Terms and Conditions

Auto Trader Calls Business Rules

AT Calls and Website Calls are provided subject to the Main Advertising Terms & Conditions which are incorporated into the Rules by reference.

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.

  1. Definitions

    1. “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;
    2. “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;
    3. “Call Information” means any statistics, data and / or other information generated by Calls;
    4. “Calls” means AT Calls and Website Calls;
    5. “Dealer” means the person, firm or company to whom Auto Trader provides the Calls product(s) as part of the Advertising Services;
    6. “Iovox” means the third party supplier of Calls whose website can be found at www.iovox.com;
    7. “System” means the Calls system;
    8. “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;
    9. “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, herein referred to as “Calls”;
  2. Description

    1. 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.
    2. Website Calls is an optional free of charge product available to Dealers with an Advertising Agreement for a Package, in addition to AT Calls.
    3. Website Calls can be added to an Advertising Agreement for a Package at any time.
    4. 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.
  3. Operation of the Calls Product(s)

    1. 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).
    2. 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.
    3. All inbound calls made to the Tracking Numbers will have automated call recording disabled as a default setting. This can be switched on if requested by the Dealer.
    4. 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.
    5. Calls must only be used for training and monitoring purposes.
    6. For the avoidance of doubt, outbound calls made by Dealers will not be recorded.
    7. 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.
    8. All call tracking data is hosted by Iovox and accessed via the ‘Leads’ area in Portal.
    9. 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.
  4. Dealer’s Obligations

    1. 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.
    2. The Dealer warrants that it shall:
      1. 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);
      2. 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;
      3. not distribute the Call Information to any third party;
      4. not incorporate and / or link Calls to any other services and / or products without Auto Trader’s prior written consent;
      5. comply with all applicable laws and regulations relating to the tracking and recording of telephone calls by customers, including but not limited to the rules relating to PCI Compliance. For the avoidance of doubt, Calls is not a PCI-compliant service. The Dealer agrees not to record calls where payment details (including but not limited to credit card numbers) might be taken unless absolutely necessary. If the Dealer must record a call where payment details might be taken at some stage during the conversation, the Dealer undertakes to stop recording the call when details which may be PCI sensitive are about to be provided by the caller;
      6. not download any calls recorded via Calls to store such calls outside of and independently from the System; and
      7. 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.
    3. The Dealer shall immediately notify Auto Trader if it becomes aware of any unauthorised use of Calls by any person.
    4. 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).
    5. 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.
    6. The Dealer acknowledges and agrees that Iovox, as the third party supplier of Calls, may hold and have access to certain Personal Data relating to the Dealer and /or its employees, consultants and / or contractors and its customers. The Personal Data will be used and stored to enable Iovox to deliver Calls on behalf of Auto Trader.
  5. Intellectual Property Rights

    1. 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.
  6. Liability

    1. 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.
    2. 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.
    3. 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.
    4. 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.
  7. Termination

    1. 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.
    2. 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.