This Biometric Data Notice explains how 97 Labs, Inc., doing business as "Remark" ("Remark", "we", "us", or "our") handles biometric data when you use the Remark Live Try On experience (the "Try On Feature") on the website of a retail or brand partner that licenses our technology (each, a "Customer").
Remark provides the Try On Feature to Customers as a service provider. We do not operate the website you are visiting, we do not decide whether the Try On Feature appears there, and we do not control what the Customer does with the results. This Notice describes only Remark's own handling of biometric data in that role. The Customer's privacy policy governs the Customer's collection and use of your information, including anything the Customer receives from the Try On Feature.
This Notice supplements the Remark Privacy Policy. Where the two differ with respect to biometric data, this Notice controls. It describes our practices; it does not create any contract between you and Remark, and it does not modify any agreement between you and the Customer. If you do not agree, please do not use the Try On Feature.
1. Our Role
Remark acts as a service provider and processor. We process biometric data solely on the Customer's documented instructions and solely to deliver the Try On Feature that the Customer has configured.
The Customer, and not Remark, determines whether to offer the Try On Feature, where and to whom it is made available, how it is presented on the Customer's site, what the results are used for, and whether the Customer retains any output in its own systems. Data the Customer receives or generates is held by the Customer as a controller, under the Customer's own privacy policy and subject to the Customer's own legal obligations.
Remark does not use biometric data for its own purposes. We do not use it to train, fine-tune, or evaluate machine learning models, to build profiles, or to serve any party other than the Customer whose site you were using. We may generate aggregated and de-identified metrics about performance and usage of the Try On Feature that do not identify you and are not derived from your biometric data in any form that could be linked back to you.
2. Where to Direct Requests
Because the Try On Feature runs on the Customer's site and under the Customer's instructions, please direct requests about your biometric data to the Customer in the first instance, using the contact details in the Customer's privacy policy.
You may also contact Remark as provided in the "How to Contact Us" section below. If we receive a request that belongs to the Customer, we will forward it to the Customer or advise you to submit it to the Customer directly. Where we are able to act on a request ourselves as a service provider, we will do so within the timeframes required by applicable law.
3. Biometric Data We Process
The Try On Feature streams video from your device camera so that a selected item can be shown on you in real time. You control when the camera turns on, and you can stop the session at any time.
From that video stream, our system derives:
- Body geometry and proportional measurements, such as shoulder, chest, waist, hip, inseam, and limb ratios.
- Body pose and skeletal keypoint estimates, updated continuously so the item tracks your movement.
- Physical characteristics relevant to garment fit and drape.
Together these form a digital representation of your body used to place and render the item on you. We also retain a limited sample of video frames from the session for quality monitoring, as described in Section 4.
We refer to the sampled video frames, the derived measurements, and that digital representation together as your "biometric data".
Some of this information may qualify as a "biometric identifier", "biometric information", "consumer health data", or "sensitive personal information" under laws including the Illinois Biometric Information Privacy Act (740 ILCS 14), the Texas Capture or Use of Biometric Identifier Act (Tex. Bus. & Com. Code ch. 503), Washington RCW 19.375 and the Washington My Health My Data Act, Colorado HB 24-1130, and the California Consumer Privacy Act. Whether or not a given element meets a statutory definition where you live, we apply the practices described in this Notice to all of it.
What we do not do. We do not use facial recognition. We do not generate or store a faceprint. We do not use biometric data to identify you, to verify your identity, or to match or track you across sites, sessions, or devices. We do not record your full session, and we do not capture audio.
4. Purpose
Remark processes biometric data for two purposes, and no others.
To render your try on. Body geometry and pose data are used in real time to place and display the selected item on you during your session.
Quality monitoring. We retain a limited sample of video frames and the associated derived measurements to confirm the Try On Feature is placing items correctly, to diagnose defects, and to investigate errors reported during a session. Quality monitoring may include review by a small number of authorized Remark personnel with a specific operational need. Quality monitoring samples are not used to train, fine-tune, or evaluate machine learning models, and are not used to identify you.
