Separate Explicit Consent for Biometric Processing and Withdrawal of Consent
SCOPE
Face matching in Momento is optional. The explicit consent (Art. 9(2)(a) GDPR) relates to the individual search that the visitor starts in order to find their own photos in the selected event gallery. It is not bundled with the Terms of Use, the cookie selection or the uploading of photos. The privacy notices and the consent statement are presented separately.
Before the search, the following are displayed: the name and contact details of the respective gallery operator, the gallery to be searched, the data processed, the purpose, the processing location, and the conditions for fleeting use and deletion. The proof of consent is linked to the respective search process, the displayed version of the privacy notices and the consent text. The selfie and face template are not stored as proof of consent. Non-biometric records of consent and processing are subject to a separate retention rule.
The processing location is currently the existing infrastructure on which Momento is operated. The migration of the applications to Hetzner in Germany is planned and has not yet been completed. Before the migration, or in the case of a different processing location or a new service provider, we will update the notices and obtain your explicit consent again for new search processes.
The controller is the gallery operator; Visual Memory Works GmbH (“VMW”) processes as a processor under Art. 28 GDPR. Further information is provided in the document “Face Recognition, Selfie and Biometric Data Processing Notice”.
SEPARATE CONSENT STATEMENT ON THE SEARCH SCREEN
The following text is used in a separate checkbox that is not preselected:
“I explicitly consent to my selfie and my biometric face data, which I provide for the search in order to find my own photos in this gallery, being processed solely for the duration of this search. The selfie and temporary face templates are deleted once the process is complete and are not included in backups. I can also use the gallery without face matching, within the access settings of the gallery operator. I can withdraw this consent at any time.”
Next to this statement there is a link to the gallery-specific “Privacy notice on face matching”. Without a selection, the matching is not started. If consent is not given, the temporary data collected for the search is deleted unused. Access to the gallery or album that does not require face recognition is displayed.
CANCELING THE SEARCH AND WITHDRAWING CONSENT
While processing is running, the “Cancel search” button is available. It ends the ongoing process and triggers the deletion of the temporary selfie and face templates. Because this biometric data is not stored after the process is complete, the earlier consent cannot be used for a later search; before a new search, consent is obtained again.
To withdraw your consent, you can use the contact details of the respective gallery operator. Requests concerning the gallery that are received by VMW are forwarded to the competent gallery operator; VMW itself handles requests concerning VMW’s own processing. The withdrawal takes effect for the future; the lawfulness of the processing carried out until then remains unaffected (Art. 7(3) GDPR). Removing the original photos from the gallery is a different request from withdrawing consent to face matching.
OTHER PEOPLE AND CHILDREN
The consent of the person searching does not extend to the processing of other people’s biometric data in the photos. The gallery operator separately provides the legal basis and information for processing that data. For children, no biometric search is started until the required procedure involving the legal representatives has been completed.
CONTACT
Visual Memory Works GmbH — provider and operator of CXR App
Elbestraße 10, 45768 Marl, Germany
E-mail (data protection requests, contact person: Prof. Ergün Kalaycı): erguen.kalayci@visualmemoryworks.de · General: info@visualmemoryworks.de · Phone: +49 2365 5033557 · WhatsApp: +49 172 5333358