Vehicle Check is a product which allows Advertisers to run vehicle history checks for vehicles they are looking to buy or take in part-exchange, and provides a vehicle check summary on the full-page advert of vehicles advertised on Auto Trader’s platforms.
Vehicle Check is provided subject to the Main Advertising Terms & Conditions which are incorporated into these 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.
- "Business Site" means a single geographical site from which the Advertiser carries out its vehicle sourcing/selling commercial business, where such site has its own registered ‘Dealer ID’ number in respect of the Advertiser’s access to Auto Trader’s products and services, and the Advertiser has specifically paid for and registered such ‘Dealer ID’ number with Auto Trader to receive Vehicle Check.
- "Check" means the vehicle history check which is carried out on a Permitted Vehicle in the course of using Vehicle Check.
- "Check Results" means the data, reports and summaries received and/or displayed as a result of a Check being carried out.
- "DVLA" means the Driver and Vehicle Licensing Agency.
- "Experian" means Experian Limited (registered company number 653331).
- "Legitimate Business Purposes" means the purposes of an Advertiser carrying out, for commercial purposes in respect of its own Business Site, legally required due diligence into a Permitted Vehicle’s provenance which is:
- in accordance with lawful established practices in the vehicle sourcing and selling industries and consistent with the conduct which would be reasonably expected of a reputable and creditable vehicle dealer; and
- carried out in an honest manner, with the genuine intention of ascertaining a Permitted Vehicle’s provenance for commercial purposes, as further detailed at paragraph 2.3 below.
- "Permitted Vehicle" means any car, motorcycle or commercial vehicle with a VRM which is registered with the DVLA, which an Advertiser (i) is looking to source for commercial purposes for its own Business Site, or (ii) has sourced for commercial purposes for its own Business Site and is currently in possession of such car, motorcycle or commercial vehicle with the aim of selling such car, motorcycle or commercial vehicle to a third party.
- "Vehicle Check" means the Auto Trader vehicle history check product which enables Advertisers to carry out vehicle history checks on Permitted Vehicles, receive vehicle history data, reports and summaries from such checks and have a summary of such report included as part of the full-page advert for any Permitted Vehicle advertised on Auto Trader’s platforms.
- "VRM" means a vehicle registration mark.
- Fair Usage:
- Vehicle Check is intended to be an unlimited offering for Advertisers who are using Vehicle Check for Legitimate Business Purposes. This section of these Rules explains the Advertiser’s usage obligations in respect of Vehicle Check and what Auto Trader considers to be Legitimate Business Purposes, how to avoid breaching these obligations and what will happen if an Advertiser’s usage breaches these obligations and falls outside this fair usage policy.
- Vehicle Check is available only in respect of Permitted Vehicles which are being checked by an Advertiser for its Business Site. An Advertiser may use Vehicle Check in respect of Permitted Vehicles which are being checked for more than one Business Site (for example, in cases of Advertisers who have a centralised buying function for more than one location), provided that all such additional Business Sites have their own registered ‘Dealer ID’ numbers in respect of the Advertiser’s access to Auto Trader’s products and services, and the Advertiser has specifically paid for and registered such ‘Dealer ID’ numbers to receive Vehicle Check.
- Vehicle Check shall be used by Advertisers for Legitimate Business Purposes only. Auto Trader shall determine, at its sole discretion but acting reasonably, whether an Advertiser’s usage of Vehicle Check constitutes use for Legitimate Business Purposes. Examples of behaviour which shall not be deemed Legitimate Business Purposes, and which shall constitute a breach of these Rules, include, but are not limited to:
- using Vehicle Check for any vehicles which are not Permitted Vehicles;
- using Vehicle Check for the benefit of any third party other than the Advertiser;
- using Vehicle Check in respect of any site other than the Business Site (i.e. any site which does not have a registered ‘Dealer ID’ number with Auto Trader which has been registered with Auto Trader to receive Vehicle Check), subject to paragraph 2.2 above; and/or
- excessive refreshing of the Check Results, which shall include (i) refreshing such Check Results where there is no reasonable expectation that the underlying data will have updated or changed, and (ii) refreshing the Check Results with the sole objective of updating the time stamp of such results which is featured on the Advertiser’s advert for the Permitted Vehicle in question.
- Auto Trader will monitor Advertisers’ usage of Vehicle Check to ensure compliance with this paragraph 2 (and these Rules generally).
- Without prejudice to any rights and remedies available to Auto Trader for a breach of these Rules and/or the Main Advertising Terms and Conditions, in the event that Auto Trader, acting reasonably, considers that an Advertiser is in breach of this paragraph 2:
- it shall contact the Advertiser to understand the context of the Advertiser’s usage and to establish whether there is any satisfactory justification for such breach; and
- if Auto Trader deems there to be no satisfactory justification for such breach of this paragraph 2 having contacted the Advertiser, Auto Trader reserves the right to (i) offer the Advertiser a bespoke Vehicle Check pricing model for future usage, which may involve the Advertiser being charged for individual vehicle history checks in future, or (ii) remove access to Vehicle Check for such Advertiser.
- In the event that Auto Trader removes access to Vehicle Check for any such Advertiser pursuant to paragraph 2.6 above, Auto Trader shall no longer charge the Advertiser for Vehicle Check, effective from the date that access is removed.
- Vehicle Check and Advertiser Obligations:
- A summary of the Check Results provided by Vehicle Check in respect of any Permitted Vehicle will be displayed on the full-page advert for such Permitted Vehicle at the point it is advertised on Auto Trader’s platforms. Advertisers must not act in any manner so as to prevent such summary from being displayed on a Permitted Vehicle’s full-page advert.
- Advertisers acknowledge that the misuse of Vehicle Check can impact upon the provision of Vehicle Check by Auto Trader and the use of Vehicle Check by other Advertisers. Accordingly, Auto Trader requires Advertisers to comply with certain obligations and conditions when using Vehicle Check. Therefore, in connection with the use of Vehicle Check, Advertisers shall not:
- attempt to disguise the identity of any vehicle upon which a Check is being performed (such as using a VRM belonging to another vehicle or a vehicle identification number (VIN) for a similar model);
- remove a VRM to prevent a Check from being carried out or prevent Check Results from being displayed;
- re-sell the Check Results (including any underlying data) or the ability to perform Checks to any third party;
- using Vehicle Check and/or the Check Results (including any underlying data) of any Check for any other purpose other than Legitimate Business Purposes;
- market or distribute the Check Results (including any underlying data) and/or the fact that a Check has been performed to any third party other than the intended purchaser of a Permitted Vehicle, and then only within standard advertising processes for the vehicle for sale (for example, in the context of adverts on the Advertiser’s own website);
- promote or otherwise refer to the Check Results (including any underlying data) and/or the fact that a Check has been performed on Auto Trader’s platforms (whether within advert text or images or on the Advertiser’s profile page);
- represent or otherwise imply to any prospective purchaser of a Permitted Vehicle or any other third party that (i) the purchase of a Permitted Vehicle is free of risk due to the Check having been carried out or (ii) they are able to legally rely on or benefit from the Check Results or the data guarantee offered by Experian (as further detailed below);
- represent or otherwise imply to any prospective purchaser of a Permitted Vehicle or any other third party that Auto Trader and/or Experian assumes any responsibility or liability in connection with the purchase of a Permitted Vehicle in respect of which a Check has been carried out;
- in any way automate Checks via Auto Trader’s platforms, such as using scripts or any other mechanism to bulk check VRMs; or
- use the Check Results in any manner which is inaccurate or misleading to consumers.
