Second Innings Biometric Data Policy

IMPORTANT NOTICE - PLEASE READ

SECOND INNINGS AND ITS SERVICE PROVIDERS ANALYZE THE FACES IN YOUR PROFILE PHOTOS AND VERIFICATION SELFIES. THIS ANALYSIS CREATES AND USES BIOMETRIC IDENTIFIERS AND BIOMETRIC INFORMATION, SUCH AS SCANS OF FACE GEOMETRY AND FACE TEMPLATES. We do this for safety, fraud prevention, and verification, as described below. We collect, use, store, and disclose this data only with your consent, which you give by checking the box at signup or sign-in, and only as described in this Policy. WE DO NOT SELL, LEASE, OR TRADE YOUR BIOMETRIC DATA OR OTHERWISE PROFIT FROM IT.

1. ABOUT THIS POLICY

1.1 What this Policy is. This Biometric Data Policy (this "Policy") explains how Second Innings, Inc. ("Second Innings," "we," "us," or "our") collects, uses, stores, discloses, retains, and destroys Biometric Data in connection with the Services. It is our publicly available written policy for purposes of Section 15(a) of the Illinois Biometric Information Privacy Act (740 ILCS 14/15(a)), and it is the written notice we provide before collecting Biometric Data under Section 15(b) of that Act and other applicable laws.

1.2 Part of the Agreement. This Policy is incorporated into our Terms of Service and forms part of the "Agreement" described in Section 1.3 of the Terms. Capitalized terms that are not defined here, such as "Services" and "AI Features," have the meanings given in the Terms. Our Privacy Policy explains how we handle personal information generally. If this Policy and the Privacy Policy address the same Biometric Data differently, this Policy controls for that Biometric Data.

1.3 Definitions.
(a) "Biometric Data" means any information, regardless of how it is captured, converted, stored, or shared, that is based on or derived from an individual's face or other physical characteristics and that is used or could be used to identify that individual, including "biometric identifiers" and "biometric information" under the Illinois Biometric Information Privacy Act, "biometric identifiers" under Texas Business and Commerce Code Section 503.001, "biometric identifiers" under Revised Code of Washington Chapter 19.375, "biometric identifiers" and "biometric data" under the Colorado Privacy Act, "biometric data" under Article 4(14) of the EU and UK General Data Protection Regulations, and similar terms under other applicable laws. Examples include scans of face geometry, face templates and face vectors, facial landmark measurements, and hand geometry measurements.
(b) "Face Analysis" means the automated processing of the faces in photos, selfies, video, and video frames described in Section 3.
(c) "Verification Media" means the selfie images, short video, and video frames you capture in the app for a verification or liveness check.

1.4 Photos are not themselves Biometric Data. Your profile photos and Verification Media are personal information covered by our Privacy Policy. They become a source of Biometric Data when we or our service providers analyze them as described here. This Policy covers the Biometric Data, and also explains how long we keep Verification Media because we keep it for the same purposes.

2. SUMMARY

• What: Face geometry, face templates, facial landmarks and attribute estimates, liveness signals, face-match scores, age estimates, and related results derived from your profile photos and Verification Media.
• Why: To keep members safe, prevent fraud and impersonation, detect duplicate or banned accounts, check that selfies are live and match profile photos, estimate age to help keep minors off the Services, and award verification badges.
• Who processes it: Second Innings and service providers acting on our behalf, currently Amazon Web Services (including Amazon Rekognition) and EveryPixel.
• Sale: Never sold, leased, traded, or used to profit. Not used for advertising.
• How long: Until the purpose is satisfied (at the latest when the photo is deleted or your account is closed) or within 3 years of your last interaction with us, whichever comes first. Shorter limits apply where the law requires them.
• Consent: Given through the checkbox at signup or sign-in. You can withdraw it by deleting your account or by emailing privacy@secondinnings.app.

3. WHAT BIOMETRIC DATA WE COLLECT AND HOW

We may collect and generate Biometric Data through the following Face Analysis features. Features may be added, changed, or removed over time; if we begin using Biometric Data for a new purpose that is not described here, we will update this Policy and ask for your consent where the law requires it.

