agreement limits SCS’s liability to you in the event of death or personal injury resulting from SCS’s negligence. SCS is acting on behalf of its corporate employees and licensors or affiliates for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liabilities as described in this clause 8, but in no other respect and for no other purpose.

9. TECHNICAL SUPPORT

SCS is not obligated to provide you with technical support unless it is set forth in a separate written agreement between you and SCS.

10. EXPORT MONITORING

The Software, including the Technical Data, contains cryptographic software that is subject to export controls under the U.S. Export Administration Regulations (“EAR”) and may be subject to import and export controls of other countries. The EAR prohibit the use of the Software and Technical Data by a Government End User, which is further defined below, in the absence of a license from the United States Government. A Government End User is defined in Part 772 of the EAR as “any foreign central, regional, or local governmental body, agency, or other entity performing governmental functions, including governmental research institutions, governmental corporations, or their separate business entities (as defined in Part 772 of the EAR) engaged in the production or distribution of goods or services subject to the Wassenaar Munitions List and international governmental organizations.” This does not include: utilities (telecommunications companies and Internet service providers; banks and financial institutions; transportation; broadcasting or entertainment; educational organizations; health care and medical organizations; retail or wholesale establishments; and manufacturers or commercial entities not engaged in the manufacture or distribution of goods or services subject to the “Wassenaar Munitions List.” You agree to comply strictly with all applicable import and export regulations and acknowledge that you are required to obtain licenses to export, re-import, transfer or import the Software. You further represent that you are not a Government End User as defined above and will not transfer the Software to a Government End User without a license.

11.NOTICES

All communications and returns of software and documentation shall be made to the following address:

Smart City System Parking Solutions GmbH
Schwabacher Str. 510c
90763 Fuerth
Germany

12. APPLICABLE LAW & GENERAL PROVISIONS.

This Agreement is governed by German law.

Terms of use for Smart City System Parking Solutions – Apps

1. Acceptance

These Smart City System – App Terms of Use, together with the Privacy Policy and End User Software Agreement (EUSA), govern your use of the Smart City System – App and related services (collectively, the “Service”). The Terms constitute an agreement between you and SCS that sets forth your rights and obligations and those of Smart City System Parking Solutions GmbH, including affiliated companies and suppliers (collectively, “SCS”), in connection with the Service. Additional terms and conditions may apply to individual components of the Service, as applicable.
You may not use the Service if you do not agree to the Terms.

2. Authorization to use

To use the Service, you must be at least eighteen (18) years of age.

3. Use of the service

You agree to:
Comply with applicable laws, the Terms, and good morals.
Not to use the Service for illegal, offensive, fraudulent, abusive, defamatory purposes or in any other inappropriate manner.
To respect the privacy of others.
Not delete or alter any copyright notices, trademarks, or other notices indicating intellectual property rights contained in the Service.
Not to use the Service for the purpose of mass downloading, spreading viruses or other technologies that may affect the Service in a harmful way or are detrimental to the interests or property rights of users of the Service.
Not to reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code of the Service (except to the extent that this restriction is invalid under law) or otherwise create derivative works based on any portion of the Service.

4. Licenses

Users of the Service are granted a non-exclusive, non-transferable license to access and use the Service, subject to strict compliance with the Terms. No other intellectual property rights are granted in the Service or in the information or other content contained in the Service.
Use of the Service and its content is also subject to the EUSA and is limited to installation on a compatible device.

5. Important information for use

The information provided by the Service may be inaccurate and incomplete. The availability and accuracy of the Service depends on, among other things, third parties that generate the information, wireless networks, and satellite systems. These may not work in all areas or at all times. Therefore, never rely solely on the aforementioned materials and services, for example, for important communications or in emergencies.

6. Third party content

SCS and its licensors hereby disclaim all liability in connection with the use of the Service and the Content contained therein to the fullest extent permitted by law.
The rights in the Content, including without limitation all proprietary rights related to the Service, belong to SCS and/or its licensors and are protected by the terms of international treaties and any other applicable national laws of the country in which the use is made.

