Driver app terms

01Who this is for#

These terms are between you and SIA “HEIDA LTD”, which operates Frachta. They cover the driver app and nothing else.

They are deliberately separate from the Terms & Conditions that a transport company agrees when it subscribes to Frachta. That document is about plans, payment, trading on the freight exchange and obligations between companies. None of it is yours to accept, and you are not being asked to. If you have seen it presented to you inside the app, that was our mistake and this document replaces it for you.

You use the app because a carrier you drive for connected you to it. Your employment, your pay and your instructions come from that carrier, not from us. We are the software in between.

02Your account#

Your account is yours, not your employer's. You create it yourself, with your name, gender, date of birth, nationality, country of residence, e-mail and driving licences, and it gets a Driver ID. A carrier invites you by entering that ID — give it only to a company you drive for. The invitation waits in the app until you accept or decline it, and the carrier is told your answer; you are linked to it only if you accept. Links made before invitations were introduced continue unchanged. Your account survives you changing jobs: a carrier can end its link to you, and that does not delete your account. We ask your gender only to word your own leave applications and the other documents you sign. Your employer is not shown it, although the leave you apply for, and in some languages the wording of a document, show it. If you registered before we asked, the app asks you once, and you cannot go on using it until you answer. You can change it in Profile.

Keep your sign-in to yourself. If you think somebody else has used it, change your password in the app and tell your employer; write to support@frachta.lv if you cannot get in. A new e-mail address takes effect only once you confirm it with the link we send to that address, and we then tell your old address about the change, so that a change you did not make does not go unnoticed.

Signing in. A sign-in lasts at most 90 days; after that, you sign in again. Signing out ends that sign-in and clears your data from the phone, except a “no” to anonymous diagnostics that has not reached us yet: the phone keeps it, under a one-way code of your account rather than the account itself, and sends it when you next sign in there; deleting your account or reinstalling the app removes it. Resetting your password ends all your sign-ins at once, and changing it in the app ends all of them except the one you are using. If we detect that your sign-in has been copied and is being used on another device, we end it, and you sign in again. What happens to work not yet sent when a sign-in ends is explained below, under “Availability”.

Help from Frachta. Frachta's authorised support staff can open your account to help you and to keep accounts secure. They see your name, e-mail address, Driver ID and app language; your account's status and dates, including whether we have blocked it; the companies you are or were linked to, or that invited you; the app version and phone system you last used, and whether notifications are on; your answers about usage counts and anonymous diagnostics; your recent sign-ins, without their internet (IP) address; and counts of your work — the days you were active, the runs you started and finished, stop events, photographs uploaded, documents signed, applications submitted and chat messages sent — never the records themselves. If you said yes to usage counts, they also see, for the last 30 days, how many times you opened each screen and how many usage events the app counted each day. This view does not show your chats, documents, payslips, photographs, locations, gender, date of birth, nationality, licences or health data; a message you report is handled separately, as described under “Chat with dispatch” below. They can sign you out on every phone, block or unblock your account, and send your confirmation e-mail again if you have not finished registering. Blocking also signs you out on every phone, and a blocked account cannot be signed in to: the app says “Access to this account is restricted. Contact your employer.” A block does not touch your links to companies or the records of your work; if you think it is wrong, write to support@frachta.lv. You can still delete a blocked account on the deletion page, and ask privacy@frachta.lv for a copy of your data. What happens to work not yet sent when a sign-in ends is explained below, under “Availability”. Every time staff open your account or act on it is recorded in our audit log, with who did it and, for an action, the reason they wrote.

• You may be linked to more than one carrier at a time.
• Each carrier sees only the work you did for them — never work you did for another.
• Ending a link leaves your account open and your history with the carrier it belongs to.
• When you accept a carrier's invitation, and not before, it gets your licence categories and their expiry dates, kept up to date when you change them, and your e-mail if it has none for you. A carrier whose invitation you decline gets none of these. If a carrier has switched on its licence check, an expired licence stops it from assigning you work.

03What the app records#

The app exists to carry a job to you and evidence back: your runs and stops, vehicle checks and odometer readings, seals — one per cargo unit, with the unit and its registration plate — and, at a loading stop, your answer whether a seal is required, proofs of delivery, problem, damage and defect reports with their photographs, your messages with dispatch, and the documents you sign. It also shows you the damages your employer records as your fault, with their photographs and the amount your employer decided to recover from you — not the company's own repair cost. If your employer deducts that amount from your pay, at once or in monthly parts, each deduction appears on your payslip with the damage's number. A defect report goes to your employer's repair records, and the app shows you what happens to it — sent, in repair, repaired, postponed or no repair needed — never its cost or the workshop. If you answer that you cannot keep driving, the vehicle is marked off the road in your employer's planning until your employer releases it. A proof of delivery is a photograph of the signed delivery documents; nobody signs for the goods on your phone. The app also shows you your schedule — a day counts as a day on the road from the moment you start a run in the app until it is finished, by you or by your employer's office — and your pay as your employer recorded them.