3.1 Profile photo analysis and face indexing. When you upload a profile photo, our systems and our service provider detect the faces in it and may create a face template (a numerical representation of face geometry) for each detected face. Face templates are stored in a face collection hosted by our provider and are linked to your account and the photo. We may also record related results, such as the number of faces in a photo.

3.2 Duplicate-account and banned-account detection. We periodically compare newly created face templates against face templates from other accounts to find accounts that may belong to the same person, for example someone holding more than one account or returning after a ban. Possible matches, with a similarity score, are recorded for review by authorized personnel. A possible match is a signal for review, and verification and fraud tools can be wrong.

3.3 Public figure image detection. We may use our provider's celebrity and public figure recognition to detect profile photos that appear to show a well-known person, to help prevent impersonation and the use of photos that are not of you.

3.4 Selfie and liveness verification. When you take part in photo verification, the app captures Verification Media using your device's front camera (audio is not recorded). Our systems and our provider analyze it to check that a real, live person is present and that the capture is not a photo of a photo, a screen, a mask, or another spoof. This may include face detection, facial landmark measurements, head-pose and movement analysis, blink and expression checks, anti-spoofing models, and analysis of hand position and hand landmarks when we ask you to make a gesture. Some of this analysis is performed by machine-learning models that we run on our own servers, which are hosted by Amazon Web Services.

3.5 Photo-to-selfie comparison. We compare the face in your verification selfie with the faces in your profile photos to check that they appear to be the same person. This produces similarity scores and comparison results.

3.6 Facial attribute estimates. Face Analysis tools may return estimates of characteristics of a face, such as an estimated age range, apparent gender, facial expression, whether the eyes are open, whether glasses are worn, head pose, and image quality. These estimates may be stored with verification results.

3.7 Age estimation. We may use automated age estimation on your verification selfie or photos to help confirm that members are adults. An estimate suggesting that a member may be under 18 may lead to review, additional verification, or restrictions, as described in Section 2.3 of the Terms.

3.8 On-device face detection. During a verification check, the app uses a face detection model built into the app to find your face in the camera view, guide you through the steps (for example, blinking, smiling, or turning your head), and select the best frames. This processing happens on your device. The app sends us only the Verification Media it selects for the check, and temporary copies on your device are deleted after a successful upload.

3.9 Other people in your photos. Photos on your profile must be of you (Terms Section 3.2). If a photo you upload includes other people, Face Analysis may detect and analyze their faces too. Do not upload photos of other people unless you have their permission. If you are not a member and believe your face appears in a member's photo, contact privacy@secondinnings.app.

3.10 Related photo checks. We also use automated tools to review photos for nudity and other policy violations and to compare photos with images publicly available on the web (reverse image search, which may use Google Cloud Vision). These checks help detect stolen and misleading photos. They are described in our Privacy Policy, and where they generate Biometric Data, this Policy applies to it.

3.11 What we do not collect. We do not collect fingerprints, voiceprints, retina or iris scans, or DNA through the Services. We do not use Face Analysis to categorize members by race, ethnicity, religion, political opinions, trade union membership, sex life, or sexual orientation.

4. WHY WE USE BIOMETRIC DATA

4.1 Purposes. We collect, use, and store Biometric Data only for the following purposes (the "Purposes"):
(a) Safety and fraud prevention: detecting and preventing fake, duplicate, impersonating, and automated accounts, romance and financial scams, catfishing, the use of stolen photos, and the return of banned members;
(b) Verification: confirming that a member is a live person and that their selfie appears to match their profile photos, and displaying verification badges (a badge is an automated photo check only, not an identity or background check: see Terms Section 6.3);
(c) Age assurance: helping to keep people under 18 off the Services;
(d) Investigations and enforcement: reviewing reports, appeals, and suspected violations of the Agreement, and supporting decisions to restrict, suspend, or terminate accounts; and
(e) Legal compliance: complying with applicable law, and responding to a valid warrant, subpoena, or other legal process.

