28-4651. Definitions

In this article, unless the context otherwise requires:

1. " Authorized Integrator means a third party with whom a dealer enters into a contractual relationship to perform a specific function for a dealer that allows the third party to access protected dealer data or to write data to a dealer data system, or both, to carry out the specified function.

2. " Cyber ransom" means to encrypt, restrict or prohibit or threaten or attempt to encrypt, restrict or prohibit a dealer's or a dealer's authorized integrator's access to protected dealer data for monetary gain.

3. " Dealer data system" :

(a) Means a software, hardware or firmware system that is owned, leased or licensed by a dealer, that includes a system of web-based applications, computer software or computer hardware, whether located at the motor vehicle dealership or hosted remotely, and that stores or provides access to protected dealer data.

(b) Includes dealership management systems and consumer relations management systems.

4. " Dealer data vendor" means a dealer management system provider, consumer relationship management system provider or other vendor providing similar services that permissibly stores protected dealer data pursuant to a contract with the dealer.

5. " Fee" means a charge for allowing access to protected dealer data beyond any direct costs incurred by the dealer data vendor in providing protected dealer data access to an authorized integrator or allowing an authorized integrator to write data to a dealer data system.

6. " Prior express written consent" means the dealer's express written consent that is contained in a document separate from any other consent, contract, franchise agreement or other writing and that contains:

(a) The dealer's consent to the data sharing and identification of all parties with whom the data may be shared.

(b) All details that the dealer requires relating to the scope and nature of the data to be shared, including the data fields and the duration for which the sharing is authorized.

(c) All provisions and restrictions that are required under federal law to allow the sharing.

7. " Protected dealer data" means any:

(a) Personal, financial or other data relating to a consumer that a consumer provides to a dealer or that a dealer otherwise obtains and that is stored in the dealer's dealer data system.

(b) Motor vehicle diagnostic data that is stored in a dealer data system. This subdivision does not give a dealer any ownership or rights to share or use the motor vehicle diagnostic data beyond what is necessary to fulfill a dealer's obligation to provide warranty, repair or service work to its consumers.

(c) Other data that relates to a dealer's business operations in the dealer's dealer data system.

8. " Required manufacturer data" :

(a) Means data that is required to be obtained by the manufacturer under federal or state law or to complete or verify a transaction between the dealer and the manufacturer.

(b) Includes information that is reasonably necessary for any of the following:

(i) A safety, recall or other legal notice obligation.

(ii) The sale and delivery of a new motor vehicle or a certified used motor vehicle to a consumer.

(iii) The validation and payment of consumer or dealer incentives.

(iv) Claims for dealer supplied services relating to warranty parts or repairs.

(v) The evaluation of dealer performance, including without limitation the evaluation of the dealer's monthly financial statements and sales or service, consumer satisfaction with the dealer through direct consumer contact or consumer surveys.

(vi) Dealer and market analytics.

(vii) The identification of the dealer that sold or leased a specific motor vehicle and the date of the transaction.

(viii) Marketing purposes designed for the benefit of or to direct leads to dealers but does not include a consumer's financial information on the consumer's credit application or a dealer's individualized notes about a consumer which are not related to a transaction.

(ix) Motor vehicle diagnostic data.

(x) The development, evaluation or improvement of the manufacturer's products or services.

9. " Star standards" means the current, applicable security standards published by the standards for technology in automotive retail.

10. " Third party" :

(a) Includes a service provider, vendor, including a dealer data vendor and authorized integrator, and any other person other than the dealer.

(b) Does not include a governmental entity acting pursuant to federal, state or local law, a third party acting pursuant to a valid court order or a manufacturer.