ImageQuix Biometric Information Privacy Policy

Last Updated: June 2024

This Biometric Information Privacy Policy (“Policy”) supplements ImageQuix’s (“we,” “us,” or “our”) Privacy Policy and is meant to provide information to you about how we collect and treat biometric information.

Our photography studio customers (collectively, “Studios”) are responsible for developing and complying with their own biometric data retention and destruction policies as may be required under applicable law.

 DEFINITION OF BIOMETRIC DATA

“Biometric data” as used in this Policy means any information about your physical or biological characteristics (also referred to as “biometric identifiers”) that identify or can be used to identify you.  When we refer to “biometric data” in this Policy, we also include “biometric identifiers” and “biometric information.”  Examples of biometric data include retina or iris scans, fingerprints, voice prints, and scans of hand or face geometry.  

Biometric data, however, does not include writing samples, signatures, demographic data, and physical descriptions, among other things. While photographs and images alone are not biometric data, biometric data can be created by processing such photographs or images using face recognition and other technologies.  The only type of biometric data that we collect is facial scan information, including face geometry information and characteristics derived by facial recognition and other technologies.

 COLLECTION & USE OF BIOMETRIC DATA

We only collect, store, use and/or transmit biometric data on behalf of our Studio customers in connection with the services that we provide to them, including to provide features that allow you and/or the applicable Studio customer to search databases or repositories of photos to determine which photos you appear in.  With your consent, we (and our service providers working on our behalf, such as our technology vendors), may collect, store, use and/or transmit your biometric data for the purposes describe above.

We do not collect, use, store, or disclose your biometric data without your consent.

Our Studio customers are responsible for compliance with applicable law governing their collection, storage, use, and/or transmission of biometric data, and where required by law, must obtain written consent to collect, store, use, and/or transmit biometric data prior to the collection of such data.

DISCLOSURE OF BIOMETRIC DATA

Unless otherwise required by law, your biometric data is accessible only to us (and our service providers working on our behalf, such as our technology vendors).  We do not share your biometric data with any other third parties unless:

  • You provide consent;
  • the disclosure is required pursuant to a valid warrant, subpoena, or court order issued by a court of competent jurisdiction; or
  • the disclosure is required by law.

We do not sell, lease, trade or otherwise profit from your biometric data.

RETENTION & STORAGE

We protect your biometric data using a reasonable standard of care and reasonable security measures. 

Unless otherwise required by a court order or applicable law, we will only retain your biometric data until the earliest of: (i) you request that we delete it; (ii) the Studio of which you are a customer deletes it or deletes your account with the Studio; (iii) 90 days have passed since it was collected.

STUDIO CUSTOMERS

This section is applicable to Studios only.  You, the Studio, represent and warrant the following:  (1) you have and will comply with all laws applicable to the collection, storage, use, and/or transmission of biometric data in connection with all biometric data stored on ImageQuix’s systems or software; (2) Prior to collecting, storing, using and/or transmitting biometric data, and prior to submitting, or causing the submission of, such biometric data to ImageQuix’s systems or software, you have provided each individual to whom such biometric data relates a copy of this Policy and have obtained such individual’s written consent as required by law; (3) you are solely responsible for ensuring that all features and functionality you utilize that enables or relies on the collection or use of biometric data comply with all applicable law; and (4) you have provided notice of this Policy to each individual from whom you have collected biometric information.

For any questions regarding our use of biometric data or other privacy inquiries, please contact us at [email protected].