Biometric Data Privacy And Retention Policy

Last Updated: December 13, 2023

This policy sets out the Biometric Data Privacy and Retention Policy for Playboy.com, Inc. and its subsidiaries and affiliates (collectively, “Playboy”, “we,” or “us,” or “our”). Defined terms have the same meanings as in our Terms of Use.

WRITTEN RELEASE FOR COLLECTION OF BIOMETRIC DATA (“BIPA Release”)

By accessing the Platform and agreeing to this BIPA Release:

You agree to the collection of your biometric data for Content moderation, identification, and fraud prevention purposes.
You represent that you have reviewed this Biometric Data Privacy and Retention Policy, and understand that your biometric data will be used, retained, protected, and destroyed in accordance with that policy.
You voluntarily consent to the collection, capture, storage, access to, use, possession, obtaining of, and/or disclosure or re-disclosure of your biometric data by Playboy, its vendors, and any of their subcontractors in accordance with this Biometric Data Privacy and Retention Policy. You provide this consent for purposes of ensuring compliance with privacy laws related to the collection of biometric data.

Creator Biometric Data Privacy and Retention Policy

Playboy has instituted the following policy related to any Biometric Data that Playboy collects, captures, receives, possesses, or otherwise obtains relating to Creators that utilize the Platform.

It is Playboy’s policy to ensure that Creator Biometric Data is used and handled in accordance with Biometric Laws, as defined below.

Biometric Data Defined

“Biometric Laws” means the Illinois Biometric Information Privacy Act, 740 Ill. Comp. Stat. 14/1, et seq., the Texas Capture of Use of Biometric Identifiers Act, Tex. Bus. & Com. §§ 503.001, et seq., the Washington Biometric Identifiers Act, Wash. Rev. Code §§ 19.375.020, et seq., and any other applicable international, federal, state, or local law or regulation governing the collection, possession, or use of biometric data, biometric information, or biometric identifiers.

“Biometric Data” means any biological characteristics of a person, or information based upon such a characteristic, including characteristics such as those defined as “Biometric Identifiers” and “Biometric Information” under Biometric Laws.

“Biometric Identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, or any additional characteristics defined as such under Biometric Laws.

“Biometric Information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual, or any additional characteristic or measurement defined as such under Biometric Laws.

Purpose for Collection, Storage, Use, and Transmission of Biometric Data Playboy has instituted certain procedures pursuant to which it collects, stores, uses, and transmits Biometric Data of Creators for Content moderation, identification, and fraud prevention purposes.

As identified in the Creator Biometric Data Privacy Policy and Written Consent, as part of the identification and fraud prevention processes, Playboy, through its vendor(s), uses software equipped with facial recognition abilities. The software scans a Creator’s, Member’s or other individual’s face geometry from your photograph(s) or video(s) for purposes of verification, in connection with Playboy’s identification functions, to ensure fraud prevention.

Playboy’s vendors and their third-party subcontractors can only access the data pursuant to Playboy’s instructions and authorizations. Playboy does not transmit the data to any other third parties.

Retention Schedule and Guidelines for Permanently Destroying Biometric Data Playboy shall retain a Creator’s Biometric Data only until, and shall request that its vendors and their subcontractors destroy such data when, the first of the following occurs:

The initial purpose for collecting or obtaining such Biometric Data has been satisfied, such as the termination of the Creator’s engagement with Playboy, or the Creator moves to a role within Playboy for which the Biometric Data is not used; or
Within 3 years of the Creator’s last interaction with Playboy.

If legal obligations require Playboy to retain Biometric Data for longer than the above, Playboy will destroy such data not later than the first anniversary of the date the data is no longer required to be maintained by law.

Data Storage Playboy shall use a reasonable standard of care to store, transmit, and protect from disclosure any paper or electronic Biometric Data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which Playboy stores, transmits, and protects from disclosure other confidential and sensitive information, including personally identifiable information as defined by applicable laws or regulations governing privacy, data security, and breach response.