Terms Used In Arizona Laws > Title 28 > Chapter 10 > Article 10 - Protected Data

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Authorized Integrator: means a third party with whom a dealer enters into a contractual relationship to perform a specific function for a dealer 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 Arizona Laws 28-4651
• Contract: A legal written agreement that becomes binding when signed.
• Cyber ransom: means to encrypt, restrict or prohibit or threaten or attempt to encrypt, restrict or prohibit a dealer's or a dealer's authorized integrator's access to protected dealer data for monetary gain. See Arizona Laws 28-4651
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
• Dealer data vendor: means a dealer management system provider, consumer relationship management system provider or other vendor providing similar services that permissibly stores protected dealer data pursuant to a contract with the dealer. See Arizona Laws 28-4651
• 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.
• Fee: means a charge for allowing access to protected dealer data beyond any direct costs incurred by the dealer data vendor in providing protected dealer data access to an authorized integrator or allowing an authorized integrator to write data to a dealer data system. See Arizona Laws 28-4651
• Franchise: means a contract between two or more persons if all of the following conditions are included:

  (a) A commercial relationship of definite duration or continuing indefinite duration is involved. See Arizona Laws 28-4301

• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Manufacturer: means any person who either:

  (a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301

• Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
• New motor vehicle: means a motor vehicle, other than a used motor vehicle, that is held either for:

  (a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle. See Arizona Laws 28-4301

• 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.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Prior express written consent: means the dealer's express written consent that is contained in a document separate from any other consent, contract, franchise agreement or other writing and that contains:

  (a) The dealer's consent to the data sharing and identification of all parties with whom the data may be shared. See Arizona Laws 28-4651

• Protected dealer data: means any:

  (a) Personal, financial or other data relating to a consumer that a consumer provides to a dealer or that a dealer otherwise obtains and that is stored in the dealer's dealer data system. See Arizona Laws 28-4651

• Service: means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor. See Arizona Laws 28-4301
• Star standards: means the current, applicable security standards published by the standards for technology in automotive retail. See Arizona Laws 28-4651
• State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
• Used motor vehicle: means a motor vehicle that has been sold, bargained, exchanged or given away or the title to the motor vehicle has been transferred from the person who first acquired the vehicle from the manufacturer, or importer, dealer or agent of the manufacturer or importer, and that has been placed in bona fide consumer use. See Arizona Laws 28-4301
• Writing: includes printing. See Arizona Laws 1-215