THE DIGITAL FINANCING TERMS AND CONDITIONS (“TERMS”), ARE INCORPORATED BY REFERENCE INTO ALL ORDER FORMS. UNLESS OTHERWISE NOTED, REFERENCES TO THESE “TERMS” SHALL MEAN THESE TERMS, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY ANY ADDENDA (AS DEFINED BELOW), IN ADDITION TO ALL TERMS AND CONDITIONS IN YOUR EXISTING AGREEMENTS WITH CARS.COM AND/OR DEALERINSPIRE.
- Services Provided by CreditIQ:
During the term, CreditIQ shall provide Dealer with the following Services: (a) access to the Platform which will allow Dealer to: (1) designate one or more participating auto finance sources (collectively, the “Finance Sources”) with whom Dealer has an existing relationship for the purpose of submitting credit applications; (2) submit credit applications or related information via the Platform to Dealer’s Finance Sources; and (3) providing Platform support to Dealer in accordance with the Terms. Any additional Services shall be added by Addenda.
- Grant of Permission Regarding Dealer Data
- Data in the Platform will be segregated into two categories: (a) all customer-identifying consumer finance information, credit application, decision, and contract information (“Dealer Data”); and (b) Dealer Data stripped of all personally identifiable information and stripped of any other information determined by CreditIQ from time to time at CreditIQ’s sole discretion (“Anonymous Data”). Dealer grants CreditIQ permission to generate reports on Dealer Data and Anonymous Data accessible by Dealer and Dealer Representatives. The permission to share reports granted herein will continue until the effective date of any termination of these Terms. At any time during the term, Dealer may notify CreditIQ, in writing, not to share Dealer Data or Anonymous Data with Dealer Designees. CreditIQ shall rely on the accuracy of Dealer’s instructions and, unless modified by Dealer in writing, CreditIQ’s records of Dealer’s instructions shall control.
- Dealer also grants CreditIQ permission to access and aggregate Anonymous Data with other dealers’ similar anonymous data for the purposes of generating aggregate reports accessible by all participating Dealers and Finance Sources. Dealer acknowledges and agrees that CreditIQ exercises no independent judgment in whether any credit application will be submitted to a particular Finance Source for consideration, the credit rating assigned to any credit application and/or any other decision made with respect to any credit application and that all such decisions are made solely by the applicable Finance Source and Dealer.
- CreditIQ agrees that it will not use or disclose the Dealer Data received from Dealer except for purposes that are permitted by law, and as authorized by these Terms, and/or necessary to perform its services to Dealer under these Terms.
- Compliance with the Law
Dealer, on its behalf and on behalf of each Dealer Representative and Dealer Administrator, represents, and warrants that it will comply at all times with all applicable federal, state, and local laws, rules and regulations, including but not limited to, all applicable federal, state, and local consumer protection, privacy protection and credit reporting laws, rules and regulations.
- Privacy Laws:
Dealer expressly understands and acknowledges that information communicated via the Platform, including Dealer Data, may include information about Dealer’s customers and consumers which constitutes “Non-Public Personal Information” as such information is defined in Title V of the Federal Gramm-Leach-Bliley Act, the FTC Regulations promulgated pursuant thereto, 16 CFR §313, and any similar state privacy laws or regulations (collectively, the “Privacy Act and Regulations”). Notwithstanding any other provision hereof, neither Dealer nor CreditIQ shall use or disclose any Non-Public Personal Information via the Platform except as permitted by the Privacy Act and Regulations.
- Data Security and Confidential Data handling by Cars and its subsidiaries can be found here:
Data Security and Confidential Data handling representations and warrants by CreditIQ, a Cars, Inc. subsdiary. These terms are incorporated by reference to the Digital Financing Terms and Conditions.
- Data Security by CreditIQ: CreditIQ agrees to maintain commercially reasonable physical, electronic, and procedural controls and safeguards designed to comply with applicable Federal and State laws and regulations to protect the Non-Public Personal Information received from Dealer from unwarranted disclosure. The controls include, but are not limited to, maintaining appropriate safeguards to restrict access to the Non-Public Personal Information received from Dealer to those employees, agents, or service providers of CreditIQ who need such information to carry out the purpose(s) for which the Non-Public Personal Information was disclosed to CreditIQ. For data disclosed in electronic form to CreditIQ, the safeguards also include electronic barriers (e.g., firewalls or similar barriers) and password-protected access to Non-Public Personal Information received from Dealer. For information disclosed in written form, CreditIQ agrees that such safeguards must include secured storage of disclosed Non-Public Personal Information.
- Confidential Information: “Dealer Confidential Information” means Dealer Data and “Other Dealer Information” as hereinafter defined; provided, however, that Anonymous Data shall not be included as part of Dealer Confidential Information or Other Dealer Information. Other Dealer Information means: (a) nonpublic information provided by Dealer to CreditIQ as required by these Terms and/or (b) the Dealer enrollment process to participate in the Platform. “CreditIQ Confidential Information” means all nonpublic information of CreditIQ, including but not limited to all information related to the Platform, the integration of the Platform, any technical specifications, processes, source code, program documentation and Platform training documentation, that is revealed by or through CreditIQ to Dealer which is disclosed in writing or other tangible form; or information in any other form including orally, electronically or any other medium that is retrievable in perceivable format, and which is disclosed in any other manner. Dealer and CreditIQ shall instruct their respective personnel to regard all Dealer Confidential Information and CreditIQ Confidential Information (hereinafter “Confidential Information”) made available to either party by the other as information which is proprietary and confidential and not to be disclosed to any third party without the disclosing party’s written permission, unless such disclosure is expressly provided for under these Terms. Each party agrees to maintain and cause its employees, agents, parent, affiliates, subsidiaries, agents and subcontractors to maintain the terms and conditions of these Terms, including compensation, strictly confidential, and not to disclose same to any third party, except as expressly permitted in writing by the Disclosing Party. Each party agrees that its officers, directors, employees, agents, parent, affiliates, subsidiaries, contractors and subcontractors shall abide by the terms of this paragraph and that the Recipient Party shall be liable for any unauthorized use or disclosure of Confidential Information by any such person.
- If a recipient party is required by law, regulation, subpoena or similar process, or court or governmental agency order or written request to disclose any Confidential Information of the other party, the recipient party shall, prior to any disclosure of such requested information, (to the extent it is not legally prohibited from so doing) give prompt written notice to the disclosing party, in order to allow the disclosing party to seek a protective order or similar remedy prior to the recipient party’s disclosure of such information. In the event that such protective order or other remedy is not obtained, the recipient party shall furnish only that portion of the other’s Confidential Information which it is advised by its counsel is legally required and, if so requested by the disclosing party, shall, at the expense of the disclosing party, exercise reasonable efforts to obtain a protective order or other reliable assurance that confidential treatment will be accorded to such Confidential Information.
- The obligations under this Section shall survive the termination of these Terms for a period of two (2) years following such termination. A recipient party shall have no obligation with respect to any information which: (a) was in the recipient party’s possession before it was acquired from the disclosing party; (b) is or becomes a matter of public knowledge through no fault of the recipient party; or (c) is rightfully received by the recipient party from a rightfully possessing third party without a duty of confidentiality.
Effective: December 22, 2021