4.2 Ongoing purposes. These Purposes protect members on a continuing basis, so they continue for as long as you have an account and the relevant photo or Verification Media remains on the Services. They are satisfied, at the latest, when the photo is deleted or your account is closed, as described in Section 9.

4.3 What we do not do. We do not use Biometric Data for advertising or marketing, we do not share it with advertising partners, and we do not use it to train generalized AI models that are made available to third parties.

5. YOUR CONSENT

5.1 How you consent. Before you create an account or sign in with the current version of the app, we ask you to check a box next to this statement:

"I agree to the Terms of Service, Privacy Policy and Biometric Data Policy, including face analysis of my photos and selfies for safety, fraud prevention and verification."

The statement links to this Policy. By checking the box, you (a) acknowledge that you have been informed in writing that Biometric Data is being collected and stored, of the specific Purposes for which it is collected, stored, and used, and of the length of time for which it is collected, stored, and used, as set out in this Policy; (b) consent to the collection, use, storage, and retention of your Biometric Data, and to its disclosure to and processing by our service providers acting on our behalf, as described in this Policy; and (c) provide a written release, executed electronically, for purposes of 740 ILCS 14/15(b) and other applicable laws. Your checkbox selection is an electronic signature.

5.2 Record of consent. We keep a record of your consent, including the version of this Policy and of the consent statement you accepted, the date and time, your IP address, platform, app version, and language, as evidence of your consent. That record is retained as described in our Privacy Policy.

5.3 Changes requiring new consent. If we materially change how we collect, use, disclose, or retain Biometric Data, we will update this Policy and ask you to accept the updated version in the app before continuing to use the Services where the law requires it.

5.4 If you do not consent. Face Analysis is part of how we keep the Services safe and verify photos. If you do not check the box, you will not be able to create an account or sign in.

6. WITHDRAWING YOUR CONSENT

6.1 How to withdraw. You may withdraw your consent at any time by:
(a) deleting your account in the app settings (Settings, then Remove Account), which withdraws your consent and starts the deletion process described in Section 9; or
(b) emailing privacy@secondinnings.app from the email address associated with your account (or including the phone number associated with your account) with the subject line "Withdraw biometric consent."

6.2 What happens. After we receive a valid withdrawal, we will stop collecting Biometric Data from you and will destroy the Biometric Data we hold about you in accordance with Section 9. Withdrawal does not affect the lawfulness of processing before the withdrawal.

6.3 Consequences. If you withdraw your consent, verification features, including photo verification, liveness checks, and verification badges, will be unavailable to you. Because Face Analysis of profile photos is part of how we protect all members, we may be unable to continue providing some or all of the Services to you, in which case we may close your account. We will tell you if that is the case.

7. NO SALE; LIMITED DISCLOSURE

7.1 No sale or profit. WE DO NOT SELL, LEASE, TRADE, OR OTHERWISE PROFIT FROM YOUR BIOMETRIC DATA.

7.2 Limited disclosure. We do not disclose, redisclose, or otherwise disseminate Biometric Data to anyone, except:
(a) to service providers that process it on our behalf and under our instructions to provide the Face Analysis features described in this Policy, as you consent to in Section 5;
(b) when the disclosure is required by federal, state, or local law or by applicable law in another country; or
(c) when the disclosure is required by a valid warrant or subpoena issued by a court of competent jurisdiction.

7.3 Within Second Innings. Access to Biometric Data, Verification Media, and verification results inside Second Innings is limited to authorized personnel and contractors who need it for the Purposes, such as reviewing verification outcomes, investigating reports, fraud, and possible duplicate accounts, handling appeals and support requests, and complying with law. They are bound by confidentiality obligations.

8. SERVICE PROVIDERS

8.1 We currently use the following service providers for Face Analysis. We may change providers from time to time and will update this Policy when we do.

8.2 Service providers may keep data for limited periods under their own terms, for example for security, abuse prevention, or legal compliance. We choose providers that maintain appropriate security for this kind of data.

