30-11-717. Definitions. As used in 30-11-718, 30-11-719, and this section, the following definitions apply:
(1) "Authorized integrator" means any third party with whom a dealer has entered into a contractual relationship to perform a specific function for the dealer that permits the third party to access protected dealer data or to write data to a dealer data system to carry out the specified function.
(2) "Dealer" has the same meaning as "new motor vehicle dealer" provided in 61-4-201 and includes any authorized dealer personnel acting on behalf of the dealer owner-operator.
(3) "Dealer data system" means any software, hardware, or firmware owned, leased, rented, or controlled by a dealer and used by the dealer in its business operations.
(4) "Dealer data vendor" means any dealer management system provider or customer relationship management system provider, or other vendor providing similar services, other than a motor vehicle manufacturer or distributor or a subsidiary or affiliate of a manufacturer or distributor, that permissibly stores protected dealer data pursuant to a contract with a dealer.
(5) "Fees" means charges for access to protected dealer data. Fees must be disclosed to the dealer prior to entering into a contract with a dealer data vendor and must be specified in the terms of the contract.
(6) "Protected dealer data" means:
(a) any nonpublic personal information, including information defined in 15 U.S.C. 6809 pertaining to a consumer, that is provided to a dealer by a consumer or otherwise obtained by a dealer and stored in the dealer's dealer data system; or
(b) any other data regarding a dealer's business operations that is stored in the dealer's dealer data system.
(7) "Third party" includes service providers, vendors, dealer data vendors, authorized integrators, and any other individual or entity other than the dealer. The term does not include any government entity acting pursuant to federal, state, or local law, any entity acting pursuant to a valid court order, a motor vehicle manufacturer or distributor or a subsidiary or affiliate of a motor vehicle manufacturer or distributor, or an entity acting on behalf of and with whom the manufacturer or distributor has an express agreement to preserve the privacy of protected dealer data.
History: En. Sec. 1, Ch. 283, L. 2019.
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