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Biometric Data Privacy Release and Consent Form (“Consent”)

User (i.e., you, the person enrolling to use this System as a user) understands and agrees that, by agreeing to this Consent pursuant to the process described herein, the Practice (as defined below) may collect, capture, retain, store and use User’s biometric data for the purpose of verifying User’s identity and authenticating User as an enrolled individual for purposes of identifying authorized access to this inventory management device and system (the “System”). “Practice” means the business entity that User is employed by or providing services to and that is providing User access to the System in connection with such service relationship.

The System uses hardware and software systems to scan a user’s fingerprint and extract templates to create a unique mathematical representation. This representation is used to verify the User’s identity when such User seeks access to the System. All such biometric data stored by the System will only be stored locally on the System hard drive and will not be possessed by, transmitted to or otherwise shared with any third party. Any biometric data will be stored locally on the System using encryption features and provide no direct access to such biometric data to any third party. However, the Practice may disclose or disseminate biometric data that are stored locally on the System hard drive to third parties for authorized purposes pursuant to separate authorization the Practice obtains from the User.

User understands and agrees that (i) providing biometric data is not required for User to use the System; (ii) User is free to decline to provide biometric data and biometric information to use the System; (iii) User can choose to access the System by using an individual PIN and Password; and (iv) User can revoke this consent at any time.

User understands that all access codes (biometric or pin code/electronic signature) will be de-activated and biometric data will be deleted after a User’s termination or separation from employment or other service relationship with the Practice, or within three years after the User’s last use of the System, whichever occurs first.

User also understands, acknowledges and agrees that no third-party entity, other than the Practice, collects, possesses, retains, captures, stores, purchases, uses, leases, receives through trade, transmits, or otherwise has direct access to biometric data collected on this System unless access is provided to such third parties by the Practice. Notwithstanding anything herein to the contrary, in the event the third-party vendor that provides the System (or any of its agents) does temporarily have physical possession of, or other access to, the System in order for such third party vendor to perform its obligations to Provider, then the consent provided herein applies to such third party vendor (and/or any of its agents). This includes but is not limited to authorization for third party vendors (or their agents) such as Cubex LLC that provides the System, to access the System and any biometric information stored on the System in its performance of its obligations to Provider.

User understands that (i) the Practice may have a separate disclosure and consent for use of biometric data and (ii) the disclosure and consent set forth herein is intended to operate in conjunction with the Practice’s disclosure and consent and does not conflict with any terms in such disclosure or consent that may be more specific than those stated herein.

User may revoke this consent at any time by notifying the Practice in writing (by certified mail, return receipt requested, addressed to the Practice’s main headquarters or primary business location); provided, however, (i) any such revocation shall only apply prospectively from the date the Practice actually receives such notice in writing and shall not apply retroactively and (ii) notwithstanding the foregoing, any such revocation shall not apply to the release provided hereunder, which shall remain in full force and effect after any such revocation.

For good and valuable consideration, the sufficiency of which is hereby acknowledged and agreed, User hereby unconditionally, irrevocably and absolutely releases and discharges (i) the Practice and its directors, managers, officers, employees, agents, stockholders and affiliated entities and (ii) Practice’s third party vendor that provides the System and its directors, managers, officers, employees, agents, stockholders and affiliated entities (each a “Released Party”), from any and all legally waivable liabilities, claims, demands, causes of action, suits of any type, damages, losses, costs, and expenses (including, but not limited to, attorneys’ fees) of any nature whatsoever, whether in law and/or in equity, known or unknown, suspected or unsuspected, related directly or indirectly or in any way connected with the collection, capture, possession, retention, storage and/or use of User’s biometric data; provided, however, that Provider only uses User’s biometric data for the purposes described herein. User agrees that this total and complete release shall apply to the maximum extent allowed by applicable law and includes claims of all types under any legal or equitable theory arising under any applicable law or regulation regulating, affecting or otherwise related to biometric data privacy in any way, including, but not limited to, the Illinois Biometric Information Privacy Act and any similar laws or regulations. User has been made aware of, and understands, the provisions of California Civil Code Section 1542 ("Section 1542"), which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." User expressly, knowingly, and intentionally waives any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.

User further acknowledges and agrees that (i) the Practice’s third party vendor that provides the System (and its directors, managers, officers, employees, agents, stockholders and affiliated entities) are each an intended third party beneficiary of this Consent, (ii) if any term or condition of this Consent is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of the Consent which can be given effect without the invalid provision or application and (iii) this Consent applies to each and every instance of User’s access to the System, whether such access took place prior to User’s acceptance of this Consent or afterwards.

If user agrees to this Consent (pursuant to the process provided through the System or any other process expressly explained to User by Provider), User voluntarily consents to the collection, possession, storage, and use of biometric data through the System as described above and the other terms and conditions set forth herein. If User instead does not agree to this Consent (pursuant to the process provided through the System or any other process expressly explained to User by Provider), User should request a PIN and Password from the Practice administrator in order to access the System. For the avoidance of doubt, any election by User that User does not agree to this Consent will not revoke the enforceability of any consent previously provided by User related to biometric data for the applicable period of time that is covered by such prior consent.


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