7. Availability

The Service may not be available in some countries or may only be provided in selected languages. The Service may be network dependent; please contact your network provider for more information.
SCS reserves the right to make changes, improvements and corrections to the Service at its sole discretion. The Service may not be available during maintenance interruptions and at other times.

8. Personal data

8.1 The treatment of Your personal data is subject to the Privacy Policy and the supplementary provisions contained in these Terms.
8.2 In order for us to provide the Service to you, and for certain license management purposes, certain technical information may be processed by SCS, such as Mobile Network Code and Mobile Country Code, language, time zone, time stamp, device identifier, and also information about your transactions with SCS such as your agreement to these Terms.
8.3 The use of some features of the Service in connection with your request will be processed by SCS to enable us to provide you with exactly the right content. This information is processed anonymously and is used, among other things, to continuously improve the Service so that we can, for example, provide you with content that more accurately matches your request.
8.6 We may use the information collected for the purposes described in the Privacy Policy and these Terms and in accordance with any other terms of use to which you may have agreed on another occasion.
8.7 The Service may use GPS and Assisted GPS (A-GPS, Accurate Online Location) for certain functions. The use of A-GPS requires the exchange of network-based location information and special network service provider IDs between your device and the selected A-GPS server in order to establish the satellite connection more quickly and reliably.

9. Limitation of liability

The Service is provided “as is” and “subject to availability”. SCS does not warrant that the Service will be available without interruption or be free of errors or viruses. No warranty, express or implied, is made with respect to the availability, accuracy, reliability, information or content of the Service. This includes, but is not limited to, freedom from defects in title and the implied warranties of merchantability or fitness for a particular purpose. You expressly agree and acknowledge that your use of the Service is at your own risk and that you may be presented with Content from a variety of sources.
Except in cases of liability for death or personal injury resulting from gross negligence or willful misconduct, SCS shall not be liable for any claims for damages for direct, indirect, incidental, punitive or consequential damages arising out of the use of or inability to use the Service.

10 Indemnification

You agree to defend, indemnify and hold SCS harmless from and against any and all third party claims and any liabilities, assessments, losses, costs or damages arising out of or due to a) any violation by you of the Terms of Use, b) any infringement or violation by you of any intellectual property, other rights or privacy of any third party, or c) any misuse of the Service by any third party.

11. Miscellaneous

11.1 Applicable law
Except where prohibited by applicable law or otherwise provided in these Terms, the Terms shall be governed by German law, without regard to its conflict of law provisions.
11.2 Validity
The Terms do not exclude or restrict your mandatory rights in the country in which you are domiciled. If any provision of these Terms is found to be invalid, the validity of the remaining provisions shall not be affected. The invalid provision will be replaced by a legally valid provision that comes closest in its result and regulatory purpose to the Terms. In the event of a conflict between these Terms of Use and the Privacy Policy, the provisions of the Smart City System App Terms of Use shall prevail. The provisions of the Terms that are intended to survive a termination shall remain in effect following a termination.
11.3 Modification of Terms
SCS reserves the right to modify the Terms at any time without notice. Only material, adverse changes to the Terms will be separately announced by SCS in advance.
You are required to review the Terms on a regular basis. By continuing to use the Service, you agree to any changes or modifications.
11.4 Links to Third Party Websites and Content
For your convenience, SCS may provide you with links to Internet sites owned or maintained by third parties that are not part of the Service. If you follow such a link to a third party’s Internet site, you should review and agree to the applicable terms of use of that Internet site before using the Internet site.
You acknowledge that SCS has no control over the content of third party web sites and cannot accept any liability for the services offered on such sites or the content created or published by them. A link to a third-party site does not imply that SCS endorses the site or the products or services offered thereon.

