EMS Technology Solutions, LLC (“EMS Tech”, “our”, “we” and “us”)”) has instituted the following policy related to any biometric data that we possess as a result of our operations or of our clients’ and client employees’ use of our products and services. Our clients are responsible for developing and complying with their own biometric data retention and destruction policies as may be required under applicable law.
Biometric Data Definitions
As used in this policy, “biometric data” includes “biometric identifiers” and “biometric information” as defined in the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS § 14/1, et seq. “Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996.
“Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.
“Biometric data” also includes any similar state or local law definitions related to any biological characteristics of a person, or information based upon such a characteristic, including but not limited to, “biometric identifier” as defined under Tex. Bus. & Com. Code §503.001, “biometric identifier” as used in Wash. Rev. Code Ann. §19.375.020, “biometric information” as used in the California Consumer Privacy Act, “biometric information” as used in the New York Stop Hacks and Improve Electronic Data Security Act, and “biometric data” as used in Arkansas Code §4-110-103.
Purpose for Collection of Biometric Data
EMS Tech biometric collection works by digitally converting representations of geometric measurements of a finger generated by a fingerprint capture device into a template. The template is securely stored in the client’s server database hosted by EMS Tech. No fingerprint or image of a fingerprint is ever captured by the application, only a template generated from the digital conversion of representations of a finger, which is used for purposes of verification, security and fraud prevention.
Our clients are responsible for compliance with applicable law governing any collection, storage, use, and/or transmission of biometric data they conduct or facilitate. To the extent required by law, our clients will obtain written authorization from each employee, contractor, vendor or anyone accessing our applications for the benefit of the client, EMS Tech or EMS Tech authorized licensors or vendors to collect, store, use, and/or transmit biometric data prior to the collection of such data.
Enrollment of biometric data creates a templated hexadecimal profile for use in positive identification of an individual within a client’s application, a physical image of the biometric data is not stored. The individuals templated hexadecimal profile is used for comparison on subsequent biometric submissions to validate the individual’s identity for added security and fraud prevention within the client application.
EMS Tech and/or its vendors also may collect, store, use and/or transmit biometric data during the course of conducting EMS Tech’s operations and of providing products or services to EMS Tech’s clients and client employees. With respect to biometric data collected, stored, used and/or transmitted by EMS Tech and/or its vendors, to the extent required by law, our clients will obtain written authorization from each employee, contractor, vendor or anyone accessing our applications for the benefit of EMS Tech and/or EMS Tech’s authorized licensors or vendors to collect, store, use, and/or transmit biometric data prior to the collection of such data.
EMS Tech and/or its vendors will collect, store, use and/or transmit any biometric data solely for identifying employees, providing access to applications, verifying transactions, recording time entries, workplace security, and fraud prevention. Neither EMS Tech nor its vendors will sell, lease, or trade any biometric data that it receives from clients or client employees as a result of their use of EMS Tech’s services.
EMS Tech does not require any client or its employees to use biometric data to access, conduct business or perform actions within our applications. It is the client’s sole discretion to implement biometrics, obtain written authorization from individuals and adhere to applicable laws. Alternatives to biometric data such as digital signature or pin / password can be used broadly across the client’s application or specifically for users who do not grant authorized use of biometrics.
To the extent that EMS Tech, its vendors, and/or its clients collect, capture, or otherwise obtain biometric data relating to an employee, contractor, vendor or anyone accessing our applications, EMS Tech’s clients for the benefit of EMS Tech must first:
• Inform the employee, contractor, vendor or anyone accessing our applications in writing that EMS Tech, its vendors, and/or its clients are collecting, capturing, or otherwise obtaining the employee’s biometric data, and that EMS Tech may provide such biometric data to its vendors and its client;
• Inform the employee, contractor, vendor or anyone accessing our applications in writing of the specific purpose and length of time for which the employee’s biometric data is being collected, stored, and used; and
• Receive a written release signed by the employee, contractor, vendor or anyone accessing our applications (or their legally authorized representative) authorizing EMS Tech, its vendors, and/or its client to collect, store, and use the biometric data for the specific purposes disclosed by EMS Tech, and for EMS Tech to provide such biometric data to its vendors and its client.
EMS Tech, its vendors, and/or its clients will not sell, lease, trade, or otherwise profit from employees’ biometric data; provided, however, that EMS Tech may be paid for products or services used by EMS Tech’s vendors or clients that utilize such biometric data.
EMS Tech will not disclose or disseminate any biometric data to anyone other than its authorized vendors and clients without/unless:
• the subject of the biometric data or the subject’s legally authorized representative consents to the disclosure or dissemination;
• the disclosure or dissemination completes a financial transaction requested or authorized by the subject of the biometric data or the subject's legally authorized representative;
• the disclosure or dissemination is required by State or federal law or municipal ordinance; or
• the disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
EMS Tech shall retain any client’s employee’s biometric data in EMS Tech’s possession only until the first of the following occurs:
• EMS Tech receives written notice from its client that the initial purpose for collecting or obtaining such biometric data has been satisfied, such as the termination of the employee’s employment with EMS Tech’s client, the employee moves to a role within the client for which the biometric data is not used, or the client has discontinued using EMS Tech’s product or service for which the biometric data was used; or
• The client or individual deletes their biometric profile from EMS Tech’s systems.
EMS Tech and its vendors shall use a reasonable standard of care to store, transmit, and protect from disclosure any paper or electronic biometric data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which EMS Tech stores, transmits, and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property, account numbers, PINs, driver’s license numbers and social security numbers.