Terms and Conditions

Sales Insight

Definition

1. “Applicable Laws” means (for so long as and to the extent that they apply to Auto Trader) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and “Domestic UK Law” means the Data Protection Laws and any other law that applies in the UK;
2. “Data” refers to the information regarding sales activity which is to be provided by the Qualifying Advertiser to Auto Trader, as detailed in clause 3.1;
3. “Data Protection Laws” means all applicable data protection and privacy legislation in force form 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) (all as amended, updated or re-enacted from time to time);
4. “Qualifying Advertisers” means: (i) car and van retailers; (ii) external agencies acting on behalf of such retailers, where agreed; and (iii) Manufacturers, in each case who have an Advertising Agreement in place with Auto Trader;
5. “Report” refers to the Excel spreadsheet or CSV used to submit sales data to Auto Trader.
6. The terms “controller”, “processor”, “personal data”, “data subject”, “personal data breach” and “processing” shall have the meaning set out in the Data Protection Laws (and “process” and “processed” shall be construed accordingly).

Sales Insight Tool

1. To obtain Sales Insight, Qualifying Advertisers must submit a Report to Auto Trader
2. Sales Insight is accessible to Qualifying Advertisers via the Performance Dashboard within Portal.

3. Upon analysis of the Qualifying Advertiser’s Data, Auto Trader will endeavour to provide, but does not guarantee, a view on:

   1. Geographical reach of sales
   2. Number of ad views of sold vehicles
   3. Desirability of vehicles at point of sale
   4. Information about average car buyers are and how they behave; and
   5. other factors that may vary.

Submitting a report

1. A Qualifying Advertiser must provide the following mandatory information, in respect of all sales made by the Qualifying Advertiser, within its Report (the “Data”):

   1. DID (Dealer Identification)
   2. Date of Vehicle Sale
   3. VRM of vehicle sold
   4. Postcode of buyer

2. The Qualifying Advertiser shall:

   1. use reasonable care and skill in providing the Data and shall ensure that the Data is complete and accurate;
   2. ensure that the Data is free from any computer virus and other malicious or impairing computer code by carrying out appropriate checks in accordance with good industry practice; and
   3. ensure that, in providing the Data, it does not share any personal data (other than the buyer’s postcode) belonging to the buyer or any other person.
3. The Qualifying Advertisers warrants that the Data will not infringe the intellectual property rights of any third party.
4. If the Qualifying Advertiser has engaged an external agency to submit the Report on their behalf, the Qualifying Advertiser warrants that: (i) it has provided that third party with written authorisation to act as its data processor; and (ii) it shall procure that the third party complies with these Rules.
5. Once the Report has been completed, the Qualifying Advertiser shall email their Account Manager.
6. By submitting the Report, the Qualifying Advertiser grants Auto Trader the right to use, process and analyse the Data in accordance with these Rules.

Charges and Payments

1. This Product is free of charge. Auto Trader reserves the right to modify its Charges at any point in the future, on giving not less than 7 days’ written notice.

Data Processing Clauses

1. The Qualifying Advertiser and Auto Trader shall each comply with all applicable requirements of the Data Protection Laws (as a controller or processor, as applicable). This clause in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Laws. Neither the Qualifying Advertiser nor Auto Trader shall through its acts or omissions place the other party in breach of any Data Protection Laws.

2. The parties acknowledge that for the purposes of the Data Protection Laws, the Qualifying Advertiser is the controller and Auto Trader is the processor. Details of the processing of personal data being undertaken by Auto Trader is set out below:

