Official Information Request - 18 May 2020

LGOIMA request - PrestoPark app terms and conditions

I refer to your Local Government Official Information and Meetings Act request of 18 May 2020 via Facebook regarding the terms and conditions for the PrestoPark app, and respond to your questions below:

1. What is meant in the text of the terms by "As this is a fee, on-street parking is not subject to VAT." Does that mean that GST is not applied to the parking?VAT is a reference to a common tax used overseas. It refers to value added tax. This clause has been updated to include reference to GST.
2. Why do we have to agree to conditions that state we have to pay euros if there is a penalty, i.e. "in the event of non-payment, the User must pay their PPP plus 20% (minimum increase of 50)"?This clause has been updated to:Pricing. Prices are set by the city or car park operator; they are the only contacts and are solely responsible in this regard. However, IEM updates prices on the APP and Website. Prices are presented in the local currency. As this is a fee (e.g. VAT, GST etc), taxes are only applicable if applied in the country of use.
3. What "preferential subscription fees" are available, and what conditions are required to be met to gain access to these?This is referring to permit management and not active in Rotorua at present.
4. If there is a dispute which leads to a mandatory prior administrative appeal, why is the contact reference in a foreign language ("Recours Administratif Pralable Obligatoire - RAPO") with no translation?This clause has been updated.
5. Why is the picture on the page that references Rotorua, actually a picture of Auckland?The page will be updated with a Rotorua relevant photo in due course.
6. Why is the default language of the Rotorua page in a foreign language?The default language when accessed from NZ is English.
7. Why does the system not recognise that users accessing their site from Rotorua are based in Aotearoa New Zealand and default to a more applicable language (te reo Māori or English)?The default language when accessed from NZ is English.
8. What internal group or position did the council use to vet the conditions that users must agree to in order to use the service, and why did the council agree to proceed despite the issues noted above.Council used a small internal group to trial the App which naturally included acceptance of the terms and conditions. No issues were raised. Council proceeded with the launch as any remaining 'bugs' were considered minor and would be dealt with via direct user feedback to the App developer.
9. Regarding the Privacy Policy, there is no mention of data sovereignty - it only mentions data collected in European countries - does that mean I have to agree to data about me and my parking being managed in an off-shore location in a jurisdiction not subject to the laws of Aotearoa New Zealand?Yes, if customers wish to use PrestoPark.
10. Who or what group at the council considered the issue of te mana raraunga and what led to their decision to accept that this could be ignored, and why?It is unclear what 'issue' you refer to.
11. Why does the vendor need to collect personally identifiable information about me instead of just a randomly assigned id for the purposes of linking my number plate to a payment?In order to use the App, customers must provide an email and licence plate. Nothing else is mandatory.
12. For what purpose would they ask for my "Vehicle registration document", "Employer declaration", "Residential taxes documentation", and other mentioned documentation.Customers would need to provide this detail if requesting parking permits in some cities as proof of ownership. This is not necessary in NZ and permits are not currently in use in Rotorua.
13. Why does the "How do we transmit your personal data?" section not mention security or encryption?In the second part of the last sentence of that chapter, it states that "we take all appropriate measures to protect your personal data". The term 'all appropriate measures' is defined under the laws of the developer's country as including but not limited to up to date security and encryption. Any information transmitted over the internet by the App is in an encrypted format.
14. When PrestoPark state "we transmit your personal data to recipients in other countries" does that mean all of my data will be sent across the internet in a clear-text format, to wherever they deem necessary?Information is always transmitted over the internet in an encrypted format.
15. If I wish to "access, modify, update and correct personal data that we hold on you via PrestoPark" why do I have to write to "IEM SA, 109 chemin du Pont-du-Centenaire, 1228 Plan-les-Ouates, Geneva - Switzerland" instead of a local contact (noting that the Contact Form linked from the Privacy Policy requires a company name to submit so isn't suitable for thi= purpose)?Customers can go to the web portal https://www.prestopark.com and connect with their email and password to change personal information if needed.
16. Do all agreements you have with the vendor, and all agreements that people in Rotorua are required to accept in order to use the service, comply with the laws of Aotearoa New Zealand?Yes
17. Where can I view a copy of the agreement that permits you to provide my car registration details to PrestoPark and have them auto-populate the new app with those details, despite me never having used it?Any details have been provided directly by customers either via a Parking Terminal or the App itself. Council or i-Park do not provide details to PrestoPark.
18. Did anyone or any group at the council consider the 12 Privacy Principles outlined by Te Mana Mātāpono Matatapu / Office of the Privacy Commissioner and how these apply to users of the system prior to accepting the services of the vendor, and if so, how were the views and concerns of the people of Rotorua taken into account during this process?Under the Parking Services Contract, i-Park are expected to ensure that all legislative responsibilities (including privacy) are met in relation to conducting the required services.

You have the right to seek an investigation and review by the Ombudsman of this decision. Complaints can be sent by email to info@ombudsman.parliament.nz, by fax to (04) 471 2254, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters' personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz

Regards