Privacy Policy

Effective Date: June 24, 2024.

mmhmm is a virtual camera and presentation application that helps you communicate with video – both in real-time and asynchronously – via desktop, mobile, web-based and cloud-based applications (collectively, together with any websites (each a “Site”) or applications that link to this Privacy Policy, the “Services”). These Services provide you with fun ways to present your ideas, collaborate with others, and to share your content. This Privacy Policy explains what information we collect when you use the Services (including when you visit our Site), how we use this information, how this information is disclosed, and your rights and choices regarding your information.

This Privacy Policy does not govern the treatment of data that we process as a “processor” or “service provider” on behalf of our corporate and organizational customers. Our processing of this information is governed by our agreements with each customer, which generally require us to process information in compliance with applicable law. We do not control what our customers do with any information we process on their behalf. If you believe the information we process on behalf of a customer includes your information, please see the customer's privacy policy or contact that customer for more information and to exercise any rights with regard to the information. That said, Section 3 of this Privacy Policy does provide certain information about your use of mmhmm for Teams, so you are aware of how data is disclosed when you are using mmhmm for Teams.

Please read this Privacy Policy carefully. By using our Services, including by visiting the Site, you acknowledge and agree to the collection, use, and disclosure of your information as described in this Privacy Policy. We have also provided a summary of this Privacy Policy for quick reference, but you should read this Privacy Policy in its entirety. If you do not want us to handle your information as described in this Privacy Policy, please do not use the Services.

If you are a California resident, click here to see our Supplemental Notice for California Residents for information about our practices in accordance with California law.

1. Information we collect

We collect information that you provide to us, such as when you create an account, fill out a form on the Services, or interact with customer support; information that we automatically collect when you use the Services, including when you visit our Site; and information from other sources. Depending on your interaction with the Services, we may collect all or some of the following information about you.

1. a. Information that you provide to us

Account information. When you sign up for an mmhmm account, the information you provide to us may include your name, email address, phone number, organization name and billing information, and your username and password. You may also choose to upload a profile photo.

Transaction information. We may collect information about what products or services you purchase from us. Please note that we do not collect your payment information – this information is collected and processed by our authorized payment vendors, and we do not directly collect or store payment information in the ordinary course of processing transactions.      If we allow purchase through a third-party platform (i.e. in-app purchase), the payment method stored with the third-party platform will be charged, and we will not collect information about this payment method such as card number.

Location information. We collect your general location information, such as your state, city, or zip code.

User Content. We collect content you create using the Services, including presentations, videos, text, photographs, artwork, video transcriptions, comments and reactions, and any information you input into the foregoing, such as photos or videos of yourself or others (collectively, “User Content”).

Other information you submit. You may submit information to us (including name, email address, and other types of information) for limited purposes, such as requesting customer support, providing feedback on our Services, participating in user research, entering contests or sweepstakes, participating in surveys, or signing up to receive communications from us.

1. b. Information we collect automatically

We and our vendors may automatically collect certain types of information when you use our Services, including when you visit our Site and use our mobile app. This information includes, but is not limited to, the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of Internet browser you use, unique device identifiers, any organization with which you are associated as a member in an mmhmm Teams account, and other diagnostic data. Some of this information is collected using cookies, pixels, software development kits (“SDKs”), and other similar technologies. For more information about our use of cookies and other technologies, please see our Cookie Policy.

1. c. Information from other sources

We may collect information about you from other sources. For example, we may collect information you make publicly available on social media sites like Facebook. We may also receive data about you, including user-generated content and user profile information, from providers of forums for mmhmm community members, such as Circle. We may also receive demographic and contact information from data and lead generation providers in connection with our business marketing efforts.

2. How we use information

We use the information we collect for the following purposes:

Identification, authentication and access. We use your information to verify your identity when you access your account. Your information is also used to help administer your account.

Operating our Services. We use your information to provide and maintain our Services, and to allow you to participate in interactive features of our Services.

Processing transactions. We use your information to process transactions on the Services. As explained above, payment information is collected and processed by third-party payment processors, not by us.

