Auto Trader Moves

Last Updated: 1st November 2021

1. About These Terms

   1. These terms of use set out the rules for the use of the AT Moves platform which is made available at Auto Trader’s digital customer ‘Portal’ platform or such other website or portal as determined by Auto Trader Limited from time to time (“Platform”). Use of our Platform is to enable those businesses requiring vehicles to be moved (“Customers”) to publicise those requirements on our Platform to logistics providers who are registered on the Platform to bid for each job (“Suppliers”).
   2. Our role is only to make the Platform available for your use and we are not party to any contract between Customers and Suppliers. We are not responsible for the performance of any of the vehicle movements or other services arrangements entered into between the parties using our Platform.
   3. By using our Platform, you confirm that you accept these terms of use and that you agree to comply with them. These terms of use apply to your usage of the Platform and the Platform (including those terms specifically applicable to your subscription to an account as a Customer or Supplier) to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Section 1: General Terms of Platform Uses

2. Information About Us

   1. The Platform is owned by Auto Trader Limited (“We”, “our”, “AT”). Auto Trader Limited is registered in England and Wales under company number 03909628 and has its registered office at 5th Floor, 1 Tony Wilson Place, Manchester, Lancashire, M15 4FN. Our VAT number is GB 614 8918 20.

3. Changes To These Terms

   1. We may revise these terms of use at any time by amending this page. Display of the modified terms of use shall be deemed notice to you. It is your responsibility to check this page from time to time to take notice of any changes we have made, as they are binding on you.

4. Access

   1. Access to our Platform and any services we provide via our Platform is permitted on a temporary basis requiring you to hold a current account subscription. We reserve the right to suspend, withdraw or amend the services we provide on our Platform without notice.
   2. From time to time, we may restrict access to some parts of our Platform, or our entire Platform, to users who have an account registered with us. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
   3. You are responsible for making all arrangements necessary for you to have access to our Platform. The Platform is intended for use only by those who can access it from within the UK. If you choose to access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
   4. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. Availability

   1. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted.
   2. You are solely responsible for evaluating the suitability of any downloads, text or programmes available through this Platform.

6. Data Protection

   1. Any information that we collect about you in respect of your use of our Platform and any services we provide via our Platform will be processed in accordance with our Privacy Policy which is located at https://www.autotrader.co.uk/privacy-policy. By using our Platform, you acknowledge that you have read and accept our Privacy Policy and you warrant that all data provided by you is accurate.
   2. Like most interactive websites, our Platform uses cookies to ease the retrieval of user details for each visit. Cookies are used in some areas of our Platform to enable the functionality of this area and ease of use for those people visiting. Please view our Cookie Policy at https://www.autotrader.co.uk/cookie-policy for more information.

7. Intellectual Property Rights

   1. We are the owner or the licensee of all intellectual property rights in our Platform, and in the material we publish on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Redistribution or republication of any part of this Platform is prohibited, without our written consent.
   2. Nothing in these terms grants you any legal rights in the Platform other than as necessary to enable you to access the Platform. You agree not to adjust, to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices.

8. Content On Our Platform

   1. Whenever you make use of a feature that allows you to upload content to our Platform, or to contact other users of our Platform, you must use our site only for lawful purposes. You may not use our Platform:

      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
      5. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

   2. You also agree not to access without authority, interfere with, damage or disrupt:

      1. any part of our Platform;
      2. any equipment or network on which our Platform is stored;
      3. any software used in the provision of our Platform; or
      4. any equipment or network or software owned or used by any third party.
   3. Any content you upload to our Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
   4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
   5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Platform. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

9. Disclaimer, Exclusions and Limitations

   1. We shall not be responsible to you for any communication sent by email which is either received late or not received at all. This includes but is not limited to job acceptance emails, job cancellation emails, job change emails, general business emails.
   2. Given the nature of our role in the relationship between Supplier and Customer (as further described at Clause 13 below), we accept no liability in connection with a breach of these terms of use by any Supplier or Customer. In accordance with Clause 13, the transactions made between Suppliers and Customers using the Platform are made at their own respective risk and responsibility.