- Advertisers must use the correct VRM for the Permitted Vehicle when requesting a Check through Vehicle Check.
- Advertisers should not store or share Check Results using the url for the Check Results (for example, as a substitute for locally saving Check Results), as Auto Trader may amend such urls from time to time without notifying Advertisers.
- The data provided by Experian which populates the Check Results updates once every 24 hours. Therefore, Check Results will not update to accommodate any underlying data changes until after 4:00 of the day following the related Check. Advertisers should not seek to refresh Check Results within this timescale.
- Advertisers shall not be permitted to (i) apply Advertiser branding to Check Results (or reports containing Check Results) or (ii) use Check Results (or reports containing Check Results) for advertising purposes on the Advertiser’s own website or convert them into printed hand outs for use at the Advertiser’s premises, until Auto Trader has (a) provided to such Advertiser a template for the content and layout of such Check Results and/or reports containing such Check Results (such template to be agreed by Experian and the Advertiser acknowledges that no changes shall be made to such template unless such changes are approved by Auto Trader and Experian), (b) notified such Advertiser of any compliance requirements stipulated by Experian that the Advertiser shall comply with in respect of the display of any such Check Results (and/or reports containing such Check Results) on such Advertiser’s own websites or at such Advertiser’s premises, and (c) determined a process which shall be agreed to by the Advertiser under which Auto Trader shall track and monitor and ensure the compliance of the Advertiser with the requirements of this clause in respect of such Check Results (and reports containing Check Results). If an Advertiser is permitted, pursuant to the above, to (i) apply Advertiser branding to Check Results and/or reports containing Check Results and/or (ii) use Check Results and/or reports containing Check Results for advertising purposes on the Advertiser’s own website or convert them into printed hand outs for use at the Advertiser’s premises, in the event that such Advertiser subsequently does not comply with this clause or the requirements stipulated as a result of this clause, Advertiser shall immediately cease to display any such Check Results and such reports containing Check Results upon notification by Auto Trader and Auto Trader shall be permitted to suspend such Advertiser’s access to such Check Results and/or reports containing such Check Results.
- Advertisers shall be permitted to access Vehicle Check via a third party dealer management system provider’s stock management software, provided that:
- such dealer management system provider shall access Vehicle Check solely on behalf of an Advertiser who is a customer of such provider and is paying Auto Trader to utilise Vehicle Check, and solely for the purpose of allowing such Advertiser to access and utilise Vehicle Check;
- such dealer management system provider shall not access, use or process the Check results for any purpose other than is set out at clause 3.7.1 above (and, in particular, shall not be permitted to use the Check Results for further resale to any third party); and
- such Advertiser has obtained prior confirmation from Auto Trader that each such dealer management system system provider has been approved by Experian to access Vehicle Check in accordance with this clause.
- Availability & Liability:
- Auto Trader does not warrant that the use of Vehicle Check will be uninterrupted or error-free. The Advertiser acknowledges that Auto Trader cannot guarantee that Vehicle Check and/or the Auto Trader Platforms will be continuously available. For the avoidance of doubt, Auto Trader shall have no liability, and no refunds or credits shall be offered, to any Advertiser (including in respect of where alternative services have been sourced by Advertisers from a third party) in respect of interruptions to Vehicle Check and/or the Auto Trader Platforms arising as a result of maintenance and/or repair work and/or due to circumstances outside of Auto Trader’s reasonable control.
- Vehicle Check is provided to Advertisers on an ‘as is’ basis and Advertisers acknowledge that Auto Trader has procured technical support for Vehicle Check during the hours of 8:00-18:00 Monday to Friday (excluding bank holidays in England and Wales).
- Vehicle Check and Auto Trader’s services generally are not intended to be used as the sole basis for any business decision, nor to relieve the Advertiser of its obligation to comply with its own obligations under applicable law. Check Results are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for Auto Trader to guarantee. Auto Trader shall not have any liability for any inaccuracy, incompleteness or other error in the Check Results which arises as a result of (i) data provided to Auto Trader by any third party, or (ii) any failure of Vehicle Check to achieve any particular result for the Advertiser.
- Without prejudice to the generality of the foregoing or the limitations of liability set out in the Main Advertising Terms and Conditions which also apply to these Rules, the Advertiser assumes sole responsibility for any action taken as a result of Check Results obtained from the use of Vehicle Check, and for conclusions drawn from such use. Auto Trader shall have no liability for any damage caused by errors or omissions in any information provided to the Auto Trader by the Advertiser in connection with Vehicle Check.
- Queries and complaints:
- If an Advertiser has any queries or complaints around the contents of any Check Results, it should contact Experian on 0344 481 0078 and Experian will assist the Advertiser accordingly (calls are charged at the standard landline rate). If the Check Results have provided contact details for the data source (such as outstanding finance records) Advertisers can also contact the source directly using the data provided in the Check Results to see if the query or complaint can be resolved. If an Advertiser’s query is regarding the MOT data, this is managed by Auto Trader so Advertisers should contact Auto Trader Product Support (or alternatively can use the DVSA service directly at https://www.check-mot.service.gov.uk/).
- Advertisers shall allow Auto Trader and Experian (as applicable) reasonable time to investigate issues directed to them relating to Vehicle Check, understanding that both parties rely on third parties (such as the DVLA, MIAFTR and UK lenders) to provide information to assist with Advertiser queries.
- 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.
- Auto Trader may modify these Rules from time to time and Advertisers should therefore ensure that they review these regularly when using Vehicle Check.
- The Charges payable by Advertisers for Vehicle Check are set out in an Order Confirmation and/or Order Variation or as otherwise specified by Auto Trader.
- Advertisers may cancel Vehicle Check from their Package by providing 30 days’ notice in accordance with the Main Advertising Terms and Conditions.
- DVLA Terms
- Any Advertiser’s use of data supplied by the DVLA as part of Vehicle Check shall be subject to the DVLA’s requirements as set out at Appendix 1 below. By using Vehicle Check, the Advertiser is agreeing that it has read, agrees to and accepts the terms set out in Appendix 1 in respect of the Advertiser’s use of such data supplied by the DVLA.
- Experian and the Data Guarantee:
- Experian has entered into a partnership with Auto Trader to provide the underlying data which populates the Check Results generated by Vehicle Check. As part of this partnership, Experian requires all Advertisers using Vehicle Check to agree to and accept the Experian Vehicle Data Service Customer Terms and Conditions set out below (“Experian Terms”) prior to using Vehicle Check. Advertisers should therefore read the Experian Terms carefully, as by using Vehicle Check, Advertisers are accepting the Experian Terms and entering into a binding legal contract with Experian directly on the terms of the Experian Terms.
- Further to clause 8.1 above, as part of the partnership between Auto Trader and Experian, Experian shall provide a data guarantee to Advertisers in respect of Permitted Vehicles subject to and in accordance with the Experian Terms. It is a condition of the provision of the data guarantee that Advertisers comply with the Experian Terms. The data guarantee detailed in the Experian Terms is provided directly by Experian (not Auto Trader) to Advertisers on the terms of the Experian Terms. Any enforcement of such data guarantee by an Advertiser must be undertaken directly against Experian on the basis of the Experian Terms and Auto Trader shall have no liability to Advertisers in respect of the data guarantee. It is a minimum requirement of Experian that the data guarantee is only available to an Advertiser in respect of a Check which was carried out by such Advertiser prior to the purchase of a Permitted Vehicle to which such data guarantee is intended to cover. Please see the Experian Terms below for further details.
