Below is a sample notice and consent form that Customers who are using our Face Match feature, or any other Motive feature which you would like to receive consent to use Biometric data.
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 will meet all legal requirements for every jurisdiction with laws concerning consent for Customer Data or use of Biometric Data. This sample letter is not intended as legal advice. Motive encourages Customers to seek an individualized legal evaluation to determine what legal requirements may be applicable in your specific jurisdiction.
SAMPLE—NOT INTENDED AS LEGAL ADVICE
FOR INFORMATIONAL PURPOSES ONLY
“Biometric” Data Notice and Consent Form for Motive Face Match
[Customer] along with its affiliates and subsidiaries (“[Customer]”) uses driver-facing dash cam technology supplied by Motive Technologies, Inc. (“Motive”). The technology (“Motive Face Match”) 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 Motive Face Match.
Motive Face Match 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.
Motive Face Match may be enabled or disabled by [Customer] at [Customer]’s discretion. When enabled, Motive Face Match will collect video of the interior and occupants of the vehicle in which the dash cam is mounted. Motive Face Match scans and analyzes that video and extracts data (i.e., facial measurements) from that video that may be considered biometric (the “Biometric Data”). The Biometric Data extracted from that video will be compared to the templates (the “Templates”) that were created and associated with individuals when those individuals first used the dash cam 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.
Unless longer retention is permitted or required by law, [Customer] will retain your Biometric 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 your Biometric 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 Motive Face Match has ceased, or that your Biometric 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 Biometric Data for the purposes described above by and between Customer, Motive, and their vendors who assist with the operation of Motive Face Match.