   3. To the extent permitted by law we hereby expressly exclude:

      1. All conditions, warranties and other terms which might otherwise by implied by statute.
      2. Any liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, incurred by any user in connection with our Platform or in connection with

      3. Any liability for:

         1. loss of income or revenue;
         2. loss of business;
         3. loss of profits or contracts;
         4. loss of anticipated savings;
         5. loss of use or corruption of software, data or information;
         6. business interruption;
         7. loss of goodwill;
         8. wasted management or office time; and
         9. any indirect or consequential loss or damage.

   4. Our liability to you shall be limited as follows:

      1. If you are a Customer, our liability in respect of any job listing shall be limited to a pro-rated amount of the charges paid by you to Auto Trader for the usage of the Platform for the month in which the listing takes place (such pro-rated amount to be attributable to such job listing only and to be calculated using the total number of job listings carried out by you during such month); and
      2. If you are a Supplier, our liability shall be limited to the aggregate of the subscription fee and winner’s fees paid or payable in the calendar month during which the liability arises, together with the value of any undisputed invoices raised in respect of any “Auto Trader managed payments”.
   5. The exclusions and limitations under clauses 9.2, 9.3 and 9.4 do not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
   6. You agree to indemnify us against all liabilities, losses, expenses, costs or other damage suffered or incurred by us (including in respect of any third-party claims against us) as a consequence of your breach of these terms.

10. Links to and from Third Party Sites

    1. We do not monitor or review the content of other party’s websites which are linked to or from this Platform. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
    2. Please be aware that we are not responsible for the privacy practices, or content, of these websites. We encourage our users to be aware when they leave our website and to read the privacy statements of these websites.

Section 2: Terms Applicable to Account Holders

Where you open a Customer or a Supplier account, the terms of this section form the basis of the agreement that you enter into with us and Suppliers (where you subscribe to a platform account as a Customer) or with us and Customers (where you subscribe to a platform account as a Supplier).

11. Account Registration

    1. Only those in a position to form legally binding contracts under English law may register for an account. Registration is not open to individuals. If you are an individual registering an account on behalf of a business, you represent that you have the authority to bind the business to these terms.
    2. Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password. You must not disclose your username or password to any third party.
    3. Each Supplier must use Auto Trader’s ‘Self Billing’ process and have an up to date self-billing agreement in place with Auto Trader to be permitted to access and use the Platform. Suppliers who do not use Auto Trader’s ‘Self Billing’ process in accordance with the above will not be permitted to carry out any jobs via the Platform (including any “Auto Trader managed payment” jobs) and any Supplier not using Auto Trader’s ‘Self Billing’ process who is found to be accessing the Platform shall have their access revoked. For the purpose of these terms (i) Auto Trader’s ‘Self Billing’ process is where Auto Trader prepares the Supplier’s invoices for all “Auto Trader managed payments” jobs on the Supplier’s behalf (and provides copies of such invoices to the Supplier), and (ii) “Auto Trader managed payments” are where Auto Trader generates invoices on behalf of Suppliers and pays such invoices directly on behalf of Customers. Following the generation of such invoices, (i) by Auto Trader in in respect of “Auto Trader managed payments”, payment of such invoices shall be made by Auto Trader and charged by Auto Trader to the relevant Customer, in accordance with these terms, and (ii) by the Supplier in respect of all other moves, payment of such invoices shall be made directly to the Supplier by the relevant Customer, in accordance with these terms.