- To enable Experian to verify any Advertiser claims in respect of the data guarantee referred to above, Auto Trader is required to disclose to Experian relevant information confirming the relevant Advertiser’s identity for the purposes of such verification. On the basis that an Advertiser will benefit from such disclosure of relevant information, and to enable Auto Trader to comply with these Rules and ensure any data guarantee claim is properly verified, Auto Trader will disclose such relevant information to Experian upon request for the purpose of verification of any Advertiser claims in respect of the data guarantee only, and Auto Trader shall procure that Experian complies with all applicable law in respect of the processing and storage of such information. If any Advertiser does not wish such relevant information to be disclosed for such purposes it should inform its relevant Auto Trader Account Manager accordingly, but Advertiser understands and accepts that by doing so it may prejudice the validity of the data guarantee provided by Experian.
- Experian reserves the right to amend the Experian Terms to reduce the maximum Limit of Protection (as defined in the Experian Terms) for the data guarantee from £18,000 to £12,000 only if certain criteria are met (such criteria as have been agreed with Auto Trader). However, the Experian Terms shall be amended to reflect such reduced maximum Limit of Protection at least 30 days prior to such reduced maximum Limit of Protection taking effect.
- The data guarantee referred to above expressly excludes any claims in respect of Supplemental Data as defined in the Experian Terms below. This means that the data guarantee does not apply to data contained within the Check Results which is not originally sourced by Experian.
Experian Vehicle Data Service Customer Terms and Conditions
Some words and phrases used in these conditions have special meanings. These meanings are set out below.
"Access Channels" means the Integrator’s application programming interface (API) and the Integrator’s websites at https://portal.autotrader.co.uk and www.autotrader.co.uk or another website through which we deliver the Services.
“Agreement” means these Conditions including any Schedules and Appendixes that accompany the Conditions and the Application Form (if any).
“Application Form” means, if applicable, the application form you completed on the Website to apply for the Services.
“Client Data” means data and information owned by you and provided to us in connection with the Services.
“Commencement Date” means the date on which you first use the Services, unless agreed otherwise in writing between us.
"Conditions” means these terms and conditions.
“Data Guarantee” means the guarantee provided to you by us in accordance with Clause 8 of these Conditions in relation to Losses incurred by you as a result of Data Issues in the Information.
“Data Issue” means any inaccuracy in the Information as specified in Clause 8(e) of these Terms and Conditions.
“Export” means where DVLA records show that a vehicle had been exported outside the United Kingdom (including to another European Union country) at the time the Service was provided.
“Import” means a vehicle has been used outside of the European Union before its first registration with the DVLA.
“Information” means all data, information, reports and other materials of whatever nature provided to you or used by us as part of or in connection with the Services.
“Integrator” means Auto Trader Limited (ATL) through whom, you access the Services.
“Limit of Protection” has the meaning set out in Clause 8(e) of these Conditions.
“Losses” has the meaning set out in Clause 8(e) of these Conditions.
“Market Value” means the average trade value for a vehicle of the same type, age and mileage in average condition calculated in accordance with Glass’s Car Trade Guide (published by Glass’s Information Services Limited) at the date the claim is notified to us.
“Services” means our automotive data services (also referred to as “Experian Vehicle Data Service(s)” which are made available to You via the Access Channels as follows (and which does not include the Supplemental Data):
Vehicle registration details – comprising of make, model, colour and other high level registration information, collated from the Driver & Vehicle Licensing Agency (DVLA), the Society of Motor Manufacturers & Traders (SMMT) and the Motorcycle Industry Association (MCIA).
Finance markers – comprising of secured finance details as recorded with Experian.
High Risk markers – as recorded by motor retailers and vehicle lenders, in relation to an interest in a given vehicle.
Import, export or scrapped marker – as recorded with the DVLA.
Mileage history – based on a collation of mileage information, sourced from the DVLA, National Association of Motor Auctions (NAMA), Retail Motor Industry Federation (RMIF), Epyx and other providers to Experian.
Stolen markers - as recorded by the Police National Computer (PNC)
Insurance total loss markers (write off) – as recorded by Motor Insurers Bureau (MIB) members on the centralised Motor Insurance Anti-Fraud & Theft Register (MIAFTR)
No. of previous keepers – as recorded by the DVLA.
Cherished plate transfers – as recorded by the DVLA.
Previous colour changes – as recorded by the DVLA.
Search history – based on known searches of a given vehicle, through Experian’s own products or services..
“Specification” means the description of the Services as set out on the Access Channels.
“Supplemental Data” means any third party data that is made available to You by the Integrator alongside the Services that is not part of the Services and is not provided to the Integrator by Us.
“We”, “Us” or “Our” means Experian Limited (registered number 653331). Our registered office is at The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ.
“You”, "Your", “the Client” means the person, firm or company to whom we have agreed to provide the Services.
The headings used in these Conditions are for convenience only.
- The Services
- We shall provide the Services to you using reasonable care and skill and in all material respects in accordance with the Specification.
- Your use of the Services is at all times subject to this Agreement.
- The Services are brought to You by us (through the Integrator) but You agree that (provided that we remain responsible for the actions of our sub-contractors) we may sub-contract the Services or any element of the Services, and you acknowledge that the Integrator may request the Services on Your behalf.
We can at any time vary the nature of the Services or stop providing the Services or any part of the Services, due to circumstances beyond Our reasonable control. All amendments or variations to this Agreement (including the Charges) shall be published via the Access Channels and all amendments or variations shall apply to the provision of Services after the date on which such amendments or variations are published.
This Agreement shall commence on the Commencement Date and continue until terminated in accordance with this Agreement. The terms of this Agreement shall apply to all Services provided by Experian to You via the Access Channels.
Provided You pay the amount due to the Integrator for use of their services (which will comprise payment for the Services), We will not invoice You directly for the Services and will not take any action to recover any amounts from you.
- Each party warrants that it has the full power and authority to enter into this Agreement.
- All intellectual property rights in any Client Data provided to us by You under this Agreement will remain vested in You.
- You grant Experian a perpetual, royalty free, non-exclusive, non-transferable licence to use (and copy) the Client Data in order to perform the Services and for other agreed purposes and in order for us to comply with any requests made to us under statute. All of the intellectual property rights (including copyright and database right) in the Information we provide to you in connection with the Services belongs to us or our licensors. You will not own any of the Information or have any rights to own the information.
- You acknowledge that parts of the Information contain (among other things):
- crown copyright data reproduced under licence from the controller of HMSO and the Vehicle Inspectorate; and
- proprietary data belonging to Our licensors.
- You may only use the Information for the internal business purposes of Your business and no other purpose.
- You shall not:
- sell, deal, transfer, or otherwise make available any of the Services to any third party or use the Services for the benefit of any third party;
- reproduce, publish, distribute, sell, deal, transfer or otherwise make available any of the Information to any third party or use the Information for the benefit of any third party;
- adapt, alter, modify or otherwise interfere with the Services and/or the Information;
- create a database from the Information;
- otherwise commercially exploit any of the Information;
- copy interfere with or use in any unauthorised way, any digital certificate, web certificate or any other security device provided by us for use in connection with the Services;
- remove or suppress any copyright notice or other proprietary markings contained within the Services or Information.
