Fillable Printable Dealership Access Agreement
Fillable Printable Dealership Access Agreement
Dealership Access Agreement
Dealership Access Agreement Rev. 10/16
This agreement is between the State of Minnesota, acting through its Department of Public Safety (hereinafter "STATE"), and
an owner or an officer of
licensed Minnesota dealership (hereinafter “DEALERSHIP"), assigned dealer number
.
I understand by signing this document I agree to the following terms and conditions to gain access to the STATE's
Driver and Vehicle Services Division (hereinafter "DVS") record information system for a Minnesota DEALERSHIP.
, a
1. Access to the DVS record information system is restricted to DEALERSHIP personnel who need access to perform
their DEALERSHIP duties.
2. The DVS data obtained by the DEALERSHIP will not be used for personal or non-dealership purposes. The DVS
data obtained by the DEALERSHIP will only be used in the normal course of DEALERSHIP business to verify the
accuracy of personal information submitted by an individual for the purchase or sale of a motor vehicle, or to prevent
fraud (exemption 3a. and 3b. USC title 18, section 2721).
The DEALERSHIP will require each individual who accesses DVS data to sign a Dealership Individual User
Agreement which specifies usage and dissemination of the STATE data.
3. The DEALERSHIP is responsible for training all individuals of the proper use and dissemination of DVS data.
4. The DEALERSHIP will request from the STATE the type of access the individual needs to perform their
DEALERSHIP duties.
5. The DEALERSHIP will notify the STATE within three (3) days when an individual has left the DEALERSHIP, so the
access is disabled by DVS.
6. The DEALERSHIP understands each individual is assigned their own username by the STATE, and the individual's
usernames and password will not be shared with anyone, including other employees or their supervisors.
7. The DEALERSHIP understands improper use or release of the DVS data may result in loss of access as well as
possible civil penalties under both state and federal laws.
8. Information Security
The DEALERSHIP is required to secure and protect the DVS data requested in this application. Respond to the
questions below to indicate how information security will be maintained:
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a. How will electronic/paper copies of records be securely stored?
b. What type of security do you use for your online computer terminals?
c. How will you manage access by your users and audit their usage?
d. What is the authentication method used to access online computer terminal(s)?
DEALERSHIP ACCESS AGREEMENT
445 Minnesota St., Saint Paul, MN 55101
Phone: (651) 201-7775 TTY: (651) 282-6555
Fax: (651) 797-1205
dvs.dps.mn.gov
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES DIVISION
Dealership Access Agreement Rev. 10/16
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9. Liability
The DEALERSHIP will indemnify, save, and hold the STATE, its agents, and employees harmless from any claims
or causes of action, including attorney's fees incurred, arising from the performance of this agreement by the
DEALERSHIP or the DEALERSHIP's agents or employees. This clause will not be construed to bar any legal
remedies the DEALERSHIP may have for the STATE's failure to fulfill its obligations under this agreement.
10. Government Data Practices
The DEALERSHIP and STATE must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13
and US Code title 18 § 2721, as they apply to all data provided by the STATE under this agreement, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the DEALERSHIP
under this agreement. The civil remedies of Minn. Stat. § 13.08 and 13.09, and US Code title 18 § 2721 apply to the
release of the data referred to in this clause by either the DEALERSHIP or the STATE.
11. Audits
The STATE maintains an electronic log of data accessed through the DVS record information system. This
electronic log includes, in part, the user name, date, time, IP address, and the data queried.
The DEALERSHIP must maintain a record to verify work-related queries. This record must be maintained for at least
five (5) years from the date of the inquiry and must be presented to the STATE upon request.
Inspection of Records: The DEALERSHIP’s place of business shall be available within a reasonable period of time
for an electronic or manual audit of records upon request from the STATE or its representative. The DEALERSHIP
understands that failure to respond to an audit report request with findings may result in suspension or cancellation
of the DEALERSHIP’s access.
Audits will be conducted at the DEALERSHIP‘s expense.
12. Termination
The STATE or the DEALERSHIP may terminate this agreement at any time, with or without cause, upon written
notice to the other party.
13. Delegation of Dealership Data Use Representative (DUR)
The DUR is the only person from whom DVS will accept changes.
DUR Responsibilities:
■ Verify the identity of the user via a current state issued ID card or driver’s license
■ Provide the new user with training on the proper use and dissemination of DVS data
■ Have new user read and complete Dealership Individual User Agreement and request access appropriate
for job duties
■ Stress to users that access is for work related purposes only
■ Provide the new user with the username assigned and the link to the records access system
access due to assignment change or is no longer employed
DUR Attestation:
I attest that I have read and understand my responsibilities as Data Use Representative (DUR).
