It might be hard to get started and wrap the thinking with the digital consent around your heads and existing Privacy Policy in your organization. In this article we will try to help with some examples
In the QBank consent feature you have the possibility to create two different consen types,
Consent request, when you are requesting consent for a specific image or video
Upload consent, When you collect consent beforehand for a number of assets.
When to use what can be tricky but a thumb rule can be,
- Use Request consent if the consent giver should be able to pick what images to be used or when you are asking for consent from a person one time.
- Use upload consent for your employees, board or at an event when you know you will have several images on each person.
The legal terms for these two types can be quite similar but it is good to be a bit clearer in the introduction about whether or not it is a one time use or if you ask for permission beforehand.
To help you we have created examples of bot that you can use as a starting point. Please beware that these are only an example, it is important that you secure the policy fits your organizations processes and needs.
Suggestion: Request consent - Legal Term example,
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Consent for Use of Selected Images
Thank you for considering allowing [Your Company's Name] to use your image in our marketing materials. We value your privacy and rights, which is why we want to ensure you have full control over which specific images of you we may use.
By approving these images, you are agreeing to the following terms:
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Grant of Rights: You grant [Your Company's Name] the right to use the approved images of you. These images may appear in various materials, including but not limited to, online content, social media platforms, and other marketing mediums.
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No Obligation for Approval: You are not obligated to approve any images you are not comfortable with. Only the photos you explicitly approve will be used by [Your Company's Name].
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Ownership After Approval: Upon your approval, [Your Company's Name] may edit, alter, or reproduce the images, and publicly display, distribute, or publish the images for promotional purposes. You agree that these actions are permissible so long as they do not constitute a transformation of your likeness in a fundamentally false manner.
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Waiver of Inspection or Compensation: You waive any right to inspect or approve the finished product and any right to compensation related to the use of the images.
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Ability to Revoke Consent: You have the right to revoke your consent at any time by contacting [Your Company's Name] in writing. However, please note that this will not apply to already published materials.
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Release of Liability: You release [Your Company's Name] from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have in connection with this authorization.
Please review and approve the specific images you are comfortable with us using. Your approval will serve as your agreement to these terms.
[Checkbox] I agree to the Consent for Use of Selected Images in Marketing and Promotional Material.
Suggestion: Upload consent - Legal Term example,
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Consent for Future Image Use in Marketing Materials
By agreeing to these terms, you are providing [Your Company's Name] with your explicit consent to use photographs or digital images of you in its marketing materials, including but not limited to website publication, social media posts, and other promotional materials.
Below are the conditions of this consent:
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Pre-Approval for Future Use: You grant [Your Company's Name] permission to use up to [X number] of different photographs or digital images featuring you over the next [X years]. This pre-approval eliminates the need to request permission for each individual use.
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Ownership of Images: While [Your Company's Name] has the right to use the images, the photographs themselves remain your property. Any utilization is restricted to promotional, marketing, and informational content produced by [Your Company's Name].
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No Compensation: You acknowledge that your participation is voluntary and that you will not receive financial compensation of any type associated with the taking or use of these photographs or participation in company marketing materials.
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Scope of Image Use: You authorize the use of these images without further permission for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
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Revocation of Consent: You have the right to revoke this authorization at any time by notifying [Your Company's Name] in writing. However, you understand that revoking consent does not affect materials already published, as the company cannot control already printed publications or materials released on the internet.
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Release of Liability: You release [Your Company's Name], its employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by you or any third party in connection with your participation.
By ticking this box or signing below, you acknowledge and agree to the above terms and conditions.
[ Checkbox ] I grant [Your Company's Name] permission for future image use as described above.
Once again, these are just examples to use as starting point. We recommend you to align these with your Organizations policies and to fit the intended use. We wrote a blog post on what to consider when thinking of your privacy policy connected to images and vides and the first and ost important thing mentioned is transparency, be transparent of the use to gain trust from your users, employees etc.