Call Recording Notice

CallMama does not record your calls automatically. Recording happens only when you, as a web portal user, choose to turn it on. When you do, you are responsible for obtaining any consent that the law requires from the other people on the call. CallMama provides the recording tool; the legal duty to record lawfully is yours.

Laws on recording conversations differ by location, and a call can connect people in different states or countries at once.

United States

US states fall into two groups:

• One-party consent states (and the federal baseline) — recording is allowed if at least one person on the call consents, which can be you.
• All-party (two-party) consent states — every person on the call must consent before it is recorded. These states include, among others, California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Recording without all-party consent in these states can be a criminal offence and can expose you to civil damages.

United Kingdom and European Union

A recording of an identifiable person is personal data. You generally need a lawful basis to record and must inform the other party. Recordings are subject to data-protection rules on retention, security, and individuals' access rights.

Canada

Federal law in Canada (the Criminal Code, Section 184) prohibits intercepting private communications without consent. This carries a maximum penalty of five years imprisonment. Canada's federal privacy law (PIPEDA) and stricter provincial laws in British Columbia (PIPA), Alberta (PIPA), and Québec (Law 25, effective September 2023) require meaningful consent before recording a conversation. Québec Law 25 is particularly strict and requires explicit consent with clear disclosure of purpose. Treat all calls with Canadian participants as requiring all-party consent.

Australia

Each Australian state and territory has its own Surveillance Devices Act or equivalent legislation prohibiting recording of private conversations without consent. The penalties vary by jurisdiction but can reach five years imprisonment and significant fines. The federal Telecommunications (Interception and Access) Act 1979 also applies. Treat all calls with Australian participants as requiring all-party consent and use the recording announcement tool.

• An option to play an automated recording announcement at the start of a recorded call. Where you record, you should enable it.
• Controls to start, stop, label, download, and delete recordings.
• A retention setting so recordings are not kept longer than you need.

Using these tools helps, but it does not transfer the legal responsibility to CallMama — obtaining valid consent remains your duty.

If you use a third-party AI tool — for example an AI transcription or summarisation service — to process a recording made through CallMama, that creates additional legal obligations. Processing a recording with an AI service is a new data processing purpose that requires its own lawful basis under GDPR and applicable data protection law. You must ensure any AI service you use handles recordings in compliance with applicable privacy law, and that the participants in the call were informed that their conversation would be processed by AI. The EU AI Act also imposes transparency obligations where AI systems interact with individuals. CallMama does not automatically transcribe your recordings. Any transcription you arrange is your responsibility.

• Recordings are stored on our cloud infrastructure and are accessible to you through the web portal.
• We process recordings to provide the storage and playback feature, and to keep the Service secure. We do not sell recordings.
• Recordings are kept for as long as you keep them, subject to any retention setting you choose. You can delete recordings you control at any time through the web portal. If your account is closed, your recordings remain accessible for 30 days so you can download them. After 30 days they are permanently deleted. If your account is terminated for breach of our policies, this export window may not apply.
• We may be required to preserve or produce a recording in response to a binding court order, warrant, statutory obligation, or equivalent compulsory legal process issued by a competent authority. We do not voluntarily disclose recordings absent such compulsion, except to prevent imminent harm to life or personal safety.

If you use the web portal to record calls with your own customers or contacts, you are the data controller for those recordings and CallMama acts as your processor under the Data Processing Agreement. You must give your callers the notice and obtain the consent the law requires, and you must have a lawful basis and a retention period for the recordings.

You must not use recording to capture conversations unlawfully, to entrap or deceive, to record where you have been asked not to and the law requires consent, or in breach of our Acceptable Use Policy. Do not record calls involving anyone under the age of 18 without specific legal advice and, where required, the consent of their parent or guardian. Additional protections apply to the personal data of minors under GDPR, COPPA (US), and comparable laws. Do not use AI-generated synthetic voice or deepfake audio and record the result without disclosing to all parties that the voice is AI-generated — this is prohibited under our Acceptable Use Policy and may constitute a criminal offence in multiple jurisdictions. Misuse can lead to account termination and legal liability for you.

Privacy questions about recordings: privacy@callmama.com. We will acknowledge your query within 2 business days and aim to resolve it within 14 business days.

This notice is general information, not legal advice. If you are unsure whether you may record a particular call, take advice or do not record.

The table below gives a summary only. Laws change and vary within countries. If you are unsure, use the safe rule: treat every call as requiring all-party consent.

• United States (federal): One-party consent (18 U.S.C. § 2511).
• US all-party states (incl. CA, FL, IL, PA, WA and others listed in Section 2): All-party consent required. Criminal and civil liability for breach.
• United Kingdom: One-party consent for personal use; business recorders need a GDPR lawful basis and must notify participants.
• European Union: Varies by Member State. Most require all-party consent or prior notice. Recording is personal data processing under GDPR.
• Canada: All-party consent recommended. Criminal Code s.184 carries up to 5 years imprisonment. Québec Law 25 requires explicit consent.
• Australia: All-party consent recommended. State Surveillance Devices Acts carry penalties up to 5 years imprisonment.
• All other jurisdictions: Apply the safe rule and seek local legal advice.