Uber now wants ELD access

But yet they won't acknowledge it for detention time, have to fight every time with them for it.

 

After winning a bid on the Uber platform, I was prompted to sign the said carrer - broker agreement. There was no way to circumvent it. In order to claim the won bid I signed the agreement. However, having read carefully the section 8 of the agreement, my understanding was that a carrier may request termination of the data sharing via carrier's telematic devices (ELD) by writing them email notification.

I did email them such a notification with explanation that I could not agree to the section 8 due to Driver's Safety/Cargo Theft concerns and personal business data protection.

I did stipulate, however, that I might grant ELD access but only for the duration of the transit of a load booked from Uber Freight and each time the access has to be preceded by my explicit consent and terminated after the transit has been concluded.

The section 8 not only indicated data sharing via ELD for the purpose of load tracking - which I can agree to an extent of letting the broker, shipper and receiver see my truck location - but also wider, going beyond Uber Freight load tracking such as data acquisition and its forwarding to 3rd parties - that I could not agree.
I am not sure how my relationship with Uber is going to pan out now but I could not stomach knowing that they can watch and analyze my every move when I am not under their load and utilize it for their own business purposes.
Besides, the drivers safety, cargo theft protection and your own business practices of where you pick up your loads, which regions you stay operating or even park your truck, should not be for them to see and make use of.

 

Here is the entire portion of section 8 of their agreement.

8. Carrier’s Consent to Share Telematics Data with Uber Freight.
(a) For purposes of this Agreement, the following terms shall have the following meanings:

• (i) “Device Data” means location and other data that is created, captured, entered into or processed by any Telematics Device used by Carrier or any of its Drivers.
• (ii) “Telematics Devices” means telematics technologies and related hardware, equipment, software and services, including fleet management technologies, tracking technologies, electronic logging devices, vehicle or asset gateways, trailer sensors, and visibility and/or location aggregators.
• (iii) “Telematics Provider” means a provider of Telematics Devices.

(b) Carrier hereby agrees to the transfer and transmission of its Device Data by Telematics Providers to Broker for use at Broker’s sole discretion. Such transfer and transmission of Device Data to Broker may be made by the Telematics Provider or such other party as may be necessary to effectuate this transfer and transmission. Carrier authorizes the Telematics Provider or such other parties to take such actions as may be necessary to effectuate the transfer and transmission of Carrier’s and any of its Drivers’ Device Data to Broker. Such Telematics Providers shall be third-party beneficiaries of this Section 8.

(c) Carrier hereby grants to Broker a non-exclusive, transferable, sublicensable, worldwide, fully-paid up, royalty-free and revocable (in accordance with Section 8(e)) license under its rights to the Device Data to use, distribute, reproduce, display, perform, copy, modify, and create derivative works based upon the Device Data. Uber Freight may share such Device Data with third parties in accordance with its publicly available Uber Freight Privacy Notice, as it may be updated from time to time in accordance with its terms, which is currently located here and is incorporated herein by reference (the “Uber Freight Privacy Notice”).

(d) The Parties acknowledge and agree that the Device Data may contain or reflect personal information, including Driver location data. Carrier represents and warrants that it has all rights necessary, and has provided or will provide appropriate notice, and has obtained or will obtain any necessary consents from end users or other persons, for Carrier to share Device Data with Broker hereunder and for Broker to use any personal information contained or reflected therein for purposes of fulfilling its obligations under this Agreement or other purposes identified in the Uber Freight Privacy Notice.

(e) The agreements set forth in this Section 8 shall remain in effect until the earlier of (i) the valid termination of this Agreement and (ii) the termination by either Party of the obligations set forth in this Section 8 in accordance with this Section 8(e). Carrier may terminate this Section 8 by providing written notice to Broker via email at freight-carrier@uber.com, with the subject line “[Carrier’s name] Device Data Sharing Termination Request.” Carrier’s written notice of termination may also instruct Broker to cease receipt of certain data while continuing receipt of other data, in which case this Section 8 will remain effective with respect to the data access that Carrier has not terminated. Broker may terminate this Section 8 by providing written notice to Carrier in accordance with Section 14. Promptly following termination of this Section 8 by either Party, Broker will take reasonable measures to terminate its receipt of Device Data from Telematics Providers. Termination of this Section 8 will not affect Broker’s rights with respect to any Device Data received by or licensed to Broker prior to such termination pursuant to this Agreement.

 

I want to know how they can get into my ELD to track me.

 

Most likely they would contact your ELD provider and show them the section 8 of the agreement you signed.

 

To me that is just a bit much. Once I'm done with their load I am done providing my service to them. I don't want them tracking all of my movements when I'm doing whatever else I'm doing that isn't related to them. That goes for any brokerage.

 

Or you can just strike out that part of the agreement and return it.

 

You provide them with an access code created by your ELD provider. Basically it's like giving them the key to your front door and they can just walk in anytime they want.

 

I can just see it now, the emails coming in when you're not even on their load, "You're just minutes away from Carl's Jr, have Uber eats deliver your meal to you"....things like that as well as tracking ones lanes.

 

Which is usually considered insane.