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Effective URL: https://photobucket.com/legal/biometric-information-privacy-policy
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PHOTOBUCKET BIOMETRIC INFORMATION PRIVACY POLICY

Effective Date: July 22, 2024

1. INTRODUCTION

We care about your privacy and the security of your Biometric Information. This
Photobucket Biometric Information Privacy Policy (the “Biometric Policy”)
defines the rights you grant Photobucket.com, Inc. (“Photobucket,” “we,” “our,”
or “us”) regarding your Biometric Information, clearly describes how we collect,
retain, use, disclose and protect your Biometric Information, and outlines the
tools you have to exercise control over your Biometric Information. This
Biometric Policy, together with Photobucket’s Privacy Policy, Terms of
Use,Copyright and Intellectual Property Policy, and any other agreement between
you and Photobucket related to the Services (collectively, the “Agreements”) set
forth the terms on which Photobucket provides the Services to you. Capitalized
terms are defined below in our Privacy Policy or in our Terms of Use.

By agreeing to this Biometric Policy you grant Photobucket, to the extent
permitted by the laws of your region, the right to sell, lease, trade or
otherwise profit from the disclosure of your Public User Uploaded Content which
may contain Biometric Information that may be extracted.

2. DEFINITIONS

Biometric Information Definition: Biometric Information refers to data that
depict or describe physical, biological, or behavioral traits, characteristics,
or measurements of or relating to an identified or identifiable person’s body.
Biometric Information includes, but is not limited to, depictions, images,
descriptions, or recordings of an individual’s facial features, iris or retina,
finger or handprints, voice, genetics, or characteristic movements or gestures
(e.g., gait or typing pattern). Biometric Information also includes data derived
from such depictions, images, descriptions, or recordings, to the extent that it
would be reasonably possible to identify the person from whose information the
data had been derived. By way of example, both a photograph of a person’s face
and a facial recognition template, embedding, faceprint, or other data that
encode measurements or characteristics of the face depicted in the photograph
constitute Biometric Information. There are different definitions for biometric
information, or biometric data, under different state laws. Within this
Biometric Policy we generally adopt the Federal Trade Commission’s (“FTC”)
definition.

Legacy Free Account Definition: “Legacy Free Account” refers to the accounts for
services that Photobucket previously allowed users to sign up for which allowed
users to upload and store Content through the Photobucket Services free of
charge. See Terms of Use for more information about Legacy Free Accounts.

Paid Account Definition: “Paid Account” refers to the several paid options that
give the Subscriber more storage, image hosting and other services. See Terms of
Use for more information about Paid Accounts.

User Uploaded Content Definition: Our Services allow you to upload the most
commonly-used image and video files. These image files and video files, both in
their native uploaded form and any subsequently edited version stored with the
Services, are referred to individually and collectively as “User Uploaded
Content.” User Uploaded Content may be Private User Uploaded Content or Public
User Uploaded Content or Shareable User Uploaded Content.

Private User Uploaded Content Definition: In previous versions of Photobucket
Services, a Subscriber with an Account could mark an album containing User
Uploaded Content as “private” (“Private User Uploaded Content”).

Public User Uploaded Content Definition: In previous versions of Photobucket
Services, you could upload and share images and information by marking albums as
“Public”, allowing them to be viewed, copied, downloaded, or used by others. If
you intended to enable such interactions in this manner, others could: (a) tag,
describe, or comment on images, whether hosted by you or someone else; (b) make
comments on a forum; or (c) click an icon next to another user’s image or
comment to convey agreement, disagreement, or thanks. This content is referred
to as “Public User Uploaded Content” because you intended such public
interactions. The concept of “Public” from the past versions of Services offered
by Photobucket no longer exists for new uploads of User Uploaded Content as of
February 6, 2024. User Uploaded Content or albums in the current version of the
“Services that were Public User Uploaded Content” prior to February 6, 2024,
remains Public, for Legacy Free Accounts. User Uploaded Content uploaded as of
February 6, 2024, is not Public.

