Terms Used In Utah Code > Title 4 > Chapter 30 - Livestock Markets

• Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101
• advertising: means information provided by a person in any medium:
       (2)(a) to the public; and
       (2)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 4-41a-102
• Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 4-41a-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person that applies for participation in the regulatory learning laboratory. See Utah Code 13-72-101
• Artificial intelligence: means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. See Utah Code 13-72-101
• Artificial intelligence technology: means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence. See Utah Code 13-72-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 13-68-101
• Authorized integrator: means a third party with whom a franchisee enters into a contract to perform a specific function for a franchisee that allows the third party to access protected dealer data or to write data to a dealer data system, or both, to carry out the specified function. See Utah Code 13-73-101
• Automatic renewal provision: means a provision under a contract that is automatically renewed at the end of a definite, paid term for a subsequent, paid term that is longer than 45 days. See Utah Code 13-70-101
• Automatic renewal provision: means a provision under which a service contract is renewed for one or more specified periods if:
       (1)(a) the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract; and
       (1)(b) the renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract. See Utah Code 15-10-102
• board: means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section Utah Code 4-41a-102
• Boycotted company: means a company that:
       (1)(a) engages in, facilitates, or supports the manufacture, import, distribution, advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of a firearm or ammunition; or
       (1)(b) does not meet or commit to meet:

            (1)(b)(i) environmental, social, or governance criteria in that the company engages in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or nuclear energy, timber, mining, or agriculture; or

