When a business uses HubSpot's software, HubSpot stores and processes that business's customer list (including your email and contact details) on the business's behalf. The business — not HubSpot — is responsible for making sure it had your permission to put your data there.
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
The clause allocates data governance responsibilities between HubSpot and its customers by defining HubSpot's role as a service provider rather than an independent controller, which determines applicable legal obligations under data protection frameworks and establishes the customer as the entity accountable for lawful basis to process contact data.
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 →Your email address, phone number, and interaction history may be stored in HubSpot's CRM by a business you've dealt with, without HubSpot being the entity responsible for obtaining your consent — making it harder to know who to contact if you want your data removed.
How other platforms handle this
We use your personal information to send you newsletters and other promotional communications, including information about MyFitnessPal's new offerings, features, offers, events, webinars, and other information.
We may infer certain information from your interactions with the Lyft Platform and other personal information available to us. For example, if you frequently ride to or from airports, we may infer you are a frequent traveler.
we may use this information to make it easier for you to find the people you want to send payments to, for account and identity verification and fraud prevention purposes, to reduce the risk you will send payments to the wrong person, or to provide other personalized services.
"Our Customers use our Services to, among other things, run their businesses and, in doing so, they direct us to collect, process and store 'Customer Data,' including information about their own customers and leads ('Contacts'). In these cases, HubSpot is providing services to the Customer as a data processor or service provider... HubSpot's Customers are responsible for ensuring they have the appropriate permissions and consents to process personal information in HubSpot's Services.Excerpt from HubSpot's Privacy Policy
(1) REGULATORY FRAMEWORK: This provision implicates GDPR Art.
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The clause allocates data governance responsibilities between HubSpot and its customers by defining HubSpot's role as a service provider rather than an independent controller, which determines applicable legal obligations under data protection frameworks and establishes the customer as the entity accountable for lawful basis to process contact data.
Your email address, phone number, and interaction history may be stored in HubSpot's CRM by a business you've dealt with, without HubSpot being the entity responsible for obtaining your consent — making it harder to know who to contact if you want your data removed.
ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.
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