Signature
Date
Phone NumberEmail
DUR Full Name (please print or type)
Please attach a legible copy of your current state issued DL or ID card to verify your identity.
Without a copy of your DL or ID card, DVS is unable to provide you access to the records access system.
Dealership Access Agreement Rev. 10/16
DEALERSHIP OWNER/OFFICER STATE
I, the undersigned as an authorized representative of the DEALERSHIP, agree by signing this document the information
provided is correct, and I agree to the terms and conditions for use of DVS data as defined in Exhibit A and Exhibit B, which
are attached and incorporated into this agreement by reference. The DEALERSHIP must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Chapter 13, and U.S. Code Title 18 § 2721, as they apply to all data provided by
the STATE under this agreement. The DEALERSHIP will indemnify, save, and hold the STATE and its agents and
employees, harmless from any claims or causes of action, including attorney`s fees incurred, arising from the performance of
this agreement by the DEALERSHIP or the DEALERSHIP`s agents, employees or customers. The civil remedies of Minn.
Stat. § 13.08 and § 13.09, and U.S. Code Title 18 § 2721, apply to the release of the data referred to in the clause by either
the DEALERSHIP or STATE.
Signature:
Printed Name:
Title (no acronyms):
Date:
Email:
Phone Number:
Signature:
Printed Name:
Date:
Title (no acronyms):
Email:
Phone Number:
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PLEASE RETURN COMPLETED FORM TO DVS:
Email to [email protected]
or fax to (651) 797-1205
Dealership Access Agreement Rev. 10/16
Exhibit A
Access to Driver License and Motor Vehicle records is governed by Minnesota Statutes Sections
168.346, 171.12 Subd. 7 and 171.12 Subd. 7a. and United States Code, Title 18, Sections
2722-2725.
Under United States Code, Title 18, Sec. 2722 the following are unlawful acts:
(a) Procurement for Unlawful Purposes. -- It shall be unlawful for any person knowingly to obtain
or disclose personal information, from a motor vehicle record, for any use not permitted under
section 2721(b) of this title.
(b) False Representation. -- It shall be unlawful for any person to make false representation to
obtain any personal information from an individual's motor vehicle record.
Under United States Code, Title 18, Sec. 2723 the following penalty may apply to unlawful
acts:
(a) Criminal Fine. -- A person who knowingly violates this chapter shall be fined under this title.
United States Code, Title 18, Sec. 2724 provides for the following Civil action.
(a) Cause of Action. -- A person who knowingly obtains, discloses or uses personal information,
from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the
individual to whom the information pertains, who may bring a civil action in a United States district
court.
(b) Remedies. -- The court may award--
(1) actual damages, but not less than liquidated damages in the amount of $2,500;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.
Under United States Code Title 18, Sec. 2725 Motor vehicle record is defined as:
(1) “motor vehicle record” means any record that pertains to a motor vehicle operator's permit,
motor vehicle title, motor vehicle registration, or identification card issued by a department of
motor vehicles;
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Dealership Access Agreement Rev. 10/16
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Exhibit B
Permissible Uses of Motor Vehicle Data
as provided in United States Code, Title 18, Section 2721
1) For use by any government agency, including court or law enforcement agency, in carrying out its functions, or
any private person or entity acting on behalf of a Federal, State or local agency in carrying out its functions.
2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions;
motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor
vehicle parts and dealers; motor vehicle market research activities, including survey research; and
removal of non-owner records from the original owner records of motor vehicle manufacturers.
3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only
(A) to verify the accuracy of personal information submitted by the individual to the business or its agencies,
employees, or contractors; and
(B) if such information as so submitted is not correct or is no longer correct, to obtain correct information, but only for
the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest
against the individual.
4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court
or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation,
and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State or local court.
5) For use in research activities, and for use in producing statistical reports, so long as the personal information is
not published, re-disclosed, or used to contact individuals.
6) For use by any insurer or insurance support organization, or by self-insured entity, or its agents, employees,
or
contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.
7) For use in providing notice to the owners of towed or impounded vehicles.
8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under
this subsection.
9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial
driver's
license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).
10) For use in connection with the operation of private toll transportation facilities.
11) For any other use in response to requests for individual motor vehicle records if the State has obtained the
express
consent of the person to whom such personal information pertains.
12) For bulk distribution for surveys, marketing, or solicitations if the State has obtained the express consent of the
person
to whom such personal information pertains.
13) For Use by any requester, if the requester demonstrates it has obtained written consent of the individual to whom
the
information pertains.
14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to
the operation of a motor vehicle or public safety. List specific statutory authorization.
