Biometric Data Policy

Version: 12 November 2026

Performance Hub Inc, 251 Little Falls Drive, Wilmington, DE 19808, United States, provides software, hardware and AI tools that can support biometric processing. Contact our privacy team through support, by mail at that address, or by telephone on +1 (302) 244-5288. You do not need to be a paying customer to raise a privacy concern.

This policy supplements our Privacy Policy. The Surveillance, Audio and Biometric Terms address customers' use of the features, and the Data Processing Addendum governs processing on their behalf. A contract with a customer does not waive an individual's rights.

1. Information covered

Depending on the enabled feature, a system may process facial images, facial geometry or templates, biometric embeddings, comparisons, match scores and identifiers used to distinguish a person. A voice recording or transcript is not automatically a voiceprint; a feature that analyses voice characteristics to identify a person may involve biometric data. Local laws define these categories differently.

A template or persistent profile can be biometric or personal information even if the person's name is unknown. Calling a profile anonymous, a shadow profile or an internal identifier does not make it legally anonymous. An ordinary photograph may be treated differently from a template extracted from it, but that distinction does not remove applicable privacy duties.

Associated information can include enrolment details, source images, camera or access events, timestamps, review outcomes and identifiers connecting the record to a customer's system. Inferences about age, sex, ethnicity, emotion or other characteristics require their own legal assessment and may be restricted or prohibited.

2. Purposes and responsibilities

The customer operating a facility or deployment, or the controller for which the customer is authorised to act, determines whether and why to enable a biometric feature, subject to applicable law and the Agreement. Permitted purposes may include authorised identity verification, access administration or another specifically disclosed and lawful use. A generic desire to analyse visitors does not establish a lawful basis for every feature.

When we process biometric information on a customer's behalf, we act as a processor, subprocessor or applicable equivalent under authorised instructions and the relevant processing terms. Any processing for which we determine the purposes and means is subject to our own applicable controller or equivalent duties and the Privacy Policy. Where the law imposes duties directly on us because we collect, possess, hold or otherwise process the information, those duties remain ours. We do not treat the customer's instructions as permission to disregard them.

Neither accepting platform terms nor entering a monitored area automatically provides every required biometric consent. Before collection or enrolment begins — including creation of a template, watchlist or unnamed profile — the responsible operator must give the required information and obtain a valid written release, express consent or other legally permitted basis where applicable, and must not enable a biometric feature unless it can meet the applicable law. That information must explain the actual purposes, information, recipients, retention period or criteria, and available rights and alternatives. Consent from a guardian or other authorised representative is needed where the law requires it. The Customer Terms govern commercial responsibility between Performance Hub and its customers. They do not limit an individual's applicable privacy rights or remedies.

3. Restrictions on use and disclosure

We do not sell, lease, trade or otherwise profit from biometric identifiers or biometric information in a manner prohibited by applicable biometric law. Service provision does not create a right to use biometric information for unrelated advertising, an independent facial database or general model training. Any customer-directed model work involving personal data requires an expressly authorised lawful purpose and applicable processing terms.

Disclosures are limited to authorised processing arrangements and circumstances permitted by the governing law. Where disclosure requires an individual's consent, a statutory exception, a valid warrant or another specified condition, that condition must be met. A general supplier or integration clause does not override a stricter biometric disclosure restriction. In particular, customer consent to a service contract is not a universal permission for onward disclosure under every state's law.

Biometric categorisation, emotion inference, workplace monitoring and identification uses may be prohibited or allowed only under narrow exceptions. Customer consent does not override a prohibition. A feature must not be used where its lawful conditions cannot be met.

4. Locations and authorised access

Processing locations depend on the enabled feature and agreed deployment. Enterprise on-premise agents and models can process locally. Cloud agents communicating with local models transmit information between their cloud region and the local hardware. Only enabled Model Router destinations are available for routing or fallback. Separately configured storage, backups and integrations must be considered independently.

Performance Hub staff access for remote support must be initiated and authorised by the customer for the relevant purpose and scope. Access to biometric records must be limited to the people and service providers authorised for a lawful purpose, subject to applicable confidentiality and security requirements. We apply the reasonable care and protection required by law, including any requirement to protect biometric data at least as carefully as other confidential and sensitive information.

5. Retention and destruction schedule

Biometric information must not be kept simply because storage is available or a product setting permits a longer period. Retention is limited by the lawful purpose, the applicable statutory deadline, the customer's valid instructions and any stricter agreed restriction. The earliest applicable deletion requirement controls unless a legally valid exception requires a different result.

The deletion process must cover relevant templates, source records where required, duplicates, derived biometric identifiers and connected profiles. Deleting an image does not necessarily delete its template, and deleting a named profile does not necessarily delete an unidentified profile. Copies held in backups must be dealt with within the legal deadline and applicable deletion process; calling a copy a backup does not create an indefinite exception. If a backup is restored, required deletions must be reapplied.

For customer-controlled systems, the customer must operate the deletion tools and prevent a connected source from recreating a deleted profile without lawful authority. We perform the deletion required for information within our possession or control and assist customers as required by the processing agreement and law.

6. Rights and concerns

If a venue, employer or other organisation uses the feature in relation to you, its privacy notice should identify it and explain how to exercise your rights. Contact it about its deployment, and contact us if you need to raise a concern about our handling. We will identify our role and respond or assist the responsible customer as required by law; the customer's role does not remove duties that apply directly to us.

Depending on applicable law, you may have rights to information, access, correction, deletion, restriction, objection, withdrawal of consent, an alternative process or review of a significant automated decision. Withdrawal does not make earlier lawful processing unlawful, but further processing must have a valid basis. A biometric match or confidence score can be wrong; it should not be treated as conclusive proof of identity or wrongdoing.

Where the New Zealand Code applies, the responsible operator's notice must include the required information about alternatives, complaints, retention and the availability of its proportionality assessment or summary. You may complain to the New Zealand Privacy Commissioner about a matter within that office's jurisdiction. Other applicable regulators and statutory remedies remain available.

7. Changes

We may update this policy to reflect applicable law and actual processing. Required notice and consent must be obtained before a change that needs them. A policy update does not retrospectively authorise an earlier collection or extend an expired retention period.