Biometric Data Consent Policy

Last updated: July 13, 2026

Draft for counsel review. Items marked [LIKE THIS] are placeholders that must be completed or confirmed by an attorney — in particular for compliance with the Illinois Biometric Information Privacy Act (BIPA), the Texas CUBI statute, Washington's My Health My Data Act, and the California Consumer Privacy Act (CCPA/CPRA).

1. Why this policy exists

VideoPronto's "avatar double" feature creates a digital version of you that can appear and speak in your marketing videos. To build it, you upload face photos and record voice samples. The scans, embeddings, and voice models derived from those uploads can function as biometric identifiers — data that identifies you by your unique physical characteristics. Biometric data deserves the highest level of care, and several U.S. states regulate it specifically. This policy explains, in plain language, exactly what we collect, why, how long we keep it, and how it is destroyed.

This policy supplements our Privacy Policy and controls over it wherever the two address biometric data.

2. What we collect

Face photos you upload to create your avatar (and any reference frames derived from them);
Voice recordings you make or upload for voice cloning;
Derived biometric data: the face representations and the cloned voice model generated from your uploads;
Your consent record: the text of the consent you accepted, a timestamp, and your account identifier.

We collect biometric data only from you, only for your own avatar. Creating an avatar of another person is prohibited unless that person completes the same consent flow themselves or you hold documented, explicit written consent from them — and we may require proof.

3. Explicit written consent — captured in-app, before collection

We never collect face photos or voice recordings without your prior, explicit, written consent. Before your first upload, the app presents a consent screen that identifies the specific data being collected, the purpose (creating and operating your avatar double), and the retention schedule in Section 5. You provide consent by an affirmative act (checking an unchecked box and confirming), and we store a durable record of that consent — what you agreed to and when. You may withdraw consent at any time by deleting your avatar or your account (Section 5).

4. How your biometric data is used — and how it is not

Your face photos, voice recordings, and derived biometric data are used only to:

Create and render your avatar double in the videos you ask us to generate;
Create and operate your cloned voice with our voice provider (ElevenLabs) so your avatar can speak;
Maintain the avatar so you can reuse it across videos without re-uploading.

Your biometric data is never:

Sold, leased, traded, or otherwise disclosed for anyone's profit — under no circumstances;
Used to train our or anyone else's general-purpose AI models;
Used to identify you across other services, for surveillance, or for advertising targeting;
Shared with any third party except the processing providers strictly necessary to deliver the feature (Section 6), or where disclosure is required by valid legal process — in which case we will notify you unless legally prohibited.

5. Retention and deletion — the schedule

Our retention rule is simple: we keep your biometric data only as long as you keep your avatar.

While your avatar exists: your face photos, voice recordings, and derived data are retained so your avatar keeps working.
When you delete an avatar (available anytime in the app): we permanently delete the associated face photos, voice recordings, and derived biometric data from our systems within 30 days, and we issue deletion requests to our processing providers — including deletion of the cloned voice at ElevenLabs — within the same 30-day window.
When you delete your account: the same 30-day deletion applies to all avatars and all biometric data on the account.
Backstop: in no event will we retain biometric data more than 3 years after your last interaction with the Service, whichever comes first — deletion trigger or backstop. [COUNSEL: BIPA §15(a) requires the earlier of purpose-satisfied or 3 years from last interaction — confirm this schedule.]
Videos you already generated are yours and are not deleted by avatar deletion — rendered videos are finished creative works, not biometric identifiers. Delete them separately if you wish.

Deletion means permanent destruction or irreversible de-identification, including in backups on their normal expiration cycle.

6. Who processes your biometric data

ElevenLabs — receives your voice recordings to create and host your cloned voice. When you delete your avatar or account, we instruct ElevenLabs to delete the voice clone within the 30-day window.
Video generation providers (via kie.ai) — receive reference frames derived from your photos in order to render your avatar in scenes you request.
Our hosting provider — stores uploads and derived data encrypted at rest. [HOSTING PROVIDER NAME]

Each provider is bound by agreements restricting use of your data to providing the service to us, prohibiting sale or independent use, and requiring deletion on our instruction. We will not add a new category of biometric processor without updating this policy and, where required by law, obtaining your renewed consent.

7. How we protect it

Biometric data is stored using at least the standard of care we apply to our most sensitive data and no less than industry standard for confidential information: TLS in transit, encryption at rest, access restricted to personnel who need it to operate the feature, and audit logging of access to biometric storage.

8. Your rights

Withdraw consent / delete: delete any avatar, or your whole account, in-app at any time — no fee, no questions, 30-day destruction including provider-side clones.
Access: request a copy of the biometric-source material we hold (your photos and recordings) and our consent record.
Know: under the CCPA/CPRA, biometric data is "sensitive personal information"; you have the right to know what we collect and to limit its use — our use is already limited to what this policy describes, and we do not sell or share it.
Non-discrimination: exercising these rights never affects your access to the rest of the Service — only the avatar feature, which requires the data to function.

To exercise any right: in-app controls, or [email protected].

9. Illinois, Texas, Washington, and other regulated states

If you are a resident of a state with a biometric privacy statute (including Illinois BIPA and Texas CUBI), this policy is intended to serve as the publicly available written policy those laws require, including the retention schedule and destruction guidelines in Section 5, and the in-app consent flow is intended to satisfy their written-consent requirements. [COUNSEL: verify state-by-state sufficiency, and whether the avatar feature should be geo-gated pending review.]

10. Changes

If we materially change how biometric data is collected, used, retained, or shared, we will notify you and obtain fresh consent before the change applies to your existing biometric data. Lesser changes will be posted here with an updated date.

11. Contact

[email protected] · [COMPANY LEGAL NAME], [REGISTERED ADDRESS].