Privacy Policy
Terms & Conditions

Whetstone Studio® Privacy Policy for the Processing of Biometric and Other Data

Whetstone Studio®, LLC (“Whetstone Studio®”) has instituted the following policy related to any U.S. resident biometric data that is collected, processed and/or stored by Whetstone Studio® or Whetstone Studio®’s Customers or is subject to the requirements of any law expressly governing the collection, storage, use and/or disclosure of biometric data.

Not all Whetstone Studio® products and services utilize biometric technologies, and not all Whetstone Studio®’s biometric technology products and services involve Whetstone Studio® in the collection, storage or use of biometric data. In some cases, Whetstone Studio® may provide hosting services for certain biometric data collected by a customer of Whetstone Studio® (“Customer”) on such Customer’s behalf.

In the case of Whetstone Studio®’s InSERVio® product and all products built using InSERVio®’s architecture the biometric data is collected by a customer of Whetstone Studio® (“Customer”) and hosted using a 3rd party hosting provider.

In other cases, Whetstone Studio® products may be installed on the Customer’s computers and servers where Whetstone Studio® is not involved in the participation of the collection, storage or use of biometric data. The Customer decides if it purchases a product that utilizes biometric data, and whether such data is collected, stored or utilized by Customer or Whetstone Studio®.

Biometric Information

The biometric data covered by this policy includes “Biometric Identifiers” as defined by BIPA (including, a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry) and “Biometric Information” as defined by BIPA (i.e., any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s Biometric Identifier used to identify an individual).

At the direction and on behalf of its Customers, Whetstone Studio® may collect, store and/or use biometric data. Customers may utilize Whetstone Studio®’s products and services to collect, store and/or use biometric data for employment-related purposes, including but not limited to verifying and identifying employees for purposes of tracking of time and attendance, in accordance with this policy and applicable law.

When an individual enrolls with, or authenticates themselves to the Customer’s Device, the Device temporarily captures and stores an image of that individual’s biometric identifier, the individual’s face, (the “Identifier”) but only for the time needed to create the individual’s biometric template (the “Template”) used for subsequently recognizing that same individual.

Thereafter, only the Template is stored in a database owned by the Customer.

Customer’s Responsibilities

It is the sole responsibility of the Customer that collects, captures, stores, or otherwise uses Biometric Data relating to an individual, whether using Whetstone Studio®’s cloud hosted products and services or using Whetstone Studio®’s products installed locally on the customers’ computers and servers, to do each of the following:

1. Inform the individual (i.e. employee, supervisor, end-user) from whom Biometric Data will be collected, in writing and prior to collecting the individual’s Biometric Data, that Biometric Data is being collected, stored, and/or used.
2. Indicate the specific purpose(s) and length of time for which Biometric Data is being collected, stored, and/or used.
3. Receive a verbal consent and release from the individual (or a legally authorized representative) authorizing the Customer and Whetstone Studio® to collect, store, and/or use the Biometric Data and authorizing the Customer to disclose such Biometric Data to Whetstone Studio® and any Customer third-party service providers for use and storage pursuant to this Policy.
4. Develop, maintain, and inform all individuals about any Customer policies for Biometric Data collection. The Customer must maintain its own data collection, disclosure, retention, and storage policies in compliance with all applicable laws. Where required by law, Customer agrees to adopt a privacy policy in alignment with all applicable laws governing the collection, use, transfer and retention of Personal Data.
5. Ensure that Whetstone Studio® is immediately notified of use of, or discontinuation of use of, Whetstone Studio®’s products or services involved in the collection, storage or use of biometric data.

Disclosure and Sharing of Biometric Information

Whetstone Studio® will not sell, lease, trade or otherwise profit from any biometric data that it receives from Customer’s employees. Biometric data will not be used for any purpose other than as described herein.

