MODEL RELEASE RIDER TO GETTY IMAGES PRIVACY POLICY

Last updated: January 2022

This Model Release Rider ("Rider") shall amend and be incorporated by reference into the Getty Images Privacy Policy located at https://www.gettyimages.com/company/privacy-policy ("Privacy Policy") and shall apply to the personal information you may provide to Getty Images as a model in any Photoshoot.

  1. Definitions

    1. "Assigns" means the photographer/filmmaker and other assigns which may include a person or company to whom rights under an applicable Model Release have been assigned or licensed as well as the licensees of any such person or company.
    2. "Biometric Data" means personal data derived from the Content that represents (numerically, geometrically, or otherwise) a natural person's physical, physiological or behavioral features or characteristics.
    3. "Content" means all photographs, film, audio, or other recording, still or moving, taken of you as part of the Photoshoot.
    4. "Model Release" means that certain version of the liability waiver and rights grant agreement which you signed by virtue of your participation in a Photoshoot, and which has been submitted to Getty Images as an Assign.
    5. "Photoshoot" means any photographic, film or recording session that you take part in for which you have signed a Model Release.
    6. "Special Category Data" means personal data associated with or provided by you (and may include information which could be inferred), for example racial or ethnic origin; sexual orientation, political opinions, union membership, religious or philosophical beliefs and Biometric Data.

  2. Additional Personal Data

    In addition to the personal data that we collect as set out in the Privacy Policy, depending on which release version you sign, the participating photographer and Getty Images may also collect your photographic or video image or voice recording and date of birth in addition to (as may be applicable) Special Category Data. This Special Category Data is used in the context of the Content. When you take part in a Photoshoot, Getty Images collects other information that identifies you, which may include your image, likeness and voice recording in addition to Special Category Data as well as Biometric Data. Examples of Biometric Data may include imagery of the iris, face, hand, palm, voice recordings, along with associated data which can be extracted from any photograph, film, audio, or other recording, still or moving or that contain certain other identifying information, from which an identifier template, such as a faceprint or "facial geometry", or a voiceprint or file can be created. Both the participating photographer at the Photoshoot and Getty Images process this personal information in their respective roles as data controller as that term is defined in the GDPR and similar privacy laws.

  3. Use of Personal Data

    Getty Images uses your personal data collected through the Photoshoot for the purposes described in the Model Release and otherwise as disclosed to you. Generally, we use such personal information: (i) for advertising, promotion, marketing and packaging for any product or service, including our own content licensing products and services; (ii) (if you have signed a Special Category Data use model release) for the purposes of developing, testing, training, enhancing and making available software, algorithms and machine learning models in combination with other images, text, graphics, film, audio, audio-visual works; (iii) for the development of facial recognition tools; and (iv) for use in keywords and other descriptive text (whether internally by Getty Images or as licensed to end-user customers) that may be associated with any Content. Personal information will not be used to identify you publicly by name or for any surveillance purposes.

  4. Storage of Personal Data

    The Content and the data associated therewith are stored for the duration of the agreed activities on the basis of the Model Release for its entire duration. Furthermore, Getty Images is entitled (but not obliged) to keep the Content as original files (including the Model Release) to prove authorship and sales activity and thus to exercise or defend against legal claims (legitimate interest) for the duration of the applicable copyright protection periods and the Model Release with any entities (or natural person) in the licensing chain. Model data that are subject to statutory storage obligations (e.g., invoices in accordance with tax regulations) are stored until the statutory storage obligations expire and are then deleted.

    Getty Images will use and store your Biometric Data only for as long as necessary to provide its services, or as permitted in the Model Release or as required under applicable law, unless a longer retention period is required as mutually agreed or by subpoena, warrant, court order, or another legal requirement.

  5. Security of Special Category Data

    In addition to what we set out in our Privacy Policy, Getty Images is committed to storing and using Special Category Data securely.

    Our security measures include:

    • Industry Standard Encryption: Your data will be stored using the latest industry standard encryption techniques, such as 256-bit AES (Advanced Encryption Standard). We will continuously review new security standards as they are developed.

    • Access Restriction: Only authenticated and authorized Getty Images personnel will have direct access to your information on a strictly need-to-know basis.

    • Monitoring and Alerting: Any access to your information will be logged and regularly monitored by authorized Getty Images systems and personnel.

    • Data Isolation: We use data isolation architecture to enhance the privacy and security of this Special Category Data. This will help ensure that data is not exposed to unauthorized parties.

  6. Data Protection Rights

    Depending on where you are located, the processing of your personal data may be subject to certain data protection laws. Accordingly, you understand that the purpose of processing the personal data is to take photographs of you and to market, distribute and use the resulting personal data (in particular the Content including caption data and key words as well as Special Category Data if applicable), all as described in Model Release. You understand that the Model Release constitutes the legal basis for the processing and, where there is processing of sensitive personal data, the additional condition is your explicit consent as provided in the Model Release.

    In addition, depending on what data privacy laws apply to you, you may be permitted to withdraw your consent for use of Special Category Data at any time by contacting Getty Images who are licensing the Content by contacting privacy@gettyimages.com or as set out in the Privacy Policy. If you withdraw your consent as set out herein, this will not affect the lawfulness of Getty Images' collection, use, and sharing of the Special Category Data you have provided to Getty Images up to the point in time that you withdraw your consent. This shall not apply to the extent such data has been made public with your permission.

    In the event of your withdrawal of such consent to use Special Category Data, you acknowledge and agree that Getty Images may continue to use the Content, except for any Special Category Data, as otherwise permitted under the Model Release.

    This Rider shall constitute an integral part of the Privacy Policy and shall be subject to its terms. Except as specifically supplemented herein, all of the terms contained in the Privacy Policy remain in full force and effect.