Location. When you record an arrival, loading or unloading, waiting for documents, a departure or a problem at a stop, an arrival at or a departure from a saved place, a seal, the answer that no seal is required or a proof of delivery, or when you send a damage or defect report, the app attaches where the phone is — at that moment only. It asks the phone for a balanced fix, accurate to about 100 metres, not for its most exact position; if you allow only approximate location in the phone's settings, the app uses the approximate position it is given. If the phone gives no position within about 4 seconds, the app uses the last one the phone already has, as long as it is no more than 2 minutes old. That position can be more exact than 100 metres, if the phone already had a more exact one — from a navigation app, for example. The app may use location only while you are using it: it does not follow you between stops, does not run in the background, and does not know where you are when you are not using it. Vehicle checks, starting or finishing a run and chat messages carry no position. The damage- or defect-report screen also reads the position when it opens, to show it to you; it is sent only with the report. If you refuse the permission, or the phone has no position to give, the action still goes through without one.

Whether you were at the stop. When you record an arrival, loading or unloading, waiting for documents or a departure at a stop, put on or take off a seal, answer that no seal is required, attach a proof of delivery or a problem photo, or arrive at or leave a saved place, Frachta checks whether your truck was at that stop. If your employer has connected vehicle tracking, the truck's latest position from it is compared with the stop's location; if no usable truck position is available — none taken in the 15 minutes before the action — the position of your phone recorded with the action is compared instead. Stored with the order: the result — at the stop (within 500 metres), how far away, or that there was no position to compare — which position was used, the truck's or the phone's, the distance and when that position was taken. The truck's position itself is not kept for this, and the app does not show you the result; your employer sees it. The check never stops you doing anything: no action is refused because of where you or the truck were.

Photographs. The app takes pictures with the camera, not from your gallery, and stores them with the job or the report they belong to. Before a photograph is stored, the location and device details held inside the image file (its EXIF metadata) are removed. Take what the job needs and no more — other people at a loading bay may end up in a photograph, and they did not choose to be there for that reason.

Navigation. When you tap to navigate to a stop, the app opens Google Maps or Waze on your phone with the stop's address or coordinates. From there that app's own terms and privacy policy apply; Frachta sends it nothing else.

Chat with dispatch. You can report a message that dispatch sent you, choosing a reason and, if you want, adding a note. The company's owners are told by e-mail that a message was reported — the e-mail contains neither the message nor your note — and Frachta staff read the message and your note to deal with the report. Your employer is never shown your note. Muting a company's chat only stops its notifications: its messages still arrive, and you can read them in the app. Dispatch's messages are marked as read, with the time, once the chat has the newest of them on your screen; while you are offline, nothing is marked read.

Crash reports, usage counts and diagnostics. When the app crashes, a report goes to Sentry, the error-monitoring service Frachta uses, in the EU: what went wrong and on which screen, the screens and buttons used just before, the phone's model, system and app version, and the app's requests by address and result only, never their contents. For a sample of uses the app also reports how long screens and requests took, and each time the app is used it tells Sentry whether that use ended in a crash. A report identifies you by your internal account number alone — no name, e-mail address, location, photographs or messages. The app also counts how it is used — the screens you open, each time you complete one of seven work actions (a vehicle check sent, a run started, an arrival, a proof of delivery sent, a damage report sent, a chat message sent, a document signed) and when the app is opened and closed — but only if you say yes when it asks. In a separate question, the app asks whether it may send anonymous diagnostics, and sends none unless you say yes. They go to Sentry only when something goes wrong: when you next open the app after it closed unexpectedly while it was open on your screen, or when its memory grows unusually fast or unusually high; nothing is sent on a normal day. A diagnostic report holds counts and memory sizes, the screen open at the time and the ones just before it, the app version and the phone's model and system — no name, account, phone ID, location, IP address or anything you typed — and Sentry keeps it in the EU, apart from crash reports. We record each answer, and when you gave it, on our servers. You can change either answer at any time under Profile → Settings, and saying no changes nothing else in the app. All three are described in the Privacy Policy.

