Before downloading the Guidance, please agree to the Disclaimer below.
By requesting and accepting an electronic copy of portions of the NADA Guidance Document "Service Provider Dealer Data Access Addendum" (the “Addendum”), the NADA member agrees that:
NADA has prepared these guidance materials to assist its dealer members in meeting their legal obligations with respect to data privacy and security. The presentation of this information is not intended to encourage concerted action among competitors or any other action on the part of dealers that would in any manner fix or stabilize the price or any element of the price of any good or service.
NADA provides the Addendum as a compliance tool and NOTHING IN THE ADDENDUM IS INTENDED TO BE LEGAL ADVICE. The Addendum may not be appropriate in all circumstances, and it should be used only as a guide – dealers should consult with their counsel in deciding whether to adopt the Addendum in whole or in part, or whether to amend or edit the Addendum accordingly. The regulatory and other implications of data privacy and security are complex and the circumstances of each dealership and each service provider relationship are varied. In addition, the Addendum does not address all terms or contract provisions that may be relevant to data privacy or security, or various other federal obligations that may be relevant depending on the nature of the services provided. It also does not discuss state or local law that may impose additional requirements, or other legal requirements that may be implicated by the subject matter. It is essential that the Addendum or any version thereof that the dealer adopts is appropriate to its business and reviewed by qualified legal counsel. It is up to each NADA Member to decide whether to adopt the Addendum, and if adopted, the NADA Member is solely responsible for the contents of that program. NADA is not responsible for any amendments, edits, or changes to the Addendum.
Adoption of the Addendum or any portion of it has not been recognized by any federal agency as satisfying the federal privacy or data security requirements or any other law. The Addendum is provided "as is" with no warranties of any kind. NADA does not warrant or guarantee the accuracy, completeness, availability, merchantability, fitness for a particular purpose, or noninfringement of the content of the Addendum and disclaims responsibility for any damages arising out of its use.
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