Customizing your experience. We use your information to customize our Services to you, which may include remembering your preferences, such as volume level or language preferences.

Account management. We may use your information to help administer, maintain or improve management of accounts. For example, we may use information such as corporate email address to invite potential members to an existing Teams account.

Analysis. We analyze your information in order to improve our Services and enhance your experience. We also use information collected from cookies and other similar technologies to improve our Services and enhance your experience with them.

Monitor usage of our Services. We use your information to monitor how our Services are being used, including to detect, prevent and address technical issues.

Marketing communications and advertising. We and our third-party advertising partners may use your information to advertise and market the Services to you and others (for example, to create lookalike audiences).  However, please note that we do not provide the names, contact information, or other directly identifying information of our users to third parties for those third parties’ own marketing or advertising purposes.

Conducting contests, sweepstakes, or surveys.

Providing customer support. We use your information to help resolve and respond to customer support requests.

User outreach, feedback and research. We may use your information and/or information about an organization with which your account is associated, to reach out to you about your experience with the Services, respond to feedback, engage in research, and improve the Services.

Exercising and protecting our rights. We may use your information to enforce our Terms of Service and other usage policies. We may use your information to protect and defend our rights or property, and to prevent fraud or abuse. We may also use information to prevent or investigate fraud or other unauthorized, illegal, or wrongful activity. We may use your information to protect the personal safety of users or others.

Legal compliance. We may use your information when legally required to do so, such as to respond to legal requests (e.g. court or government agency order, subpoena, etc.). We may use your information to comply with a legal obligation and to protect ourselves against legal liability, including to obtain legal advice.

Business transfers. We may use your information where necessary to facilitate a potential transaction, such as a merger, acquisition or asset sale.

For any other lawful purpose. We may use your information for any other purpose consistent with applicable law, subject to your consent where legally required.

We may combine information that we collect from and about you (including automatically generated information) with information that we obtain about you from other sources and use such combined information in accordance with this Policy.

We may aggregate and/or de-identify information collected through the Services. We may use and disclose appropriately aggregated or de-identified data for any purpose.

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are:

• Contract. We may process your information as necessary to perform a contract with you, such as to process orders and allow you to set up an account.
• Legitimate interest. We may process your information for purposes of our or another party’s legitimate interests, such as when we process your information for security, debugging, and analytics purposes.
• Legal obligation. We may process your information to comply with a legal obligation or request, such as to respond to requests where required by law.
• Consent. Where you consent to our processing of your information, we may process your information consistent with your consent.

3. How we disclose information

We may disclose your information in the following ways:

At your direction. We disclose your information to persons with whom you have granted account-level access. We may also make your information available to others as you direct in using our Services (for example, when you provide others with links to your User Content).

If you provide others with a publicly accessible link to your User Content, please note that you lose a degree of control over the distribution of your content, since the original recipient may provide the publicly accessible link to third parties.

With your consent. We may also disclose your information where we have obtained your express consent to do so.

To other users of the Services. Your information, such as name, avatar, comments and reactions may be disclosed to the person who posted the content that you comment on or react to, and to content viewers as part of content viewer information. When you create a video, you can adjust who can view the video by adjusting the settings for that video. When you view a video created by another user, depending on the settings for that video, the creator of the video may be able to see certain information about you, including your username/name, your reactions to the video, and your comments on the video. When you participate in a video call while logged into your account, other call participants may view your username/name. We may also disclose your information in the course of your participation in community events and communications.

If you use mmhmm for Teams, you are part of a group of people using mmhmm together under an account administered by one or more members of your organization (a “Team”). A Team is associated with one or more of an organization’s email domains. If a Teams account exists for your organization and the administrators of the Teams account have enabled auto-approval for one or more of the organization’s email domains, you will be required to join the Team if you want to create an mmhmm account using an email address within the organization’s email domain (e.g., if your employer has a Team account, you would need to join the Team if you want to create an mmhmm account using your work email address). If a Team is created for your organization after you have created an mmhmm account using an email address with one of the organization's email domains, you can choose whether to join the Team. If you join the Team, you cannot change your account back to a non-Teams account. By choosing to join a Teams account, you choose for your information associated with your account to be viewable by other members of your Team as described here.

