ACV Auctions Inc. has updated the Data Privacy Terms of the Widget and Managed Services Terms and Conditions. Section8(c) of the Widget Managed Terms and Conditions is replaced in its entirety with the following:
(c) Ownership of Information and Use of Data.
(c) Ownership of Information and Use of Data.
- Client owns all of its customer data that is attributable to Client’s dealership(s).Client agrees on a monthly basis to disclose to ACV purchase data regarding vehicles sold by consumers to Client as a result of the Services. ACV will not sell such data to any third party. However, ACV shall have the right to use such data for internal purposes, and may use such data in an aggregated form in furtherance of ACV’s products and services, provided such data is not attributable to or identifiable as Client’s data. ACV may also use data that is publicly available, including data client displays on its websites, for any purpose and without limitation.
- In connection with ACV’s performance of Services under these WMS Terms and Conditions, the Parties agree to the data privacy terms below (“DataPrivacy Terms”). ACV may from time to time update the Data PrivacyTerms to address changes to existing or newly enacted consumer privacy laws and/or otherwise as ACV deems necessary to comply with applicable consumer privacy laws, in which case, ACV will post any updates to the Data PrivacyTerms at https://www.acvauctions.com/data-processing-terms. Such updated DataPrivacy Terms will become binding on the Parties when posted. Client agrees to periodically consult the aforementioned site for the purpose of receiving such updates.
ACV and Client acknowledge and agree thatACV may collect, access, maintain, use, process and transfer ConsumerInformation, including personal information, to perform ACV’s obligations under these WMS Terms and Conditions and otherwise consistent with ACV’s Privacy Policy.In furtherance of the foregoing, ACV and its affiliates may use ConsumerInformation for their internal business purposes, including in connection with their products and services, so long as any personal information is aggregated, de-identified or otherwise anonymized such that it does not identify any particular individual. To the extent applicable, each party shall be responsible for its own compliance with any consumer privacy laws related to the collection, use and disclosure of Consumer Information collected pursuant to these WMS Terms and Conditions, including, but not limited to (a) requests from a data subject to exercise his or her rights under said laws; and (b) any complaint, notice or other communication from a data subject or government authority or judicial body which relates to the processing of Consumer Information.
