www.GADA.com | 65 preceding six months. The dealer may make such a request no more than once every six months. The list must indicate the specific fields of consumer data which were provided to each person. Notwithstanding the foregoing, such a list shall not be required to include: (A) A person to whom consumer data was provided, or the specific consumer data provided to such person, if the person was, at the time such consumer data was provided, a service provider, subcontractor, or consultant acting in the course of performance of services on behalf of or for the benefit of the franchisor, manufacturer, distributor, third party, or dealer, provided that the franchisor, manufacturer, distributor, third party, or dealer has entered into an agreement with such person requiring that such person comply with the safeguard requirements of applicable state and federal law, including, but not limited to, those established in the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq; and (B) A person to whom consumer data was provided, or the specific consumer data provided to such person, if the dealer has previously consented in writing to such person receiving such consumer data and the dealer has not withdrawn such consent in writing; (4) May not require that a dealer grant the franchisor, manufacturer, distributor or a third party acting on behalf of a franchisor, manufacturer, or distributor direct or indirect access to such dealer’s data management system to obtain consumer data. A franchisor, manufacturer, distributor, or third party acting on behalf of a franchisor, manufacturer or distributor must permit a dealer to furnish consumer data in a widely accepted file format, such as comma delimited, and through a third-party vendor selected by the dealer. However, a franchisor, manufacturer, or distributor, or a third party acting on behalf of a franchisor, manufacturer, or distributor may access or obtain consumer data directly from a dealer’s data management system with the express consent of the dealer. The consent must be in the form of a written document that is separate from the parties’ franchise agreement, is executed by the dealer, and may be withdrawn by the dealer upon 30 days’ written notice to the franchisor, manufacturer, or distributor as applicable. For incentive programs beginning on or after July 1, 2019, such consent shall not be required as a condition to a motor vehicle dealer’s participation in an incentive program unless such consent is necessary to obtain consumer data to implement the program; and (5) Shall indemnify the dealer for any third-party claims asserted against or damages incurred by the dealer to the extent caused by access to, use of, or disclosure of consumer data in violation of this section by the franchisor, manufacturer, distributor or a third party to whom the franchisor, manufacturer or distributor has provided consumer data. (b) Nothing contained in this Code section shall limit the ability of the franchisor, the manufacturer, or distributor, to require that the dealer provide, or use in accordance with the law, such customer information related solely to such manufacturer’s or distributor’s own vehicle makes to the extent necessary to do any of the following: (1) Satisfy any safety or recall notice obligations or other legal notice obligations on the part of the manufacturer; (2) Complete the sale and delivery of a new motor vehicle to a customer; (3) Validate and pay customer or dealer incentives; (4) Submit to the franchisor, manufacturer, or distributor claims for any services supplied by the dealer for any claim for warranty parts or repairs; (5) Market analysis; (6) Evaluate sales and service customer satisfaction with the dealer, including surveys; or
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