Terms Used In Utah Code > Title 11 > Chapter 42 > Part 7 - Guaranty and Reserve Funds

• 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
• Assessment bonds: means bonds that are:
       (3)(a) issued under Section 11-42-605; and
       (3)(b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
• Assessment fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102
• 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
• Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
• Consumer data: means non-public personal information defined in Utah Code 13-73-101
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Department: means the Department of Commerce. See Utah Code 13-72-101
• Director: means the director of the office. See Utah Code 13-72-101
• 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
• 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.
• Governing body: means :
       (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
       (22)(b) for a special district, the board of trustees of the special district;
       (22)(c) for a special service district:

            (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

            (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
       (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
       (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
       (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
• Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102
• 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}
• Jurisdictional boundaries: means :
       (30)(a) for a county, the boundaries of the unincorporated area of the county; and
       (30)(b) for each other local entity, the boundaries of the local entity. See Utah Code 11-42-102
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local entity: means :
       (31)(a) a county, city, town, special service district, or special district;
       (31)(b) an interlocal entity as defined in Section 11-13-103;
       (31)(c) the military installation development authority, created in Section 63H-1-201;
       (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
       (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
       (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
• Manufacturer: means a manufacturer of new motor vehicles. See Utah Code 13-73-101
• 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
• Other generally accepted standards: means security standards that are at least as comprehensive as STAR standards. See Utah Code 13-73-101
• Participant: means a person that is accepted to participate in the learning laboratory. See Utah Code 13-72-101
• 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
• Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102
• 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
• Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
• 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
• Refunding assessment bonds: means assessment bonds that a local entity issues under Section 11-42-607 to refund, in part or in whole, assessment bonds. See Utah Code 11-42-102
• 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
• 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
• Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
• 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
• 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
• 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
• 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
• 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