AUTO PHOTO VERIFICATION INFORMED CONSENT AND NOTICE
Last Updated: April 11, 2025
This AUTO PHOTO VERIFICATION INFORMED CONSENT AND NOTIC ("Consent" or "Informed Consent") is presented by Successfulmatch.com, Inc., a Delaware corporation,
(Company" , "We" , "Us" or "Our")
to members and/or other users ("User" or "You" or "Your",
each a "Party" and jointly the "Parties") of the Company's www.SugarDaddyMeet.com site (the "Company Site") who seek to
participate in its Photo Verification Feature (as such term is defined in this Informed Consent). Any word or phrase containing capitalized words not defined
in this Informed Consent is presumed to be defined in the Company's Privacy Policy (the "Privacy Policy"). Here is a link to the Privacy Policy which you
can download: https://www.SugarDaddyMeet.com/privacyPolicy.
BY OPTING INTO, OR BY OTHERWISE PARTICIPATING IN, THE PHOTO VERIFICATION FEATURE, OR BY OTHERWISE CHECKING THE "I AGREE" OR "CONTINUE" BOX TO THIS INFORMED CONSENT, YOU (AS AN INDIVIDUAL) HEREBY ACKNOWLEDGE AND AGREE THAT, AS OF THE DATE HEREOF:
•YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ, AND HAVE READ, THIS INFORMED CONSENT.
•YOU FULLY AND COMPLETELY UNDERSTAND ALL OF THE NOTICES AND DISCLOSURES PROVIDED IN THIS INFORMED CONSENT
•YOU HEREBY PROVIDE YOUR INFORMED CONSENT TO, AND HEREBY AGREE AND ASSENT TO, ALL OF THE PROVISIONS SET FORTH IN THIS INFORMED CONSENT, INCLUDING WITHOUT LIMITATION:
(I) YOU HEREBY CONSENT AND AGREE TO ALL OF THE WAYS THAT YOUR COLLECTED DATA (AS SUCH TERM IS DEFINED HEREIN) WILL BE GATHERED, COLLECTED, RECORDED, HELD, DISTRIBUTED, SHARED, DISCLOSED, USED OR OTHERWISE PROCESSED AS PART OF THE PHOTO VERIFICATION FEATURE AND AS OTHERWISE DISCLOSED IN THIS INFORMED CONSENT;
(II) YOU HEREBY GIVE THE COMPANY YOUR AFFIRMATIVE CONSENT AND AUTHORIZATION TO GATHER, COLLECT, RECORD, HOLD, DISTRIBUTE, SHARE, DISCLOSE, AND/OR OTHERWISE USE YOUR COLLECTED DATA AS PART OF THE PHOTO VERIFICATION FEATURE AND AS OTHERWISE SET FORTH IN THIS INFORMED CONSENT; AND
(III) YOU HEREBY ACCEPT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THIS INFORMED CONSENT, AND CONFIRM AND AGREE THAT THIS INFORMED CONSENT SHALL GOVERN THE USE OF YOUR COLLECTED DATA FOR PURPOSES OF THE PHOTO VERIFICATION FEATURE.
• YOU HEREBY AGREE THAT NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS INFORMED CONSENT WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS INFORMED CONSENT, THEN YOU SHOULD NOT PARTICIPATE IN THE COMPANY'S PHOTO VERIFICATION FEATURE.
• YOU HEREBY AGREE THAT THIS INFORMED CONSENT IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
NOTICE ABOUT ARBITRATION AND WAIVER OF CERTAIN RIGHTS IN A DISPUTE WITH THE COMPANY:
YOU ARE HEREBY GIVEN NOTICE THAT PURSUANT TO SECTION 9 OF THIS INFORMED CONSENT, YOU ARE ALSO AGREEING TO THE FOLLOWING, AS MORE FULLY SET FORTH IN SAID SECTION 9 HEREIN:
(1) ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND THE COMPANY ARISING UNDER THIS INFORMED CONSENT, WHICH INCLUDES YOU WAIVING YOUR RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE; AND
(2) THE WAIVER OF YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING REGARDING ANY DISPUTE UNDER THIS INFORMED CONSENT; AND
(3) THE GOVERNING LAW PROVISIONS AND JURISDICTION AS MORE FULLY SET FORTH IN SECTION 9 OF THIS INFORMED CONSENT.
1. DEFINITIONS
In addition to any other defined terms in this Informed Consent, the following terms shall have the following meanings:
1.1 "
Affiliate" has the meaning set forth in the Privacy Policy.