12. Intellectual Property

The Service and related software are protected under international copyright laws. You are hereby notified that SCS claims copyright ownership. Subject to the Terms, SCS retains all right, title or interest in and to the Service and any products, software or other property of SCS provided to or used by you as part of the Service.

Initial information according to art. 13 and art. 14 DSGVO

With the following information we would like to inform you as a business partner, interested party or as a contact person of a business partner or interested party about our handling of the collection, use and disclosure of personal data.

I.                  Responsibility

The controller of you personal data is:

Smart City System GmbH, Schwabacher Straße 510c, 90763 Fürth
datenschutz@smart-city-system.com

II.             Legal bases and purposes for the processing of your personal data according to art. 13 DSGVO

The processing of your personal data may arise on the one hand due to the implementation of pre-contractual measures that precede a contractually regulated business relationship or on the other hand in the fulfillment of obligations arising from a concluded contract with you. This may include, for example, the processing of purchase orders, deliveries or payments, or the preparation and response to quotation requests from individuals, to determine the establishment or terms of a contractual relationship (Art. 6 para. 1 sentence 1 lit. b DSGVO).

In addition, Smart City System GmbH is subject to various legal obligations that may require the processing of your personal data (art. 6 para. p. 1 1 lit. c DSGVO). These legal obligations may arise, for example, from tax law, commercial law, foreign trade law or sanctions law.

In addition, it may be necessary for the processing of your personal data to protect legitimate interests (art. 6 para. 1 p. 1 lit. f DSGVO). The legitimate interests are in particular the conclusion or implementation of contracts and other business relationships with our business partners, or interested parties for whom you may be acting as a representative or as an employee. Furthermore, legitimate interests include internal administrative purposes (e.g. for accounting) or ensuring IT security and operation, as well as for conducting compliance investigations, ensuring building and facility security, or asserting, exercising or defending legal claims.

In the context of our business relationship, you must provide those personal data that are necessary for the establishment, implementation and termination of a business relationship and for the fulfillment of the associated obligations, which we are required by law to collect or are entitled to collect on the basis of legitimate interests. Without this data, we will generally not be able to contact you and/or enter into a business relationship with you. If you have provided us with data voluntarily, we will indicate this accordingly when collecting the data.

III.              Legal basis and purposes for the processing of your personal data according to art. 14 DSGVO

Furthermore, we would like to point out that, within the legally permissible framework, we may also use your data to contact the company for which you work by telephone. In this regard, we assume that you have given your consent. The processing of your personal data serves to protect our legitimate interest (Art. 6 (1) p. 1 lit. f DSGVO), namely public relations. If you do not wish this, you can exercise your data subject rights in accordance with the General Data Protection Regulation and your right to object at any time.

If you have been contacted by us by telephone and a business contact did not exist up to this point, we have obtained your contact data from a publicly available source. For example, to contact you by telephone, we used your contact address from the website of the company where you work.

IV.              Recipients of your personal data

Your data will only be passed on to third parties outside Smart City System GmbH if you have expressly consented to the transfer beforehand or if we are obliged to do so by law. The legal basis for this data processing is art. 6 para. 1 a) in the case of consent or art.6 para. 1 c) in the case of a legal obligation. Exceptionally, data is processed by order processors on our behalf. These are carefully selected in each case, are also audited by us and contractually obligated in accordance with art. 28 DSGVO.

V.                Data transfer to third countries

If we transfer personal data to recipients outside the European Economic Area (EEA), the transfer will only take place if the third country has been confirmed by the EU Commission as having an adequate level of data protection, if an adequate level of data protection has been agreed with the data recipient (for example, by means of EU standard contractual clauses), or if you have given us your consent to do so in accordance with the requirements of Article 49 of the GDPR.

VI.              Retention period

The personal data will be stored for as long as is necessary to fulfill the above-mentioned purposes or as long as there are legal or contractual obligations to store the data.

