Utah Code > Title 13 > Chapter 73 > Part 2 – Data Protection Regulations


§ 13-73-201	Data submissions to franchisors or third parties
§ 13-73-202	Service provider contracts — Franchisors and third parties — Prohibitions — Requirements
§ 13-73-203	Dealer data vendors — Authorized integrators — Requirements

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Terms Used In Utah Code > Title 13 > Chapter 73 > Part 2 - Data Protection Regulations

Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
Affordable housing: means housing owned or occupied by a low or moderate income family, as determined by resolution of the agency. See Utah Code 17C-1-102
Agency funds: means money that an agency collects or receives for agency operations, implementing a project area plan or an implementation plan as defined in Section 17C-1-1001, or other agency purposes, including:
     (5)(a) project area funds;
     (5)(b) income, proceeds, revenue, or property derived from or held in connection with the agency's undertaking and implementation of project area development or agency-wide project development as defined in Section 17C-1-1001;
     (5)(c) a contribution, loan, grant, or other financial assistance from any public or private source;
     (5)(d) project area incremental revenue as defined in Section 17C-1-1001; or
     (5)(e) property tax revenue as defined in Section 17C-1-1001. See Utah Code 17C-1-102
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
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
Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
     (9)(a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
     (9)(b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:
          (9)(b)(i) before the date on which the taxing entity committee approves the project area budget; or
          (9)(b)(ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
     (9)(c) for a project on an inactive airport site, after the later of:
          (9)(c)(i) the date on which the inactive airport site is sold for remediation and development; or
          (9)(c)(ii) the date on which the airport that operated on the inactive airport site ceased operations; or
     (9)(d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Closed military base: means land within a former military base that the Defense Base Closure and Realignment Commission has voted to close or realign when that action has been sustained by the president of the United States and Congress. See Utah Code 17C-1-102
Community: means a county or municipality. See Utah Code 17C-1-102
Community development project area plan: means a project area plan adopted under Chapter 4, Part 1, Community Development Project Area Plan. See Utah Code 17C-1-102
Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102
Community reinvestment project area plan: means a project area plan adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan. See Utah Code 17C-1-102
Contest: means to file a written complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, and in a county in which the agency is located if the action is filed in the district court. See Utah Code 17C-1-102
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.
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
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
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Dependent: A person dependent for support upon another.
Dependent: means the spouse and children of a service member or any other individual dependent upon the service member for support. See Utah Code 39A-6-101
Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
Economic development project area plan: means a project area plan adopted under Chapter 3, Part 1, Economic Development Project Area Plan. See Utah Code 17C-1-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fair share ratio: means the ratio derived by:
(24)(a) for a municipality, comparing the percentage of all housing units within the municipality that are publicly subsidized income targeted housing units to the percentage of all housing units within the county in which the municipality is located that are publicly subsidized income targeted housing units; or
(24)(b) for the unincorporated part of a county, comparing the percentage of all housing units within the unincorporated county that are publicly subsidized income targeted housing units to the percentage of all housing units within the whole county that are publicly subsidized income targeted housing units. See Utah Code 17C-1-102
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
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
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
Housing fund: means a fund created by an agency for purposes described in Section 17C-1-411 or 17C-1-412 that is comprised of:
(29)(a) project area funds, project area incremental revenue as defined in Section 17C-1-1001, or property tax revenue as defined in Section 17C-1-1001 allocated for the purposes described in Section 17C-1-411; or
(29)(b) an agency's housing allocation. See Utah Code 17C-1-102
Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102
Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102
Income targeted housing: means housing that is:
(32)(a) owned and occupied by a family whose annual income is at or below 120% of the median annual income for a family within the county in which the housing is located; or
(32)(b) occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102
Incremental value: means a figure derived by multiplying the marginal value of the property located within a project area on which tax increment is collected by a number that represents the adjusted tax increment from that project area that is paid to the agency. See Utah Code 17C-1-102
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}
Interest: includes service charges, renewal charges, fees, or any other charges in respect to any obligation or liability. See Utah Code 39A-6-101
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
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Lien: A claim against real or personal property in satisfaction of a debt.
Loan fund board: means the Olene Walker Housing Loan Fund Board, established under Title 35A, Chapter 8, Part 5, Olene Walker Housing Loan Fund. See Utah Code 17C-1-102
Local government building: means a building owned and operated by a community for the primary purpose of providing one or more primary community functions, including:
          (35)(a)(i) a fire station;
          (35)(a)(ii) a police station;
          (35)(a)(iii) a city hall; or
          (35)(a)(iv) a court or other judicial building. See Utah Code 17C-1-102
Major transit investment corridor: means the same as that term is defined in Section 10-9a-103. See Utah Code 17C-1-102
Manufacturer: means a manufacturer of new motor vehicles. See Utah Code 13-73-101
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipality: means a cityor town. See Utah Code 17C-1-102
National Guard: means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV. See Utah Code 39A-1-102
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.
Other generally accepted standards: means security standards that are at least as comprehensive as STAR standards. See Utah Code 13-73-101
Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
Participation agreement: means a written agreement between a person and an agency under Subsection 17C-1-202(5). See Utah Code 17C-1-102
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
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Plaintiff: The person who files the complaint in a civil lawsuit.
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
Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
     (47)(a) for an urban renewal project area, Section 17C-2-201;
     (47)(b) for an economic development project area, Section 17C-3-201;
     (47)(c) for a community development project area, Section 17C-4-204; or
     (47)(d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
     (48)(a) promoting, creating, or retaining public or private jobs within the state or a community;
     (48)(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
     (48)(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
     (48)(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
     (48)(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
     (48)(f) providing open space, including streets or other public grounds or space around buildings;
     (48)(g) providing public or private buildings, infrastructure, structures, or improvements;
     (48)(h) relocating a business;
     (48)(i) improving public or private recreation areas or other public grounds;
     (48)(j) eliminating a development impediment or the causes of a development impediment;
     (48)(k) redevelopment as defined under the law in effect before May 1, 2006; or
     (48)(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
Project area funds collection period: means the period of time that:
(50)(a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
(50)(b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
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
Public entity: means :
     (53)(a) the United States, including an agency of the United States;
     (53)(b) the state, including any of the state's departments or agencies; or
     (53)(c) a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102
Publicly owned infrastructure and improvements: means water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or other facilities, infrastructure, and improvements benefitting the public and to be publicly owned or publicly maintained or operated. See Utah Code 17C-1-102
Quorum: The number of legislators that must be present to do business.
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
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Sales and use tax revenue: means revenue that is:
(56)(a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and
(56)(b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102
Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
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
State military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
Statute: A law passed by a legislature.
Tax increment: means the difference between:
(61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
(61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
Taxable value: means :
     (60)(a) the taxable value of all real property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, for the current year;
     (60)(b) the taxable value of all real and personal property the commission assesses in accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
     (60)(c) the year end taxable value of all personal property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102
Taxing entity: means a public entity that:
(62)(a) levies a tax on property located within a project area; or
(62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
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
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
Urban renewal project area plan: means a project area plan adopted under Chapter 2, Part 1, Urban Renewal Project Area Plan. See Utah Code 17C-1-102
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
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