Face Matching Tool Data Statement

Overview

The privacy and information security landscape is dynamic and evolving. As you may know, one of the optional features available through your CORE and/or NowCandid account platform (individually and collectively, the “Platform”) is Candid Color Systems, Inc.’s (“CCS,” “we,” “us,” or “our”) Face Matching Tool. This tool can be used to help sort and organize the photos you upload based on the specific End User(s) appearing in your photos.

There have been legislative efforts and laws aimed at ensuring that certain types of “biometric” data are collected and used only for appropriate purposes and, in some cases, only with an individual’s knowledge and consent. If you choose to use the Face Matching Tool, you should understand applicable requirements and implement policies and procedures to protect End User data and support compliant use.

This Statement is intended to provide information for Photographers who choose to use the optional Face Matching Tool. CCS is not providing legal or information security advice, nor are we acknowledging that any “face scan” data relating to the Face Matching Tool constitutes biometric data in every jurisdiction. Photographers must obtain their own legal guidance and information security advice and make their own decisions regarding how to achieve compliance with applicable laws when using CCS products.

Face scan data and related End User data handled by Photographers is customer data owned and controlled by the Photographer. It is subject to the Photographer’s rules and policies, and compliance obligations related to that data are the Photographer’s responsibility.

Supersedes Prior Statements. This Face Matching Tool Data Statement (Biometric Information Policy for the Face Matching Tool) replaces and supersedes any prior versions of this statement or prior Face Matching tool data statements. If you have a separate agreement with CCS that governs privacy or data processing, that agreement will control to the extent it conflicts with this Statement.

1. Scope

This Statement applies only to data processed through CCS’s optional Face Matching Tool within the Platform.

• The Face Matching Tool is optional and must be affirmatively enabled by the Photographer, studio, or account holder.
• If the Face Matching Tool is not enabled, CCS does not process face geometry data for Face Matching purposes.

2. Definitions

For purposes of this Statement:

“Biometric Identifier” means a scan of face geometry (and in some laws may also include items like fingerprints or voiceprints).

“Biometric Information” means information based on a biometric identifier that can be used to identify an individual.

Important clarifications: Photographs and video recordings themselves are generally not “biometric identifiers.” In some jurisdictions, information derived from a photograph may be treated as biometric only when used to create or use a face geometry scan or similar template for identification or matching.

3. What data the Face Matching Tool may process

To sort photos by End User, the Face Matching Tool may briefly process scans of a person’s face geometry (“face geometry data”) derived from photographs uploaded to the Platform by the Photographer.

The Face Matching Tool is designed to use face geometry analysis to determine whether other photos within a specified collection likely depict the same individual.

We do not use the Face Matching Tool to collect:

• DNA
• fingerprints
• retina or iris scans
• voiceprints
• health or medical biometric data

4. How the Face Matching Tool works

The Face Matching Tool works by measuring geometric relationships between facial landmarks as they appear in a photo uploaded by the Photographer, then analyzing other photos within a selected set to identify images that likely depict the same individual.

Face geometry analysis occurs within the tool’s processing environment so the Platform can return matching results (for example, photo groupings or “this looks like the same person” relationships).

5. Purpose of collection and prohibited uses

Face geometry data processed by the Face Matching Tool is used solely to:

• enable face matching functionality requested by the Photographer
• group or organize images that likely depict the same individual
• help End Users locate photos more efficiently (when the Photographer uses this workflow)

CCS has a strict policy that face geometry data processed for Face Matching is:

• not sold
• not leased
• not traded
• not used for advertising
• not used for profiling
• not used for automated decision-making unrelated to Face Matching

6. Consent requirements and Photographer responsibilities

Where required by law, Photographers may need to obtain written authorization from each individual End User prior to the collection or use of face geometry data, including prior to using the optional Face Matching Tool in connection with photos of such End Users.

Face scan data and related End User data may be collected and/or used by Photographers along with other End User data. CCS, as a vendor, does not control how Photographers handle data regarding their own End User customers.

By enabling or using the Face Matching Tool, the Photographer (or studio/account holder) represents that they have obtained all legally required consents and releases for the Photographer’s chosen workflow, including any required parental or guardian consent for minors.

7. Disclosure and sharing

CCS does not sell face geometry data processed by the Face Matching Tool.

CCS does not disclose face geometry data except as needed to:

• operate the Platform and provide the Face Matching Tool (including through service providers who process data solely to provide the service)
• comply with law, court order, or subpoena
• protect rights, property, or safety of CCS, Photographers, End Users, or others

Service providers engaged to support operation of the Face Matching Tool are required to safeguard data and are restricted from using it for independent purposes.

8. Retention and destruction

What the tool is designed to do

The Face Matching Tool may briefly process face geometry data to identify other photos depicting the same person. The technology supporting the tool retains such face geometry data only for as long as necessary to perform the matching process, and the tool is designed to permanently delete that face geometry data once the matching process is complete.

In practical terms, face geometry data is generated “on the fly” in server memory during analysis. After analysis, the generated face geometry data is dropped from memory and is not intended to be stored in a database. Only the original photo images remain stored.

Published retention schedule (for compliance alignment)

To the extent a retention schedule is required by applicable law, CCS’s Face Matching Tool is intended to retain face geometry data only for the shortest period necessary to fulfill the purpose of collection, and permanently delete it when the earliest of the following occurs:

• the matching process is complete (standard operation)
• the Photographer disables Face Matching for the applicable collection/account
• the associated account, gallery, or content is deleted
• CCS is required to delete under applicable law
• CCS receives a verified deletion request applicable to data CCS controls

Deletion is permanent and irreversible for the face geometry data created for matching.

Photographer retention obligations: Photographers are responsible for the timely destruction of any End User data they collect, control, possess, or store in accordance with applicable law, including when the initial purpose for collection has been satisfied or the End User relationship ends.

At the termination of a Photographer’s contract with CCS, CCS will delete data maintained on the Photographer’s digital Platform in accordance with applicable contracts and laws.

CCS may provide sample retention and consent language for informational purposes only. Photographers should consult their own legal advisors regarding any policy adoption.

View a Sample Retention Policy with End User Consent Language

9. Security

CCS maintains reasonable administrative, technical, and physical safeguards designed to protect Platform data. These safeguards may include measures such as encryption in transit (and at rest where applicable), access controls, authentication restrictions, secure hosting environments, and restricted internal access.

No security system is perfect, but we work to protect the information processed through the Platform.

10. Children and minors

Face Matching may be used in contexts that include minors (for example, school photography and youth sports). Where required by law, Photographers and studios are responsible for obtaining parental or guardian consent prior to using Face Matching workflows involving minors.

CCS will honor verified requests regarding minors’ face matching data to the extent CCS controls the relevant data, and consistent with applicable law and technical operation of the tool.

11. Questions and requests regarding face matching data

End Users: Any questions End Users may have about their data, including retention schedules or destruction processes, should generally be directed to the appropriate Photographer or studio, since the Photographer controls End User relationships and policies.

Contacting CCS: Individuals may also contact CCS to request confirmation of whether face matching data is processed by CCS systems, request deletion to the extent applicable to data CCS controls, or raise concerns. We may require verification of identity before fulfilling requests.

12. Geographic limitations

CCS operates in the United States. If you access the Platform from outside the United States, information may be processed and stored in the United States or other jurisdictions where CCS and its service providers operate, subject to applicable law.

13. Changes to this Statement

We may update this Statement periodically. Updates will be posted with a revised effective date. Continued use of the Face Matching Tool after updates constitutes acceptance of the updated Statement.

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