            (1)(b)(ii) environmental standards, including standards for eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements. See Utah Code 13-66-101
• Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other legal entity that is:
       (1)(a) used to carry on a business for profit; and
       (1)(b) a participant in the sandbox. See Utah Code 13-69-101
• Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Cannabis cultivation facility: means a person that:
       (10)(a) possesses cannabis;
       (10)(b) grows or intends to grow cannabis; and
       (10)(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. See Utah Code 4-41a-102
• Cannabis processing facility: means a person that:
       (14)(a) acquires or intends to acquire cannabis from a cannabis production establishment;
       (14)(b) possesses cannabis with the intent to manufacture a cannabis product;
       (14)(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
       (14)(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102
• Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Client: means a person that is provided lawyer referral services by a lawyer referral consultant. See Utah Code 13-68-101
• Commercial email: means an email used primarily to:
       (2)(a) advertise or promote a commercial website, product, or service; or
       (2)(b) solicit money, property, or personal information. See Utah Code 13-65-101
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 4-41a-102
• Company: includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (2)(a). See Utah Code 13-66-101
• Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
       (3)(a) services;
       (3)(b) personal or real property; or
       (3)(c) another thing of value. See Utah Code 13-68-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: includes a representative of an association subject to:
            (3)(b)(i) Title 57, Chapter 8, Condominium Ownership Act; or
            (3)(b)(ii) Title 57, Chapter 8a, Community Association Act. See Utah Code 15-10-102
• Consumer data: means non-public personal information defined in Utah Code 13-73-101
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court rule: means rules of procedure, evidence, or practice for use of the courts of this state. See Utah Code 13-69-101
• Covered vehicle: means a vehicle that is covered under a vehicle value protection agreement. See Utah Code 13-64-101
• Cyber ransom: means to encrypt, restrict, or prohibit, or to threaten or attempt to encrypt, restrict, or prohibit a franchisee's or a franchisee's authorized integrator's access to protected dealer data or other dealer data to obtain payment not agreed to by the franchisee or the franchisee's authorized integrator in a written contract for services or goods. See Utah Code 13-73-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer data system: means a software, hardware, or firmware system that is owned, leased, or licensed by a franchisee, that includes a system of web-based applications, computer software, or computer hardware, whether located at the franchisee's dealership or hosted remotely, and that stores or provides access to protected dealer data. See Utah Code 13-73-101
• Dealer data vendor: means a third party dealer management system provider, consumer relationship management system provider, or third party vendor providing similar services that store protected dealer data pursuant to a contract with the franchisee. See Utah Code 13-73-101
• Dealership: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
• Department: means the Department of Commerce. See Utah Code 13-72-101
• Digital marketing service: means an Internet-based company that:
       (4)(a) advertises legal services on behalf of a law firm; and
       (4)(b) does not contact prospective clients individually. See Utah Code 13-68-101
• Director: means the director of the office. See Utah Code 13-72-101
• Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-64-101
• Division: means the Division of Consumer Protection. See Utah Code 13-65-101
• Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-68-101
• Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-70-101
• Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Utah Code 13-65-101
• Electronic mail service provider: means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. See Utah Code 13-65-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the Department of Commerce. See Utah Code 13-72-101
• Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102
• Fee: means payment for access to protected dealer data which is in addition to charges written in an executed contract for goods or services. See Utah Code 13-73-101
• Fiduciary: A trustee, executor, or administrator.
• Franchisee: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
• Franchisor: means the same as that term is defined in Section 13-14-102. See Utah Code 13-73-101
• Fraud: Intentional deception resulting in injury to another.
• Header information: means information attached to an email, including:
       (6)(a) the originating domain name;
       (6)(b) the originating email address;
       (6)(c) the destination;
       (6)(d) the routing information; and
       (6)(e) any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101
• Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
• Initiate: means an act of:
       (7)(a) originating, transmitting, or sending commercial email; or
       (7)(b) promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
• Initiator: means a person who:
            (8)(a)(i) originates, transmits, or sends commercial email; or
            (8)(a)(ii) promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Law firm: means an entity consisting of one or more licensed lawyers lawfully engaged in the practice of law. See Utah Code 13-68-101
• Lawyer referral consultant: means an individual that engages in lawyer referral service. See Utah Code 13-68-101
• Lawyer referral service: means assisting a person to find an attorney or law firm that provides legal services in the legal field appropriate for the person's legal matter. See Utah Code 13-68-101
• Learning agenda: means the areas of artificial intelligence applications, risks, and policy considerations selected by the office for focus by the learning laboratory. See Utah Code 13-72-101
• Learning laboratory: means the artificial intelligence analysis and research program created in Section 13-72-301. See Utah Code 13-72-101
• Legal services: means any form of legal advice or legal representation that is subject to the laws of this state. See Utah Code 13-68-101
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
• Manufacturer: means a manufacturer of new motor vehicles. See Utah Code 13-73-101
• Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Medical cannabis courier: means a courier that:
       (34)(a) the department licenses in accordance with Section 4-41a-1201; and
       (34)(b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
• Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Medical cannabis treatment: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Medicinal dosage form: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of Artificial Intelligence Policy created in Section 13-74-201. See Utah Code 13-72-101
• Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
• Other generally accepted standards: means security standards that are at least as comprehensive as STAR standards. See Utah Code 13-73-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Participant: means a business entity or a business entity's officer, director, partner, or employee that provides legal services under the sandbox:
       (4)(a) to a person other than the business entity; and
       (4)(b) for the business entity's profit. See Utah Code 13-69-101
• Participant: means a person that is accepted to participate in the learning laboratory. See Utah Code 13-72-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Preliminary period: means a time period that:
       (7)(a) begins the day on which the vehicle value protection agreement becomes effective; and
       (7)(b) ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund. See Utah Code 13-64-101
• Prior express written consent: means a franchisee's express written consent to protected dealer data sharing that:
       (13)(a) is in a document separate from any other:

            (13)(a)(i) consent;

            (13)(a)(ii) contract;

            (13)(a)(iii) franchise agreement; or

            (13)(a)(iv) writing;
       (13)(b) identifies all parties with whom the protected dealer data may be shared; and
       (13)(c) contains:

            (13)(c)(i) all details that the franchisee requires relating to the scope and nature of the protected dealer data to be shared, including the data fields and the duration for which the sharing is authorized; and

            (13)(c)(ii) all provisions and restrictions that are required under federal law to allow sharing the protected dealer data. See Utah Code 13-73-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected dealer data: means :
            (14)(a)(i) consumer data that:

                 (14)(a)(i)(A)

                      (14)(a)(i)(A)(I) a consumer provides to a franchisee; or

                      (14)(a)(i)(A)(II) a franchisee otherwise obtains; and

                 (14)(a)(i)(B) is stored in the franchisee's dealer data system;
            (14)(a)(ii) other data that relates to a franchisee's daily business operations and is stored in the franchisee's dealer data system; and
            (14)(a)(iii) motor vehicle diagnostic data. See Utah Code 13-73-101
• Provider: means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement. See Utah Code 13-64-101
• Purchaser: means a person who purchases a benefit from another person under a vehicle value protection agreement. See Utah Code 13-64-101
• Qualified Production Enterprise Fund: means the fund created in Section 4-41a-104. See Utah Code 4-41a-102
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
• Regulatory mitigation: means :
       (12)(a) when restitution to users may be required;
       (12)(b) terms and conditions related to any cure period before penalties may be assessed;
       (12)(c) any reduced civil fines during the participation term; and
       (12)(d) other terms tailored to identified issues of the artificial intelligence technology. See Utah Code 13-72-101
• Regulatory mitigation agreement: means an agreement between a participant, the office, and relevant state agencies described in Section 13-72-302. See Utah Code 13-72-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rental agreement: means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use or occupancy of real property for residential or commercial purposes. See Utah Code 13-70-101
• Required manufacturer data: means data that:
            (15)(a)(i) a manufacturer is required to obtain under federal or state law;
            (15)(a)(ii) is required to complete or verify a transaction between the franchisee and the manufacturer;
            (15)(a)(iii) is motor vehicle diagnostic data; or
            (15)(a)(iv) is reasonably necessary for:

                 (15)(a)(iv)(A) a safety notice, recall notice, manufacturer field action, or other legal notice obligation relating to the repair, service, and update of a motor vehicle;

                 (15)(a)(iv)(B) the sale and delivery of a new motor vehicle or certified used motor vehicle to a consumer, including necessary data for the vehicle manufacturer to activate services purchased by the consumer;

                 (15)(a)(iv)(C) the validation and payment of consumer or franchisee incentives;

                 (15)(a)(iv)(D) claims for franchisee-supplied services relating to warranty parts or repairs;

                 (15)(a)(iv)(E) the evaluation of franchisee performance, including the evaluation of the franchisee's monthly financial statements and sales or service, consumer satisfaction with the franchisee through direct consumer contact, or consumer surveys;

                 (15)(a)(iv)(F) franchisee and market analytics;

                 (15)(a)(iv)(G) the identification of the franchisee that sold or leased a specific motor vehicle and the date of the transaction;

                 (15)(a)(iv)(H) marketing purposes designed for the benefit of franchisees, or to direct leads to the franchisee providing the dealer protected data to the franchisor;

                 (15)(a)(iv)(I) the development, evaluation, or improvement of the manufacturer's products or services; or

