Photographer Compliance & Data Processing Agreement

1. Representation of Legal Authority

You represent and warrant that you have the full legal right and authority to capture, upload, and process the images of individuals featured in your User Content. You acknowledge that you are the Data Controller of the images you upload, and Cosnap LLC acts as your Data Processor.

2. Mandatory Consent Requirements

You acknowledge that the use of facial recognition involves the collection of sensitive biometric data under laws such as BIPA (Illinois), CCPA/CPRA (California), and CUBI (Texas).

• Private Events: You certify that you have obtained express, written consent from every identifiable subject (or their legal guardian) using a form substantially similar to the Cosnap Biometric Data Consent and Media Release provided in the resources.

• Public/Commercial Areas: If you are operating in a public area or a place of public accommodation where individual signatures are not feasible, you certify that you have placed clear and conspicuous signage at all entrances notifying the public of biometric collection.

3. Jurisdictional Restrictions

You agree NOT to use Cosnap’s facial recognition features in any jurisdiction where the private use of facial recognition in public accommodations is prohibited by law (e.g., Portland, Oregon, or specific municipal bans in Maryland and California).

4. Data Retention and Ownership

• Ownership: You retain ownership of the original photos you upload.

• Retention: You are responsible for managing the retention of your original uploads. You acknowledge that once a photo is matched to a user, that user receives a copy in their own account which they control independently.

• Biometric Purge: You understand that Cosnap LLC will purge biometric identifiers (facial embeddings) upon account deletion or after a defined period of inactivity.

5. Liability and Indemnification

• No Agency: You acknowledge that you are an independent user and not an agent of Cosnap LLC.

• Shifting of Liability: You agree that Cosnap LLC is not liable for your failure to obtain proper consent or provide required legal notices.

• Indemnification: You agree to defend, indemnify, and hold harmless Cosnap LLC from any and all claims, civil penalties, or legal fees (including those arising from class-action lawsuits under BIPA) resulting from your failure to comply with biometric privacy laws or these Terms.

6. Acceptance of Cloud Infrastructure

You acknowledge and consent to the storage and processing of your uploaded content on Amazon Web Services (AWS) servers located in the United States. You agree that AWS’s standard of security (AES-256 encryption) meets your requirements for "reasonable security" under applicable law.