What the app holds is set out in full in the Privacy Policy, including how long it is kept. On the phone itself, the photographs you take, and the payslips and documents you open, are deleted whenever the app starts if they are more than a day old, unless they belong to work still waiting to be sent. Photographs you look at in the app are kept on the phone for up to a day, so they are not downloaded again, and are deleted when you sign out. So that it opens at once, also without signal, the app keeps a copy of what it last loaded — your runs and orders with their stops, your documents list, your schedule and your profile — on the phone for up to 24 hours, out of the phone's backups; signing out deletes it.

04Your employer's part in this#

Your employer decides to use the app, decides what to ask of you in it, and is the controller of the records it produces about your work. Frachta processes them on their instruction.

That means questions about why you are being asked to record something sit with your employer. Questions about what the software does and what it stores are ours, and we will answer them directly.

Frachta does not use your work records to make decisions about you, does not share them with other carriers, and does not sell them.

Your pay. The Salary tab and the monthly payslip show your pay as your employer's payroll in Frachta works it out: your base pay; your shifts — each day on the road from the moment you start a run in the app until it is finished, counted once — at your shift rate; the hours driven, counted from the times of the vehicle's telematics trips during your runs, at your hourly rate; the runs' kilometres at your kilometre rate — each of these only where your employer pays it; where your employer pays them, extra amounts for night work and for days on the road that fall on a public holiday; and the bonuses and deductions your employer entered, each with its reason. Each rate is the one your employer set for you or, where it set none, its standard rate. Kilometres driven at night and nights of work are counted from the times and distances of the vehicle's telematics trips during your run, within the night period your employer set; a night with more than two hours of driving in total counts as a night of work. Where the vehicle sends no telematics data, your employer enters those figures, the hours driven included. Your employer can also correct the kilometres, the hours driven and the kilometres driven at night and on public holidays, for a single run or for a whole month, and can set the amount of any line of your pay itself; the payslip then shows the amount your employer set, and the totals are added up from it. The payslip lists each day on the road on its own row, with the run's route number and that day's kilometres, hours and pay. Neto is what you earned less the deductions. Where your employer's accountant has calculated your taxes and your employer has entered them in Frachta, the payslip also shows your gross pay, each amount withheld from it and the contributions your employer pays on top; the net you are paid is always the one calculated in Frachta. The payslip says that it is calculated from the work recorded in Frachta and, where they are shown, that the taxes are as your employer's accountant calculated them. They are your employer's figures: if one is wrong, your employer corrects it. The payslip is written only in the official language of the country where your employer is registered; the Salary tab shows the same figures in your language.

A device for the app. The carrier that asks you to use the app must give you a mobile device to use it on. Using your own phone instead is your choice; you can never be required to.

A run your employer's office finishes. If a run is left open — because you could not finish it in the app, for example — your employer's office can finish it for you. It gives the time the run ended, a reason and, if it wants, a note. Your days on the road, the hours driven and your pay for that run are counted up to that time. If notifications are on and you are still linked to that employer, you get a notification about it in your language. The app shows you the reason and any note on the finished run, and your employer's run history shows that the office finished it. Frachta's audit log records the finish, the end time and the reason, but not the text of the note.

Changes to a run you have. Your employer's office can change a run it has sent you, also after you have started it: add or remove orders and stops, change their order, their day or time, or correct a stop's address. Stops you have already worked at — where you recorded an arrival, a departure, a seal, a proof of delivery or a document — and the stops before them stay as they are; a problem report alone does not hold a stop. If notifications are on and you are still linked to that employer, you get one notification in your language for each change your employer saves, naming by number every run of yours it touched and saying what changed — how many stops were added or removed, and whether their order, an address or a time changed — and the app shows those runs again.

Updates to your employer's client. On your employer's instruction, Frachta can e-mail its client about an order's progress. Those e-mails show when the run carrying the order started, the times you record arriving at and leaving its stops, the truck's and trailer's plates and, on delivery, the proof of delivery — your employer's own file, or else up to three of your proof-of-delivery photographs. They never show your name, your phone's positions or your messages.

Where you were each day. If your employer connects its vehicle tracking, Frachta also works out from it which country you were in on each day — where the tracking did not record who drove, by assuming that the last driver of the truck kept it until somebody else drove it or four days passed — for your per diem and for the posting declarations your employer makes. Your employer's fuel report lists every fall of 5 litres or more in a truck's tank, with the driver the tracking identified at that moment, for your employer to check. Nothing is decided about you by the software, and a fall in a tank is not a finding that you did anything wrong; if a figure is wrong, your employer corrects it.

