USA Dealer Power Up Binder - Flipbook - Page 39
18. Communication Authorization. Dealer and Lender each authorizes the other to communicate with the
other in relation to this Agreement or Programs whether via written, facsimile, electronic, or telephonic and
such is not unsolicited communication for the purposes of any state or Federal law.
19. Assignment. Lender may, without the prior written consent of Dealer, assign this Agreement to any
subsidiary or affiliate if such assignment is the result of an internal corporate reorganization and the assignee
has sufficient legal authority, and financial, managerial and operational capacity to perform the assignor’s
obligations hereunder. Dealer is not permitted to assign, transfer, set over, pledge or grant any interest in this
Agreement.
20. Prequalification Program and Applicant Data Sharing. As part of doing business with Lender,
Dealer will receive and have access to a process by which prospective applicants for credit may submit a
request for credit prequalification (“Prequalification Requests”) to Sheffield to determine potential eligibility
for and terms and conditions of financing of Items sold by Dealer through a Program made available to a
Sheffield approved manufacturer (“Manufacturer”). Sheffield will provide its form of application for
Prequalification Requests and review and decisioning of applicant Prequalification Requests, and Dealer will
a) facilitate submission of Prequalification Requests in accordance with the process set forth in the Program
Guidelines, b) receive decisions from Sheffield along with Sheffield NPPI, and contact applicants with
respect to Sheffield’s prequalification decision in order to facilitate consummation of Sheffield loans with
interested applicants, and c) receive Sheffield NPPI from certain approved Manufacturers that partner with
Sheffield.
20.1 Dealer’s Receipt and Use of Applicant Data. Dealer will receive and store Sheffield NPPI in a
secure manner in accordance with the requirements of this Section 20 herein. Dealer may share the
Sheffield NPPI with only those Dealer’s employees with a need to view the Sheffield NPPI in order to
carry out the purpose of this Agreement and in accordance with the permitted uses set forth in this
Section 20.1. Dealer may use the Sheffield NPPI only for the following purposes: i) to communicate to
applicant the applicant’s Prequalification Request status transmitted to Dealer by Sheffield or by a
Sheffield-approved manufacturer; ii) to assist applicants in clearing any conditions which caused
Sheffield to issue an on-hold decision on a Prequalification Request; and ii) to solicit an application
from the related applicant for a Program from Sheffield for the Purchase of the goods identified by
applicant. An approved status for a Prequalification Request issued by Sheffield is valid for thirty (30)
days from the date the approval is transmitted to a Manufacturer (or for such other duration as Sheffield
may specify). Sheffield NPPI may not be shared with any other parties.
20.2 Information Security Requirements. Dealer is responsible for handling all Sheffield NPPI
within the following standards:
20.2.1 Baseline Security Requirement. Dealer will protect the security, confidentiality,
integrity, and availability of Sheffield NPPI through administrative, technical, and physical
safeguards that must comply with Applicable Law and meet or exceed applicable industry
standards. Dealer shall design and implement safeguards based on a risk-based approach that
identifies reasonably foreseeable internal and external risks that could result in a Security
Incident, and that assesses the sufficiency of Dealer’s safeguards in place to control the risks.
Dealer will also comply with Applicable Law with respect to Dealer’s maintenance of and access
to Sheffield NPPI. Dealer will cooperate with reasonable requests from Sheffield for information
regarding Dealer’s information security program including its administrative, technical, and
physical safeguards, training materials, policies and procedures.
20.2.2 Access Controls. Dealer will use effective safeguards to protect against unauthorized
access to nonpublic Sheffield Systems and Sheffield NPPI, including secure authentication
controls, strong password requirements, restriction of access on a need basis, regular review and
Dealer Standards 12-04-22
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