12. Jobs

    1. Auto Trader do not guarantee access to set volumes of job listings per month, nor access for Suppliers to all Customer networks but will endeavour to facilitate access where reasonably possible. Each Supplier acknowledges however that access to a Customer network is subject to the Supplier accepting and adhering to the Customer’s service levels.
    2. Users of the platform involved or interested in the same transaction may not contact each other prior to a bid ending. All contact information will be emailed once a bid is successful. Once the vehicle has arrived at the arranged destination the Supplier shall indicate that the job is complete on its account to inform the Customer of the delivery.
    3. Without prejudice to clause 14.1.23 below, in respect of each job, unless either the Supplier or the Customer notifies Auto Trader within 14 calendar days of the job’s scheduled completion date (as such date is specified on the Platform) that such job has not been completed, Auto Trader shall deem such job to have been completed. Accordingly, once 7 days has passed following a job’s scheduled completion date, in the absence of any notification to the contrary from the Supplier or the Customer, Auto Trader shall mark the job as having been completed on the Platform, and the winner’s fee shall become payable by the Supplier in accordance with these terms.

13. Our Role

    1. The purpose of our Platform is to facilitate the movement of vehicles between locations to meet the needs of individuals and organisations within the motor trade and logistics industries, by providing a platform in the marketplace where they can be introduced and communicate. Customers can contract with Suppliers to conclude transactions which have been facilitated via the Platform. Unless otherwise agreed by us in writing, for example, as part of Auto Trader carrying out its responsibilities as part of Auto Trader’s ‘Self Billing’ process, we are in no way involved in such transactions.
    2. We hold no control over the quality, safety, or legal aspects of the transactions that are made through the Platform nor do we hold any liability on the transport of any vehicle. It is the responsibility of both the Customers and Suppliers to negotiate the terms of the transaction. We acknowledge that, where a Supplier and Customer agree separate terms for any vehicle movement (whether by movement contract, service levels or otherwise), in the event of any conflict or ambiguity between such separate terms and these terms of use, to the extent such separate terms do not relate to the provision of the Platform and related services by us, and as between such Customer and Supplier only, such separate terms shall take precedence.
    3. We are not obliged to assist in any disputes between any Suppliers and Customers. We may, however, at our sole discretion take action (including for breach of contract) against any Customer or Supplier that fails to comply with these terms.

