1. Introduction

TradePending, LLC (“TradePending”, “our”, “we”, “us”) provides a service to its customers allowing its customer’s end users to create an avatar by uploading a training and consent video and to convert text to create videos through use an integrated third-party provided service. Specifically, the training video that you provide when you create an avatar in the TradePending platform will be used by TradePending and/or its third-party subcontractors to: (1) identify voice characteristics that represent your voice; (2) scan your face geometry; and (3) create other data generated from your voice characteristics and facial scan (collectively, “Biometric Data”). These biometric identifiers and data allow TradePending and its third-party subcontractors to generate an avatar representation of you which can be used to create synthetic video content in accordance with your requests and instructions provided through the TradePending platform (each an “AI Generated Video”).

‍This Biometric Privacy Notice describes how TradePending collects, uses, discloses, secures, retains biometric information when you use our services, including our retention schedule and guidelines for destroying biometric information. Please read this Biometric Information Privacy Notice carefully and ensure that you understand it.

By uploading a video to TradePending, you consent to our collection, use, disclosure, retention and other processing of your biometric information by us and our third-party providers on our behalf as described in this Notice.

2. What is Biometric Information?

When we refer to Biometric Data or “biometric information,” we mean information generated by measurements of your physical, behavioral, or biological characteristics that are used to identify you. Information like eye, hand, or face scans, fingerprints, or voiceprints may be considered biometric information if they are being used to identify you by technical means. As used in this Notice, “biometric information” includes “biometric identifier”, which means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.

3. What Biometric Information Do We Collect?

To create your avatar, we need to scan the video footage that you upload, and we may collect, process, and store information such as face geometry as a result. We and third-parties on our behalf use your videos and this information to provide and improve our products and services (including to train the AI models that power our services). We and third-parties on our behalf also use your videos and biometric information to verify your identity as part of the avatar creation process, to help us detect and prevent fraud and for other security and compliance purposes.

4. How Do We Disclose Biometric Information?

We only disclose biometric information as described in this Biometric Information Privacy Notice. We do not sell, lease, trade or otherwise disclose your biometric information for profit. However, we may disclose your biometric information to service providers and other vendors who help us provide our products and services.

TradePending and our third-party providers are permitted to access and exchange Biometric Data with each other as necessary and appropriate to provide the AI avatars feature. Biometric Data may be stored by TradePending or on a server database hosted by our third-party providers. Further, we may in the future disclose Biometric Data to our consultants, attorneys, and/or accountants as necessary to assist us with compliance, conduct audits and investigations, provide related services, in connection with a change in control transaction, or as otherwise permitted or required by law or legal process. In the event additional parties need access to Biometric Data for technical support, administration, or other lawful purposes, we will only provide such access in accordance with applicable law and other best practices.

5. Security and Retention

We store, transmit, and protect your biometric information using a reasonable standard of care that is at least as protective as the way we store, transmit, and protect other confidential information. Notwithstanding any security measures that we take, it is important to remember that the transmission of data via the Internet may not be completely secure, and we cannot guarantee that the collection, transmission and storage of data will always be secure.

We retain your biometric information only as long as necessary or only as relevant to create and maintain your avatar and improve our products and services (as set out in Section 4 above) or for the maximum timeframe permitted under applicable law, whichever occurs first, unless legally required to keep it for a different period. At the end of the retention period, or upon your request at any time, we will permanently destroy your biometric information.

‍6. Contact Us

For any questions regarding your biometric information, or to withdraw your consent, please contact us by email at support@tradepending.com. Otherwise, for more information about how we process personal information, as well as your rights and choices regarding our data practices, please review our privacy policy available at https://tradepending.com/privacy-policy/.

If you choose not to consent and agree to this notice or our privacy policy or if we (or our third-party providers) are otherwise unable to collect, use, store, disclose, or otherwise process your Biometric Data, you understand and agree that you will not be able to create a custom avatar using the our AI features and will be unable to generate AI Generated Videos using a custom avatar.