Ezement Texas Biometric Privacy Disclosure

Last updated: February 3, 2025

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BIPA PRIVACY POLICY

Solid Earth

TEXAS PRIVACY POLICY

Tribus LLC d/b/a Solid Earth (the “Company”) has instituted the following biometric information privacy policy:

Definitions

As used in this policy, “biometric data” and “biometric identifier” are defined as in the Texas Business and Commerce Code, Sections 503.001 and 541.001, et seq.:

“Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry

“Biometric data” means data generated by automatic measurements of an individual's biological characteristics. The term includes a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic that is used to identify a specific individual. The term does not include a physical or digital photograph or data generated from a physical or digital photograph, a video or audio recording or data generated from a video or audio recording, or information collected, used, or stored for health care treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).

Purpose for Use of Biometric Data

The Company and its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform indirectly collect and use biometric identifiers solely for platform user identification, user authentication, fraud prevention, and the granting of user access to the Solid Earth platform. The Company does not store or retain any biometric identifiers or data. When the user accesses the platform, the user may, on their own device, access the platform by using their device’s FaceID or TouchID. When the user initiates their account with the Company, the Company connects to the user’s device and requests permission to use the device’s FaceID or TouchID (typically a face scan or a fingerprint) as a way to login using a Passkey API. The user’s device then ultimately returns a token to the Company that the Company uses to confirm every subsequent login of the user to the platform. Thus, the Company is never in possession of any biometric identifiers but biometric identifiers are used in generating the token the Company uses to authenticate the user. The token is a string of many random numbers and letters. The Company keeps the token for the user until the user’s MLS ceases to license the platform, or until the MLS or the user informs the Company that the user needs to be deactivated. The Company will retain the token for such a canceled user for six months. At the six month mark from user deactivation, the Company destroys the token.

Requirements to Collect and Process Biometric Identifiers

To the extent that the Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform collect or process a biometric identifier relating to a user of the Solid Earth platform, pursuant to Section 503.001(b), the Company must first:

(a) Inform the user before capturing the biometric identifier; and

(b) Receive the user’s consent to capture the biometric identifier;

The Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform will not sell, lease, or otherwise disclose the user’s biometric identifier.

Data Storage

To the extent that the Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform possess a user’s biometric identifier, they shall store, transmit, and protect from disclosure any biometric identifier using reasonable care and in a manner that is the same as or more protective than the manner in which the person stores, transmits, and protects any other confidential information the person possesses.

Destruction

To the extent that the Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform possess a user’s biometric identifier, the Company shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the purpose for collecting the identifier expires, except if the biometric identifier is used in connection with an instrument or document that is required by another law to be maintained for a longer period, in which case the person who possesses the biometric identifier shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the instrument or document is no longer required to be maintained by law.

Solid Earth

TEXAS PRIVACY POLICY - USER ACKNOWLEDGEMENT FORM

TRIBUS LLC d/b/a “Solid Earth” (the “Company”) furnishes a single sign-on identity platform to which the you (the “user”) requests access. You been advised and understands that the Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform may collect, retain, and use biometric identifiers and data for the purpose of user identification, user authentication, fraud prevention, and the granting of user access to the Solid Earth platform.

Texas Business and Commerce Code, Sections 503.001 and 541.001, et seq. regulate the collection, use, safeguarding, handling, storage, retention, and destruction of “biometric identifiers” and “biometric data.”

“Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry

The user understands that he or she is free to decline to provide biometric identifiers and biometric data to the Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform without any adverse action.

To the extent that the Company, its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform possess a user’s biometric identifier, the Company shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the purpose for collecting the identifier expires, except if the biometric identifier is used in connection with an instrument or document that is required by another law to be maintained for a longer period, in which case the person who possesses the biometric identifier shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the instrument or document is no longer required to be maintained by law.

The user or a user’s authorized agent may exercise any of the rights highlighted in Section 541.051(b) such as the right to know what personal data is being processed, the right to access the personal data, the right to correct inaccuracies, the right to delete personal data, the right to obtain a copy of digital personal data, and the right to opt out of processing personal data for certain purposes, to the extent that those rights apply here, and the user may revoke the consent provided in this user acknowledgement form at any time by notifying the Company in writing to: TRIBUS, Attn: Revocation of Consent - Texas, 231 South Bemiston Ave. Suite 850, Box 33454, St. Louis MO 63105, or by email to: helpdesk@tribusgroup.com. The user may appeal any refusal to take action related to these rights using the same contact information.

You acknowledge that you have received the above Biometric Information Privacy Policy, and that by your creation of a biometric login, you voluntarily consents to the Company’s, its vendors’, agents’, and/or the licensee of the Company’s “Solid Earth” identity provider platform’s collection, storage, and use of biometric biometric data through various biometric sign-in measures, including to the extent that it utilizes the user’s biometric identifiers or biometric data as defined in Sections 503.001 and 541.001, et seq., and voluntarily consents to the Company providing such biometric data to its vendors and agents, and/or the licensee of the Company’s “Solid Earth” identity provider platform.