05Time off, and sickness#

You can apply for time off in the app — annual paid leave, unpaid leave, maternity or paternity leave, or child-care leave. One choice, “Maternity / Paternity leave”, applies for maternity leave if your gender is female and for paternity leave if it is male. Your employer decides, and you see the decision, with any note, in the app; when it approves, the dates go onto your schedule by themselves. Your employer can also record absences itself: when you were off, and whether it was leave, holiday or sickness. Leave and holiday may carry a note; sickness never does.

That a day was sickness says something about your health, and the law protects that more strictly. Frachta records only that an absence was sickness and when it ran: a sickness absence has no note, and you are never asked for a diagnosis.

Your absence is visible to the carrier that employs you. It is not visible to another carrier you also drive for, and never to anyone else using the platform.

Paternity and child-care leave ask for your child's date of birth — nothing else about your child — because the leave depends on it. Maternity leave asks for the leave dates on your doctor's certificate, not the certificate itself, and for the expected date of birth. A maternity leave application tells your employer that you are pregnant; like sickness, that is information about your health, which the law protects more strictly. Your employer sees it like any other application, but the notification and e-mail that tell its users about it say only that you submitted a leave application. If you ask for annual leave to start right after maternity leave, the application says so. All of these are printed on the application and kept with it.

Injury or illness. If you report a problem as “Injury or illness”, your employer is alerted at once, marked urgent, with your name and what you write. Say where you are and what help you need; you do not have to describe the injury. The app is not an emergency service — in an emergency, call 112 first.

06Your rights over your data#

You have the rights the GDPR gives you. The two most used are in the app itself, under Profile → Settings → Your data:

• A copy of your data — “Send me my data” e-mails you what your account holds: your details, your licences, your links to companies, the terms you accepted, your chats with dispatch — starting with the company you joined most recently; a very long chat comes in several e-mails, the newest messages first, sent automatically one after another, each saying which part it is and how many there are — the messages you reported, with your reason and note, and your sign-ins: the device, its internet (IP) address, the app version and the phone's system, when each sign-in began and was last used, and when it ended.
• Deleting your account — “Delete account”, with your password, or, without the app, on the deletion page, which e-mails you a confirmation link. Your personal data is erased at once: your name, gender, date of birth, nationality, country, e-mail address, password and licences; your sign-ins and notifications on every phone; the internet address and browser recorded when you accepted the terms (which versions you accepted is kept); your answers about usage counts and anonymous diagnostics (a record of each answer, without your name, stays in our audit log for 24 months as proof of your consent); and the notes you wrote when reporting messages. Your links to companies end at the same moment. This cannot be undone. Accounts closed with the earlier “Close account” button are erased in the same way.
• Correcting your name, contact details or licence information.
• Objecting to processing, and complaining to a supervisory authority.

What deleting your account does not erase, and why: the records of your work belong to the company you did it for and stay with it — the documents you submitted; the records of the orders you delivered: stop events, seals, proofs of delivery, photographs and signatures; your vehicle checks and damage reports; your messages with dispatch and your reports about them, without your note; and your pay records. They are its commercial and employment records. The company's own record of you as its driver — including the e-mail address and licences it received when you accepted its invitation — also stays as the company keeps it. The messages with dispatch, and your reports about them, are deleted 24 months after your link with the company ends, and the documents you signed 90 days after the company deletes you from its drivers; the other records stay for as long as the company keeps the order, vehicle and employment records they belong to. A legal hold that the company places on its record of you stops these deletions while it lasts. The details are in the Privacy Policy.

To exercise any of this, or to ask what is held about you, write to privacy@frachta.lv.

07Documents you sign#

The things you sign in the app are your applications and explanations; nobody else signs anything on your phone. You are shown what you are signing before you sign it. A document is written in the official language of the country where your employer is registered: Latvian for Latvia, Lithuanian for Lithuania, Estonian for Estonia, Polish for Poland, German for Germany and Austria, and English for any other country. It is written in that language only, whatever language you use the app in; what you enter, and the summary you check before signing, are shown in your language. If you cannot read what you are asked to sign, do not sign it, and tell us.

You sign applications and explanations with your finger, on the screen. The lines you draw — their shape, not the speed or pressure — are stored with the document and printed on it above your name, beside the date. The document also carries your employer's name, registration number and address, and your name, position and e-mail; in Latvian, Lithuanian and German, your position is written in the feminine form if your gender is female. Once signed it cannot be changed; it goes to your employer at once, and your copy stays in Documents.

