Auto Trader Calls Business Rules
Last updated: 6th July 2020
AT Calls and Website Calls are provided subject to the Main Advertising Terms & Conditions which are incorporated into the Rules by reference.
Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to the Rules.
- “Auto Trader” means Auto Trader Limited, Company Number: 03909628, whose registered office is at Auto Trader Limited, 4th Floor, 1 Tony Wilson Place, Manchester, M15 4FN;
- “AT Calls” means a tracking product provided to Dealers by Iovox on behalf of Auto Trader for use on Advertisements on the Auto Trader Platforms;
- “Call Information” means any statistics, data and / or other information generated by Calls, including (without limitation) the recording of the Call;
- “Calls” means AT Calls and Website Calls;
- “Data Protection Law” means all applicable data protection and privacy information in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended. The terms “controller”, “processor”, “personal data”, “data subject”, “processing” and “special categories of personal data” shall have the meaning set out in the Data Protection Law. The terms “process” and “processed” shall be construed accordingly;
- “Dealer” means the person, firm or company to whom Auto Trader provides the Calls product(s) as part of the Advertising Services;
- “Iovox” means Iovox Limited (registered company number 06057954), who are the third party supplier of Calls and whose website can be found at www.iovox.co.uk. For the purposes of the Data Protection Law, Iovox shall be acting as Auto Trader’s sub-processor of personal data;
- “Permitted Purposes” means for the purposes of the Dealer carrying out staff training and/or monitoring the quality of performance of call handlers, and to avoid and/or resolve disputes;
- “System” means the Calls system;
- “Tracking Number” means a unique telephone number that is designed to track calls from a Dealer’s Advertisement. Separate Tracking Numbers are provided for AT Calls and Website Calls;
- “Website Calls” means a tracking product provided to Dealers with a Dealer Website package by Iovox on behalf of Auto Trader for use on advertisements on the Dealer’s own Dealer Website;
- AT Calls is a free of charge Product which is automatically added to all Packages and Products, which means that AT Calls is automatically applied to all Advertisements.
- Website Calls is an optional free of charge product available to Dealers with an Advertising Agreement for a Package, in addition to AT Calls.
- Website Calls can be added to an Advertising Agreement for a Package at any time.
- Where call recording has been enabled by the Dealer, Calls tracks and records all inbound telephone calls made to the Tracking Numbers which are featured on a Dealer’s Advertisement and/or on the Dealer’s own Dealer Website, where applicable.
Operation of the Calls Product(s)
- In consideration of the Charges payable under the Advertising Agreement, Auto Trader grants the Dealer a personal, non-exclusive, non-transferrable, and revocable licence to use Calls, the Tracking Numbers and Call Information strictly in accordance with the Rules. Calls shall be deemed to be a Product for the purposes of the Main Advertising Terms and Conditions (except to the extent stated in these Rules).
- All Dealers will be allocated up to two Tracking Numbers per Calls product, which will be displayed in the Dealer’s Advertisements on the Auto Trader Platforms; and/or on the Dealer’s own Dealer Website, as applicable.
- All inbound calls made to the Tracking Numbers will have automated call recording disabled as a default setting. This can be switched on if required by the Dealer in Portal.
- Where call recording has been enabled, when customers make calls to the Tracking Numbers, an automated message will advise them at the beginning of the call of the fact that the call will be recorded and the purposes for which it will be recorded.
- Calls must only be used for the Permitted Purposes
- For the avoidance of doubt, outbound calls made by Dealers will not be recorded.
- Recordings will be automatically deleted from the Dealer’s account after a period of approximately 6 months from the date of the call, after which point the Dealer will no longer be able to access them.
- All Call Information is hosted by Iovox and accessed via the ‘Leads’ area in Portal.
- Once the recording function has been enabled by the Dealer, if the Dealer would like to disable the recording function, the Dealer can manage this directly through Portal. However, Dealers are only able to perform this function (and any other self-serve functions relating to account management) if they have set up 2 factor authentication within their Portal account.
- The Dealer is solely responsible for ensuring the accuracy of any telephone numbers which are to be substituted by Tracking Numbers, and for ensuring that the correct Tracking Numbers appear in the relevant advertising media. The Dealer is responsible for verifying and testing the connection between its own destination telephone numbers and the associated Tracking Numbers.