14. Suppliers - Your Role & Responsibilities

    1. A Supplier registering for a logistics account agrees and undertakes that:

       1. it enters into these terms in the course of its business, ensuring its full capacity to meet and carry out its obligations under these terms;
       2. it understands and agrees to its responsibilities under the applicable laws concerning the protection of personal information, including the Data Protection Act 2018, the General Data Protection Regulations ((EU) 2016/679) (GDPR), the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and any amendments or updates to the same (the “Data Protection Laws”);
       3. all information and documents provided as part of its registration as a Supplier with Auto Trader are complete and accurate and it will inform Auto Trader of any changes to such information in writing immediately;
       4. it shall ensure that there is a valid and up-to date self billing agreement in place with Auto Trader at all times;
       5. all information it provides in connection with listings on the Platform, including any quote, is complete and fully accurate;
       6. it shall perform any jobs secured via the Platform in accordance with the request and any additional reasonable requirements communicated to it in writing or phone by the Customer and/or Auto Trader;
       7. in the absence of anything agreed to the contrary pursuant to clause 13.2 above, it shall accept the risk in (and assume the liability for) the vehicle from the point that a proof of collection document is signed by the Customer (or the party from whom the vehicle is being moved, if not the Customer) until the point that the proof of delivery document is signed by the Customer (or recipient of the vehicle, if not the Customer);
       8. it shall not rely on any automated emails sent, including but not limited to, job acceptance, job completion, job cancellation emails, but shall use them in conjunction with information in its account;
       9. it shall read thoroughly and strictly follow any requests or procedural actions noted in the delivery notes section for each job. Failure to do so may result in the delay or non-payment of invoices;
       10. it shall read, sign and store copies of all relevant Customer service levels and comply with those service levels;
       11. it shall not subcontract any job in whole or part, or re-list any job on any third party websites or logistics system;
       12. it shall carry out each job in accordance with all applicable laws and regulations, including health and safety legislation and compliance with HSE (Health and Safety Executive) and DVSA (Driver & Vehicle Standards Agency) guidance;
       13. it shall comply with all rules, regulations and statutes in relation to goods vehicle operators licensing and tachographs where applicable;
       14. it shall display trade plates on all vehicles;
       15. it shall not, nor shall any personnel, smoke in or near to any Customer vehicles;
       16. it shall employ personnel who are suitably qualified and experienced to perform the tasks assigned to them and in sufficient number to ensure that its obligations under these terms are fulfilled;
       17. it has in place all necessary licences for the operation of its business and provision of the job and shall provide evidence of such licences to the Customer and/or Auto Trader immediately upon request;
       18. it has in place and shall maintain such insurances with reputable insurers against those risks and to the extent that is usual for a transport supplier of its size and sufficient to cover the liabilities accepted under these terms. The Supplier shall provide evidence of such insurances to Auto Trader on request and ensure that these are updated upon each renewal and change to the insurance policies so that at all times Auto Trader holds an up to date copy of such insurances;
       19. it shall perform each job with reasonable skill and care in accordance with the commercial practices and to the standard expected of a competent and experienced provider of such services;
       20. it shall pick up and deliver vehicles on the dates/times specified on the job listing;
       21. it shall not less than 24 hours before each scheduled vehicle pick up speak with a representative of the Customer with sufficient authority to organise the collection of the vehicle, and obtain confirmation that the vehicle will be ready for collection at the scheduled pick up time;
       22. it shall ensure that it has adequate processes in place for secure vehicle storage and trade plate storage to prevent theft or damage when the vehicle is left unattended at any point;
       23. it shall, for every job, ensure a proof of collection and proof of delivery is issued, signed by relevant personnel and uploaded to each job, using electronic methods (and it shall ensure that the signature matches the name of the corresponding individual on any such documentation);
       24. it shall not (and shall procure that its personnel shall not) use any vehicles for personal use or for driving to other vehicle collections. Mileage will be checked against the job listing mileage, and any excessive additional mileage may result in invoices not being paid;
       25. it shall notify the Customer and Auto Trader of any accident, damage or breach of provision relating to any job being carried out, immediately upon becoming aware of it. Such notification shall include all the relevant information to enable Auto Trader and the Customer to investigate the matter fully;
       26. it shall inform Auto Trader if, when undertaking a job, it receives any penalty charge notice, including but not limited to parking fines, congestion charges, tolls or bus lane infringements;
       27. it shall, where applicable, pay any fine within the statutory time period to avoid penalty escalation or legal action;
       28. it shall use its best endeavours to support and assist Auto Trader in any claim it brings against the Customer in connection with a job, including providing all requested information and documents;
       29. it shall send invoices to the correct Customer (for non “Auto Trader managed payments”) and within a timely manner, including Auto Trader job listing IDs and vehicle registrations;
       30. in respect of any “Auto Trader managed payments”, it will claim any refunds in writing by writing to Accountspayable@Autotrader.co.uk within 28 calendar days of the job listing date. These will be shown as a credit on the Supplier’s next monthly invoice and shall not be refunded on an individual direct basis;
       31. it will make Auto Trader aware of any additional charges that are incurred on an “Auto Trader managed payment”, and the Customer aware of any additional costs that are incurred on all other moves, outside of the costs agreed on the accepted listing. Any costs not advised prior to delivery will NOT be authorised. For non “Auto Trader managed payments”, it will invoice the Customer directly for any additional charges;
       32. it shall make Auto Trader aware of any change in its VAT status, i.e. becoming VAT registered, immediately as this is required for self-billing and invoicing purposes;
       33. it shall not withhold vehicle deliveries for ANY reason. Failure to deliver vehicles or to 'maintain guardianship' of them due to disputes either with Auto Trader or Customers may result in a Supplier’s Auto Trader account being suspended or terminated;
       34. it shall not allow anyone other than its employees or personnel to access or transport any Customer vehicle in its possession or under its control; and
       35. it shall not permit any employees or related personnel to be abusive either verbally or physically to any third party, including any Auto Trader employee or employees of any Customers. Any instances of doing so may result in the Supplier’s Auto Trader account being suspended or terminated.
    2. In respect of any jobs which we determine to be “Auto Trader managed payments”, the Supplier shall comply with these terms of use in respect of Auto Trader in the same manner as if Auto Trader is the Customer.
    3. The Supplier shall indemnify on demand and hold harmless Auto Trader from and against all third party demands, fines, penalties or charges (including interest) arising out of or in connection with the performance of any vehicle movements or other services arrangements entered into between the Supplier and the Customer.