We do not use biometric data for authentication, advertising, or ad targeting, and we do not use it to make any decision about you other than rendering the try on you requested.
Live try on results are computer-generated simulations based on your camera feed. They are estimates, not measurements, and they are not a representation or guarantee that any item will fit, suit, or appear as shown.
5. Consent
Remark does not process biometric data unless a disclosure and consent step has been completed first. Before your camera is activated, the Try On Feature presents a dedicated disclosure stating that biometric data will be collected and stored, the specific purposes for which it will be used, and the length of time for which it will be retained. You must then affirmatively confirm two things:
- That you are 18 years of age or older and have read this Notice and the Remark Privacy Policy; and
- That you consent to the collection, storage, and use of your biometric data as described.
Those confirmations together operate as your written release and may be given electronically. The disclosure is separate from the Customer's terms of service and from any other agreement, and consent is not bundled with any other permission. Our system will not activate the camera or process any video without a completed consent record.
The Customer is responsible for the presentation of the Try On Feature on its own site and for its own compliance obligations in connection with offering it. Remark maintains the consent record associated with each session.
Consent is not a condition of anything else. You do not have to use the Try On Feature to shop, browse, purchase, create an account, or receive any other service, product, price, or level of quality from the Customer. Declining costs you nothing.
6. Retention and Destruction
Remark retains biometric data only as long as necessary for the purposes described in Section 4, or for such shorter period as the Customer instructs. A session ends when you stop the try on, close or navigate away from the Customer's site, or after thirty (30) minutes of inactivity, whichever comes first.
Live session data. The video stream is processed in real time and is not stored. Body geometry, pose, and derived measurements used to render your try on are deleted within twenty-four (24) hours of the end of your session.
Quality monitoring samples. Sampled video frames and their associated derived measurements are deleted within seven (7) days of the end of your session.
Saved fit profile. If the Customer offers a saved fit profile and you separately opt in, Remark retains your derived measurements until the earliest of: (a) consent is withdrawn; (b) the saved fit profile is deleted; (c) twelve (12) months after your last interaction with the Try On Feature; or (d) three (3) years after your initial consent. Before the three-year point we will ask you to renew your consent, and if you do not, the data is permanently deleted.
All users. In every case, biometric data is destroyed once the purpose for collecting it has been satisfied, regardless of the periods above.
Destruction is permanent. We delete sampled frames, derived measurements, and any intermediate representations from production systems within the periods stated above, and from backups on our standard backup rotation, which completes within thirty (30) days. Deleted data is not recoverable in the ordinary course of our operations and is not retained in archived form.
These periods apply to data held by Remark. Any data the Customer holds in its own systems is retained according to the Customer's retention practices, which we do not control.
If a legal hold, active litigation, or a specific legal obligation requires retention past these periods, we retain only what is required, for only as long as it is required, and destroy it immediately afterward.
7. Withdrawing Consent
You may stop a live try on at any time by closing the feature, which ends camera access immediately.
You may withdraw consent to biometric data collection and retention at any time, through your saved fit profile settings on the Customer's site if one exists, or by contacting the Customer or Remark as described above. On withdrawal, Remark permanently deletes the sampled frames, derived measurements, and digital body representation it holds.
Withdrawing does not delete your account with the Customer. Your account remains, and the Try On Feature simply becomes unavailable to you unless you consent again. Neither Remark nor, to our knowledge, the Customer will deny you goods or services, charge you a different price, or provide you a lower quality of service because you withdrew consent or declined in the first place.
8. Disclosure
Remark does not sell, lease, trade, or otherwise profit from biometric data. Not to Customers, not to advertisers, not to anyone.
