Clock-in photo consent template

This page is a starting point, not legal advice. A clock-in photo can be regulated as biometric data in some states, including Illinois, Texas, and Washington. The employer is responsible for obtaining written consent before any photo is captured and for complying with the laws that apply where the crew works. Confirm the exact requirements with an employment attorney before turning the feature on.

1. What this feature is

When an employer enables it, the photo-at-clock-in feature uses the device camera to take a single photo at the moment a worker taps Clock In. The photo is saved alongside that time entry so the employer can confirm who recorded the punch.

The feature is optional and off by default. Clox does not take any photo unless an employer has turned the feature on for their account. If it is off, no photo is captured at clock-in.

2. Why an employer would use it

Employers use the clock-in photo for a narrow purpose: to confirm that the right person recorded the punch and to deter buddy-punching, where one worker clocks in on behalf of another.

3. What Clox does and does not do with the photo

Clox treats a clock-in photo as an ordinary image attached to a time entry. It is stored with the time record and shown to the employer for verification.

• Clox stores the photo with the time entry it belongs to.
• Clox does not run facial recognition on the photo.
• Clox does not extract, generate, or store facial-geometry or other biometric identifiers from the photo.
• The photo is used to verify the punch, not to monitor workers between punches.

4. How long photos are kept

A clock-in photo is kept for as long as the time entry it is attached to is kept. It is deleted when that time entry is deleted, which a manager can do for a shift that has not been approved for payroll or locked, or when the employer closes their Clox account, as described in our Privacy Policy. A single photo cannot be deleted on its own. Turning the feature off stops new photos but does not remove photos already stored, and a worker who deletes their own Clox account does not remove the photos attached to their time entries.

5. Questions and concerns

Workers can ask their employer questions about how clock-in photos are used, request that a photo be deleted, or raise a concern about the feature. The employer who enabled the feature controls these settings and is the right first point of contact.

6. Employer responsibilities

The employer, not Clox, is responsible for obtaining valid written consent from each worker and for complying with the biometric and privacy laws that apply where their crew works. Several states regulate the collection of photos and biometric data closely, including Illinois (the Biometric Information Privacy Act, or BIPA), Texas (the Capture or Use of Biometric Identifier Act, or CUBI), and Washington (its biometric-privacy law).

• Obtain written consent from each worker before any photo is captured, not after.
• Give workers clear notice of what is captured, why, and how long it is kept.
• Confirm the exact requirements for each state where your workers clock in, including Illinois, Texas, and Washington.
• Consult an employment attorney before enabling the feature, especially if any worker is in a state with a biometric-privacy law.

Clock-in photo notice & consent

Employer: [Employer legal name]

Employee: [Employee name]

[Employer legal name] uses Clox, a time-tracking application, to record work hours. With this feature turned on, Clox takes a photo of you at the moment you clock in, to confirm that you are the person recording the punch.

What this means:

• A photo is taken only at the moment you clock in.
• The photo is used solely to confirm who recorded the punch and to deter clocking in for someone else.
• Clox stores the photo with that time record and does not perform facial recognition or extract facial-geometry or biometric identifiers from it.
• The photo is kept for as long as the time record is kept and is deleted when that time record is deleted.
• You may ask [Employer legal name] questions, ask that a photo be deleted, or raise a concern about this feature at any time.

By signing below, I acknowledge that I have read and understood this notice and consent to having my photo taken at clock-in as described above. I understand that I can withdraw this consent or raise a concern with my employer at any time.

Employee signature: ________________________ Date: __________

Employee name (print): ________________________

Employer representative: ________________________ Date: __________