- You shall comply with our reasonable written instructions and directions in relation to the use of the Services (including in relation to information security). You agree and acknowledge that if information supplied by our licensors is made available to you as part of the Services, we can give our licensors details of your enquiry, your identity and the Charges paid in respect of an enquiry. The rights granted by these conditions are personal to you. You cannot transfer or grant any of these rights to anyone else.
- You acknowledge that the Services may contain public sector information licensed under the Open Government Licence v2.0 https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3 (“Open Government Data”).
- To the extent that you receive Open Government Data, you agree that Experian shall not be liable for any loss you incur (and shall not be in breach of this Agreement) as a result of any act or omission of the provider of the Open Government Data (including any act or omission which renders the Open Government Data inaccurate, any failure or delay in delivery of the Open Government Data by its provider, any inability to access the system from which Open Government Data is supplied and/or any non-availability of such system).
- Each party agrees that in connection with the provision or use of the Services (as appropriate), it will at all times comply with all applicable legislation, regulations, and other rules having equivalent force.
- Each party shall, in respect of the Confidential Information for which it is the recipient:
- keep the Confidential Information strictly confidential and not use or disclose to any person any part of such Confidential Information except as required for the performance of the recipient's obligations under this Agreement;
- take all reasonable steps to prevent unauthorised access to the Confidential Information;
- Each party may disclose Confidential Information where it is required to do so by law or by a court or governmental body with competent jurisdiction and the following provided that it shall procure that any party to whom it discloses Confidential Information shall observe the restrictions in this Clause 6:
- employees and officers of the recipient who require it for the recipient to perform its obligations under this Agreement;
- the recipient's auditors and professional advisors solely for the purposes of providing professional advice;
- if we are the recipient, agents and sub-contractors of Experian involved in performing our obligations under this Agreement, and Experian group companies;
- if we are the recipient the Information Commissioner's Office pursuant to any requirement to do so (whether legally binding or otherwise), and any person as permitted by any statutory provision.
- We may disclose information in accordance with Clause 5g above.
- You acknowledge that and agree that, without terminating or limiting Your obligations to Us relating to any other part of the Services, We shall be entitled to suspend, cancel or decline to provide any Services to the extent that in Our reasonable opinion, to provide the Services would be
- in breach of any statutory provisions, regulations or codes of practice; or
- not desirable or practicable by reason of any political, regulatory or public pressures; or
- beyond Your entitlement to receive any Information which would otherwise be received as part of the Services.
- You understand and accept that the Services and Information may be based upon and comprise data provided to us by third parties or which is otherwise publicly available. Accordingly, we give no warranty about the accuracy or fitness for any particular purpose of the Services and/or Information and/or any advice or opinion we give. We do however provide the Data Guarantee to you on the terms set out in Clause 8 below.
- You acknowledge and agree that the Services are not intended to be used as the sole basis for any business decision, and that we give no warranty as to the availability of the Services.
- The warranties expressly set out in this Agreement are the only warranties we give to you in respect of the subject matter of this Agreement. All warranties, representations or terms of equivalent effect which might be implied into this Agreement by law are excluded to the fullest extent permitted by law.
- Other than any Losses you are entitled to recover from us under the Data Guarantee, our total liability to you in any year for all claims (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) relating to the Services and/or the Information is limited to the sum of £500.00.
- We shall not be liable (whether in contract, negligence, for breach of statutory duty or under any indemnity or otherwise) for:
- any indirect or consequential loss.
- the following types of financial loss; loss of profits; loss of earnings; loss of business or goodwill; business interruption; even if Experian had notice of the possibility of the Client incurring such losses.
- the following types of anticipated or incidental losses; loss of anticipated savings; increase in bad debt; loss of sales or revenue; failure to reduce bad debt; reduction in the value of an asset; even If we had notice of the possibility of the you incurring such losses.
- any losses that are incurred by You in connection with the use or provision of any Supplemental Data
- We do not exclude or limit our liability to you:
- for breach of Experian's obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
- for personal injury or death resulting from Experian's negligence or that of its employees, agents and/or sub-contractors;
- under section 2(3) Consumer Protection Act 1987;
- for any matter which it would be illegal for us to exclude and/or limit, or attempt to exclude and/or limit, its liability; or
- for our fraud or fraudulent misrepresentation,
and nothing in this Agreement shall be construed as excluding or limiting such liability.
- We shall provide the Data Guarantee to You to cover Losses You suffer up to the Limit of Protection for a period of 12 months from the date on which the Service was provided. For the avoidance of doubt, the Data Guarantee only provides coverage against Losses in relation to Data Issues in the Information provided to You in the Services and no other losses. The Data Guarantee does not apply to Supplemental Data.
- We shall only be liable for Losses arising from Data Issues in the Information relating to the provenance of a particular vehicle as part of the Services and shall not be liable for any Losses arising from a vehicle's physical condition, value or valuation, specification, fuel consumption or dimensions except as otherwise provided for in these Conditions.
- You warrant and represent to us that any information provided to us:
- in the course of the Services; and/or
- when making a claim under the Data Guarantee,
is accurate and complete.
- You shall immediately disclose to us any fact which we would expect to have notice of in accepting, assessing or paying a claim under the Data Guarantee.
- The losses which the Data Guarantee provides coverage against (“Losses”) are set out below:
Data Issue Losses Limit of Protection 1 At the time the Experian Vehicle Data Service was performed, the vehicle was subject to a finance agreement which was not shown in the results of the Experian Vehicle Data Service If you are unable to obtain good title to the vehicle as a result of the finance agreement not shown in the results of the Experian Vehicle Data Service, we shall make payment (up to the Limit of Protection) to the relevant lender under such finance agreement to enable you to obtain full title to the vehicle. The lower of (i) the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £18,000 2 At the time the Experian Vehicle Data Service was performed, the vehicle was recorded as a Category A or B insurance write-off by an insurer, but this was not shown (or not shown correctly) in the results of the Experian Vehicle Data Service. Up to the Limit of Protection, we will pay to you an amount equal to the purchase price paid by you for the vehicle (less any scrap value you have received). The lower of (i) the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £18,000. 3 The vehicle was reported stolen prior to the Experian Vehicle Data Service being performed, however, the results of the Experian Vehicle Data Service did not show a stolen vehicle marker. Up to the Limit of Protection, we will pay to you an amount equal to the purchase price paid by you for the vehicle. The lower of (i) the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £18,000. 4 At the time the Experian Vehicle Data Service was performed, the vehicle was recorded as an insurance write-off by an insurer (other than a Category A or B write-off) but this was not shown (or not shown correctly) in the results of the Experian Vehicle Data Service. Up to the Limit of Protection, we will pay to you an amount equal to either:
- (1) the reduction in the Market Value of the vehicle as it result of it being recorded as an insurance write-off (where you retain the vehicle); or
- (2) if you have sold on the vehicle:
- (where you have re-purchased the vehicle after the Data Issue came to light and subsequently sold it on to a third party), the difference between the price received for the vehicle when you originally sold it and the price received when the vehicle was subsequently re-sold after the Data Issue came to light; or
- (where the third party who purchased the vehicle from you chooses to keep the vehicle and to receive compensation from you), the amount of compensation agreed with and paid to the purchaser of the vehicle.
