Ancestry discloses that it may create temporary abstract numerical representations of images within users' private galleries to group similar faces, and characterizes this as potentially constituting biometric processing in certain jurisdictions. The document states that these representations are not retained or stored.
This analysis describes what Ancestry's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places the responsibility on the user to inform living individuals depicted in uploaded content about the facial grouping processing before uploading. The document's acknowledgment that this process may constitute biometric processing in certain jurisdictions creates a notification obligation for users that has compliance implications under applicable biometric privacy statutes.
Interpretive note: Whether the no-retention assertion fully satisfies applicable biometric privacy statute requirements, particularly under Illinois BIPA which may be triggered at the collection stage, depends on judicial interpretation and is not definitively resolved by the document's disclosure alone.
The updated Terms footer no longer includes a direct link to 'Do Not Sell or Share My Personal Information,' a disclosure mechanism required under California's CCPA. California residents retain the legal right to direct Ancestry not to sell or share their personal information, but the footer no longer provides a prominently placed navigation point to exercise that right. Ancestry's privacy notice continues to reference CCPA compliance and provides other disclosure language, but the specific footer link has been removed.
View change record →The updated terms reduce the out-of-pocket costs consumers must pay to arbitrate disputes against Ancestry. Previously, consumers and Ancestry shared filing fees, arbitrator fees, and hearing expenses equally unless an arbitrator found the arbitration frivolous; now, if an arbitrator determines the arbitration is non-frivolous, Ancestry covers all JAMS-invoiced fees. Separately, the revised terms establish that Ancestry will pay all mediation fees, whereas both parties previously shared this cost. The removal of language describing alternative AAA procedures narrows the stated dispute resolution pathway.
View change record →California residents who rely on the Terms and Conditions footer to find the option to request that Ancestry not sell or share their personal information will no longer see that link in that location. While the underlying CCPA right to opt out likely remains available, the removal of this navigation path from the terms page makes the right less discoverable. California residents should verify that they can still access opt-out functionality through Ancestry's website or contact the company directly if they cannot locate the feature.
View change record →Under this clause, users who upload images of living individuals are responsible for informing those individuals that Ancestry may create temporary numerical representations of their faces for grouping purposes. Ancestry states it does not retain or store these representations, though the document acknowledges the process may be considered biometric processing under applicable law.
Cross-platform context
See how other platforms handle Biometric Processing Disclosure and similar clauses.
Compare across platforms →"You have informed any living individuals in Your Content that Ancestry may create a temporary abstract numerical representation of images to group similar faces within your private gallery, which may be considered biometric processing in certain jurisdictions. Ancestry does not retain or store these representations.Excerpt from Ancestry's Terms and Conditions
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This provision places the responsibility on the user to inform living individuals depicted in uploaded content about the facial grouping processing before uploading. The document's acknowledgment that this process may constitute biometric processing in certain jurisdictions creates a notification obligation for users that has compliance implications under applicable biometric privacy statutes.
Under this clause, users who upload images of living individuals are responsible for informing those individuals that Ancestry may create temporary numerical representations of their faces for grouping purposes. Ancestry states it does not retain or store these representations, though the document acknowledges the process may be considered biometric processing under applicable law.
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