15. Customers - Your Role

    1. A Customer registering for a dealership account agrees and undertakes to both AT and any Supplier that:1. A Customer registering for a dealership account agrees and undertakes to both Auto Trader and any Supplier that:

       1. all information and documents provided as part of its registration as a Customer with Auto Trader is complete and accurate and it will inform Auto Trader of any changes to such information in writing immediately;
       2. it has full capacity to meet and carry out its obligations under these terms;
       3. it understands and agrees to its responsibilities under the Data Protection Laws;
       4. all information it provides when listing and in connection with the job, including within any change or amend requests, is complete and accurate;
       5. it shall not duplicate jobs or list jobs for quote purposes only and then cancel;
       6. it will endeavour to make Auto Trader aware immediately of any cancellation/change requests for a job, bearing in mind the Auto Trader office hours are Monday – Friday 9am – 5pm (excluding Bank Holidays);
       7. it shall pay Auto Trader, for “Auto Trader managed payments”, and the Supplier directly, for all other moves, the price of the job in full if a job is cancelled less than 24 hours prior to the earliest collection date and time specified on the job listing, or otherwise if a job is not ready by the earliest collection date and time specified on the job listing;
       8. it shall ensure that each vehicle is ready to collect on the date and at the time specified on the job listing;
       9. it is not aware of any issues which may affect the ability of a Supplier transporting any vehicle in the manner requested;
       10. where it requests that a vehicle is to be driven to a specified delivery location (“driven plate move”), each vehicle is fully roadworthy;
       11. it shall sign a proof of collection/delivery form provided by the Supplier upon collection/delivery of each vehicle;
       12. within 1 (one) business day of delivery, it shall report any issues with the job;
       13. where applicable, it shall comply with the terms of access and cancellation as set out in these terms;
       14. it will regularly check its account activity by logging into its Auto Trader account;
       15. it shall pay Auto Trader, for “Auto Trader managed payments”, and the Supplier directly, for all other moves, for jobs properly performed and completed (or aborted);
       16. it shall deal directly with the Supplier in relation to any damage, accidents and, in relation to non “Auto Trader managed payments”, invoicing queries, ensuring Auto Trader are kept aware and up-to-date with any relevant information for insurance purposes;
       17. it shall use its best endeavours to support and assist Auto Trader in any claim it brings against the Supplier in connection with a job, including providing all requested information and documents;
       18. it shall make its service levels available to Suppliers reasonably in advance of a job listing;
       19. it understands and accepts that Auto Trader is not liable for any issues arising during collection, transit or delivery, including damage to vehicles or cost of repair for any damage caused (see ‘Our Role’ section); and
       20. it shall not permit any employees or related personnel to be abusive either verbally or physically to any third party, including Auto Trader employee or employees of any Suppliers. Any instances of doing so may result in your Auto Trader account being suspended or terminated.