                 (15)(a)(iv)(J) the daily operational interactions of the franchisee with the manufacturer or other franchisees through applications hosted on the manufacturer's dealer electronic communications system. See Utah Code 13-73-101
• Research university: means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:
       (48)(a) is accredited by the Northwest Commission on Colleges and Universities;
       (48)(b) grants doctoral degrees; and
       (48)(c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4. See Utah Code 4-41a-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Routine conveyance: means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. See Utah Code 13-65-101
• Sandbox: means the regulatory sandbox program established by the Utah Supreme Court for authorizing nontraditional legal service providers to practice law on a limited and temporary basis under Utah Supreme Court Rule of Professional Practice 14-802. See Utah Code 13-69-101
• Security: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101
• Seller: means a person providing service, maintenance, or repair under a service contract. See Utah Code 15-10-102
• Service contract: means a contract for service, maintenance, or repair:
            (5)(a)(i) in connection with real property; or
            (5)(a)(ii) that provides a benefit to the real property. See Utah Code 15-10-102
• Service of process: The service of writs or summonses to the appropriate party.
• Service provider: means a person that processes protected dealer data on behalf of a franchisee and that receives, from or on behalf of the franchisee, consumer protected dealer data for a business purpose pursuant to a written contract, if the contract prohibits the person from:
       (16)(a) selling or sharing the protected dealer data;
       (16)(b) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract for the franchisee, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract with the franchisee, or as permitted under this title;
       (16)(c) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the service provider and the franchisee; or
       (16)(d) combining the protected dealer data that the service provider receives from, or on behalf of, the franchisee with personal information that the service provider receives from, or on behalf of, another person or persons, or collects from the service provider's own interaction with the consumer. See Utah Code 13-73-101
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• STAR standards: means the current, applicable security standards published by the Standards for Technology in Automotive Retail. See Utah Code 13-73-101
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Third party: includes :
            (18)(b)(i) a service provider;
            (18)(b)(ii) a vendor, including a dealer data vendor and authorized integrator;
            (18)(b)(iii) a manufacturer acting in the capacity of a vendor, service provider, or dealer data vendor; or
            (18)(b)(iv) an affiliate of a manufacturer described in Subsection (18)(b)(iii). See Utah Code 13-73-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial period offer: means an offer to provide a period of time to sample or use a product or service without payment. See Utah Code 13-70-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unreasonable restriction: means :
       (20)(a) an unreasonable limitation or condition on the scope or nature of the data that is shared with an authorized integrator;
       (20)(b) an unreasonable limitation or condition on the ability of an authorized integrator to write data to a dealer data system;
       (20)(c) an unreasonable limitation or condition on a third party that accesses or shares protected dealer data or that writes data to a dealer data system;
       (20)(d) requiring unreasonable access to a franchisor's or a third party's sensitive, competitive, or other confidential business information as a condition for accessing protected dealer data or sharing protected dealer data with an authorized integrator;
       (20)(e) prohibiting or limiting a franchisee's ability to store, copy, securely share, or use protected dealer data outside of the dealer data system in any manner or for any reason; or
       (20)(f) allowing access to, or accessing protected dealer data without, the franchisee's prior express written consent. See Utah Code 13-73-101
• Unsolicited commercial email: means a commercial email sent by an advertiser to a recipient that:
       (12)(a) has not provided direct consent to the advertiser to receive the commercial email; and
       (12)(b) does not have a preexisting or current relationship with the advertiser. See Utah Code 13-65-101
• Utah email address: means an email address that :
       (13)(a) is provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state;
       (13)(b) is ordinarily accessed from a computer located in this state;
       (13)(c) is provided to an individual who is currently a resident of this state; or
       (13)(d) results in delivery of an email to a server in Utah. See Utah Code 13-65-101
• Vehicle: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101
• Vehicle value protection agreement: includes :
            (12)(b)(i) a vehicle trade-in agreement;
            (12)(b)(ii) a vehicle diminished value agreement;
            (12)(b)(iii) a vehicle cash down payment protection agreement; and
            (12)(b)(iv) a vehicle depreciation benefit agreement. See Utah Code 13-64-101
• Vendor: means a person to whom a franchisee makes available protected dealer data for a business purpose, pursuant to a written contract with the franchisee, if the contract:
       (19)(a) prohibits the vendor from:

            (19)(a)(i) selling or sharing the protected dealer data;

            (19)(a)(ii) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract, or as otherwise permitted under this title;

            (19)(a)(iii) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the vendor and the franchisee; and

            (19)(a)(iv) combining the protected dealer data that the vendor receives pursuant to a written contract with the franchisee with personal information that the vendor receives from or on behalf of another person or persons, or collects from the vendor's own interaction with the consumer;
       (19)(b) includes a certification made by the vendor that the vendor understands the restrictions in Subsection (19)(a)(i) and will comply with the restrictions; and
       (19)(c) permits, subject to agreement with the vendor, the franchisee to monitor the vendor's compliance with the contract through measures, including ongoing manual reviews, automated scans, regular assessments, audits, or other technical and operational testing at least once every 12 months. See Utah Code 13-73-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5