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The policy explicitly states that Synthesia will not sell, lease, trade, or otherwise profit from biometric data, and extends this prohibition to its vendors. This commitment applies to facial geometry, voiceprint, and related biometric identifiers collected during avatar creation.
This analysis describes what Synthesia'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 directly addresses a key requirement of the Illinois Biometric Information Privacy Act and reflects a disclosure that aligns with BIPA's prohibition on selling or profiting from biometric identifiers. The explicit extension of this prohibition to vendors provides an additional layer of contractual commitment beyond Synthesia's own operations.
Under this clause, the agreement states that biometric data including facial geometry and voiceprints will not be sold, leased, traded, or used to generate profit by Synthesia or its vendors. This stated commitment applies to the biometric data collected during avatar creation and verification workflows.
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"We will not sell, lease, trade, or otherwise profit from Biometric Data and will not permit its vendor(s) to sell, lease, trade, or otherwise profit from the Biometric Data.Excerpt from Synthesia's Privacy Policy
1. REGULATORY LANDSCAPE: This provision directly engages the Illinois Biometric Information Privacy Act, which prohibits private entities from selling, leasing, trading, or otherwise profiting from biometric identifiers or biometric information. Similar prohibitions exist under Texas and Washington biometric laws. The relevant enforcement authorities are state attorneys general and, under BIPA, private plaintiffs exercising the statute's private right of action. The FTC may also exercise oversight under its unfair or deceptive practices authority if this commitment is not honored. 2. GOVERNANCE EXPOSURE: Low to Medium. The explicit prohibition on selling or profiting from biometric data is a standard compliance measure for platforms operating under BIPA. The extension of this prohibition to vendors via contractual requirement is consistent with BIPA's framework. Governance exposure exists if vendor contracts do not adequately reflect this prohibition or if the definition of 'profit' is interpreted narrowly. 3. JURISDICTION FLAGS: Illinois creates the highest exposure given BIPA's private right of action. Texas and Washington biometric laws contain similar restrictions. Enterprise customers deploying Synthesia with Illinois-based employees should confirm that vendor agreements with sub-processors like AWS EMEA SARL reflect these prohibitions. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should request confirmation that vendor agreements with AWS EMEA SARL and any other sub-processors processing biometric data include explicit prohibitions on sale or profit consistent with this policy statement. The policy asserts that Synthesia requires this of its vendors but does not detail the contractual mechanism. 5. COMPLIANCE CONSIDERATIONS: Compliance teams in Illinois-regulated contexts should document this policy commitment as part of BIPA compliance records. Legal teams should assess whether the policy's prohibition covers all forms of commercial exploitation of biometric data, including use in model training for third-party commercial purposes, given the policy separately describes use of biometric data for AI model fine-tuning within the platform.
This provision directly addresses a key requirement of the Illinois Biometric Information Privacy Act and reflects a disclosure that aligns with BIPA's prohibition on selling or profiting from biometric identifiers. The explicit extension of this prohibition to vendors provides an additional layer of contractual commitment beyond Synthesia's own operations.
Under this clause, the agreement states that biometric data including facial geometry and voiceprints will not be sold, leased, traded, or used to generate profit by Synthesia or its vendors. This stated commitment applies to the biometric data collected during avatar creation and verification workflows.
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