The lower of (i) 50% the Market Value of the vehicle at the time the claim is made under the Data Guarantee; or (ii) £9,000. 5 At the time the Experian Vehicle Data Service was performed, the vehicle was an Export or Import but this was not shown in the results of the Experian Vehicle Data Service. Up to the Limit of Protection, we will pay to you an amount equal to the reduction in the Market Value of the vehicle as a result of the missing or incomplete import or export marker coming to light, as calculated on the day the claim is made. The lower of 10% the Market Value of the vehicle at the time the claim is made under the Data Guarantee or £1,800. 6 The number of registered keepers shown in the results of the Experian Vehicle Data Service is lower than the number of registered keepers recorded with the DVLA up to the date on which the Experian Vehicle Data Service was performed. No evidence of actual financial loss required. We will pay out the Limit of Protection where this Data Issue arises. £250 7 The results of the Experian Vehicle Data Service specify a colour which is different to colour recorded with DVLA for the vehicle. No evidence of actual financial loss required. We will pay out the Limit of Protection where this Data Issue arises. £50 8 The mileage shown in the results of the Experian Vehicle Data Service is different to a previous higher reading recorded in any other mileage database and the mileage record provided by you to us for the vehicle shows that the previous higher reading was correct. No evidence of actual financial loss required. We will pay out the Limit of Protection where this Data Issue arises. £250
- We shall only be liable to make payments to you under the Data Guarantee if the following conditions are met:
- You are a sole trader, partnership or body corporate (but not an individual in their own capacity) who has utilised the Experian Vehicle Data Service (via the Integrator) and subsequently purchased the vehicle to which the Experian Vehicle Data Service related;
- You have acted with professional diligence in making the vehicle purchase, to be determined solely by us (acting reasonably). We will take into account all relevant information in deciding whether the purchase was carried out with professional diligence. We may regard any of the following non exhaustive circumstances as indicative that you failed to act with professional diligence:
- the purchase was made with prior knowledge of the circumstances giving rise, or contributing to, the claim under the Data Guarantee;
- you failed to confirm before the vehicle purchase that the vehicle identification number ("VIN") displayed in the results of the Service matched the vehicle registration certificate ("V5C") and the VIN displayed on the vehicle;
- you failed to confirm that the vehicle registration mark ("VRM") and other details provided in the results of the Service were consistent with those of the vehicle;
- you purchased the vehicle despite the existence of information in the results of the Service which should have put you on notice that the vehicle should not be purchased;
- you failed to confirm that the identity of the seller of the vehicle was the same person as the current keeper recorded on the V5C;
- you failed to confirm the vehicle had a valid MOT certificate (where it was compulsory for the vehicle to have one); or
- in respect of any finance referenced in the results of the Experian Vehicle Data Service, you have failed to contact the relevant finance company to verify the type and detail of finance referred to.
- the Experian Vehicle Data Service was carried out prior to the purchase of the vehicle;
- the vehicle was purchased in the ordinary course of your business;
- the vehicle does not have false VRM and/or VIN;
- you have allowed Experian to inspect any vehicle in respect of which a claim is made under the Data Guarantee;
- you have provided evidence of financial loss to us in respect of the relevant Losses together with such other documentation as we may require, acting reasonably, to assess the claim; and
- you have taken all reasonable precautions to avoid, and taken reasonable steps to mitigate, Losses which are or may be recoverable under the Data Guarantee.
- The Data Guarantee will not provide coverage against Losses in the following circumstances or for the following losses or expenses:
- financial loss (whether arising from loss, destruction of or damage to the vehicle) occurring after the date of the Experian Vehicle Data Service other than as set out in Clause 8(e) above;
- where the vehicle was purchased outside Great Britain or Northern Ireland;
- where you made cash payments for the vehicle exceeding £5,000 or 10% of the purchase price of the vehicle (whichever is the higher);
- where you cannot provide a valid reason (to be determined at our sole discretion) for purchasing the vehicle for 30% or more below the Market Value;
- legal fees or expenses;
- you have provided incorrect or incomplete information to us when requesting the Service, or when making a claim under the Data Guarantee;
- losses in respect of vehicles other than those for which the Service is available, being a car, motorcycle or commercial vehicle;
- where the vehicle is not registered with the DVLA in the United Kingdom when the Experian Vehicle Data is carried out, or where it bears a VRM with the prefix or suffix letter Q;
- any issue arising or occurring prior to the vehicle's first registration with the DVLA;
- you make a false or fraudulent claim under the Data Guarantee; and
- where you have purchased the vehicle despite any of the details provided by the seller of the vehicle failing to accord with the results of the Experian Vehicle Data Service.
- Any claim made under the Data Guarantee must be made using a claim form, which is available by writing to AutoCheck Claims Department, The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ or by telephoning 0870 333 8030.
At your own cost, you must co-operate with us and give us the information and help we need to perform our obligations in relation to the Services.
- Either party may terminate this Agreement immediately by serving written notice on the other party:
- if the other party commits a material breach of an obligation under this Agreement which is not capable of remedy;
- if the other party commits a material breach of an obligation under this Agreement which is not remedied within 28 days after receipt of a notice from the party not in breach specifying the breach, requiring its remedy and making clear that failure to remedy may result in termination;
- if the other party becomes insolvent.
- Termination of this Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party: which have accrued before termination; or which are intended to continue to have effect beyond termination. Your entitlement to use the Information shall (unless such entitlement is stated to be perpetual) cease on termination of this Agreement.
Neither party shall be liable for events beyond its reasonable control.
- This Agreement forms the whole agreement between the parties, and takes the place of all previous negotiations, understandings and representations in relation to the same subject matter as this Agreement. Neither of the parties shall be bound by, or liable to the other party for, any representation, promise or inducement (other than fraudulent misrepresentations) made by it or by any agent or person on its behalf which is not expressly contained in this Agreement.
- These conditions may be changed by Us at any time by Us giving You notice of the changes to these conditions. If We do not hear from you within 30 days of the date of such notice, We will deem that to be Your acceptance of the updated conditions. If You do not agree to the changes, You must notify Us within 30 days of the date of the notice, and You shall be entitled to terminate with immediate effect.
Except as specified in 12b above if either party fails to exercise any right or solution available under these conditions, any failure or delay will not prevent either party from relying on those rights or solutions in the future.
- You shall access or use the Services via the Integrator.
- Subject to Clause 7f above, we shall not in any event be liable for any issues or problems arising from the provision of the Services where such issues or problems are a direct result of the acts or omissions of the Integrator.
Persons who are not a party to this Agreement shall not have any rights under this Agreement.
If a court of law finds any part of this Agreement to be invalid, it will be deleted and the rest of this Agreement shall remain to be in full force.
This Agreement is governed by English law. Both parties agree that the courts of England will have the exclusive power to settle any dispute that may arise out of, under, or in connection with this Agreement.
- All notices must be in writing and sent by first-class post or fax. If we write to you, we will use the address, fax number or e-mail set out in the Application Form. You can write to us at our registered office address.
- All notices are considered to have been received:
- 48 hours after being posted if posted to the correct address; or
- one hour after being sent if sent by fax within normal working hours
- Notices sent by email will not be accepted.
This section is only applicable to you if the Services that we provide to you include the Vehicle Mileage Check Service ("VMC Service").
You acknowledge and agree that the VMC Service can only comment on the vehicle(s) on which the VMC Service is conducted.