Sharable User Uploaded Content Definition: Albums and User Uploaded Content in
the current version of the Services that were uploaded from a Paid Account, are
not Public User Uploaded Content because they are shareable instead of Public
(“Sharable User Uploaded Content”). Public User Uploaded Content prior to
February 6, 2024, for Paid Accounts was converted to Shareable User Uploaded
Content as of February 6, 2024, because in the current version of the Services,
albums with User Uploaded Content can be shared by creating a link. This link
can be viewed by those with access to it and can also be password protected.
These links are referred to as “Sharing Links”. If you have questions about your
User Uploaded Content, please contact us at support@photobucket.com.

3. BIOMETRIC INFORMATION COLLECTED AND PURPOSE

Our Services include User Uploaded Content storage services which may involve
storing your Biometric Information. For instance, if you voluntarily upload a
photo containing your face to our Services, we will store it to provide the
Service you requested. By agreeing to our use of your Biometric Information you
grant Photobucket, to the extent permitted by the laws of your region,
commercialize, including the right to license your Public User Uploaded Content
to third parties for the scanning and processing of the Public User Uploaded
Content, including extracting physical features, e.g. measurements, of your
Biometric Information (e.g., face, iris, etc.), for the purpose of artificial
intelligence and machine learning training and the subsequent uses derived
therefrom. Outside the User Uploaded Content you store on our Services and
rights granted above, Photobucket does not collect, use, or store your Biometric
Information outside of in the form of User Uploaded Content. Photobucket will
not collect, use, store, disclose, or allow a third party to do any of these
activities, if you opt-out.

4. REGION SPECIFIC RESIDENT DISCLOSURE

Public User Uploaded Content from residents of California, Colorado,
Connecticut, Florida, Illinois, Montana, Oregon, Texas, Utah, Virginia,
Washington, and the European Union will not knowingly be sold, leased, traded,
or otherwise profited from even if a user agrees to its sale, lease, trade, or
otherwise profit from the disclosure of their Public User Uploaded Content. Out
of respect for your privacy, Photobucket limits the amount of geolocation
information it possesses; therefore, if you have become a resident of one of
these states since you last signed up for your Photobucket account, or if you
want to confirm your state residency with us, please contact us at
support@photobucket.com or update your user profile once logged into your
Account.

5. RETENTION AND STORAGE

If you provide us User Uploaded Content that contains your Biometric Information
we will retain and store that User Uploaded Content to provide the Service you
requested. Photobucket does not scan or process your User Uploaded Content to
extract your Biometric Information. Photobucket may allow a third party to
collect, use, and/or store your Biometric Information as explained in Section 3
(Biometric Information Collected and Purpose) above. In any agreement between
Photobucket and a third party to sell, lease, trade or otherwise profit from the
disclosure of your Biometric Information from your Public User Uploaded Content,
Photobucket will contractually require that the third party collect, store,
transmit, and protect your Biometric Information using a reasonable standard of
care that is at least as protective as the way Photobucket collects, stores,
transmits, and protects other confidential and sensitive personal information.
Additionally, in any agreement between Photobucket and a third party to sell,
lease, trade or otherwise profit from the disclosure of your Biometric
Information, Photobucket will contractually require that the third party, unless
otherwise required by law or court order, only retain the Biometric Information
until the initial purpose for collecting the Biometric Information has been
satisfied, unless legally required to keep it for a different period.

6. OPTING OUT AND QUESTIONS

Please click here or contact us at support@photobucket.com if you would like to
opt-out from granting Photobucket the right to sell, lease, trade or otherwise
profit from Biometric Information contained in your Public User Uploaded
Content. Opting out requires account deletion.

There is an initial opt-out period of forty-five (45) days from the Effective
Date listed above (“Initial Opt-Out Period”). During the Initial Opt-Out Period,
you can opt-out before any license or sale takes effect. Please note that if you
opt-out, Photobucket will delete your Account and all of your User Uploaded
Content. Therefore, if you decide to opt-out, please download and save any of
your User Uploaded Content you wish to keep and store.

After the end of the Initial Opt-Out Period, you will still have the option to
opt-out from granting Photobucket the right to sell, lease, trade or otherwise
profit from the disclosure of your Biometric Information contained in your
Public User Uploaded Content prospectively. If you do not opt out during the
Initial Opt-Out Period and we do provide your Public User Uploaded Content to a
third party, we cannot guarantee we can recall it, but it will not be further
sold, leased, traded, or otherwise profited from after the date we receive and
process your opt-out request.

If you have any questions about this Biometric Policy, please contact
Photobucket atsupport@photobucket.com.

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