9. RETENTION SCHEDULE AND DESTRUCTION GUIDELINES

9.1 General rule. We permanently destroy Biometric Data when the initial purpose for collecting or obtaining it has been satisfied, or within 3 years of your last interaction with Second Innings, whichever occurs first. Your "last interaction" means the last time you signed in to or used the Services. Shorter periods apply where Section 12 or applicable law requires them.

9.2 Schedule.

9.3 Account closure. When you delete your account, it enters a grace period (currently 14 days, see Terms Section 21.1) during which your profile is hidden and you can cancel the deletion by signing in again. After the grace period, our daily deletion process removes the Biometric Data and Verification Media held in our systems and deletes the face templates from our provider's face collection. If a deletion step fails, it is retried automatically until it succeeds. Biometric Data is not copied to the limited records we keep after account deletion for financial, safety, and legal purposes, which are described in our Privacy Policy.

9.4 Accounts we close. If we suspend or terminate an account, the same retention rules apply. To enforce bans, we keep only one-way cryptographic hashes of identifiers such as email address, phone number, and device identifiers. These hashes are not Biometric Data.

9.5 Residual copies. Copies that may exist in backup, disaster-recovery, or logging systems are deleted or overwritten in the ordinary course of those systems' regular cycles and are not used for any Purpose in the meantime.

9.6 Legal process. We will retain specific Biometric Data beyond this schedule only where required by a valid warrant or subpoena issued by a court of competent jurisdiction or otherwise required by applicable law, and only for as long as required. Profile photos and other content that we must preserve as evidence for child safety purposes are handled under our Child Safety Standards; we do not create new Biometric Data from them for that purpose.

9.7 How we destroy. Destruction means permanent deletion from our systems and from our service providers' systems that we control through our account, using deletion methods that make the data unrecoverable in the ordinary course.

10. HOW WE PROTECT BIOMETRIC DATA

10.1 Standard of care. We store, transmit, and protect Biometric Data from disclosure using the reasonable standard of care within our industry, and in a manner that is the same as or more protective than the manner in which we store, transmit, and protect other confidential and sensitive information.

10.2 Measures. Our measures include encryption of data in transit, role-based access controls, mandatory multi-factor authentication for administrative access, limiting access to personnel who need it for the Purposes, storing face templates in a dedicated provider-managed face collection rather than in our general databases, monitoring and logging, and contractual and technical controls on service providers. No method of transmission or storage is completely secure, and we cannot guarantee security (Terms Section 19.1).

10.3 Incident response. If we become aware of a suspected security incident affecting Biometric Data, we will promptly investigate and take steps to contain it, assess its scope and the individuals affected, remediate its cause, and notify affected individuals, regulators, and others as and when required by applicable law. Report suspected security issues to legal@secondinnings.app.

11. YOUR RIGHTS AND CHOICES

11.1 Depending on where you live, you may have the right to know whether we process your Biometric Data, to access it and receive information about its source, the Purposes, and the categories of service providers that process it, to request its deletion, and to withdraw consent. Send requests to privacy@secondinnings.app. We will verify your identity before acting on a request and respond within the time required by law. You may also use the "Download my data" option in the app's privacy settings, and delete your account at any time.

11.2 Face templates are numerical data that are only meaningful to the system that created them. In response to an access request, we may describe the Biometric Data we hold rather than provide raw templates where providing them is not technically feasible or would create a security risk, as permitted by law.

11.3 We will not discriminate against you for exercising your privacy rights, although some features, such as verification, require Biometric Data to work (Section 6.3).

12. STATE AND REGIONAL TERMS

12.1 Illinois. This Policy is our written policy under 740 ILCS 14/15(a), establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for collecting or obtaining them has been satisfied or within 3 years of the individual's last interaction with us, whichever occurs first. Absent a valid warrant or subpoena issued by a court of competent jurisdiction, we comply with this retention schedule and these destruction guidelines. We obtain the written release described in Section 5 before collecting Biometric Data, we do not sell, lease, trade, or otherwise profit from it (Section 7.1), we disclose it only as described in Section 7.2, and we protect it as described in Section 10.1.