You acknowledge and agree that it shall at all times remain responsible for ensuring that its vehicle due diligence policies and practices are compliant with all applicable laws.
If you are a VMC Member, we recommend that you adhere to the procedures shown in the due diligence policy document known as Vehicle Mileage Check User Guide ("VMC User Guide"), a copy of which shall be available on request. However, you acknowledge and agree that the VMC User Guide is not intended to replace your own vehicle due diligence policies and practices.
If you wish to make a complaint regarding the Services, please contact us as follows:
Post: Customer Relations, Experian Limited, The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ.
Telephone: 0344 481 0078* from Monday to Friday, 9am to 5pm
*Charges for calling 03 numbers are the same as for calls made to standard UK landline phone numbers starting 01 or 02. If your landline or mobile phone package means you can call an 01 or 02 number as part of ‘free’ inclusive minutes, the same will apply to calling our 03 number.
Appendix 1: DVLA Requirements
The terms of this Appendix shall apply to the use of any data contained within the Check Results which has been supplied by the DVLA (“Data”).
The DVLA has stipulated that the following terms and conditions shall apply to use of the Data. These terms and conditions have been imposed by DVLA and neither Experian nor Auto Trader has any authority or ability to agree any amendments.
Whilst the contents of this Appendix form part of the binding legal agreement between Auto Trader and the Advertiser, each of Experian and the DVLA is entitled to enforce the terms of these Conditions in accordance with the Contracts (Rights of Third Parties) Act 1999.
- Data Security Requirements
- The minimum security requirements, which are required are as follows:
- Data, including back-up data, must be retained in secure premises and locked away;
- The Data supplied may only be copied for back-up and for the purposes of processing the Data. Copies must be erased immediately thereafter and they must not be otherwise duplicated;
- The Advertiser will retain the Data only for as long as necessary with reference to the Permitted Purpose and in accordance with the Data Protection Legislation;
- The Advertiser, in accordance to Data Protection Legislation, should dispose of the Data where there is no business need to retain it;
- Data, including back-up Data, must be protected from unauthorised access, release or loss;
- A User ID and a robust password must be required to enter all databases on which the Data is stored;
- A unique User ID and password must be attributable to an individual and must be allocated to each person with access to the Data;
- User IDs and passwords must not be shared between the Advertiser’s staff;
- Access to the Data must be minimised so that only where necessary are individuals given the following levels of access:
- ability to view material from single identifiable records
- ability to view material from many identifiable records
- functional access, including: searching, amendment, deletion, printing, downloading or transferring information;
- The Data must not then be copied onto or stored on removable media. Laptops may be used but only if the device has full disk encryption installed in line with industry best practice and the devices are securely protected when not in use;
- Data must be used only for the Permitted Purpose;
- Paper records must be destroyed by incineration, pulping or shredding finely so that reconstruction is unlikely;
- Electronic Data must be securely destroyed or deleted in accordance with current guidance from the Information Commissioner’s Office as soon as it is no longer needed;
- All premises and buildings in which the Data is stored must be secure;
- The Advertiser must be registered with the Information Commissioner and the permission must cover all activities actually carried out;
- information must not be passed to third parties except in accordance with the following:
- with the prior written consent of Auto Trader, Experian and the DVLA, the Advertiser may disclose data to a sub-contractor who acts as the Advertiser’s data processor, provided the Advertiser has a written contract with such sub-contractor that requires the sub-contractor to comply with the terms of this Appendix;
- with the prior written consent of Auto Trader, Experian and the DVLA, the Advertiser may disclose data to a customer of the Advertiser on a case by case basis for the Permitted Purpose provided the Advertiser has a written contract with the customer that requires the customer to comply with the terms of this Appendix;
- the Advertiser may disclose Data to other third parties with the prior written approval of Auto Trader, Experian and the DVLA on a case by case basis;
- the Advertiser may disclose Data if required to do so by Applicable Law;
- transfer of the Data to third parties (where approval has been granted by Auto Trader, Experian and the DVLA) must be in accordance with the principles of Data Protection Legislation. Any other conditions required by the DVLA in giving permission for disclosure to third parties must be satisfied; and
- The Advertiser shall notify Auto Trader and Experian immediately, within a maximum of 24 hours of becoming aware, of any failure to comply with the requirements set out in this paragraph 1.
- The minimum security requirements, which are required are as follows:
- Inspection, Internal Compliance and Audit
- A Data Governance Assessment form shall be completed upon DVLA request and shall confirm whether or not the requirements of this Appendix have been complied with.
- Minimum Requirements for the Customer’s Staff Vetting and Disciplinary Procedures
- The minimum requirements for the Advertiser’s staff vetting procedures are as follows:
- The Advertiser shall confirm the identity of its entire new staff.
- The Advertiser shall confirm the references of its entire staff.
- The Advertiser shall require all persons who are to have access to the Data to complete and sign a written declaration of any unspent criminal convictions.
- The Advertiser shall not allow any person with unspent criminal convictions to have access to the Data, except with the prior written permission of the DVLA.
- The Advertiser shall ensure that no person who discloses that he or she has any unspent criminal convictions or who is found by the Advertiser to have any unspent criminal convictions is allowed access to the Data.
- The Advertiser shall require all persons who are to have access to the Data to complete and sign an agreement to use the Data only for the Permitted Purpose and in accordance with the Advertiser’s procedures.
- The Advertiser shall require that each person who has access to the Data shall sign a document confirming that the person shall use the Data only in accordance with the Advertiser’s procedures and only for the Permitted Purpose.
- The Advertiser shall ensure that each person who has access to the Data shall act with all due skill, care and diligence and shall possess such qualifications, skills and experience as are necessary for the proper use of the Data.
- The Advertiser shall ensure that each person who has access to the Data is appropriately trained in and aware of his or her duties and responsibilities under the Data Protection Legislation and this Agreement.
- The Advertiser shall maintain a procedure for authorising the creation of user accounts and for the prompt deletion of accounts that are no longer required. The Advertiser must ensure that the person or persons carrying out this work are appropriately trained and that their duties are separate from that of a normal user account. A normal user must not be able to manage their own account.
- The Advertiser’s disciplinary policy shall state that misuse of the Data by any person shall constitute gross misconduct and may result in summary dismissal of that person. The Advertiser shall notify such misuse to the DVLA and the person involved shall be refused all future access to Data.
- System administrators must receive appropriate training.
- The system administration role must be separated from any other role to ensure a separation of duties
- The minimum requirements for the Advertiser’s staff vetting procedures are as follows:
- Key Staff List
- The Advertiser shall complete a list of the individuals who have direct responsibilities for the use of the Data, giving their names and business addresses and other contact details and specifying the capacities in which they are concerned with the Data.
- As a minimum, the list shall include details of the Advertiser’s registered office, as recorded by Companies’ House and:
- the manager who shall be responsible for the Advertiser’s general contractual matters; and
- The manager who is responsible for the management of the Data.
- The Advertiser shall inform Auto Trader and Experian immediately of any changes in the list.
- Publicity and Media
- The Advertiser shall notify the DVLA immediately if any circumstances arise which could result in publicity or media attention to the Advertiser which could adversely reflect on the DVLA.
- The Advertiser shall not use the DVLA logo, create or approve any publicity implying or stating that the DVLA has a connection with any service provided by the Advertiser without the prior written approval of the DVLA. Prior written approval of the DVLA shall be obtained for each individual piece of publicity.
