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
HubSpot shifts regulatory compliance obligations for data processed through the Subscription Service entirely onto the customer, not onto HubSpot itself.
Interpretive note: The excerpt also establishes that each customer controls the information they process, which is an independent proposition omitted from the canonical claim and recorded in omitted_material.
The updated policy now explicitly discloses that HubSpot collects Email Engagement Data (such as open, delivery, bounce, and click statuses) from emails sent through its Subscription Services using embedded tracking technologies. This represents formalization of a data collection practice into explicit policy language. However, the policy simultaneously removed a previously stated sentence directing users to a form for removing their personal data from HubSpot's commercial dataset. The updated terms do not indicate an alternative removal mechanism.
View change record →If you are a HubSpot customer, you—not HubSpot—bear legal responsibility for ensuring that your use of the Subscription Service meets applicable notice, disclosure, and consent requirements.
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"Each customer controls and is responsible for the information they process using the Subscription Service and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent...Excerpt from HubSpot's Privacy Policy
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HubSpot shifts regulatory compliance obligations for data processed through the Subscription Service entirely onto the customer, not onto HubSpot itself.
If you are a HubSpot customer, you—not HubSpot—bear legal responsibility for ensuring that your use of the Subscription Service meets applicable notice, disclosure, and consent requirements.
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
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