When you use mmhmm for Teams, other members of your Team can see information associated with your profile such as your name, email address, and profile photo. You can adjust who can see the videos you make by adjusting the settings for that video. The organization that runs the Teams account and your Teams administrators may be able to control certain settings regarding your account. If you have questions about the settings within your Teams account, please contact your administrator.

Vendors. We may disclose your information to companies that provide us with services, such as payment processors, data management services, content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, customer relations management (CRM) vendors, and analytics, advertising, and marketing providers.

Affiliates. We may disclose your information to our corporate affiliates, such as our subsidiaries.

Legal compliance and rights. We may disclose your information if we believe in good faith that this is required or appropriate to (i) comply with applicable law, regulations, or legal process; (ii) exercise our legal rights, including to enforce our agreements, terms, and policies and to defend against legal claims; (iii) seek legal representation or advice; or (iv) protect and defend the rights, property or safety of mmhmm, our users, our personnel, or others.

Corporate transactions. We may disclose your information as part of, or to take steps in anticipation of, a sale of all or a portion of our business, a divestiture, merger, consolidation, asset sale, bankruptcy, or other significant corporate event.

Other disclosures. We may also disclose your information as otherwise permitted or required by law.

4. Security

We take a variety of steps to protect information collected by us, both during transmission and once we receive it, so that your information is treated securely and in accordance with this Privacy Policy. More details can be found in our Trust Center.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

5. Retention

We may retain your information until we determine that it is no longer necessary to fulfill the purpose for which it was collected (which may be any of the purposes set out in this Privacy Policy, including to comply with our legal obligations) and as required by applicable law. Retention periods may vary depending on the type of information and the context and purposes for its collection and use.

6. Your Rights and Choices

1. a. Your Rights

The laws of your jurisdiction of residence may provide you with certain rights with regard to your information. These rights may include the right to request:

• Access to, or a copy of, your information.
• Confirmation that we are processing your information and information about how we use and disclose your information.
• Correction or amendment of your information.
• Deletion of your information.
• Transfer of your information to a third party.
• Restriction or objection to certain uses or disclosures of your information.
• Withdrawal of consent previously provided for the handling of the information (without affecting the lawfulness of prior use and disclosure of the information).

To exercise any of these rights, please email us at privacy@mmhmm.app. Please explain the right you want to exercise and the data with respect to which you want to exercise that right. You may be able to exercise some of these rights on your own – for example, you can access, download, change, and delete certain information via your account.

Many of the rights described above are subject to limitations or exceptions under applicable law. For example, if you ask us to delete information that we are legally required to retain, we may deny your request. We may take reasonable steps to verify your identity before responding to your request, including by asking you to provide us with information necessary to reasonably verify you.

In some cases (e.g., if you are a resident of the European Economic Area or United Kingdom), you have the right to lodge a complaint with the data protection authority in your country of residence, but we encourage you to contact us first, as we would like to do our best to resolve any concerns you may have.

1. b. Marketing Emails

If you create an account, you may receive marketing or promotional emails from us. You may opt-out from receiving such emails by following the unsubscribe instructions at the bottom of such messages. Please note that opt-out requests may take several days to process. You will continue to receive transactional emails from us (for example, emails regarding transactions related to our Services, updates to this Privacy Policy or other terms, and emails about your account).

1. c. Mobile Device Communications

We may send push notifications in our apps. Notifications may be disabled by declining them at the device level, or changing the app settings. We may also send SMS messages to your mobile telephone for authentication and security purposes, with your consent. You may opt-out of receiving such messages at any time.

1. d. Cookies

We and third parties use cookies and other similar technologies (such as web beacons and pixels) to collect information on the Services. You may be able to set your internet browser or device to stop accepting new cookies, notice when you receive a new cookie, or disable existing cookies. Please consult the “Help” section of your browser for more information. The setting will apply only to the browser or device you are using, so you will need to reset the setting on a different browser or device. If you disable some or all cookies, the Services may not function as intended and some features may be unavailable. For more information, see our Cookie Policy.

