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The policy states that when users activate the Notetaker or transcription features, Superhuman collects audio recordings of communications, including recordings of non-user participants in those communications, to generate transcriptions.
This analysis describes what Grammarly's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision discloses that audio recordings of third parties who are not Superhuman users may be captured when a user activates transcription features, raising consent and notice obligations that may vary by jurisdiction.
Interpretive note: The policy does not specify what consent or notice mechanisms are provided to non-user participants before recording begins, creating ambiguity about whether third-party consent obligations under applicable law are operationally satisfied.
The updated policy now discloses that Grammarly collects voice data if you use transcription or Notetaker features, including recordings of other participants, and expands its list of collected content to explicitly include screen content and web pages. For users whose accounts are managed by an organization (employer, school, or other entity), the policy clarifies that Grammarly's privacy terms do not apply to the content you upload or output—your organization's privacy terms govern that data instead. This means organizational account users should review their organization's privacy policies rather than relying on Grammarly's policy to understand how their work or educational data is handled.
View change record →This provision establishes that activating Notetaker or transcription features results in audio recordings of all communication participants, including individuals who are not Superhuman users and who may not have independently consented to Superhuman's data collection. Applicable law governing consent to recording varies significantly by jurisdiction.
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"Voice data: If you choose to use our Notetaker or transcription features, we collect recordings to create transcriptions of communications captured through our services, including recordings of other participants.Excerpt from Grammarly's Privacy Policy
1) REGULATORY LANDSCAPE: Recording of communications without all-party consent may engage wiretapping and electronic surveillance laws in several U.S. states, including California's Invasion of Privacy Act (CIPA) and Illinois's eavesdropping statute, both of which require all-party consent for recorded communications. At the federal level, the Electronic Communications Privacy Act (ECPA) governs interception of electronic communications. In the EEA and UK, recording of third-party communications implicates GDPR obligations regarding a lawful basis for processing data about non-consenting data subjects. 2) GOVERNANCE EXPOSURE: High in all-party consent jurisdictions. Organizations deploying the Notetaker feature for employee meetings that include external participants must assess whether applicable state or national laws require affirmative consent from all recorded parties. The policy does not specify what notice or consent mechanisms are provided to non-user participants before recording begins. 3) JURISDICTION FLAGS: California, Illinois, Florida, and other all-party consent states in the U.S. create heightened legal exposure for recording without affirmative participant consent. In the EEA and UK, the lawful basis for processing non-user participant data captured through transcription is not explicitly addressed in this policy's legal basis table. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations deploying Superhuman for meetings involving external clients, partners, or employees should assess whether their meeting notice or terms of engagement adequately disclose the possibility of AI-powered transcription and recording. The policy's data subject rights section does not specifically address rights of non-user third parties whose voices are recorded. 5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should assess whether the Notetaker feature's use requires additional consent language in meeting invitations or organizational terms of service, particularly for meetings involving participants in all-party consent jurisdictions. A data protection impact assessment may be warranted for organizational deployments of the transcription feature given the collection of third-party biometric-adjacent voice data.
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This provision discloses that audio recordings of third parties who are not Superhuman users may be captured when a user activates transcription features, raising consent and notice obligations that may vary by jurisdiction.
This provision establishes that activating Notetaker or transcription features results in audio recordings of all communication participants, including individuals who are not Superhuman users and who may not have independently consented to Superhuman's data collection. Applicable law governing consent to recording varies significantly by jurisdiction.
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