Call-Recording Addendum

This Addendum forms part of the ScreenJournal Business Terms of Service (the "Terms"). It binds the Customer whenever audio capture is on for any of its Members, including audio turned on before this version. Capitalised terms not defined here have the meanings given in the Terms. This Addendum allocates responsibility between the Customer and us; it cannot make an unlawful recording lawful.

1. Definitions

• "Call" means a voice or video conversation between two or more people through a calling or meeting application.
• "Meeting" means a Call scheduled for a group, whether internal or with outside participants.
• "Webinar" means a broadcast session, in an application or website, with presenters and an audience.
• "Participant" means any person whose voice or words are captured on a Call, Meeting or Webinar, including the Monitored User, colleagues, customers, presenters and attendees.
• "Listed Application" means a meeting or calling application, or a website, that the Customer lists in its audio settings.
• "Listen Capture" means the setting under which the desktop app records whole Meetings or Webinars in Listed Applications, even when the Monitored User does not speak.

2. Why this Addendum exists

Recording conversations is regulated by wiretapping, interception and recording-consent laws that differ by country and region. Some require the consent of every party. In the Philippines, the Anti-Wiretapping Act (Republic Act No. 4200) is criminal law: it is an offence to record a private communication without the authority of all parties to it, and to possess, replay or share such a recording. Consent or notice under the Philippine Data Privacy Act does not cure an RA 4200 violation. Several US states, including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania and Washington, require the consent of all parties to a recorded conversation.

As we understand it, in India the interception of communications is governed by the Information Technology Act, 2000 and the Telecommunications Act, 2023, and a recording is personal data under the Digital Personal Data Protection Act, 2023, which requires notice to the people recorded. In the United Kingdom, as we understand it, a business may record communications on its own systems for permitted purposes under the Investigatory Powers Act 2016 and the regulations made under it, provided it makes reasonable efforts to inform the users of those systems, and the UK GDPR requires transparency towards everyone recorded. The Customer must take its own advice for every country where its Members and Participants are located.

3. What the Services do, and do not do

• Audio is off by default. An owner or administrator turns it on in the Customer's desktop policy settings, after a warning about recording laws. This Addendum is accepted by that owner or administrator when audio is first enabled for the organisation, and the acceptance is recorded with its version and the time; if it cannot be recorded, audio stays off. A team manager can enable audio for a team only after that acceptance.
• What triggers recording. When audio is on, the desktop app records whenever a Listed Application uses the microphone, and records every Participant it can hear. With Listen Capture it records whole Meetings and Webinars, every presenter and every attendee, even when the Monitored User never speaks. The Monitored User sees "Recording from" with the application's name.
• No announcement. The Services do not play any announcement to Participants, and nothing in the Services stops a recording until Participants have been told or have agreed.
• Transcripts. Recorded audio is transcribed. Transcripts attribute each passage to the member or to the other party. The transcription model also separates the voices it hears and may label a passage with a name spoken in the conversation; that label is stored with the transcript, and the Audio page shows only the member's name or "Other party". We do not match voices against voiceprints or identify anyone biometrically. Transcripts are produced by an AI model and can be inaccurate or incomplete.
• Keeping and downloading audio. The Customer chooses whether to keep the audio file or only the transcript. Where audio is kept, the Customer's managers can download it, and downloaded copies are outside our control.
• Retention. Audio and transcripts are kept for the subscription term unless deleted earlier, as set out in our Retention & Deletion Protocol.

4. Before enabling audio

Before turning audio on, the Customer must:

1. establish, for every country and region where its Monitored Users and their Participants are located, whether and how recording is lawful, including whether Listen Capture of Webinars is lawful and permitted by the Webinar organiser's terms;
2. list only the applications and websites it has a lawful reason to record, and leave Listen Capture off where it cannot lawfully record every attendee;
3. tell each Monitored User, in its own notice, that their Calls, Meetings or Webinars may be recorded and how the recordings are used;
4. put in place a method of informing Participants, and obtaining their consent where the law requires, that works without any help from the Services, such as a spoken announcement, a notice in the meeting invitation or the calling platform's own recording notice;
5. obtain from each Monitored User with audio on an undertaking to comply with the recording laws that apply where they and the people they speak with are located, and to give any legally required notices and obtain any required consents before recording others. The Services show this undertaking at every desktop sign-in and record the acknowledgment, but that does not replace the Customer's own instruction and training; and
6. for Philippine Members or Participants, keep audio off unless the Customer has confirmed with Philippine counsel that its method satisfies RA 4200. We recommend that Philippine customers keep audio off until they have done so.

5. For every recording

The Customer must ensure that, for every Call, Meeting or Webinar recorded through the Services:

1. every Participant is told that the conversation is recorded, at or before the start, in a way the law accepts;
2. every consent the law requires is obtained before recording starts, and a Participant who objects is not recorded, for example by the Monitored User turning meeting capture off or ending the Call;
3. Calls the Customer has no lawful reason to record, such as personal calls, legally privileged calls or calls with authorities, are not recorded; and
4. payment-card details are not spoken into a recorded Call, using DTMF masking or an equivalent control.

6. Participants' requests and recordings in the Customer's hands

The Customer is the controller of recordings and transcripts and must answer Participants' requests about them. We publish a notice for people recorded on calls and webinars, and we pass on any request we receive. Downloaded recordings must be handled as the Acceptable Use Policy requires.

7. Representations and indemnity

The Customer represents that it is lawfully entitled to record every Call, Meeting and Webinar it records through the Services. It will defend and indemnify us against all claims, fines, penalties and losses arising from its failure to inform Participants, obtain consents or otherwise record lawfully, as set out in the Terms. This indemnity allocates financial risk only. Criminal liability under RA 4200 or any other law rests with whoever commits the offence and cannot be transferred by contract.

8. Changes in law

If the law changes so that recording requires a step the Customer's method does not provide, the Customer must stop recording affected Calls until it has adopted that step.

9. Suspension

We may turn audio off for the Customer, immediately and without liability, if we reasonably believe recording is taking place without the notice or consent the law requires, or if a competent authority requires it. We will tell the Customer why.