FaceApp Once Again Stirs Up Debate On Personal Likeness Rights

It’s happened before, and will probably happen again.

So, FaceApp has been a thing for a while. But it has once again attained the attention of everyone. And, in turn, it’s once again stirred up debate regarding the privacy concerns inherent to the app.

And they’re far from the only concerns with it. In the past, they’ve caught heat for their “change ethnicity” filter, as well as a “hotness” filter that primarily lightens one’s skin. But what has once again brought a resurgence for the app is a filter that shows what it thinks you’d look like in old age. Which has in turn prompted security advisors to point out the security risks in using the app.

As security advisor Jane Wong points out, not much data is actually sent to the company’s servers when you use it; mostly metrics. That said, the real concern is buried in FaceApp’s Terms of Service. Which seems to, by you’re usage of the app, grant them perpetual usage of your likeness, as well as a number of other personal data (my personal emphasis in bold):

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). User Content does not include user-generated filters. Except for the license you grant below, you retain all rights in and to your User Content, as between you and FaceApp. Further, FaceApp does not claim ownership of any User Content that you post on or through the Services.


You grant FaceApp a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your [username], location or profile photo) will be visible to the public.


You grant FaceApp consent to use the User Content, regardless of whether it includes an individual’s name, likeness, voice or persona, sufficient to indicate the individual’s identity. By using the Services, you agree that the User Content may be used for commercial purposes. You further acknowledge that FaceApp’s use of the User Content for commercial purposes will not result in any injury to you or to any person you authorized to act on its behalf. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that FaceApp may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.


You represent and warrant that: (i) you own the User Content modified by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.


You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.


User Content removed from the Services may continue to be stored by FaceApp, including, without limitation, in order to comply with certain legal obligations. FaceApp is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. FaceApp will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

Granted, these terms are pretty much the same across a number of apps you probably rely on every day. And, much like with FaceApp, their terms are equally nebulous, offering much the same potential to squirrel away little bits of your personal data. On the plus side, at least, FaceApp doesn’t offer any service you might consider indispensable, right?

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Source: Gizmodo

About Author

B. Simmons

Based out of Glendale California, Bryan is a GAMbIT's resident gaming contributor. Specializing in PC and portable gaming, you can find Bryan on his 3DS playing Monster Hunter or at one of the various conventions throughout the state.

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