Get the weekly research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.
The policy states that Target collects biometric information, specifically face geometry scans, when consumers use the virtual beauty try-on feature on Target's digital platforms.
This analysis describes what Target'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 requires compliance with state biometric privacy statutes including the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington's biometric privacy law, each of which imposes specific written consent, retention schedule, and destruction obligations prior to and following collection of biometric identifiers.
Interpretive note: The policy discloses biometric collection but does not detail the specific consent mechanism, retention schedule, or destruction protocol, making it unclear whether the collection practice as implemented satisfies applicable state biometric statutes.
This provision establishes that consumers who use Target's virtual try-on feature provide biometric face geometry data to Target; the policy discloses this collection but the consent mechanism and retention/destruction commitments applicable to this data category are not fully detailed in the policy text itself.
How other platforms handle this
We may also collect and use personal information with your consent...You can revoke your consent at any time (mostly through our services directly), though note that you might not be able to use any service or feature...
The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Monitoring
Target has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.
"Biometric information, such as a face geometry scan when you use our virtual try-on feature.Excerpt from Target's Privacy Policy
1. REGULATORY LANDSCAPE: This provision directly implicates the Illinois Biometric Information Privacy Act (BIPA, 740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (CUBI, Tex. Bus. & Com. Code Ch. 503), Washington's biometric privacy statute, and potentially CCPA/CPRA's sensitive personal information category covering biometric data used to identify a specific individual. BIPA enforcement is private right of action; Texas and Washington enforcement rests with state attorneys general. CCPA/CPRA enforcement is by the California Privacy Protection Agency and the California Attorney General. 2. GOVERNANCE EXPOSURE: High. BIPA litigation risk is substantial given its private right of action, per-violation statutory damages of $1,000 to $5,000, and broad judicial interpretation of 'collection.' The policy discloses biometric collection but does not detail whether an affirmative written consent mechanism exists prior to collection, whether a publicly available retention schedule and destruction policy exists, or whether data is shared with third parties in a manner that BIPA prohibits without separate consent. 3. JURISDICTION FLAGS: Illinois creates the highest exposure due to BIPA's private right of action and class action history. Texas and Washington create regulatory enforcement exposure. California consumers may invoke sensitive personal information rights under CPRA to limit use of biometric data. The provision may be unenforceable without demonstrated prior written consent under BIPA in Illinois. 4. CONTRACT AND VENDOR IMPLICATIONS: If face geometry data is processed by third-party technology vendors providing the augmented reality try-on feature, those vendors require data processing agreements that restrict onward use, require deletion upon termination, and comply with BIPA's prohibition on profiting from biometric data. Procurement teams should verify vendor agreements include BIPA-compliant data handling obligations. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit whether the virtual try-on feature presents an affirmative consent screen prior to face geometry scan initiation; verify that a biometric data retention schedule and destruction policy is publicly available; confirm that no biometric data is disclosed to advertising partners; and assess whether CPRA sensitive personal information limitation opt-out is applied to this data category.
Regulatory citations, enforcement risk, and due diligence action items.
Ad personalization controls removed. Contact scanning added. Advertiser data partnerships quietly dropped. A timeline of every change.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision requires compliance with state biometric privacy statutes including the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington's biometric privacy law, each of which imposes specific written consent, retention schedule, and destruction obligations prior to and following collection of biometric identifiers.
This provision establishes that consumers who use Target's virtual try-on feature provide biometric face geometry data to Target; the policy discloses this collection but the consent mechanism and retention/destruction commitments applicable to this data category are not fully detailed in the policy text itself.
ConductAtlas has identified this type of provision across 295 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Target.