1. e. Online analytics

We and our vendors may use third-party analytics services on the Services to help us understand how users engage with the Services, including Google Analytics. These parties may use cookies and other technologies to help collect, analyze, and provide us with reports and/or data. For more information about Google Analytics and how it collects and processes data, please visit: https://policies.google.com/technologies/partner-sites. To opt out of Google Analytics using your information for analytics purposes, see: https://tools.google.com/dlpage/gaoptout.

1. f. Online advertising

We may allow third-party advertising technologies (e.g., ad networks and ad servers, or other advertising partners) to place cookies or other tracking technologies on your browser or device to collect information about you to assist in the delivery of relevant advertising on other websites you visit and other online services you use. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests. For example, if you visit our Site, you may see ads for mmhmm on other websites you visit.

We neither have access to, nor does this Policy govern, the cookies or other tracking technologies that may be placed on the device you use to access the Services by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt out of receiving tailored advertising from companies that participate in those programs. You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings.

Mobile devices often include settings to help you manage how your device collects and shares information for advertising purposes. For more information on how to manage those devices settings, please visit the Network Advertising Initiative’s mobile choice page at https://www.networkadvertising.org/mobile-choice.

Modifying your mobile device or browser settings or opting out of tailored advertising via your web browser, may have different results depending on the type of device or web browser you use and the version of your device operating system. Opting out of tailored advertising does not prevent you from seeing ads online; instead, the ads you see are less likely to be customized to your interests. Opting out is generally effective only on a device-by-device, or browser-by-browser basis. If you use more than one browser or device, the effect of any opt-out mechanism may be limited to the device on which you used the mechanism.

1. g. “Do Not Track”

Do Not Track (“DNT”) is a setting that users can enable in certain web browsers. DNT signals do not have a commonly agreed-upon meaning and we do not currently recognize or respond to DNT signals.

7. Third Party Integrations and Sites

Our Services may be used with third party video streaming Services or through apps on third party application platforms. Additionally, our Services may include links to third party websites, which are provided for informational purposes only and are not an endorsement of any third party or its website, services, or practices. We make no representations about the accuracy of any third-party information.

This Privacy Policy applies only to your use of our Services and not to your use of or interaction with any third parties or any products, services, websites, or applications such third parties provide. We do not have control over how third parties collect or use your information. We therefore encourage you to review the terms and privacy policies of third parties before you interact with them.

8. International Transfers of Data

mmhmm is based in the United States. Your information may be collected, stored, or transferred to the United States or other countries outside which you live.

Whenever we transfer information outside of where you live, we use reasonable efforts to make sure an appropriate transfer mechanism is in place, when we are legally required to do so. By using the Services, you acknowledge such transfer and processing of your information.

9. Children's Privacy

Our Service is not intended for children under the age of 13. Accordingly, we do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at privacy@mmhmm.app, and we will take steps to remove that information from our servers. Please refer to our Terms of Service for any applicable age restrictions on using our Services.

10. Supplemental Notice for California Residents

This Supplemental Privacy Notice for California Residents (“Notice”) supplements the information in our Privacy Policy above, and except as provided herein, applies solely to California residents (as defined by the California Consumer Privacy Act (“CCPA”)). It applies to “personal information” (as defined in the CCPA) that we collect through the Services and other means (such as information collected offline, in person, and over the phone). It does not apply to personal information we collect from current or former employees or independent contractors of mmhmm or job applicants to jobs at mmhmm.

1. a. How we collect, use, disclose, and retain personal information

Section 1 of this Privacy Policy describes the sources and types of personal information we collect, Section 2 describes the purposes for which we use such information, and Section 3 describes how we disclose such information. Under the CCPA, we must provide you with the "categories" of personal information we collect and disclose for “business or commercial purposes” (as those terms are defined by applicable law), and the categories of parties to which we disclose such information.

