Biometric Processing Policy & Terms for Device-Based Access (the “Biometric Access Terms”)

The Chamberlain Group, LLC and its subsidiaries (collectively “CG”) provide certain products that offer users the ability to use biometric and facial recognition capabilities and features for authentication and access control (“Biometric Access”). These Biometric Access Terms apply to any use of the Biometric Access features on any CG Product or Service (as such terms are defined in the Chamberlain Terms available at https://www.myq.com/terms-of-use) (the “Terms”) that link or reference these Biometric Access Terms. Capitalized terms not defined in these Biometric Access Terms shall be as defined in the Terms. These Biometric Access Terms apply to all individuals that have consented to the Biometric Access Terms, whether a device owner, guest, or other party. By agreeing to these Biometric Access Terms, you also agree to the Terms.

By providing your consent to these Biometric Access Terms, you expressly consent to the collection, capture, retention, and other processing of your biometrics – including mathematical representations of your face and fingerprints – and to the use of facial recognition technology in connection with your use of Biometric Access features of the Products and Services. You acknowledge and agree that Biometric Access features may use artificial intelligence and machine learning technologies.

Biometric Access features are only for personal, residential (non-commercial) use and may only be used in accordance with all applicable laws and regulations. Depending on where you live, the laws in effect in your jurisdiction, and how you configure CG’s Products and Services, you may need to obtain explicit consent from individuals before using CG Products or Services to create, save and analyze video, audio, or photographic images of them (including to conduct biometric processing of their images) or provide notice informing visitors to your home that certain CG Products or Services are in use. By using any Biometric Access features, you warrant that you will only use such features in accordance with all applicable laws and regulations and agree to release and hold CG and its vendors harmless from any claims arising in connection with your breach or alleged breach of these Biometric Access Terms.

Biometric Access features may not be used in Illinois or Texas or where prohibited by applicable law or regulation. Illinois and Texas residents are prohibited from using Biometric Access features at this time. You expressly acknowledge and agree that Biometric Access features may be unavailable, restricted, or prohibited in additional jurisdictions from time to time and CG reserves the right to modify, disable, and/or restrict the availability of such features on any Product or Service at any time.

If you use Biometric Access features, you understand and agree that these features are designed to use facial recognition technology that collects and stores certain aspects of an individual face, which may be considered to include a scan of facial geometry (and, if a fingerprint is used for Biometric Access, a scan of a fingerprint or hand geometry) or other collection or processing of biometrics under certain laws. Such collected data is used for authentication purposes to allow authorized individuals access to, and egresses from, a physical location.

Biometric processing of images/fingerprints for Biometric Access under these Biometric Access Terms occurs locally on the device. CG and its service providers, vendors, and agents may, however, receive, process, and store notification or confirmation of the results of an access attempt as a result of the processing of your biometrics on your device, such as in the form of a notification, a tag, or indication of access granted or denied. When you enroll and scan your face or finger(s) for Biometric Access, you expressly consent to CG and its service providers, vendors, and agents storing, disclosing and otherwise processing these notifications, tags, and indications of access granted or denied, as well as photographs and videos of you, all of which will be processed as described in the CG Privacy Policy available at https://chamberlaingroup.com/privacy-notice.

If you choose to enable Biometric Access on your device, you can control how these features are used or disable these features at any time. For example, you can specify which of your devices will use these features. A device owner can cause the deletion of any biometrics stored on the device owner’s device by following the instructions within the myQ app.