16. Payment

    1. Each Supplier is charged a monthly subscription fee along with a variable winner’s fee for each completed or aborted job secured via the Platform. Each Customer is charged a variable rate dependent on their usage of the Platform. Such charges shall either be included within the Customer’s Auto Trader advertising package or shall be charged separately consisting of either a fixed monthly fee or a variable listing fee dependant on volumes based on Auto Trader’s standard rate card. Information on the scale of these charges is made available by Auto Trader during onboarding and at the time of each transaction shown on the job listing and may be amended at our absolute discretion. Invoices detailing these charges will be sent via email on a monthly basis and payment shall be made by direct debit by the due date specified on such invoices.
    2. No subscription fee shall be due from a Supplier during the first month of subscription however once the first month ends, payment of the subscription fee will become due.
    3. All fees are subject to VAT at the prevailing rate.
    4. In respect of any listing that is an “Auto Trader managed payment”, we shall make payment to the Supplier for jobs that are properly performed and completed on the next payment run taking place after 30 days has passed following receipt of an invoice from the Supplier. Such payment runs take place on the 15th or 30th of the month. The Customer agrees to make payment to Auto Trader in respect of any listing that is an “Auto Trader managed payment”, such payment to be made within 14 days of a corresponding invoice. In respect of all other listings which are not “Auto Trader managed payments”, the Customer shall make payment to the Supplier for jobs that are properly performed and completed in accordance with payment terms which are agreed between the Customer and Supplier.
    5. We reserve the right to change the payment details at our absolute discretion.

17. Cancellations

    1. Accounts. A Supplier may terminate its account at any time by giving 30 days’ notice in writing to Auto Trader. If at the time of giving notice to terminate the Supplier has any pending jobs on its account, notice to terminate shall take effect no earlier than the date that all the Supplier’s jobs have been completed. The Supplier shall not bid for or accept any jobs after giving notice to terminate its account.
    2. Transactions. After a quote for a job from a Supplier has been accepted by a Customer, an agreement has been made between those parties incorporating the obligations imposed on the Customer and the Supplier under these terms, unless otherwise agreed between the Customer and the Supplier. Neither of these parties may cancel, delay, withdraw nor abort this job unless agreed by both parties in writing. We do not take responsibility once the job is accepted via the Platform.
    3. Where a job is terminated after acceptance of a quote, or is cancelled by the Customer less than 24 hours prior to the earliest collection date and time specified on the job listing, or otherwise if a job is not ready by the earliest collection date and time specified on the job listing, the full price of the job shall still be charged to the Customer.
    4. Where, after acceptance of a quote, a Supplier cancels or aborts a job less than 24 hours prior to the earliest collection date and time specified on the job listing it shall be liable for any loss incurred by the Customer (up to the value of the Supplier’s cancelled or aborted job listing) in sourcing an alternative supplier to carry out the move. In such circumstances Auto Trader may, at its sole discretion, subsequently remove the Supplier from one or more Customer networks on the Platform.

18. Confidentiality

    1. During the course of your account subscription we may disclose to you, or you may otherwise learn of or discover information relating to our business, affairs, processes, customers, clients or suppliers. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive property. Any disclosure of our information to a third party is strictly prohibited. You shall not use our confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with your account.

19. Personal Data

    1. The Customer is required to upload to our Platform certain personal data relating to the Customer’s personnel and/or the vehicle recipient (“Data Subject”) in respect of a job listing. It is acknowledged and agreed that the Customer is the “Controller” of the personal data and Auto Trader is the Customer’s “Processor” (as those terms are defined by the Data Protection Laws). The Data Processing Terms at https://www.autotrader.co.uk/partners/retailer/terms-and-conditions/data-processing-terms shall apply in respect of Auto Trader’s processing of the personal data.