12.2 Texas. For Texas residents, we capture biometric identifiers only after informing you and receiving your consent (Section 5). We do not sell, lease, or otherwise disclose your biometric identifiers to another person except as permitted by Texas Business and Commerce Code Section 503.001. We protect them with reasonable care in a manner at least as protective as for our other confidential information, and we destroy them within a reasonable time, and in any event no later than the first anniversary of the date the purpose for collecting them expires, except as otherwise permitted by that Section.

12.3 Washington. For Washington residents, we enroll biometric identifiers for a commercial purpose only after providing notice and obtaining your consent (Section 5). We do not sell, lease, or otherwise disclose them except as permitted by RCW 19.375.020, and we retain them no longer than reasonably necessary to provide the Services, protect against or prevent fraud, criminal activity, claims, security threats, or liability, or comply with law. Biometric Data may also be "consumer health data" under the Washington My Health My Data Act; see our Consumer Health Data Privacy Policy at secondinnings.app/consumer-health-data-policy.

12.4 Colorado. For Colorado residents, this Policy is our written biometric identifier policy under the Colorado Privacy Act. In addition to Section 9, we delete biometric identifiers no later than the earliest of: (a) the date the initial purpose for collecting them has been satisfied; (b) 24 months after you last interact with us; and (c) the earliest reasonably feasible date, which is no more than 45 days after we determine that storage is no longer necessary, adequate, or relevant to the Purposes, unless the law permits an extension. Section 10.3 is our incident response protocol for Biometric Data. You may request the information described in Section 11.1, and we will not sell, lease, trade, or otherwise disclose your biometric identifiers except as permitted by that Act.

12.5 California and other US states. Biometric information processed to identify a person is "sensitive personal information" or "sensitive data" under the California Consumer Privacy Act and other state privacy laws. We process it with your consent and only for the Purposes, which relate to security, integrity, fraud prevention, safety, and verification. We do not sell or "share" it (as those terms are defined in the California Consumer Privacy Act) and do not use it to infer characteristics about you. See our Privacy Policy for your rights under these laws.

12.6 European Economic Area, United Kingdom, and Switzerland. Biometric Data processed for the purpose of uniquely identifying a person is a special category of personal data. Second Innings, Inc. is the controller. Our legal basis is your explicit consent (Article 9(2)(a) and Article 6(1)(a) GDPR and UK GDPR), and, where applicable, the establishment, exercise, or defense of legal claims (Article 9(2)(f)). You may withdraw consent at any time (Section 6). Biometric Data is processed in the United States and other countries where we and our providers operate, under the transfer safeguards described in our Privacy Policy. You also have the rights described in our Privacy Policy, including the right to lodge a complaint with your local data protection authority.

12.7 India. For users in India, we process Biometric Data on the basis of your consent under the Digital Personal Data Protection Act, 2023, given through the notice and checkbox described in Section 5. You may withdraw consent as easily as you gave it (Section 6), and you may exercise your rights as a Data Principal by contacting our Grievance Officer: Amit Pandya, privacy@secondinnings.app, Second Innings, Inc., 9206 Sunshine Pl, Downey, CA 90240, USA. If your grievance is not resolved, you may approach the Data Protection Board of India.

12.8 Other places. Where the law where you live sets a shorter retention period or a stricter requirement for Biometric Data than this Policy, we follow that law for your Biometric Data.

13. CHANGES TO THIS POLICY

We may update this Policy from time to time. We will post the updated Policy at secondinnings.app/biometric-policy and change the "Last Updated" date. If we make a material change, we will notify you in advance and ask you to accept the updated Policy in the app where the law requires it (Section 5.3).

14. CONTACT

• Biometric and privacy questions, consent withdrawal, and rights requests: privacy@secondinnings.app
• Security incidents and legal notices: legal@secondinnings.app
• General support: support@secondinnings.app

Second Innings, Inc., 9206 Sunshine Pl, Downey, CA 90240, USA