1.2 "
Biometric Data" has the meaning set forth in Section 3.1 of this Informed Consent.
1.3 "
Collected Data" includes the Biometric Data, Video Selfies, Video Screen Captures, Profile Photos, Face
Vectors, and Stored Face Vectors.
1.4 "
End User Service Agreement" has the meaning set forth in Section 9.2 of this Informed Consent.
1.5 "
Face Vector" means a mathematical representation of a face that is extracted from an image.
1.6 "
Liability Cap" has the meaning set forth in Section 8.2 of this Informed Consent.
1.7 "
Liveness Check" has the meaning set forth in Section 2.2 of this Informed Consent.
1.8 "
Photo Verification Feature" has the meaning set forth in Section 2 of this Informed Consent.
1.9 "
Profile Photo" means the photo that You have designated as Your first identifying photo on the Company Site.
1.10 "
Related Party" has the meaning set forth in the Privacy Policy.
1.11 "
Service Provider" has the meaning set forth in the Privacy Policy, including but not limited to Amazon Web
Services or other third parties engaged by the Company to assist the Company in carrying out the Photo Verification Feature.
1.12 "
Stored Face Vectors" means the compilation of all Face Vectors of all Users of our Photo Verification Feature
stored on Our Service Providers' servers or our servers that We are able to access.
1.13 "
Verification Badge" has the meaning set forth in Section 2.1 of this Informed Consent.
1.14 "
Video Screen Capture" has the meaning set forth in Section 2.2 of this Informed Consent.
1.15 "
Video Selfie" has the meaning set forth in Section 2.2 of this Informed Consent.
2. DESCRIPTION OF PHOTO VERIFICATION FEATURE
2.1 Overview. The Photo Verification Feature is a voluntary process designed to enhance trust among Users by verifying
that the photos on Your profile genuinely represent You. This process consists of three operations, the Liveness Check, Face Authentication, and Ongoing Fraud Prevention,
as detailed below. Upon successful completion of the Liveness Check and Face Authentication, a badge will be added to Your profile, signaling to others that You have
completed these steps ("Verification Badge"). The Photo Verification Feature functions using services offered by Our Service Providers.
2.2 Liveness Check. This step requires You to take a video of Your face ("Video Selfie"), which is then sent to Our
and/or Our Service Providers' servers. This video is then analyzed using machine learning to detect for fake or altered content. If the video is deemed authentic, up
to four screen captures ("Video Screen Captures") will be taken from the video and stored on Our and/or Our Service Providers' servers.
2.3 Face Authentication. Your Video Screen Captures and a copy of Your Profile Photo will be sent to Our and/or Our Service
Providers' servers, where they will be used to create Face Vectors. The Face Vectors derived from your Video Screen Captures and the copy of your Profile Photo will
be compared to one another to determine if Your Profile Photo accurately represents the face in Your Video Selfie. Once You pass the Face Authentication, a Verification
Badge will be added to Your profile. These Face Vectors may also be compared to Stored Face Vectors to allow for the ongoing prevention of duplicate and/or fraudulent
accounts.
2.4 Ongoing Fraud Prevention. All Face Vectors will be stored on Our and/or Our Service Providers' servers as Stored
Face Vectors to allow for the ongoing prevention of duplicate and/or fraudulent accounts.
3. BIOMETRIC DATA DEFINED
3.1 Biometric Data. "Biometric Data" is broadly defined as: (1) information that identifies an individual and
is generated from the measurement or technological processing of an individual's physiological, biological, or behavior characteristics; and (2) information derived
from the processing of such information that identifies an individual. Biometric Data does not include physical or digital photographs; video or audio recordings; or
information collected, used, or stored for health care treatment, payment, or operations under the federal health insurance portability and accountability act of 1996.
3.2 Applicable Laws. You are receiving this Consent in compliance with state comprehensive consumer data laws, consumer
health data laws, and biometric privacy laws. Biometric Data, as defined above, may also be labeled as biometric identifiers, biometric information, and sensitive personal
information under applicable laws.
4. COLLECTION, USAGE, AND DISCLOSURE
4.1 Specific Biometric Data. The only Biometric Data that we collect, use, and disclose are (1) scans of face geometry in
the form of Face Vectors and (2) information derived from Face Vectors.