    2. The processing of personal data to be undertaken by MTD (as referred to in clause 19.1) shall be as set out in the sub-clauses below:

       1. SCOPE AND PURPOSE OF PROCESSING: the processing of personal data belonging to the Customer’s personnel and/or the vehicle recipient, which is uploaded by the Customer to our Platform in connection with a job listing;
       2. NATURE OF PROCESSING: means collection of the data; transfer of limited personal data (i.e. postcode for delivery and vehicle registration number) to Suppliers for the purposes of them making a bid; transfer of the full personal data (i.e. the name, email address, full address for delivery and vehicle registration number) to the winning Supplier for the purpose of the winning Supplier carrying out the delivery; storage; and erasure or destruction of the personal data in accordance with the Data Processing Terms;
       3. DURATION OF THE PROCESSING: shall be as set out in the Data Processing Terms;
       4. TYPES OF PERSONAL DATA: means the name, email address, postcode, full address for delivery and vehicle registration number; and
       5. CATEGORIES OF DATA SUBJECT: means the Customer’s personnel and/or the recipient of the vehicle (who may or may not be a consumer).
    3. The Customer shall be responsible for ensuring that it fully complies with is obligations as Controller under the Data Protection Laws. Without limitation, this means that the Customer will ensure that it provides all necessary privacy information to the Data Subjects and has a proper legal basis 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 terms.

    4. In respect of each job listing, Auto Trader shall make available to the Suppliers the postcode for delivery and the vehicle registration number, for the purpose of the Suppliers making a bid. In respect of such personal data, the Customer acknowledges and agrees that the Suppliers shall act as Auto Trader’s sub-processors. Without prejudice to the generality of clause 14.1.2 above, each of the Suppliers shall, in relation to its processing of such personal data:

       1. process that personal data only for the purpose of considering and providing a bid in respect of a job listing, unless the Supplier is required to process such personal data otherwise by Applicable Laws. Where the Supplier is relying on Applicable Laws as the basis for processing personal data, the Supplier shall promptly notify Auto Trader of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Supplier from so notifying Auto Trader. “Applicable Laws” means (for so long as and to the extent that they apply to the Supplier) the laws of the European Union, the laws 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. 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 its personnel (including, without limitation, employees) who have access to and/or process the personal data are legally obliged to keep the personal data confidential;

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

          1. the Supplier or Auto Trader has provided appropriate safeguards in relation to the transfer;
          2. the Data Subject has enforceable rights and effective legal remedies;
          3. the Supplier complies with its obligations under the Data Protection Laws by providing an adequate level of protection to any personal data that is transferred; and
          4. the Supplier complies with any other reasonable requests by Auto Trader in respect of the transfer;
       5. assist Auto Trader or the Customer 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 Auto Trader without undue delay, and in any case within 48 hours, on becoming aware of any personal data breach or other security incident affecting or relating to the personal data;
       7. promptly delete all copies that they have made of the personal data on being notified that they have been unsuccessful in the relevant bid, or at the written direction of Auto Trader 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 clause 19.4 and relevant provisions of the Data Protection Laws and allow for audits by Auto Trader or Auto Trader’s designated auditor in respect of the same.
    5. Where the Customer contracts with the winning Supplier in respect of a delivery (facilitated via our Platform), the Customer agrees that Auto Trader can transfer the full personal data (i.e. name, email address, full address for delivery and vehicle registration number) to the winning Supplier. It is the responsibility of the Customer and winning Supplier to ensure that they enter into appropriate data processing clauses to cover the processing of this personal data by the Supplier on the Customer’s behalf (where the Customer is the Controller and the Supplier is the Processor). Auto Trader accepts no responsibility for the processing of this personal data by the winning Supplier once the personal data has been transferred from Auto Trader to the winning Supplier in accordance with this clause.

20. Termination or Suspension of Account

    1. We reserve the right to reject, terminate or suspend your account, or otherwise restrict your access to our Platform at any time for any reason and without notice to you.
    2. If your account is rejected, terminated or suspended, or otherwise restricted you may appeal our decision by submitting a written statement stating the reasons why your account should be approved or reinstated. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. We are not obligated to give you any reasoning as to our decision, which shall be final.

21. Applicable Law

    1. These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the English courts.

22. Other Important Terms

    1. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
    2. These terms (and any document referred to by them) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    3. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
    4. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.