Mixbook Biometric Notice and Consent

This Notice and Consent for the Collection of Biometric Information ("Notice") supplements and should be read in conjunction with the Mixbook Privacy Policy. It describes how Interactive Memories, Inc. ("Mixbook," "we," "us," or "our") collects and processes biometric information in connection with the Services provided by Mixbook. Capitalized terms not defined in this Notice have the same meaning provided in our Privacy Policy.

By providing your consent, you acknowledge that you have read this Notice, that you understand the information provided and that you agree to the collection and processing of your Biometric Information by Mixbook in accordance with the terms of this Notice.

Where you provide us with the personal information of third parties, such as your friends or other contacts, it is your responsibility to (1) inform them about our processing of their personal information in accordance with this Notice and (2) confirm that they have given you their permission to allow us to collect, use and disclose their personal information as provided in this Notice.

1. Biometric Information

Biometric information is a form of personal information related to biometric characteristics or measurements which may be used to identify a person. As used in this Notice, "Biometric Information" includes "biometric identifiers" or "biometric information" as defined under applicable law, and is considered to be sensitive personal information as defined under applicable law.

Our new Mixbook feature uses facial recognition technology to help you organize, enhance, and tell stories with your photos. When you upload images, we may process certain Biometric Information, such as facial features, patterns, and embeddings, to identify when the same person appears across different photos in your collection and for the purposes described in Section 3 of this Notice. When we reference Biometric Information in this Notice, we are referring to such personal information derived from the photos, videos, or other recordings that you upload through the Services.

2. How and What Biometric Information Do We Collect?

When you enable facial recognition features within the Services, we collect and process the following categories of Biometric Information from the photos and videos you upload: facial feature vectors and embeddings, face match identifiers, and related metadata we derive from the photos and videos.

3. How Do We Use Your Biometric Information?

We use your Biometric Information solely to provide and enhance your experience within the Services, including to identify when the same person appears across different photos in your collection, group similar photos, suggest tags, identify individuals in memory stories, and enable personalized artwork and storytelling experiences.

We do not use your Biometric Information for advertising, surveillance, identity verification, authentication, or any purpose other than enhancing your personal experience within the Services.

4. Do We Share or Disclose Your Biometric Information?

We will only share your Biometric Information in the following circumstances:

• With other third parties where permitted by law to (1) enforce our legal rights, (2) to comply with legal obligations, or (3) to cooperate with law enforcement agencies when required by a subpoena, warrant, or other court ordered legal action, or (4) to prevent harm, loss, or injury to others.
• To business transferees, such as acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Mixbook (including in connection with a bankruptcy or similar proceedings).
• To our third-party service providers that perform the following functions on our behalf: cloud hosting and infrastructure, data storage and processing, artificial intelligence and machine learning, software development and maintenance, analytics and performance monitoring, quality assurance and testing, information security and cybersecurity. All third-party service providers receiving Biometric Information are contractually required to maintain such information in a secure fashion and to implement and maintain appropriate safeguard measures. Our third-party service providers are prohibited from using your Biometric Information for any purpose other than assisting in our provision of the Services.

5. Do We Sell Your Biometric Information?

We do not sell your Biometric Information. We will transfer your Biometric Information to third parties only as described in Section 4 of this Notice.

6. How Long Does Mixbook Retain My Biometric Information?

Mixbook will retain Biometric Information only until the occurrence of the first of the following: (a) The initial purpose for collecting or obtaining such Biometric Information has been satisfied; (b) three (3) years following your last interaction with Mixbook; or (c) you withdraw your consent to the processing of your Biometric Information by contacting us at privacy@mixbook.com.

Once any of the above events has occurred, we will securely dispose of your Biometric Information and will notify our third-party service providers to do the same, as applicable.

Please note that destroying your Biometric Information does not automatically delete the content within your account that was organized or created using your Biometric Information. This content will remain in your account unless you separately choose to delete it. If you wish to delete both your Biometric Information and all content associated with facial recognition, you may do so by requesting full account deletion or by deleting all of your personal information as described in our Privacy Policy.

7. Your Privacy Rights

Depending on where you live, you may have the following privacy rights and choices:

Access and rectification of your information. You may request access to the Biometric Information we collected about you and rectification of your Biometric Information that is incomplete or inaccurate.

Withdraw your consent. You may have the right to withdraw your consent to the use or disclosure of your Biometric Information. Please note that withdrawing your consent to the processing of your Biometric Information may limit certain features of the Services available to you as no further facial recognition-based grouping, matching, or personalization based on your Biometric Information will occur, and previously face-grouped content will no longer be updated or refined based on facial recognition.

You may have additional privacy rights based on the applicable law in the jurisdiction where you reside. Please refer to our Privacy Policy for more information. You may exercise your privacy rights by contacting us at privacy@mixbook.com. We may ask for specific information from you to help us confirm your identity.

8. Can I Refuse to Provide My Biometric Information?

Yes. Facial recognition features within the Services are only activated with your explicit permission. If you choose not to consent to the collection of your Biometric Information, you may still use other features of the Services that do not require facial recognition. However, certain features that depend on facial recognition technology will not be available to you.

9. What Kind of Storage and Security Measures Do You Use With My Biometric Information?

We are committed to protecting your Biometric Information. We use reasonable organizational, physical, technical, and administrative measures designed to protect against unauthorized access, misuse, loss, alteration, disclosure, destruction and any other breach of the protection of your Biometric Information.

For example, we use data encryption for data in transit and at rest, strict access control, internal governance policies and processes, regular audits and testing, contractual provisions with our third-party service providers.

For information regarding international data transfers of personal information, please refer to our Privacy Policy.

Please note that no data transmission or storage can be guaranteed to be 100% secure.

10. Changes to this Notice

We reserve the right to modify this Notice at any time. If we make material changes to this Notice, we will notify you by updating the date of this Notice and posting it on the Services or on our website. We may, and if required by law will, provide notification of changes in another way that we believe is reasonably likely to reach you, such as through the Services.

Any modifications to this Notice will be effective upon our posting the new terms to our website and/or upon implementation of the new changes on the Services and on our website (or as otherwise indicated at the time of posting). In all cases, we will ask you to consent to the terms of the modified Notice.

11. Contact

If you have any questions or comments about this Notice, our privacy practices, or if you would like to exercise your rights with respect to your Biometric Information, please email us at privacy@mixbook.com.

If you have any other questions about the processing of your other personal information, you may also consult our Privacy Policy.