Face Matching Tool Data Statement

Face Matching Tool Data Statement¹

The privacy and information security landscape is dynamic and evolving. As you may know, one of the features available through your CORE and/or NOWCandid.com account platform (individually and collectively, the “Platform”) is Candid Color Systems, Inc.’s (“CCS”) “Face Matching Tool.” This Tool can be used to sort the pictures you upload based on the specific End User(s) appearing in your photos. While “face scanning” in connection with the Face Matching Tool is a robust and efficient way to sort your photos by End User, there have been various legislative efforts aimed at ensuring that “biometric” data is collected and used for an appropriate purpose and done only with an individual’s knowledge and consent.

All photographer-customers (“Photographers”) who use CCS’s Face Matching Tool must understand these evolving legal requirements and implement policies and procedures that ensure the adequate protection and compliant use of this data. In some jurisdictions, these policies and procedures should ensure that appropriate prior consents are obtained from individuals (i.e., End Users) before using the Face Matching Tool to sort photos by End User.

To sort photos by End User, the Face Matching Tool may briefly collect scans of the person’s face geometry (“biometric data”). The technology vendor that offers the Tool will retain such biometric data only for as long as it takes to identify other photos depicting the person. The Face Matching Tool will permanently delete the biometric data as soon as this process is complete.

CCS, as a vendor, does not control how Photographers handle data regarding their own End-User customers who may engage them for photography-related services. Face scan data may be collected and/or used by Photographers, along with other End User data. Any data a Photographer stores, including on a secure space made available by CCS, is at all times the Photographer’s data, which CCS does not have the right to use without a photographer’s permission. To the extent required by law, Photographers may need to obtain written authorization from each individual End User prior to the collection of this data, including prior to using the optional Face Matching Tool in connection with any photo(s) of such End Users.

Photographers are responsible for the timely destruction of any End User data that they may collect, control, possess, or store in accordance with applicable law, including without limitation, upon the initial purpose for the collection of any biometric data being satisfied (such as termination of an End User’s relationship with a Photographer). At the termination of a Photographer’s contract with CCS, CCS will delete any data maintained on the Photographer’s digital Platform in accordance with applicable contracts and laws. Any questions End Users may have about their data, including any applicable retention schedule or destruction process, should be directed to the appropriate Photographer.

CCS has made available for information purposes only a sample retention policy and sample End-User consent language for Photographers utilizing the Face Matching Tool. These samples do not constitute legal advice or advice on how to achieve operational privacy and security. Photographers are encouraged to review and assess, in consultation with their own legal advisors, adopting their own policy(ies) that addresses applicable compliance requirements.

¹This Statement supersedes any previous statements or documentation, isfor information purposes only, and does not constitute legal advice or adviceon how to achieve operational privacy and security. If you require legal adviceon the requirements of any law, you are advised to consult a qualified legalprofessional. If you require advice on the nature of the technical andorganizational measures that are required to deliver operational privacy andsecurity in your organization, you should consult a qualified privacy andsecurity professional. Candid Color Systems, Inc. (“CCS”) believes that theinformation in this Statement is accurate as of the publication date. Allinformation provided is subject to change without notice

This Statement is intended to provide information for Photographers who choose to utilize the optional Face Matching Tool. CCS is not providing legal or information security advice nor 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 these laws in their use of CCS products.

Face scan data is customer data that is owned and controlled by the Photographer; it is subject to that Photographer’s rules and policies, and any related compliance with these laws is the Photographer’s responsibility. As part of managing their responsibilities, Photographers are also encouraged to stay informed of the rapidly changing landscape regarding privacy laws, including laws related to biometrics.