Captura Biometric Information Privacy Policy
Last Updated: May 2026
This Biometric Information Privacy Policy ("Policy") supplements Captura'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, including establishing a written retention schedule and guidelines for permanently destroying biometric data, 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 collect, store, use, and/or transmit biometric data in connection with our Selfie-Match Feature and related photo-matching functionality, which allows you and/or the applicable Studio to search databases or repositories of photos to determine which photos you appear in.
In most cases, biometric data is collected at the direction of, and on behalf of, the applicable Studio, which acts as the controller (or "business") under applicable data protection laws. In such cases, the Studio is responsible for providing notice and obtaining the required consent from individuals (including verifiable parental consent for children under the age of 18 as required by law) prior to collection.
To the extent that Captura directly collects biometric data from individuals through its own platform features (such as selfie-based registration or photo-matching tools offered directly to consumers), Captura will maintain its own biometric data compliance program, provide the required notices, and obtain consent as required by applicable biometric privacy laws before collecting such data.
We do not collect, use, store, or disclose your biometric data without your consent.
We do not use biometric data to train, develop, test, validate, or improve any artificial intelligence or machine learning model (including under any AI/ML training license or aggregated/de-identified data license in our Internet Master Services Agreement), and we do not sell, lease, trade, or otherwise profit from biometric data.
DISCLOSURE OF BIOMETRIC DATA
Your biometric data is accessible only to us and our authorized service providers and sub-processors working on our behalf. We use Amazon Web Services, Inc. (including the Amazon Rekognition service) ("AWS") to power the Selfie-Match Feature. AWS acts as our sub-processor and is contractually restricted from using biometric data for any purpose other than providing the Selfie-Match Feature on our behalf; AWS is prohibited from using biometric data to train its own models or for any other purpose, and is subject to confidentiality, security, and deletion obligations no less protective than those set forth in our Internet Master Services Agreement.
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 store, transmit, and protect your biometric data using a reasonable standard of care for the photography and educational imaging industry, and in a manner that is the same as or more protective than the manner in which we store, transmit, and protect other confidential and sensitive information.
We have established a retention schedule and destruction guidelines for biometric data in accordance with applicable law. 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) the initial purpose for collecting or obtaining such biometric data has been satisfied; or
(iv) one (1) year has passed since your last interaction with the Selfie-Match Feature,
and in no event later than three (3) years after your last interaction with Captura, after which time your biometric data shall be permanently destroyed.
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 Captura's systems or software, including any requirement to develop and maintain a written retention schedule and guidelines for permanently destroying biometric data; (2) prior to collecting, storing, using, and/or transmitting biometric data, and prior to submitting, or causing the submission of, such biometric data to Captura's systems or software, you have provided each individual to whom such biometric data relates (and, for individuals under the age of 18, such individual's parent or legal guardian) a copy of this Policy and have obtained such individual's (and, where applicable, parent's or guardian's) written consent as required by law; (3) prior to collecting or causing the collection of biometric data, you have informed each individual (or, where applicable, such individual's parent or legal guardian) in writing of the specific purpose and length of term for which such biometric data is being collected, stored, and used; (4) you are solely responsible for ensuring that all features and functionality you utilize that enable or rely on the collection or use of biometric data comply with all applicable law; and (5) 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 privacy@captura.io.