Marchex Logo
Log In

Marchex Services Agreement

Marchex Services Agreement

The pricing terms of the Call Tracking Package (the “Order”) you have previously enrolled in through the Dealer Program Enrollment website together with: (1) the terms and conditions of the General Motors Call Tracking Purchase Agreement (the “Terms”); and (2) the terms of the Data Processing Addendum (the “DPA”) below constitute a legally binding and enforceable services agreement (collectively, the “Agreement”) by and between the dealership accepting this Agreement electronically (“Dealer” or “you”) and Marchex Sales, LLC (“Marchex”). The Subscription Term of the Order is month-to-month and the “Services” are the call analytics services provided by Marchex under the Order. The Terms are incorporated into this Agreement by reference. Dealer acknowledges and agrees that as the Supplier under the Terms, Marchex reserves the right to refuse to make the Services available and/or terminate this Agreement if it determines that Dealer has provided inaccurate and/or incomplete information as part of registration or onboarding or subsequently used Supplier’s services in violation of the terms and conditions of the Agreement.

Data Processing Addendum:
  1. Definition. The term “Personal Information” shall mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with any natural person, household, or device and that is collected, received, stored, processed, or otherwise used by Marchex in providing the Services to Dealer under the Order. 
  2. Security. During the Subscription Term, Marchex will implement and maintain an information security program that includes administrative, technical, and physical safeguards that are commensurate to the nature and sensitivity of the relevant information assets and designed to prevent unauthorized access, use or disclosure of any Dealer Data stored and/or processed by Marchex pursuant to the Order.
  3. Privacy. To the extent applicable, each party agrees to comply with all state and federal laws that relate to the protection of privacy and Personal Information and/or provide individuals with certain rights with respect to their Personal Information such as the California Consumer Protection Act (California Civil Code §§ 1798.100, et seq., as amended by the California Privacy Rights Act of 2020), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Utah Consumer Privacy Act, the Connecticut Data Privacy Act, and their respective implementing regulations and guidance, as may be amended or supplemented (collectively, the “Data Privacy Laws”).  To the extent relevant to the Services provided under the Order and any applicable Data Privacy Laws, Dealer will be deemed to be the “business” or “controller” and Marchex shall be deemed to be the “service provider” or “processor” to Dealer under the Data Privacy Laws, as applicable. The nature and purpose of Marchex’s processing of Personal Information under this DPA is the provision of the specific Services listed in the Order to Dealer in accordance with the Terms (the “Business Purpose”). The processing of the Personal Information shall continue for the duration of the Subscription Term subject to paragraph 4 below. Marchex will: (1) limit the collection of any Personal Information to only what is necessary for the Business Purpose; (2) not “sell” or “share” (as such terms are defined under applicable Data Privacy Laws) such Personal Information; and (3) not retain, use, or disclose such Personal Information for a commercial purpose other than providing the Services to Dealer in accordance with the Terms or any purpose other than: (i) the Business Purpose; (ii) in accordance with Dealer’s written instructions; or (iii) as otherwise permitted by the applicable Data Privacy Laws. Marchex will cooperate with Dealer in responding to and complying with consumer requests made pursuant to any applicable Data Privacy Laws and, if applicable, requiring Marchex’s sub-processors, if any, to do the same with respect to any Personal Information in their custody or control unless Marchex determines in good faith that such processing is impossible or involves disproportionate effort, in which case, Marchex will provide Dealer with a reasonably detailed explanation of its determination. To the extent required by any applicable Data Privacy Laws, once per year during the Subscription Term and upon reasonable advance notice from Dealer, Marchex will provide to Dealer with any information reasonably necessary to demonstrate Marchex’s compliance with its obligations under this Section. By proposing the Order for Dealer to accept, Marchex certifies that it understands the requirements of this DPA and will comply with them. Marchex shall notify Dealer if it determines that it can no longer meet its obligations under any applicable Data Privacy Laws. In such event, Dealer shall have the right, upon notice to Marchex, to take any reasonable and appropriate steps to stop and remediate any unauthorized processing of Personal Information by Marchex.
  4. Storage and Deletion. All archived Dealer Data shall be governed by the then-effective Marchex storage and deletion protocols for data, including maximum storage periods and automatic and mandatory deletion protocols. Notwithstanding the foregoing, unless otherwise limited or restricted by applicable law or regulation, Marchex may, but shall not be obligated to, maintain archived Dealer Data after the end of the Subscription Term. Furthermore, in the event that Marchex in its reasonable professional discretion determines that such Dealer Data may not be deleted due to any outstanding compliance or regulatory matters, Marchex reserves the right to maintain such storage until the matter has been resolved to its satisfaction. Dealer acknowledges that Marchex may change its practices and limitations concerning storage of Dealer Data from time to time and that notification of any such changes will be posted on Marchex’s website or within Dealer’s administration panel, or sent by email. Dealer shall download and maintain a backup of any information or data that Dealer requires to be subject to its own storage protocols, subject to the terms hereof.