Biometric data notice

1. The short version

The rest of this page sets out the same commitments in the detail that biometric privacy law requires, and that your legal and security teams will want to see.

2. What we collect

When you take a photograph at a booth and have agreed to face matching, our system analyses the image and produces a face template — a numeric representation of facial geometry. Under the Illinois Biometric Information Privacy Act this is a "biometric identifier"; under the Texas Capture or Use of Biometric Identifier Act it is a "biometric identifier"; under the California Consumer Privacy Act it is "sensitive personal information".

Alongside the face template we hold:

• the mobile number or email address you entered, so we know where to send the photographs;
• the photographs themselves;
• the event the sign-up belongs to, and the time of sign-up;
• a record of any opt-out or deletion request you make.

We do not collect fingerprints, voiceprints, retina or iris scans, hand or face geometry scans beyond the template described above, DNA, or any health or demographic inference. The system does not attempt to determine your name, age, gender, ethnicity, emotional state or any other attribute.

3. Why we collect it

One reason only: to match you to the photographs you appear in at a single event and deliver them to you quickly. That includes candid and group photographs taken later in the same event.

We do not use face data for attendance tracking, security screening, access control, marketing analytics, employment decisions, or any purpose other than photo delivery. We decline client requests to use it for those purposes.

4. Consent

Face matching is opt-in. Before any face template is created, you are shown a notice at sign-up that states, in writing:

• that a biometric identifier is being collected and stored;
• the specific purpose for which it is collected;
• the length of time it will be stored and used; and
• that it will be permanently destroyed at the end of that period.

You must affirmatively agree before the system proceeds. Your agreement is recorded with a timestamp. You may withdraw it at any time, as described in section 7.

5. Retention and destruction

Destruction is permanent. It is carried out by an automated routine on a scheduled basis, and it covers primary storage, replicas and backups on the backup cycle. Deleted templates cannot be restored, reconstructed or re-derived from the photographs we retain.

We publish this schedule in advance and follow it whether or not anyone asks. It is not shortened or extended for a client's convenience.

6. What we never do

• We never sell, lease, trade or otherwise profit from your biometric identifier or biometric information.
• We never use face data, photographs or footage from your event to train, fine-tune or evaluate an artificial intelligence or machine learning model, and our vendors are contractually prohibited from doing so.
• We never carry a face template across events. A template built at one event is not reused, compared or cross-referenced at another.
• We never match faces against external databases, public photo sources, social media or law enforcement systems.
• We never use face data for advertising, retargeting or profiling.
• We never provide face templates to a client, venue or third party.

7. Opting out

You can decline face matching:

• At sign-up — choose the option to skip face matching. You will still receive the photographs taken of you at the booth; the system simply sends what you were photographed for rather than searching for you across the event.
• On the day — tell any member of our crew. We will remove you from matching and can delete anything already created.
• By message — reply STOP to any text we send to end messages immediately.
• Afterwards — email info@fatemediacreative.com with the event name and the number or address you signed up with.

Declining costs you nothing and excludes you from nothing. You are not required to participate as a condition of attending an event, and we will not photograph anyone who asks not to be photographed.

8. Deleting your data

Email info@fatemediacreative.com with the event name and date, and the phone number or email address you used. We will verify that you control that number or address, destroy the face template immediately, and confirm in writing.

We aim to complete biometric deletion requests within 5 business days, well ahead of the 45-day window state privacy laws allow. If you also want your photographs removed, say so and we will delete them from our galleries and storage. We cannot recall copies already downloaded by you, other attendees or the event organiser.

9. Disclosure

Face templates are not disclosed to anyone except the technology vendor that operates the matching and delivery platform on our behalf, under a written contract that limits them to processing on our instructions, prohibits any other use including model training, and requires deletion on the schedule above.

We would disclose biometric data otherwise only where required by a valid warrant or subpoena, or where the individual has consented in writing. If we receive such a demand we will notify the affected individual unless legally prohibited. Because templates are destroyed on a 30-day cycle, in most cases there is nothing left to produce.

If our business is sold or reorganised, biometric data is not transferred. It is destroyed before any transfer.

10. Security

We store and transmit biometric identifiers using a reasonable standard of care that is at least as protective as the way we handle other confidential and sensitive information. That includes encryption in transit and at rest, access restricted to the small number of people who operate the booth system, multi-factor authentication on those accounts, logged access, and automated scheduled destruction.

11. Minors

We do not knowingly enrol anyone under 18 in facial recognition without the written consent of a parent or legal guardian. Our booths are deployed at corporate and professional events. If a minor is enrolled without that consent, contact us and we will destroy the template immediately.

12. State-specific rights

Illinois

This notice, together with the written release presented at sign-up, is provided under sections 15(a) and 15(b) of the Illinois Biometric Information Privacy Act, 740 ILCS 14. We maintain a publicly available written retention and destruction policy — this document — and we destroy biometric identifiers when the purpose for collecting them has been satisfied or within three years of the individual's last interaction with us, whichever occurs first. In practice our schedule is far shorter: within 30 days of final delivery. We do not sell, lease, trade or otherwise profit from biometric identifiers or biometric information.

Texas

Under the Texas Capture or Use of Biometric Identifier Act, Business & Commerce Code section 503.001, we inform you before capture and obtain your consent, we do not sell, lease or disclose a biometric identifier except as permitted by that section, we protect it using reasonable care, and we destroy it within a reasonable time and in any event within one year of the purpose ending. Our actual schedule is within 30 days.

Washington

Under RCW 19.375 we provide notice and obtain consent before enrolling a biometric identifier in a database for a commercial purpose, and we do not sell, lease or disclose it for a purpose other than the one you consented to.

California

Biometric information processed to identify an individual is "sensitive personal information" under the CCPA as amended. We use it only to perform the service requested, which means the right to limit its use under section 1798.121 is not engaged, but you may request deletion at any time and we will comply. We do not sell or share it. See our privacy policy for the full set of California rights.

Colorado, Connecticut, Oregon, Virginia and other states

Where your state treats biometric data as sensitive data requiring opt-in consent, we obtain that consent before collection and honour access, correction, deletion and appeal rights as described in our privacy policy.

13. For event organisers

If you are booking a booth, two things are on you and one is on us.

• Yours: tell attendees in your registration materials, agenda or on-site signage that a photo booth using facial recognition will be present. We supply signage and copy you can paste into a registration page.
• Yours: do not ask us to use face matching for anything but photo delivery. We will decline, and your agreement with us says so.
• Ours: the notice, the consent capture, the retention schedule, the destruction and the record-keeping. We can provide a written summary of our practices for your legal, security or procurement review before you sign.

14. Contact

Fate Studios Creative, LLC dba Fate Media Creative
San Diego, California, United States
Biometric and privacy requests: info@fatemediacreative.com
Phone: (619) 495-2320

Related documents: privacy policy, terms and conditions, SMS program terms.