Categories of personal information we collect. In the 12 months leading up to the effective date of this Privacy Policy, we collected the following categories of personal information about California residents:

• Identifiers, such as name, email address, phone number, and billing address.
• Commercial information, such as transaction data.
• Internet or other electronic network activity information, such as IP address, unique device identifiers, the operating system or browser you use (see section 1(b) above titled “Information we collect automatically”).
• Professional or employment-related information, such as the organization you work for.
• Audio, visual, or other sensory information, such as your profile photo, video and audio recordings of you in your User Content, any other photos, videos, or audio of yourself that you provide.
• Login information, such as username and password.
• Geolocation information, such as your general location (e.g., state, city, zip code).
• Other information that identifies or can be reasonably associated with you, such as User Content (e.g., feedback and comments).

How we use and disclose your personal information. We use the categories of personal information listed above for the business and commercial purposes described in Section 2 of the Privacy Policy, and we may disclose such categories of personal information as described in Section 3 of the Privacy Policy.

Retention. We retain your personal information as described in Section 5 of the Privacy Policy above.

1. b. Your CCPA Rights

If you are a California resident, the CCPA may permit you to request that we:

• Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or (if applicable) selling your personal information; and the categories of third parties to which we disclosed personal information, and more specific information about what categories of personal information were “sold,” “shared,” or disclosed to particular categories of third parties, similar to the detail in the sections of this Privacy Policy.
• Provide access to and/a copy of certain information we hold about you.
• Delete certain information we have about you.
• Correct certain information we have about you.

Certain information is exempt from such requests under applicable law. You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to receive "discriminatory treatment" (within the meaning of the CCPA) for the exercise of the privacy rights conferred by the CCPA.

To request to exercise these CCPA rights, please email us at privacy@mmhmm.app and explain the right you want to exercise and the personal information with respect to which you want to exercise it. To verify your identity, we may request further information before processing your request. For security and legal reasons, we may not accept requests that require us to access third-party websites or services.

You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We have no obligation to honor requests from purported agents if we lack sufficient confidence that this has occurred and that they are actually submitting the request on your behalf. We may require you to verify your identity directly with us before processing an agent's request.

Please note, in the limited circumstances that we process “sensitive personal information” as defined in the CCPA, we do not use or disclose it other than for disclosed and permitted business purposes for which there is not a right to limit under the CCPA.

The CCPA also provides the right to opt out of “sales” or “sharing” of your personal information, as such terms are defined in the CCPA. See below for how to exercise those rights.

1. c. Notice of Right to Opt Out

While we do not “sell” personal information in the traditional sense (i.e., for money), our disclosure of personal information to our third-party partners that assist us in product advertising and analytics may be considered a “sale” of personal information or the “sharing” of personal information for purposes of “cross-context behavioral advertising” under certain privacy laws, including the CCPA. We do not knowingly “sell” or “share” the personal information of children under 16.

In the 12 months leading up to the effective date of this Privacy Policy, we have “sold” or “shared” – under the CCPA’s definition of these terms – the following categories of personal information: identifiers and Internet or other electronic network activity information.

You have the right to opt out of “sales” and “sharing” of personal information. Please submit your request here: Your Privacy Choices.

Please note that we also respond to and abide by opt-out preference signals sent through the Global Privacy Control. Any opt out preferences you have exercised through these methods will only apply to the specific device/browser on which you made them. For more information on how to use the Global Privacy Control, see www.globalprivacycontrol.org.

1. d. Notice of Financial Incentives

We may offer financial incentives, such as discounts and other offers, to new and existing users from time to time. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). We value your personal information as the value of the offer or discount provided to you, and the value of your personal information is reasonably related to the value of the discount or other offer presented to you. You can opt in to a financial incentive by following the sign-up or participation instructions provided. You can opt out of a financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at privacy@mmhmm.app with an explanation of your request. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up.

1. e. California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not disclose your personal information with third parties for their own direct marketing purposes within the meaning of that law.

11. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page, with the date of update. By continuing to use the Services after we post any updates to the Privacy Policy, you agree to these updates. If we change the Privacy Policy in a way that materially reduces our commitments to you, we will provide notice in accordance with applicable law.

12. How to Contact Us

If you have any questions about this Privacy Policy, please contact us via email at privacy@mmhmm.app.