Remark discloses biometric data only:
- To the Customer. We return the rendered try on to the Customer's site. What the Customer receives and retains is determined by the Customer's configuration of the Try On Feature and is governed by the Customer's privacy policy.
- To service providers. To sub-processors that host or process data on our behalf, under written contracts that are at least as protective as this Notice and that prohibit any independent use of the data. A current list is available at our Sub-processors List.
- With your permission. Where you give separate written consent.
- For legal process. Where required by a valid warrant, subpoena, or other legal process, or by federal, state, or local law.
9. Security
Remark stores and transmits biometric data using a reasonable standard of care for our industry, and in a manner at least as protective as the manner in which we store and transmit our own confidential and sensitive information. Biometric data is encrypted in transit and at rest using industry-standard methods, held separately from other account information, and accessible only to personnel with a specific operational need, with access logged.
No method of transmission or storage is completely secure. While we work to protect biometric data, we cannot guarantee its security, and we are not responsible for the security practices of the Customer or of any other website or service.
10. Other Sites and Services
The Try On Feature appears within websites operated by Customers and other third parties. Remark does not control those websites and is not responsible for their content, their practices, or their actions. Their privacy policies, and not this Notice, govern their handling of your information. We encourage you to read them.
11. Age Restriction
The Try On Feature is for adults. You must confirm that you are 18 years of age or older before the feature will start. Remark does not knowingly process biometric data from anyone under 18. If we learn that we have, we delete it promptly. If you believe a minor has used the Try On Feature, please contact us and we will remove the associated data.
12. State-Specific Information
- Illinois. This Notice is Remark's publicly available written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information. Remark does not process biometric identifiers without the disclosure and written release described in Section 5, and does not sell, lease, trade, or otherwise profit from biometric identifiers or biometric information.
- Texas and Washington. Remark does not capture a biometric identifier for a commercial purpose without the notice and consent described in Section 5, and destroys biometric identifiers within a reasonable time and no later than one year after the purpose for collection expires.
- Washington (My Health My Data Act). To the extent the data described in Section 3 is consumer health data, Remark collects and shares it only with your consent and only for the purposes described in Section 4. Remark does not sell consumer health data. You may withdraw consent and request deletion as described in Section 7.
- Colorado. Remark does not sell, lease, or trade biometric identifiers and does not condition the provision of any service on your consent. You may access, correct, delete, and obtain a copy of biometric data Remark holds, and withdraw consent at any time.
- California. Biometric data is sensitive personal information under the CCPA. Remark acts as a service provider and uses it only for the purposes described in Section 4, which does not trigger a separate right to limit its use. You may still request access to, correction of, or deletion of data Remark holds.
- New York. Remark does not sell, lease, trade, or share biometric identifier information in exchange for anything of value.
- Other states. Where your state grants rights beyond those described here, we honor them as they apply to Remark in its role as service provider.
13. Outside the United States
If you use the Try On Feature in the European Economic Area or the United Kingdom, Remark treats the data described in Section 3 as special category personal data under Article 9 of the GDPR and the UK GDPR. It is processed on the basis of your explicit consent, which you may withdraw at any time without affecting the lawfulness of processing carried out before withdrawal. It is not processed for the purpose of uniquely identifying you.
In that context the Customer is the controller and Remark is the processor. Requests to exercise your rights should be directed to the Customer.
14. Changes to This Notice
Remark may modify this Notice at any time. If we change how we collect, use, or retain biometric data, we will update the date of this Notice and post it on the website. If a change is material, we will obtain fresh consent before the new practice applies to your data.
15. How to Contact Us
97 Labs, Inc. is responsible for the processing of biometric data described in this Notice, in its role as a service provider to the Customer. For questions about this Notice, or to exercise your rights with respect to biometric data Remark holds, contact us at:
97 Labs Inc., d/b/a Remark
276 5th Avenue, Suite 704-3007
New York, NY 10001
privacy@remark.ai
For anything relating to the Customer's own use of your information, please contact the Customer directly.