No-Biometrics Covenant

1. What's covered by the covenant

"Biometric data" in this covenant means every modality the term covers under U.S. state and federal biometric statutes — not a narrower marketing definition. Specifically TinyGuard will not capture, derive, or transmit:

• Face geometry — facial-recognition templates, facial-landmark vectors, or any mathematical representation of a face derived from camera footage or photographs.
• Voice prints — speaker-identification vectors or any mathematical representation of a voice.
• Fingerprints or palm prints (capture, hash, or template).
• Iris or retina scans.
• Gait analysis or movement-signature recognition.
• DNA, vein-pattern, or any other physiological identifier.

The covenant applies to TinyGuard's own platform code, to TinyGuard's AI providers under our control, and to TinyGuard's subprocessors. It is not contingent on whether the data is stored, retained, or merely transient — even transient derivation is out.

Scope clarification — device-local unlock. This covenant governs TinyGuard's own handling of biometric identifiers derived from the video, audio, and images that run through the platform — the monitored-subject identification that biometric statutes regulate. It does not restrict a user's own device operating-system unlock (for example, Face ID, Touch ID, or fingerprint) of the TinyGuard mobile app: that authentication is performed entirely by the user's device, the biometric template never leaves the device's secure hardware, and TinyGuard receives only a pass/fail signal — TinyGuard collects, derives, stores, and transmits no biometric data.

2. How the covenant is enforced

3. Why we wrote it as a covenant, not a "best practice"

Biometric data has the sharpest legal exposure surface of any data category in childcare or elder care today:

• Illinois BIPA (740 ILCS 14) creates a private right of action with statutory damages of $1,000 per negligent violation and $5,000 per intentional violation, per individual, per instance. Settlements under this statute are routinely seven to eight figures (Facebook $650M, TikTok $92M, multiple smaller-vendor cases in the same range).
• Washington RCW 19.375 requires notice and written consent before enrolling biometrics for any commercial purpose. AG enforcement under the Consumer Protection Act.
• Texas CUBI ($25,000 per violation) and NYC LL3 of 2021 add commercial-establishment restrictions.
• California CCPA / CPRA treats biometric data as "sensitive personal information" with rights to limit use and request deletion.
• New York BPPA, Colorado, Oregon, Maryland have 2026 sessions with biometric legislation under active consideration.

A "best practice" can be relaxed quietly under product pressure. A covenant — contractual, audit-defensible, carved out of the liability cap — is what gives our customers a defensible answer when a parent, a regulator, or a plaintiff's lawyer asks "what does your camera vendor do with the kids' faces." The answer is "nothing, by contract."

4. What this means for customer facilities

For your facility, the covenant means three operational things you can rely on:

• You do not need to obtain BIPA-style biometric consent from parents or residents for the TinyGuard platform to operate. The consent regime your facility runs is for the broadcast/video features (controlled by enrollment, signage, and the Center attestation), not for biometric capture — because there is none.
• No BIPA-style retention schedule applies to anything TinyGuard generates from the video, because TinyGuard does not generate biometric data. The retention rules for video (live-only on most surfaces, incident footage on the edge device, plan-tiered cloud archive when enabled) live in the Privacy Policy and your BAA/DPA.
• Procurement teams can verify the covenant in writing. The MSA §3 language is the same in every signed MSA. Counsel should be comfortable countersigning without negotiating a biometric-specific carve-in; if they want a stronger statement, the covenant is already standalone-carve-out-from-liability-cap, which is the strongest form we've seen requested.

5. What would have to change for TinyGuard to ever do biometrics

There are no internal feature flags, configuration switches, or partial rollouts that can turn on biometric processing for a TinyGuard customer. The covenant is binary by design — there is no "limited beta" or "opt-in pilot" path. Any future biometric feature is a separately negotiated amendment, not a setting.

6. Cross-references

• BAA §3 (elder care) — biometric covenant restated as a subprocessor obligation.
• Privacy Policy §6 — what we do collect from video (broadcast frames, incident footage), and the retention rules that apply.
• Subprocessor List — the third parties that touch any customer data; none receive video frames for biometric derivation.
• Terms of Service §4 — your facility's obligations around consent collection (those are about video broadcast consent, not biometric consent, because we don't do biometrics).

7. Effective date and changes

This covenant became operative on TinyGuard's first paying customer date and is restated as v1.0 of the public covenant page on May 24, 2026. Material changes to the covenant (which would only happen through the §5 amendment path) would be announced via direct facility-administrator email and a 60-day notice on this page.

8. Contact

Covenant or biometric-policy questions: privacy@tinyguard.co
Procurement / counsel review: del@tinyguard.co
Phone: (510) 686-3357
TinyGuard LLC, 7428 SW Ashford St, Tigard, OR 97224