4.2 Purpose. We collect, use, disclose your Biometric Data as reasonably necessary to provide You with the Photo
Verification Feature
4.3 Sources of Collection. We collect Biometric Data from the following sources: You; Your device(s); and Our Service
Providers:
• You
• Your device(s)
• Our Service Providers
4.4 Sources of Disclosure. We disclose Biometric Data to the following sources:
• New owners in the event of a change of ownership or control of all or part of our
products or their assets changes;
• Affiliates and Our Service Providers; and
• Law enforcement or other third parties in connection with legal requests, to comply
with applicable law or to prevent harm.
5. YOUR DATA RIGHTS
5.1 List of Biometric Data Rights. You have the right to:
•Request that we confirm whether we are collecting or disclosing your Biometric Data (and with whom)
•Request that we stop collecting, processing, or disclosing your Biometric Data.
Please note that the Photo Verification Feature requires the collection, processing, and disclosure of your Biometric Data. If you request that we stop collecting, processing, or disclosing your Biometric Data, you will be unable to utilize the Photo Verification Feature.
•Request access to your data
•Request deletion of your data
5.2 Other Data Rights. For a detailed explanation of all other data rights, please see the Privacy Policy found here:
https://www.SugarDaddyMeet.com/privacyPolicy
5.3 Exercising Your Rights. To submit a request to exercise your rights or file an appeal, please email support<AT>SugarDaddyMeet.com or call
1-888-702-1274 (toll free phone number).
6. BIOMETRIC DATA RETENTION POLICY
Biometric Data is retained for as long as reasonably necessary to provide you with the products and services you have requested. Your Biometric Data will be destroyed (1)
when your Biometric Data is no longer required to provide you with the products and services you have requested, (2) you have exercised your right to deletion, or (3) after
three years since you have last interacted with us.
7. DISCLAIMERS
7.1 Accuracy Disclaimer. Machine learning is a rapidly evolving field of study. Company is constantly working to improve
the Photo Verification Feature to make it more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning the Photo Verification Feature
may, in some situations, improperly verify an account. You understand and agree that (a) a Verification Badge does not guarantee that the Profile Photo of an account
reflects the user of the account and (b) You, and not Company, shall be solely responsible for verifying the identity of user accounts that You interact with.
7.2 Warranty Disclaimer. The Photo Verification Feature is provided "as is" and Company, their subsidiaries,
agents, licensors, managers, and other affiliated companies hereby disclaim all warranties, express or implied, including all implied warranties of merchantability, fitness
for a particular purpose and title, noninfringement, or quiet enjoyment, and any warranties arising out of course of dealing or trade usage. Despite anything to the
contrary, Company makes no representations or warranties (a) that use of the Photo Verification Feature will be uninterrupted, error free, or secure; or (b) that defects
will be corrected.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY LAW,
COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), RESULTING FROM USE OF THE PHOTO VERIFICATION FEATURE, EVEN IF SUCH COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE
DAMAGES.
8.2 Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY AND OBLIGATIONS
UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS, PAID BY USER TO COMPANY FOR THE SERVICES GIVING RISE TO THE LIABILITY OR OBLIGATION IN THE SIX (6) MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY AROSE (THE "
LIABILITY CAP").
9. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
9.1 GOVERNING LAW. Regardless of where You live or from which physical location You access the Company Website, the substantive
and choice of law provisions of the State of Delaware shall apply to this Informed Consent, and any action related thereto, without regard to Delaware's conflict of
law provisions, but Delaware law shall not apply to the arbitration provisions in Section 9.3 of this Informed Consent, which are governed solely by the Federal Arbitration
Act.
9.2 NON-WAIVER. Our failure to exercise or enforce any right or provision of the End User Service Agreement between the Company
and You (hereinafter referred to as the "
End User Service Agreement"), the Privacy Policy, or this Informed Consent shall not
constitute a waiver of such right or provision.
9.3 ALTERNATIVE DISPUTE RESOLUTION.
BY CONSENTING TO THIS INFORMED CONSENT AND/OR BY ENTERING INTO THE END USER SERVICE AGREEMENT, YOU AGREE THAT, IF ANY DISPUTE ARISES OUT OF OR IN ANY WAY RELATED TO THIS INFORMED CONSENT, THE PRIVACY POLICY AND/OR THE END USER SERVICE AGREEMENT AND/OR YOUR USE OF THE "SERVICE" AS DESCRIBE IN SUCH END USER SERVICE AGREEMENT (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "DISPUTES"), ANY AND ALL SUCH DISPUTES SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE A RETIRED JUDGE OR JUSTICE WITH JAMS PURSUANT TO JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IN EFFECT AT THE TIME OF ANY SUCH DISPUTE.