- Transfer of the Data outside the UK
- The Advertiser shall not transfer Personal Data contained within the Data outside of the EU unless the prior written approval of the DVLA has been obtained and the following conditions are fulfilled:
- the DVLA or the Advertiser has provided appropriate safeguards in relation to the transfer (whether in accordance with GDPR Article 46 or LED Article 37) as determined by DVLA;
- the Data Subject has enforceable rights and effective legal remedies;
- the Advertiser complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred (or, if it is not so bound, uses its best endeavours to assist the DVLA in meeting its obligations); and
- the Advertiser complies with any reasonable instructions notified to it in advance by the DVLA with respect to the processing of Personal Data.
- Where the DVLA gives the prior and express written approval referred to in clause 6.1, the Advertiser shall disclose the Data only to the extent agreed and in accordance with any conditions attached to the giving of that approval.
- The Advertiser shall not transfer Personal Data contained within the Data outside of the EU unless the prior written approval of the DVLA has been obtained and the following conditions are fulfilled:
- Retention of Data and Evidence
- In accordance with the Data Protection Legislation, the Advertiser shall retain each item of Data only for as long as is necessary with reference to the Permitted Purpose.
- The Advertiser shall arrange for the secure destruction or deletion of each item of Data, in accordance with the requirements of the Data Protection Legislation, as soon as it is no longer necessary to retain it.
- The Advertiser shall retain for two years after Processing of the Data, to allow inspection by the DVLA, the evidence that the Advertiser relies on to show its compliance with the requirements of this Appendix. There is no need, for DVLA’s inspection purposes, for the Data to be retained as part of this requirement. The Data must be disposed of in accordance with the provision of paragraph 1 above.
- Internal Compliance Checks and Fraud
- The Advertiser shall ensure that its business processes, records of customer interactions and transactions, audit procedures on business activities and financial reporting are appropriate and effective to ensure proper use of the Data in compliance with this Appendix and the requirements of the Data Protection Legislation.
- The Advertiser shall carry out its own internal compliance checks at least annually and shall, upon the request of DVLA, provide details of the outcome of such checks using the Data Governance Assessment form provided by DVLA.
- The Advertiser shall take all reasonable steps, in accordance with best industry practice to prevent fraud by its staff, shareholders, members and directors in connection with the receipt of the Data.
- The Advertiser shall notify the DVLA immediately, within a maximum of 24 hours of becoming aware, if it has reason to suspect that any fraud has occurred or is occurring or is likely to occur.
- If the Advertiser commits fraud in relation to this Agreement or any contract with the Crown (including the DVLA) Auto Trader and/or Experian may (on the DVLA’s instructions):
- terminate this Agreement and recover from the Advertiser (on behalf of the DVLA) the amount of any loss suffered by the DVLA resulting from the termination; or
- recover in full from the Advertiser (on behalf of the DVLA) any other loss sustained by the DVLA in consequence of any breach of this clause.
- Audits and Reviews
- The Advertiser shall share with the DVLA the outcome of any other checks, audits or reviews that have been carried out on its activities as a Data Controller that are relevant to the Processing of the Data.
- The Advertiser shall notify the DVLA immediately, within a maximum of 24 hours of becoming aware, of any audits that are being carried out by the Information Commissioner’s Office under Data Protection Legislation that are relevant to the Processing of the Data.
- The DVLA or an agent acting on its behalf reserves the right to carry out an inspection at any time of the Advertiser’s s compliance with the terms of this Appendix. Where possible, the DVLA shall give the Advertiser 7 Days’ written notice of any such inspection.
- The Advertiser agrees to co-operate fully with any such inspection and to allow the DVLA or an agent acting on its behalf access to its premises, equipment, evidence and the staff for the purposes of the inspection.
- The Advertiser will respond as required to the findings and recommendations of any DVLA inspection and will provide updates as required on the implementation of any required actions.
- The DVLA may, by written notice to the Advertiser, forbid access to the Data, or withdraw permission for continued access to the Data, to any member of the Advertiser’s staff whose access to or use of the Data would, in the reasonable opinion of the DVLA, be undesirable. The decision of the DVLA as to whether any person is to be forbidden from accessing the Data shall be final and conclusive.
- The Advertiser consents to Auto Trader and/or Experian:
- providing results of any audit carried out under the Agreement to the DVLA; and
- notifying the DVLA of any breach of the Agreement by the Advertiser.
- Without prejudice to any other requirement in this Agreement, the Advertiser shall provide such reports on the performance of this Agreement or any other information relating to the Advertiser’s requests for and use of the Data as the DVLA may reasonably require.
- The DVLA reserve the right to review this Agreement with the Advertiser at any time. Where required by the DVLA, the Advertiser shall meet in person or via video or telephone conference with the DVLA to review:
- the ongoing need for the Data;
- the Permitted Purpose for which the Data is provided;
- the performance of the Data;
- the security arrangements governing the Advertiser’s safe receipt of the Data and the Advertiser’s further use of the Data;
- the arrangements that the Advertiser has in place relating to the retention and secure destruction of the Data;
- any audits that have been carried out that have relevance to the way that the Advertiser is Processing the Data;
- any security incidents that have occurred with the Data;
- the continued registration of the Advertiser’s company under the same registered number;
- the training and experience of the Advertiser’s staff in their duties and responsibilities under the Data Protection Legislation.
- Incidents and Change of Control
- The Advertiser shall notify the DVLA immediately, within a maximum of 24 hours of becoming aware, of any losses, compromise or misuse of the Data or any Personal Data breach and keep the DVLA informed of any communications about the incident with; the individuals whose Personal Data is affected; the Information Commissioner’s Office; or the media.
- The Advertiser understands that as the Data Controller it shall be responsible for taking any action necessary to resolve any such incident.
- The Advertiser shall seek the prior written agreement of Auto Trader and Experian to any change of control within the meaning of section 450 of the Corporation Taxes Act 2010 (as amended) (“Change of Control”). Where Auto Trader or Experian has not given its written agreement before the Change of Control, Auto Trader and Experian may (acting on the instructions of the DVLA) terminate this Agreement by notice in writing with immediate effect within 26 weeks of:
- being notified that that change of control has occurred; or
- where no notification has been made, the date that Auto Trader and/or Experian becomes aware of that change of control.
- Complaints and Suspension
- Where a complaint is received about the Advertiser or the manner in which its services have been supplied or work has been performed or procedures used or about any other matter connected with the use of Data, the DVLA may notify the Advertiser and where considered appropriate by the DVLA, investigate the complaint. The DVLA may, in its sole discretion, acting reasonably, uphold the complaint and suspend or terminate access to the Data.
- If the Advertiser has committed any breach of this Agreement, Auto Trader and/or Experian may (where it is instructed to do so by the DVLA) suspend the supply of the Data without further notice and with immediate effect and investigate the nature and effect of the breach.
- The DVLA may from time to time issue guidance on its principles on suspending the supply of the Data and terminating contracts to supply Data. The guidance may include guidance concerning: types of Defaults which the DVLA may consider to be material breaches, guidance as to specific types of breach that the DVLA will consider to be remediable; how such breaches may be remedied; how long suspension may last; and guidance as to which types of breach the DVLA may consider to be irremediable.