A resignation is not signed in the app. If your employer is registered in Germany, the app does not offer one at all: there a resignation must be on paper with a handwritten signature, and you give it to your employer yourself. Otherwise you fill it in, the app locks the PDF, and you sign that PDF outside the app with a qualified electronic signature: with eParaksts at eparaksts.lv if your employer is registered in Latvia, otherwise with any EU qualified electronic signature — such as Smart-ID or Mobile-ID — under that provider's own terms; Frachta sends the provider nothing. You then upload the signed file on a Frachta web page the app opens for you; the link works for 30 minutes. We check that the file holds exactly the PDF the app made, and keep the file. Like any qualified electronic signature, it contains your signing certificate, which may include your personal identification code; Frachta reads only your name from it and copies the code nowhere else. We do not check that the signature itself is valid; your employer can check it with the provider's or its own country's validation service (for eParaksts, at eparaksts.lv). The resignation reaches your employer when the upload is accepted. If your employer accepts it, your last working day is recorded and its schedule shows you as gone after it.

Explanations. You can write one about anything — a delay, an incident, or a damage your employer records as your fault, which has a number such as DMG-0001. Your employer can also ask you for one, and the app asks you for one by itself when your employer records a damage as your fault. Until a requested explanation is signed and sent, the app does not let you finish a route. If your employer later finds that the damage was not your fault, a request you have not signed yet is withdrawn — it leaves your documents and no longer holds up a route; an explanation you signed is kept. What you write is your own account: write what happened.

08Using the app properly#

• Never use the app while driving. Stop first. No record is worth a collision.
• Record what actually happened. A checklist ticked without looking is worse than no checklist.
• Do not sign for somebody else, and do not let somebody else sign as you.
• Do not try to defeat the location or photograph features, and do not share your account.

If you use the app to do something dishonest — falsifying a delivery, for example — we may suspend your account and tell the carrier concerned.

09Availability, and what we do not promise#

The app works offline: actions you take without signal are held on the phone and sent when it returns. They are kept where the operating system will not quietly delete them, and out of the phone's backups, so a phone that is lost, wiped or reinstalled before they are sent loses them. Sync when you can. Without signal, the app shows what it last loaded, up to a day old. Signing a document is the exception: it needs a connection at the time. If the server refuses an action held on the phone — a photograph that is too large or is not a picture, for example — the app tells you and deletes it from the phone: record it again.

Unsent work when a sign-in ends. Signing out, or deleting your account in the app, clears your data from the phone, including work not yet sent; if anything is unsent, the app tells you first, and what it deletes never reaches your employer. Signing out keeps only a “no” to anonymous diagnostics that has not reached us yet, as explained under “Your account”. If your sign-in ends without you signing out — for example because it expired, your password was reset or we ended it — your unsent work stays on the phone, for you alone, and is sent when you sign in again. If you do not sign in again, it is deleted the next time the app is started after 7 days have passed; the app can delete it only while it is running. Someone else who signs in on the same phone does not see it, and it is never sent under their account. If you delete your account on the web, unsent work stays on the phone until that same clean-up.

We do not promise the app is always available, and we are not responsible to you for work lost through a device failure, a flat battery or no coverage. Nothing here limits liability that cannot lawfully be limited.

When a carrier's account is restricted. While a carrier's Frachta account is suspended, blocked or deleted, you cannot use the app for that carrier. While it is restricted to read-only, you can see what is there but cannot send anything. Your own account, and your work for any other carrier, are not affected.

Updates. We may stop supporting an older version of the app. You then have to update the app to keep using it: until you do, it can neither send anything nor load anything new. Work waiting to be sent stays on the phone and is sent after the update.

10Changes and ending#

We may change these terms at any time. For a material change — one that affects your rights or obligations, or what data is collected and why — we give at least one month's notice by e-mail before it takes effect; if you object before that date, we tell your employer, who can take it up with us or decide how to respond, since your use of the app is part of your work for them. A non-material change — a clarification, a correction, or a change in formatting that does not alter what these terms require — may be made at any time. The version and date above change with each revision, and we e-mail you about every new version when it is published. You may stop using the app at any time.

We may suspend an account for the reasons in section 8, or where a carrier tells us a person is no longer their driver and the account is being misused.

11Law#

Latvian law applies. If you are a consumer, this does not take away the protection of the mandatory rules of the country you live in, and you may bring a claim in your own courts.

These terms are published in English and in translation. If a translation differs from the English text, the English text prevails.

12Contact#

SIA “HEIDA LTD”, registration No. 40203741048, Spāres iela 3A, Rīga, LV-1002, Latvia. The app and your account: support@frachta.lv. Your data: privacy@frachta.lv.