   1. SCOPE AND PURPOSE OF PROCESSING: the processing of personal data belonging to buyers (i.e. their post code and relevant VRM), which is collected by the Qualifying Advertiser and shared with Auto Trader pursuant to these Rules, for the purpose of Auto Trader analysing the data to identify any of the buyers who have viewed advertisements on the Auto Trader Platform, in order to provide insight data to the Qualifying Advertiser.
   2. NATURE OF PROCESSING: means any operation such as collection, recording, organisation, structuring, storage, adaptation or alteration, use, alignment or combination, restriction, erasure or destruction of data (whether or not by automated means) etc.
   3. DURATION OF THE PROCESSING: means the duration of the Agreement.
   4. TYPES OF PERSONAL DATA: means the post code of buyers and relevant VRM.
   5. CATEGORIES OF DATA SUBJECT: means buyers who purchase a vehicle from the Qualifying Advertiser (which may include vehicles that have been advertised on the Auto Trader Platform and those which have not).
3. Without prejudice to the generality of Clause 5.1, the Qualifying Advertiser will ensure that it has all necessary appropriate consents and notices in place to enable the lawful transfer of the personal data to Auto Trader, and the lawful processing of the personal data by Auto Trader, for the duration and purposes of these Rules. Where the Qualifying Advertiser is relying on consent in order to share the buyer’s postcode (which is the buyer’s personal data) with Auto Trader (rather than any other lawful ground of processing under the Data Protection Laws), the Qualifying Advertiser shall provide to Auto Trader evidence of the appropriate consent obtained from the buyer at the same time as providing the Data under Clause 3.1.

4. Without prejudice to the generality of Clause 5.1, Auto Trader shall, in relation to any personal data processed in connection with the performance by Auto Trader of its obligations under these Rules:

   1. process that personal data only for the purpose of providing the Auto Trader products or services in accordance with these Rules (and any other written instructions of the Qualifying Advertiser, as notified to Auto Trader in advance from time to time), unless Auto Trader is required to process such personal data otherwise by Applicable Laws. Where Auto Trader is relying on Applicable Laws as the basis for processing personal data, Auto Trader shall promptly notify the Qualifying Advertiser of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Auto Trader from so notifying the Qualifying Advertiser;
   2. ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
   3. ensure that all personnel (including, without limitation, employees) who have access to and/or process personal data are legally obliged to keep the personal data confidential;

   4. not transfer any personal data outside of the European Economic Area unless the prior written consent of the Qualifying Advertiser has been obtained and the following conditions are fulfilled:

      1. the Qualifying Advertiser or Auto Trader has provided appropriate safeguards in relation to the transfer;
      2. the data subject has enforceable rights and effective legal remedies; and
      3. Auto Trader complies with its obligations under the Data Protection Laws by providing an adequate level of protection to any personal data that is transferred;
   5. assist the Qualifying Advertiser, at the Qualifying Advertiser’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
   6. notify the Qualifying Advertiser without undue delay on becoming aware of any personal data breach or other security incident affecting or relating to personal data;
   7. at the written direction of the Qualifying Advertiser, delete or return personal data and all copies thereof to the Qualifying Advertiser on termination of the Agreement or at any other time unless required by Applicable Law to store the personal data; and
   8. maintain complete and accurate records and information to demonstrate its compliance with this Appendix and relevant provisions of the Data Protection Laws; and
   9. subject to the Qualifying Advertiser giving not less than 30 days’ notice, allow for and cooperate with reasonable audits (at the Qualifying Advertiser’s cost) solely in order for the Qualifying Advertiser to assess Auto Trader’s compliance with this clause 5.4 and relevant provisions of the Data Protection Laws (and such audits shall include, without limitation, inspections by the Qualifying Advertiser or the Qualifying Advertiser’s designated auditor to assess such compliance) Any such audits shall be: limited to once in any twelve month period; carried out during Auto Trader’s regular business hours in a manner that is not disruptive to Auto Trader’s business; and strictly in accordance with Auto Trader’s security and confidentiality policies and procedures and consistent with industry best practices. Before the commencement of any such audit, the Qualifying Advertiser and Auto Trader will mutually agree upon the timing, duration and scope of the audit, which will not include (i) viewing any documentation, data or other information that are related to other customers of Auto Trader, or (ii) interacting with data centre or power equipment in any way that may interfere with the performance of or could otherwise pose a risk to Auto Trader’s business, as determined by Auto Trader in its sole discretion.

General

1. The limitations of liability set out in the Main Advertising Terms and Conditions shall also apply to these Rules.
2. In the event of a breach of these Rules by any Advertiser, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
3. Auto Trader reserves the right to amend, suspend or terminate Sales Insight at any time and Auto Trader shall notify the Advertiser in any such event.
4. Auto Trader may modify these Rules from time to time and Advertisers should therefore ensure that they review these Rules regularly.