Below is a sample notice and consent form. Customers (in conjunction with guidance from their own counsel) can use this form as a template to obtain consent from Drivers who have a driver-facing Dashcam in their vehicle that is equipped with our Face Match feature and/or any other Motive feature that collects information from individuals via Dashcams (such as Motive AI Dashcam and In-cab Driver Alerts) that might be argued to fit within the definition of "Biometric" Data. The definition of what constitutes "Biometric" Data varies by jurisdiction.
The areas in yellow are to be filled out according to the customer’s business needs and real-world application.
Motive does not warrant or represent that this notice meets all legal requirements for every jurisdiction with laws concerning consent for Customer Data or the use of Biometric Data. This sample letter is not intended as legal advice. Motive encourages customers to seek an individualized legal evaluation to determine which legal requirements may be applicable in their specific jurisdiction.
SAMPLE—NOT INTENDED AS LEGAL ADVICE
FOR INFORMATIONAL PURPOSES ONLY
“Biometric” Data Notice and Consent Form for Motive Dashcam Technology
[Customer] along with its affiliates and subsidiaries (“[Customer]”) uses driver-facing Dashcams supplied by Motive Technologies, Inc. (“Motive”). The technology (“the Dashcam technology”) may be deemed to collect, use, store, transmit, or otherwise process data considered “biometric” under certain laws. The purpose of this form is to advise you of and obtain your consent for the collection, use, storage, transmission, or processing of that data by [Customer], Motive, and the vendors of Customer and Motive who assist with the operation of the Dashcam Technology.
The Dashcam Technology can be and is used to help detect unsafe operation of vehicles; help identify individuals operating or riding in vehicles; help monitor the security of vehicles; and help more accurately track individuals’ use of and time spent in vehicles.
The Dashcam Technology may be enabled or disabled by [Customer] at [Customer]’s discretion. When enabled, the Dashcam Technology will scan and analyze video of the interior of the vehicle in which the Dashcam is mounted. The Dashcam Technology will extract data based on the objects and occupants inside the vehicle (in some cases, facial and body measurements and locations of the occupants). That data (the “Data”) may be considered biometric.
Where the Dashcam Technology is used for identification or potential identification (e.g., Motive Face Match), the Data extracted from the video collected by the Dashcam will be compared to face data templates (the “Templates”) that were created and associated with individuals when those individuals first used the Dashcam Technology or presented themselves or their photograph for scanning by Customer, Motive, or their vendors. Motive Face Match will then report whether there is a match between the occupant(s) of the vehicle and an identity associated with a Template.
Where the Dashcam Technology is used to help detect the unsafe operation of vehicles, the Data extracted from the video collected by the Dashcam will be processed by an algorithm to make inferences or determinations about the occupants of the vehicle, such as that a Driver is drowsy, that a Driver is using a mobile device while driving, or that a Driver is not wearing a seatbelt. Inferences and determinations may be used to generate an alert regarding the Driver.
Unless longer retention is permitted or required by law, [Customer] will retain your Data (including your Template) no later than [e.g., 30 days] from [your last day of employment or engagement with or work for Customer]. Unless longer retention is permitted or required by law, Motive will retain the Data (including your Template) until no later than [e.g., 30 days] from when Motive receives written notice from [Customer] that your employment or work with or for Customer has ceased, that Customer’s use of the Dashcam Technology has ceased, or that your Data should otherwise be deleted.
By signing below, you represent warrant, and agree that you received notice of and consent to the ongoing collection, use, transmission, and processing of your Data (which may include “biometric” data) for the specific purposes described above by and between Customer, Motive, and their vendors who assist with the operation of the Dashcam Technology.