Last updated: January 2022
- "Assigns" means the photographer/filmmaker and other assigns which may include a person or company to whom rights under an applicable Model Release have been assigned or licensed as well as the licensees of any such person or company.
- "Biometric Data" means personal data derived from the Content that represents (numerically, geometrically, or otherwise) a natural person's physical, physiological or behavioral features or characteristics.
- "Content" means all photographs, film, audio, or other recording, still or moving, taken of you as part of the Photoshoot.
- "Model Release" means that certain version of the liability waiver and rights grant agreement which you signed by virtue of your participation in a Photoshoot, and which has been submitted to Getty Images as an Assign.
- "Photoshoot" means any photographic, film or recording session that you take part in for which you have signed a Model Release.
- "Special Category Data" means personal data associated with or provided by you (and may include information which could be inferred), for example racial or ethnic origin; sexual orientation, political opinions, union membership, religious or philosophical beliefs and Biometric Data.
Additional Personal Data
Use of Personal Data
Getty Images uses your personal data collected through the Photoshoot for the purposes described in the Model Release and otherwise as disclosed to you. Generally, we use such personal information: (i) for advertising, promotion, marketing and packaging for any product or service, including our own content licensing products and services; (ii) (if you have signed a Special Category Data use model release) for the purposes of developing, testing, training, enhancing and making available software, algorithms and machine learning models in combination with other images, text, graphics, film, audio, audio-visual works; (iii) for the development of facial recognition tools; and (iv) for use in keywords and other descriptive text (whether internally by Getty Images or as licensed to end-user customers) that may be associated with any Content. Personal information will not be used to identify you publicly by name or for any surveillance purposes.
Storage of Personal Data
The Content and the data associated therewith are stored for the duration of the agreed activities on the basis of the Model Release for its entire duration. Furthermore, Getty Images is entitled (but not obliged) to keep the Content as original ﬁles (including the Model Release) to prove authorship and sales activity and thus to exercise or defend against legal claims (legitimate interest) for the duration of the applicable copyright protection periods and the Model Release with any entities (or natural person) in the licensing chain. Model data that are subject to statutory storage obligations (e.g., invoices in accordance with tax regulations) are stored until the statutory storage obligations expire and are then deleted.
Getty Images will use and store your Biometric Data only for as long as necessary to provide its services, or as permitted in the Model Release or as required under applicable law, unless a longer retention period is required as mutually agreed or by subpoena, warrant, court order, or another legal requirement.
Security of Special Category Data
Our security measures include:
Industry Standard Encryption: Your data will be stored using the latest industry standard encryption techniques, such as 256-bit AES (Advanced Encryption Standard). We will continuously review new security standards as they are developed.
Access Restriction: Only authenticated and authorized Getty Images personnel will have direct access to your information on a strictly need-to-know basis.
Monitoring and Alerting: Any access to your information will be logged and regularly monitored by authorized Getty Images systems and personnel.
Data Isolation: We use data isolation architecture to enhance the privacy and security of this Special Category Data. This will help ensure that data is not exposed to unauthorized parties.
Data Protection Rights
Depending on where you are located, the processing of your personal data may be subject to certain data protection laws. Accordingly, you understand that the purpose of processing the personal data is to take photographs of you and to market, distribute and use the resulting personal data (in particular the Content including caption data and key words as well as Special Category Data if applicable), all as described in Model Release. You understand that the Model Release constitutes the legal basis for the processing and, where there is processing of sensitive personal data, the additional condition is your explicit consent as provided in the Model Release.
In the event of your withdrawal of such consent to use Special Category Data, you acknowledge and agree that Getty Images may continue to use the Content, except for any Special Category Data, as otherwise permitted under the Model Release.