- If the DVLA instructs Auto Trader and/or Experian to suspend the supply of the Data at any time, the Advertiser shall co-operate with any further investigation, audit or review that the DVLA requires to be carried out in relation to the Data provided to the Advertiser.
- The DVLA may refuse to permit Auto Trader and/or Experian to resume the supply of the Data until the Advertiser provides assurances that the matter resulting in the suspension has been resolved to the satisfaction of the DVLA, and takes specified actions within a reasonable period set by the DVLA.
- The DVLA may require that an inspection is carried out after the supply of Data is resumed, to check the Advertiser’s compliance with this Agreement and Data Protection Legislation.
- The Advertiser shall reimburse the DVLA for all DVLA’s cost and expenses incurred in relation to the DVLA’s rights under this clause to carry out an inspection, investigation, audit or review of the Advertiser.
- Conditions on use of VRN as a Search Criteria
- Disclosure of the Data (or any extract from it) relating a specific vehicle upon entry of a VRN by a requestor are only permitted in the following cases:
- The VRN relates to a vehicle where the requestor is either owner or registered keeper of that vehicle; or
- The VRN relates to a vehicle that is being or intended to be marketed or offered for sale; or
- The requestor has a genuine and legitimate interest in determining the provenance, status or technical specification of that vehicle; or
- Where confirmation of the vehicle identity is a pre-requisite for the Data being accessed by the requestor.
- The VRN relates to a vehicle that the requestor has involvement in providing services to. This may include where the requestor:
- Has sold, repaired, modified, or serviced that vehicle;
- Is providing an insurance quotation or vehicle finance for that vehicle;
- Is involved in reducing crime for that vehicle.
- Disclosure of the Data (or any extract from it) relating a specific vehicle upon entry of a VRN by a requestor are only permitted in the following cases:
- Restrictions on Free Disclosure of The Data
- In order to restrict excessive amounts of Data from being disclosed, the Advertiser is only permitted to disclose the following Data fields free of charge and free of any conditions:
- Make Year of Manufacture
- Model Export Marker
- Colour Vehicle Type Approval
- Date of First Registration Wheelplan
- Body Type Vehicle/Revenue Weight
- Fuel Type Tax Data
- Engine Capacity MOT Data
- CO2 Gearbox (obtained from SMMT)
- BHP (obtained from SMMT)
- In order to restrict excessive amounts of Data from being disclosed, the Advertiser is only permitted to disclose the following Data fields free of charge and free of any conditions:
- Restrictions on Disclosure of Vehicle Identification Number (VIN)
- The table in section 14.2 below sets out the specified conditions for disclosure of the full VIN. The full VIN must only be released where absolutely essential and where this is not necessary VIN confirmation or partial VIN release should be the preferred solution.
- Market Sectors Where Disclosure of Full VIN is Permitted
Market Sector Purpose for Release of VIN Permitted Disclosure
Motor Dealers Franchised: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To confirm a correct VIN to be compared to the VIN displayed on the vehicle. Displayed on the vehicle search report / certificate. Recorded on the vehicle inventory, stock report, ledgers and customer database / service record. Information disclosed to vehicle purchaser / owner, dealership staff, sub-contractors and auditors.
Motor Dealers Non-Franchised: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To confirm a correct VIN to be compared to the VIN displayed on the vehicle. Displayed on the vehicle search report / certificate. Recorded on the vehicle inventory, stock report, ledgers and customer database / service record. Information disclosed to vehicle purchaser / owner, dealership staff, sub-contractors and auditors.
Auction Houses: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To confirm a correct VIN to be compared to the VIN displayed on the vehicle. Displayed on the vehicle search report / sale lot. Recorded on the sales systems, vehicle inventory, stock report and ledgers. Information disclosed to vehicle vendor / purchaser, auction staff, sub-contractors and auditors.
Original Equipment Manufacturers: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To use the VIN as an identifier if vehicle is not yet registered. Displayed on the vehicle search report / certificate. Recorded on the vehicle inventory, stock report, ledgers and customer database / service record. Information disclosed to franchise holders, vehicle owner / purchaser, OEM staff, sub-contractors and auditors.
Finance Companies: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To use the VIN as an identifier if vehicle is not yet registered. Recorded on the vehicle asset / inventory files, Contract reports, ledgers and customer database / record. Information disclosed to vehicle operator / owner / purchaser, finance company staff, sub-contractors and auditors.
Insurance Companies: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. Recorded on the vehicle policy / claims files, contract reports, ledgers and customer database / record. Information disclosed to vehicle operator / owner / policyholder, insurance company staff, sub-contractors and auditors.
Fleet and Leasing Companies: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To use the VIN as an identifier if vehicle is not yet registered. Recorded on the vehicle asset / inventory files, Contract reports, ledgers and customer database / service record. Information disclosed to vehicle operator / owner / purchaser, fleet & leasing company staff, sub-contractors and auditors.
Aftermarket Service Providers: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. Used to help identify and link to replacement parts and accessories. Recorded on the vehicle order record, ledgers and customer database / service record. Information disclosed to vehicle repairer / operator / owner / purchaser, aftermarket company staff, sub-contractors and auditors.
Automotive Systems and Integration Companies (e.g. Vendors of Dealer Management Systems): To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. Displayed on the vehicle search report / certificate. Recorded within the application modules to handle vehicle inventory, stock report, ledgers and customer database / service record. Information disclosed to vehicle repairer / systems operator, vehicle owner / purchaser, systems integrator company staff, sub-contractors and auditors.
Law Enforcement Agencies: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To confirm a correct VIN to be compared to the VIN displayed on the vehicle. To use the VIN as an identifier if vehicle is not yet registered. Displayed on the vehicle search report / certificate. Recorded on the case files, reports and legislative documentation. Information disclosed to authorised individuals and bodies involved in and processing the case / enquiry.
Salvage Companies: To assist in confirming the identity of the vehicle by validating that the VRN searched relates to the correct vehicle. To confirm a correct VIN to be compared to the VIN displayed on the vehicle. Displayed on the vehicle record / COD (Certificate Of Destruction). Recorded on the vehicle inventory, stock report, ledgers and customer database. Information disclosed to vehicle operator / owner, salvage company staff, sub-contractors and auditors.
- Disclosure of the full VIN is not permitted to the following market sectors:
- Marketing Companies (other than those working on behalf of approved trade sector Advertisers in respect of their core activities under permitted uses)
- Companies, Partnerships and Sole Traders who do not meet the criteria set out in the table in section 14.2 above.
- Where there is a requirement to disclose the full VIN to new market sectors or for new purposes other than those set out in the table above in section 14.2 the Advertiser must detail this in writing and obtain formal written approval from DVLA. The Advertiser shall not disclose the full VIN to any additional market sectors or for any new purposes without a written contract variation and formal written approval from DVLA.
- Conditions on Disclosure of Partial VIN
- The Society of Motor Manufacturers and Traders (SMMT) has informed DVLA that the release of the end characters of a VIN (so a partial VIN) may lead to the ability to uniquely identify a vehicle in a very limited range of circumstances.
- Where there are fewer than 500 vehicles of a particular type registered in a year, only the last three characters are needed to uniquely identify a vehicle, assuming that the make and model of that vehicle is known.
- Where disclosure of Data is not permitted under paragraph 1(p) of this Appendix, and where there are fewer than 500 vehicles of a particular vehicle type registered in one year, the Advertiser must only disclose the final two characters of the VIN.