>How is this data tracking any different from what google, twitter, or Facebook use?
To use an application from one of these providers, you explicitly have to agree to their terms and services: a contract between you and the company is established. How is that equivalent to taking an uber?
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access or use the Services.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control.
Yes: using Uber obviously involves a relationship between you and Uber, and you agree to that when you open the app.
What’s different here is that car manufacturers are claiming that, say, sitting in that Uber gives them the right to record your audio and sell it to advertisers. That’s illegal in many places such as the EU or states with two-party consent laws, and it’s unlikely that courts would accept it elsewhere without some kind of informed consent.
> hat’s illegal in many places such as the EU or states with two-party consent laws
you accepted the tos, you've been informed, that's not unlawful if you gave your consent and the data is kept in the EU.
Moreover, the article is claiming that the manufacturer can "maybe even sell" the recordings but the official statement is that they are only collecting the data, not selling it (it would be stupid to claim otherwise).
The blog post specifically use the sentence and maybe even sell, because it is not stated anywhere.
> and it’s unlikely that courts would accept it elsewhere without some kind of informed consent.
meanwhile the advertisers already used your data, and there's nothing you could do about it.
Except not using Uber (that's why I never used one, even though cabs in my Country and especially in my city, are a big "mafia style" mob)
> you accepted the tos, you've been informed, that's not unlawful if you gave your consent and the data is kept in the EU.
Are you seriously saying that everyone who gets in an Uber signs a form the driver gives them saying that the car manufacturer might resell all of their data?
> Are you seriously saying that everyone who gets in an Uber signs a form the driver gives them saying that the car manufacturer might resell all of their data?
No, I am saying that Uber can collect that data itself through the app.
I was replying to "To use an application from one of these providers, you explicitly have to agree to their terms and services: a contract between you and the company is established. How is that equivalent to taking an uber?"
It is equivalent because to use Uber you have to accept their license agreement.
Nobody ever explicitly said "resell" because it would be stupid.
It's allegedly proposed by the blog post, but it's not officially stated anywhere.
BTW as written in the part of the Uber TOS I've quoted, they explicitly says that the service can be provided by third parties "outside of their control" and you accept their terms of services by accepting the service provided on the Uber platform.
So yeah, you could be accepting to have your conversation recorder by the driver (or by an autonomous vehicle which is considered a third party provider) or your orders being linked to your persona by the restaurant.
Third-Party Services and Content.
While many Third-Party Services are available in the Uber App, certain Third-Party Services or content are only accessible by exiting the Uber App (“Out-of-App Experiences”). Once you click on a link to access Out-of-App Experiences, you will be subject to the terms and conditions and privacy policy of that website, destination, or Out-of-App Experience provider, which are different from Uber’s
To use an application from one of these providers, you explicitly have to agree to their terms and services: a contract between you and the company is established. How is that equivalent to taking an uber?