Depending on the settings enabled by the service provider using a PhotoDay account, Snapshots, Inc. (“PhotoDay”) may collect certain biometric information from photos voluntarily uploaded to PhotoDay- namely facial imagery including characteristics derived by facial recognition software (the “Biometric Information”)- for the sole purpose of enhancing your user experience by allowing you, and service providers who you and others have given permissions to utilize the Biometric Information, to search the applicable photo repository using facial imagery for all photos containing a specific individual and to selectively group photos for viewing based on whether that individual is in the photo(s).
Beyond this, PhotoDay does not collect or process any other biometric information such as DNA, fingerprints, voice prints, or retina scans.
Biometric Information that is processed and used to identify an individual is considered sensitive personal information under some state privacy laws. By voluntarily uploading your photos on PhotoDay’s website, mobile applications, or other digital platforms, or otherwise using our services or purchasing our products, you confirm your continued consent to the processing of your Biometric Information for the limited purpose described herein. PhotoDay does not sell or share Biometric Information and only processes it for the purposes stated above. PhotoDay does not collect or process Biometric Information for the purpose of inferring characteristics about any individual, user, or consumer; is only used to provide our services and products as reasonably expected by you; and is only disclosed with your consent except as needed to effectuate the purpose for which it was collected.
If you are a photographer, studio, or similar service provider, you further represent and warrant that you have provided notice of this policy to, and otherwise obtained consent from, the subjects of your photographs, or their legally authorized representatives, as is legally necessary before (1) uploading any photographs in which they appear to www.PhotoDay.com website or any related PhotoDay websites, mobile websites, social media sites, mobile applications, or other digital platforms, including any services, features, pages, and functions contained or offered therein (collectively, the "Digital Services") or (2) otherwise using the Digital Services to collect Biometric Information pursuant to this policy, to ensure that all functionalities you have enabled are legally permissible under state, federal, and local laws. You acknowledge and agree that you are responsible for obtaining your own legal counsel to ensure the adequacy of your consents with customers. While we take no responsibility and assume no liability for any content posted by you or any third-party, and we rely on your obtaining legally necessary consents from any customers, by utilizing or otherwise interacting with the Digital Services, you also understand that PhotoDay reserves the right to request proof of customer consent from you at any time, and you agree to furnish this proof upon PhotoDay’s request.
Your use of the Digital Services is conditioned upon your agreement with this policy. If you do not agree to these terms then using the Digital Services is strictly prohibited and you must immediately exit and uninstall the Digital Services.
PhotoDay takes commercially reasonable measures to protect the Biometric Information from disclosure. PhotoDay does not sell, lease, trade, or otherwise exchange the Biometric Information. Your Biometric Information will not disclosed or disseminated unless you or your legally authorized representative consents to such disclosure except that PhotoDay may disclose the Biometric Information to trusted third-party service providers that are necessary to effectuate the purpose for which the Biometric Information was collected, as reasonably expected by you. Such service providers are prohibited from using your Biometric Information beyond providing services to PhotoDay and are required to maintain the Biometric Information’s confidentiality and privacy. PhotoDay will not otherwise disclose, redisclose, or disseminate the Biometric Information unless:
(1) The subject of the Biometric Information or the subject’s legally authorized representative consents to the disclosure or redisclosure;
(2) The disclosure or redisclosure is required by State or federal law or municipal ordinance; or
(3) The disclosure or redisclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
If you have any questions about our collection or processing of your Biometric Information, please contact us at firstname.lastname@example.org.