VII.             Your data protection rights

Data subjects have the right to obtain information from the controller about the personal data concerning them, as well as the right to have inaccurate data corrected or deleted, provided that one of the grounds set out in art. 17 GDPR applies, e.g. if the data is no longer needed for the purposes pursued. There is also the right to restriction of processing if one of the conditions specified in art. 18 DSGVO is present and in the cases of Art. 20 DSGVO the right to data portability. If data is collected on the basis of art. 6 (1) p. 1 lit. e (data processing for the performance of official duties or for the protection of the public interest) or lit. f (data processing for the protection of legitimate interests), the data subject has the right to object to the processing at any time for reasons arising from his or her particular situation. We will then no longer process the personal data unless there are demonstrably compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

You can assert your data protection rights here:

Smart City System Ltd.

Postal address:
Schwabacher Straße 510c, 90763 Fürth

Every data subject has the right to lodge a complaint with a supervisory authority if he or she believes that the processing of data relating to him or her violates data protection provisions. The right to lodge a complaint may in particular be asserted before a supervisory authority in the Member State of the data subject’s residence or the place of the alleged infringement. The competent supervisory authority is:

Bavarian State Office for Data Protection Supervision (BayLDA).
Promenade 18
91522 Ansbach
E-mail: poststelle@lda.bayern.de

 

VIII.            Contact details of the data protection officer

datenschutz süd GmbH

Wörthstr. 15

97082 Würzburg

office@datenschutz-sued.de

Tel. +49 (0) 931 304 976 0

Applications

 

If you decide to send us an application, we would like to point out the following: You yourself determine the scope of the data that you wish to transmit to us as part of your application. We process your personal data in accordance with the applicable data protection regulations on the basis of art. 88 DSGVO in conjunction with. § 26 para. 1 p. 1 BDSG. We process the data that you disclose to us as part of your application solely for the purpose of selecting applicants. Data processing for other purposes does not take place. Depending on how you sent your application to us, applications are transferred electronically or as a manual file to our personnel department, where they are processed as quickly as possible. As a rule, applications are forwarded to the management. Your data will not be passed on beyond this. Your data will be treated confidentially in our company. If your application is unsuccessful, your documents will be deleted 3 months after the end of the application process.

In the event that we would also like to consider your application for other or future job postings, we will obtain the appropriate consent from you. We will then process your data on the basis of art. 6 para. 1 p. 1 lit. a DSGVO.

Your data protection rights

In accordance with art. 15 (1) DSGVO, you have the right to request information free of charge about the personal data stored about you by Smart City System GmbH. In addition, you have a right to correction (art. 16 DSGVO), deletion (art. 17 DSGVO) and restriction of processing (art. 18 DSGVO) of your personal data if the legal requirements are met. If the data processing is based on art. 6 (1) e) or f) DSGVO, you have the right to object according to Art. 21 DSGVO. If you object to data processing, this will not take place in the future unless the controller can demonstrate compelling legitimate grounds for further processing that outweigh the interest of the data subject in objecting. If you yourself have provided the processed data, you have a right to data transfer according to art. 20 DSGVO. If the data processing is based on consent pursuant to art. 6 (1) (a) or art. 9 (2) (a) DSGVO, you may revoke your consent at any time with effect for the future without affecting the lawfulness of the previous processing. In the aforementioned cases, in the event of open questions or in the event of complaints, please contact us in writing or by e-mail at: datenschutz@smart-city-system.com or Smart City System GmbH, Schwabacher Str. 510c, 90763 Fürth. In addition, you have the right to lodge a complaint with a data protection supervisory authority. The data protection supervisory authority of the federal state in which you live or in which the responsible party is based is responsible.

Contact details of the data protection officer:

Our company data protection officer will be happy to provide you with information or suggestions on the subject of data protection:

datenschutz süd GmbH
Wörthstraße 15
97082 Würzburg

Web: www.datenschutz-nord-gruppe.de

E-Mail: office@datenschutz-sued.de

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