Whetstone Studio® will not disclose, redisclose or otherwise disseminate any biometric data received from Customers to any person or entity other than Whetstone Studio® and Whetstone Studio®’s third-party service providers except for if disclosure or redisclosure is required by state or federal law or municipal ordinance or disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

Retention of Biometric Information

Whetstone Studio® may retain biometric data for up to ninety-three (93) days after receiving notice from customers on the discontinuation of use of Whetstone Studio® products and services. Whetstone Studio® shall permanently destroy all copies of the employee’s Biometric Data in its possession after the time period has elapsed, unless Whetstone Studio® is required to hold Customer Personal Data pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.

Storage of Biometric Information

Whetstone Studio® will use a reasonable standard of care, consistent with the industry in which Whetstone Studio® operates, to store, transmit and protect from disclosure all biometric data, and shall store, transmit, and protect from disclosure all biometric data in a manner that is the same as or more protective than the manner in which Whetstone Studio® stores, transmits, and protects other confidential or sensitive data that can be used to uniquely identify an individual or an individual’s account.

Revision 2024.12

---

Whetstone Studio® Software and Website Terms & Conditions

1. Acceptance of Terms
By engaging Whetstone Studio® (“Company,” “we,” “us,” or “our”) for software development, website design, or related services, you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Agreement”). If you do not agree, you should not use or engage with our services, products, or deliverables.

2. Scope of Services
Whetstone Studio® provides software development, website design, hosting assistance, and related consulting or creative services. Specific deliverables, timelines, and costs will be set forth in a separate written proposal, agreement, or invoice.

3. Intellectual Property
- Unless otherwise specified in writing, Whetstone Studio® retains ownership of all source code, software frameworks, and proprietary tools used in the development of websites and applications.
- Clients receive a non-exclusive, non-transferable license to use deliverables for their own business purposes.
- All final creative assets delivered to the Client (including website design elements, logos, and content provided by the Client) shall remain the property of the Client upon full payment of agreed fees.

4. Client Responsibilities
Clients are solely responsible for:
- Ensuring that any content, data, or materials provided to Whetstone Studio® do not infringe on third-party rights.
- The accuracy, legality, and compliance of all content uploaded to or published on their websites or through software created by Whetstone Studio®.
- Proper use of the websites, software, and services in accordance with applicable laws and regulations.

5. Disclaimer of Warranties
Whetstone Studio® provides all software, websites, and related services “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted, error-free, or secure operation of any deliverable.

6. Limitation of Liability
To the maximum extent permitted by law:
- Whetstone Studio® shall not be held liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of data, loss of revenue, lost business opportunities, reputational harm, or security breaches.
- Whetstone Studio® shall not be legally liable for the manner in which Clients use, misuse, or fail to use the software, websites, products, or services we provide.
- Clients assume all responsibility for compliance with applicable laws, regulations, and industry standards in connection with their use of Whetstone Studio® deliverables.

7. Indemnification
The Client agrees to indemnify, defend, and hold harmless Whetstone Studio®, its officers, employees, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
- The Client’s use or misuse of software, websites, or services provided by Whetstone Studio®.
- Content or data supplied by the Client.
- Any violation of this Agreement or applicable law by the Client.

8. Payment Terms
- Payment terms, schedules, and fees shall be outlined in separate proposals, invoices, or agreements.
- Late payments may result in suspension of services or withholding of deliverables until payment is received in full.

9. Confidentiality
Both parties agree to keep confidential any proprietary information, trade secrets, or business-sensitive data disclosed in the course of the engagement, except as required by law.

10. Termination
Either party may terminate this Agreement by providing written notice. Termination shall not relieve the Client of payment obligations for work completed or expenses incurred up to the termination date.

11. Governing Law
This Agreement shall be governed by and construed under the laws of the State of [Insert State], without regard to its conflict of laws provisions. Any disputes shall be resolved in the courts of [Insert County/State].

12. Modifications
Whetstone Studio® reserves the right to update or modify these Terms and Conditions at any time. Continued use of our services after modifications constitutes acceptance of the revised terms.

Revision 2024.12