HubSpot · HubSpot Privacy Policy · View original document ↗

Controller vs. Processor Distinction

High severity High confidence Explicitdocumentlanguage Rare · 2 of 343 platforms
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Document Record

What it is

The policy states that HubSpot acts as a data controller for visitor and user data but as a data processor for data that business customers submit into HubSpot products, directing data subject inquiries about that second category to the relevant HubSpot customer rather than to HubSpot.

This analysis describes what HubSpot'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes a bifurcated data governance structure in which data subject rights requests for customer-submitted data must be directed to HubSpot's business customers, not to HubSpot directly, which affects how data subjects can exercise GDPR and CCPA rights depending on the category of data at issue.

Consumer impact (what this means for users)

Under this provision, individuals whose data has been submitted into HubSpot by a business (such as a contact in a company's CRM) must direct access, deletion, or portability requests to that business rather than to HubSpot, as HubSpot acts only as a data processor for that data.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Delete Your Data
    For data you submitted directly to HubSpot, email privacy@hubspot.com. For data a business submitted about you into HubSpot products, contact that business directly.

How other platforms handle this

Ledger Medium

At Ledger, earning and maintaining our users' trust is a top priority. That's why we are deeply committed not only to protecting your privacy and securing your personal data, but also to being fully transparent about how we handle it.

Garmin Medium

If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to access, correct, or erase your personal data; the right to restrict or object to our processing of your personal data; the right to data portability; and, where our processing is based on your...

Strava Medium

We may display advertisements on our Services and those advertisements may be targeted to your interests based on your personal information. We may share your personal information with advertising partners for interest-based advertising purposes. You may opt out of interest-based advertising by visi...

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▸ View Original Clause Language DOCUMENT RECORD
"
HubSpot is the data controller for information we collect about visitors, customers, and users. For information that our customers submit to our Services (including information submitted about their own contacts and leads), HubSpot is the data processor and our customers are the data controllers. If you have questions about the personal information that a HubSpot customer has submitted to our Services, please direct your questions to that customer.

— Excerpt from HubSpot's HubSpot Privacy Policy

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: This provision directly engages GDPR Articles 4, 24, and 28, which define the obligations of controllers and processors and require documented data processing agreements between them. The CCPA similarly distinguishes between businesses and service providers. The Irish DPC and relevant EU member state supervisory authorities have jurisdiction over GDPR compliance. 2. GOVERNANCE EXPOSURE: High. Organizations using HubSpot as a CRM or marketing automation platform are the data controllers for contact data submitted into HubSpot, and must ensure their own privacy notices, data processing agreements with HubSpot, and data subject rights processes account for this structure. 3. JURISDICTION FLAGS: EU and EEA organizations face the highest exposure given GDPR processor agreement requirements. UK organizations must comply with UK GDPR equivalent obligations. California-based organizations should assess whether their use of HubSpot as a service provider is documented consistent with CCPA service provider definitions. 4. CONTRACT AND VENDOR IMPLICATIONS: The policy's processor assertion requires that organizations using HubSpot have a compliant Data Processing Agreement (DPA) in place. Teams should confirm that HubSpot's current DPA covers all relevant processing activities, sub-processor disclosures, and breach notification timelines required under GDPR Article 28. 5. COMPLIANCE CONSIDERATIONS: Legal teams should review whether their organization's privacy notice adequately describes HubSpot as a processor of contact and lead data, and should ensure internal data subject rights workflows route requests appropriately based on whether HubSpot is acting as controller or processor in the relevant context.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over consumer protection and data handling practices for companies operating in the US, including service provider arrangements.
    File a complaint →

Applicable regulations

EU AI Act
European Union
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
Connecticut Data Privacy Act Amendments
US-CT
CAN-SPAM
United States Federal
FTC Act Section 5
United States Federal
GDPR
European Union
Indiana Consumer Data Protection Act
US-IN
Kentucky Consumer Data Protection Act
US-KY
Universal Opt-Out Mechanism Expansion 2026
US
VPPA
United States Federal

Provision details

Document information
Document
HubSpot Privacy Policy
Entity
HubSpot
Document last updated
May 5, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-012540
Document ID
CA-D-00208
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
658f3c0d5276314c83861e8a6d63cf646d152743f91342918596207ab1bce8a0
Analysis generated
May 20, 2026 22:36 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: HubSpot
Document: HubSpot Privacy Policy
Record ID: CA-P-012540
Captured: 2026-05-20 22:36:33 UTC
SHA-256: 658f3c0d5276314c…
URL: https://conductatlas.com/platform/hubspot/hubspot-privacy-policy/controller-vs-processor-distinction/
Accessed: June 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does HubSpot's Controller vs. Processor Distinction clause do?

This provision establishes a bifurcated data governance structure in which data subject rights requests for customer-submitted data must be directed to HubSpot's business customers, not to HubSpot directly, which affects how data subjects can exercise GDPR and CCPA rights depending on the category of data at issue.

How does this clause affect you?

Under this provision, individuals whose data has been submitted into HubSpot by a business (such as a contact in a company's CRM) must direct access, deletion, or portability requests to that business rather than to HubSpot, as HubSpot acts only as a data processor for that data.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.

Is ConductAtlas affiliated with HubSpot?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by HubSpot.