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Biometric Information Notice and Policy

Last modified: April 11, 2024

In order to provide the AI Avatars feature to you, biometric identifiers or data may be collected or created by Vidyard or its third-party subcontractors (please refer to the subprocessors whose purpose is the creation of AI Avatars, as listed at www.vidyard.com/subprocessors/). Specifically, the training video that you provide when you create an avatar in the Vidyard Platform will be used by Vidyard and/or its third-party subcontractors to: (1) identify voice characteristics that represent your voice; (2) scan your face geometry; and (3) create other data generated from your voice characteristics and facial scan (collectively, “Biometric Data”). These biometric identifiers and data allow Vidyard and/or its third-party subcontractors to generate an avatar representation of you (a “Custom Avatar”) which can be used to create synthetic video content in accordance with your requests and instructions provided through the Vidyard Platform (each an “AI Generated Video”).

Vidyard established this Notice and Policy to ensure such Biometric Data are reasonably safeguarded and not retained for longer than is necessary. Because Biometric Data may be considered to be biometric identifiers or biometric information by applicable biometric privacy laws, this Notice and Policy is intended to comply with all potentially applicable laws, including, but not limited to, the Illinois Biometric Information Privacy Act (“BIPA”).

Vidyard will obtain consent from individuals to collect, use, maintain, and disclose Biometric Data in connection with providing the custom avatars functionality within the AI Avatars feature to users. Vidyard and our third-party subcontractors are permitted to access and exchange Biometric Data with each other as necessary and appropriate to provide the AI Avatars feature. Biometric Data may be stored by Vidyard or on a server database hosted by our third-party subcontractors. Further, we may in the future disclose Biometric Data to our consultants, attorneys, and/or accountants as necessary to assist us with compliance, conduct audits and investigations, provide related services, or as otherwise permitted or required by law or legal process. In the event additional parties need access to Biometric Data for technical support, administration, or other lawful purposes, we will only provide such access in accordance with applicable law and other best practices..

Vidyard and its third-party subcontractors will delete your Biometric Data (i) when the initial purpose for collecting or obtaining such data has been satisfied; or (ii) within one (1) year after your subscription to the AI Avatars feature ends, whichever occurs first.

If you have any questions regarding this Biometric Information Notice and Policy, please contact biometrics-privacy@vidyard.com.

Consent to Collect, Process, Store, and Disclose Biometric Data

By proceeding to create a Custom Avatar, you acknowledge and agree that:

  1. Buildscale, Inc. (dba Vidyard) and its third-party subcontractors will collect, capture, receive, or otherwise acquire one or more of the biometric identifiers and/or information about you (collectively, “Your Biometric Data“):

      2. a. Voiceprint or other characteristics representing your voice.

      b. Facial geometry scan and related data.

  2. Vidyard and/or its third-party subcontractors may collect, use, store, disclose, and otherwise process Your Biometric Data as necessary and appropriate to create and permit the use of your Custom Avatar and AI Generated Videos in accordance with your instructions through the Vidyard platform (collectively, “Permitted Purposes”). In furtherance of these Permitted Purposes, Vidyard is permitted to disclose or make available Your Biometric Data to certain third-party subcontractors to facilitate the creation of your Custom Avatar and AI Generated Videos through the AI Avatars feature.

    You consent to Vidyard’s, and its third-party subcontractors’, collection, use, storage, and disclosure of Your Biometric Data for the Permitted Purposes and any other purposes that you specifically consent to.

  3. Vidyard, and/or its third-party subcontractors, may retain Your Biometric Data as long as is necessary or relevant for the Permitted Purposes in accordance with the Notice and Policy above
  4. You have read and agree to Vidyard’s Biometric Information Notice and Policy set out above, as well as its privacy policy (available at www.vidyard.com/privacy/

If you choose not to consent and agree to the Notice and Policy or if we (or our third-party subcontractors) are otherwise unable to collect, use, store, disclose, or otherwise process Your Biometric Data, you understand and agree that you will not be able to create a Custom Avatar using the AI Avatars feature and will be unable to generate AI Generated Videos using a Custom Avatar.