- The Dealer warrants that it shall:
- use Calls solely for its own business purposes within the motor industry and shall not use Calls to provide a service to any third party (including without limitation to provide reports for any business other than the Dealer’s business);
- use Calls strictly in accordance with the Rules and with any other instructions given by Auto Trader to the Dealer from time to time. The Dealer shall permit Auto Trader, at all reasonable times to verify that its use of Calls is compliant with the Rules;
- only use the Call Information for the Permitted Purposes and not distribute the Call Information to any third party;
- not incorporate and / or link Calls to any other services and / or products without Auto Trader’s prior written consent;
- comply with all applicable laws and regulations relating to the tracking and recording of telephone calls by customers, including but not limited to Data Protection Law and the rules relating to PCI Compliance. For the avoidance of doubt, Calls is not a PCI-compliant service. The Dealer agrees not to use Calls to record calls where payment details (including but not limited to credit card numbers) might be provided by the caller. If the Dealer must record a call where payment details might be taken at some stage during the conversation, the Dealer undertakes to stop or pause the recording of the call before payment details are provided by the caller. If the Dealer records payment details in error, the Dealer shall delete the recording of the relevant call as soon as possible by searching for the call in the Enquiries area of Portal and pressing ‘delete recording’;
- not download any calls recorded via Calls to store such calls outside of and independently from the System; and
- not display the Calls Tracking Numbers on any other form of advertising outside of their Advertisements on the Auto Trader Platforms, and/or on their own Dealer Website, where applicable.
- The Dealer shall immediately notify Auto Trader if it becomes aware of any unauthorised use of Calls or the Call Information by any person.
- In the event of any breach of these Rules, Auto Trader may review the Products and Package being made available to the Dealer, and Auto Trader reserves the right to take any actions available to it under the Main Advertising Terms and Conditions (including the right to terminate the Advertising Agreement and the provision of any Products).
- The Dealer indemnifies and shall keep Auto Trader fully indemnified from and against any and all costs, losses, liabilities and expenses (including legal cost on an indemnity basis) arising from any claim relating to or resulting directly or indirectly from any breach of the warranties given by the Dealer in clause 4.2.
- The Dealer acknowledges and agrees that, in respect of any personal data contained in the Call Information, the Dealer is the controller, Auto Trader is the processor and Iovox is its sub-processor. A description of the processing to be undertaken by Iovox (the “Sub-processor”) is set out below:
- Scope: The processing of personal data collected or otherwise generated in respect of the AT Calls product being provided to the Trader by Iovox on behalf of Auto Trader;
- Nature: Collection, recording, organisation, storage, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, erasure and/or destruction of the data (whether or not by automated means);
- Purpose of the processing: For the purpose of Iovox (on behalf of Auto Trader) providing the AT Calls product to the Trader, including (without limitation) the recording of Calls and storage of the Call Information;
- Duration of the processing: For the duration of the Advertising Agreement between the Trader and Auto Trader;
- Categories of data subjects: The Trader and its employees, contractors, clients and/or prospective clients; and
- Types of personal data processed: This may include name, telephone number, email address, company name, and any other personal data recorded during or generated by the Call. No payment details (including credit card details) or special categories personal data shall be collected or processed pursuant to these Business Rules.
- In respect of any personal data that Auto Trader (or Iovox acting on Auto Trader’s behalf) processes in connection with the provision of AT Calls, the Data Processing Terms shall apply.
- The Dealer shall be responsible for ensuring that it fully complies with is obligations as controller under the Data Protection Law.
Intellectual Property Rights
- The Dealer acknowledges and agrees that any and all Intellectual Property Rights in Calls (including underlying software, object code and source code), the Call Information and the Tracking Numbers are and shall remain the sole property of Auto Trader or its licensors (as appropriate). Auto Trader reserves the right to amend or substitute the Dealer’s Tracking Numbers at any time.
- To the maximum extent permitted by law, Auto Trader makes no representations or warranties that the Call Information does not infringe any Intellectual Property Rights or other rights of a third party.
- The Dealer acknowledges that Calls is provided “as is”. To the fullest extent permitted by law, Auto Trader expressly excludes any terms, warranties, or conditions whether express or implied by statute or common law, including but not limited to the implied conditions or warranties as to satisfactory quality and fitness for purpose.
- Auto Trader shall have no liability to the Dealer in respect of any decisions and / or actions taken by the Dealer based on and / or in reliance of the Call Information.
- Tracking Numbers are allocated at Auto Trader’s sole discretion and any changes to such Tracking Numbers may not be made without Auto Trader’s consent. Auto Trader cannot guarantee continued use of a specific Calls Tracking Number.
- In addition to its rights to termination under the Main Advertising Terms & Conditions, Auto Trader reserves the right to immediately terminate, at any time, the Dealer’s access to Calls in the event that the contract between Auto Trader and Iovox, to which Calls relates, is terminated or expires.
- Notwithstanding anything to the contrary in the Main Advertising Agreement, Calls cannot be cancelled by a Dealer or otherwise removed from an Advertising Agreement/Package by a Dealer.