PURSUANT TO JAMS RULES IN EFFECT AT THE TIME, THE COMPANY MAY REQUEST THAT THE ARBITRATOR CONDUCT ANY PROCEEDING, OR ANY PORTION THEREOF, IN PERSON OR VIRTUALLY BY CONFERENCE CALL, VIDEOCONFERENCE OR USING OTHER COMMUNICATIONS TECHNOLOGY WITH PARTICIPANTS IN ONE OR MORE GEOGRAPHICAL PLACES
YOU AND THE COMPANY MUTUALLY AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS INFORMED CONSENT, THE PRIVACY POLICY AND/OR THE END USER SERVICE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS INFORMED CONSENT, THE PRIVACY POLICY AND/OR THE END USER SERVICE AGREEMENT IS VOID OR VOIDABLE. IF THE PARTIES ARE UNABLE TO AGREE ON A JAMS RETIRED JUDGE OR JUSTICE WITHIN FIFTEEN (15) CALENDAR DAYS OF A DEMAND FOR ARBITRATION FILED WITH JAMS BY EITHER OF US, JAMS WILL FOLLOW THE PROCEDURE IN ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES TO NAME A RETIRED JUDGE OR JUSTICE WHO WILL ACT AS THE SOLE ARBITRATOR. ANY DECISION OF THE ARBITRATOR MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION AND THE ENSUING JUDGMENT MAY THEREAFTER BE ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION. THE ENSUING JUDGMENT MAY ALSO BE APPEALED PURSUANT TO APPLICABLE FEDERAL LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS INFORMED CONSENT, THE PRIVACY POLICY AND/OR THE END USER SERVICE AGREEMENT INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
9.4 CLASS ACTION WAIVER.
EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, (I) YOU AND THE COMPANY HEREBY MUTUALLY INTEND AND AGREE THAT NEITHER WILL ASSERT ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS, NOR WILL SUCH ACTIONS OR PROCEDURES APPLY IN ANY ARBITRATION PURSUANT TO THIS INFORMED CONSENT, THE PRIVACY POLICY AND/OR THE END USER SERVICE AGREEMENT; (II) WE MUTUALLY AGREE THAT NEITHER WILL ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR IN ANY OTHER PROCEEDING OR ACTION; AND (III) YOU SHALL ONLY SUBMIT YOUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON.
9.5 ARBITRATION CONFIDENTIALITY.
THE DISPUTES (AS DEFINED ABOVE), AS WELL AS THE ARBITRATION PROCEEDINGS AND AWARD REGARDING SUCH DISPUTES, SHALL BE KEPT STRICTLY CONFIDENTIAL AND GOVERNED BY THE CONFIDENTIALITY PROVISIONS ADDRESSED IN THE END USER SERVICE AGREEMENT BETWEEN YOU AND THE COMPANY.
9.6 ARBITRAL JURISDICTION.
YOU AND THE COMPANY AGREE THAT THIS INFORMED CONSENT, THE PRIVACY POLICY AND THE END USER SERVICE AGREEMENT INVOLVES INTERSTATE COMMERCE AND THE ARBITRATION WILL BE GOVERNED BY THE PROVISIONS OF THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET SEQ.). DELAWARE SUBSTANTIVE LAW SHALL GOVERN THE UNDERLYING DISPUTES TO BE ARBITRATED.
YOU AND THE COMPANY AGREE THAT THE ARBITRATOR, NOT ANY FEDERAL OR STATE COURT JUDGE, SHALL HAVE THE EXCLUSIVE JURISDICTION TO RESOLVE ANY AND ALL DISPUTES REGARDING THE ARBITRATOR'S JURISDICTION AND THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS BINDING PRIVACY POLICY AND THE BINDING END USER SERVICE AGREEMENT TO ARBITRATE, INCLUDING BUT NOT LIMITED TO DETERMINING WHICH DISPUTES ARE SUBJECT TO ARBITRATION, OR ANY CONTENTION THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS UNENFORCEABLE, VOIDABLE OR VOID.
10. CONTACT US
If You have any questions relating to this Informed Consent or wish to submit a request, You should email the Company support<AT>SugarDaddyMeet.com or call 1-888-702-1274 (toll free phone number).