Provision record
HubSpot · HubSpot Privacy Policy · View original document ↗

Dual Controller/Processor Framework

High severity High confidence Explicit document language Common · 290 of 352 platforms
Stay ahead of the changes
Track HubSpot and get the diff the day its terms change.
Share 𝕏 Share in Share 🔒 PDF
Document Record

What it is

When a business uses HubSpot's tools to manage contacts or run marketing campaigns, HubSpot is acting on that business's instructions, not as an independent decision-maker over your data. This means if you want to access or delete data a business holds about you in HubSpot, you need to contact that business, not 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 determines who is responsible for your data and who you can hold accountable. If a company stored your email address in HubSpot without your knowledge, your legal rights run against that company, not HubSpot.

Recent Activity

This document changed recently

Medium Jul 2, 2026

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 →

Clause Stability Stable

0
Changes
4
Months Monitored
May 10, 2026
First Seen
May 20, 2026
Last Seen
This clause type exists across 5149 other provisions on other platforms.

Change history

modified May 14, 2026

Simplified and clarified the controller-processor relationship, removing references to 'Customer Data' and 'Contacts' terminology in favor of more standardized 'personal data' language, and emphasized regulatory compliance responsibility.

View full change record →

Consumer impact (what this means for users)

If your personal data (such as your email address, name, or purchase history) is held in a business's HubSpot CRM, your right to access, correct, or delete that data must be exercised with the business, not HubSpot. HubSpot's role in that context is limited to following the business's instructions.

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
    If you are a direct HubSpot user or website visitor, email privacy@hubspot.com to request access to or deletion of your personal data. If your data is held in a business customer's HubSpot account, contact that business directly.

How other platforms handle this

Tinder Medium

If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.

Skillshare Medium

When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services.

Square Medium

to object to profiling activities based on our own legitimate interests

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
In providing the Products, HubSpot may process personal data on behalf of Customers. In this context, we are a data processor and the Customer is the data controller. The Customer is responsible for complying with any regulations or laws that require providing notice, disclosure, or obtaining consent prior to using HubSpot to collect this data. We process the data in accordance with our agreements with our Customers.

Excerpt from HubSpot's Privacy Policy

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: This provision directly engages GDPR Articles 4(7) and 4(8) on controller and processor definitions, and Article 28 on processor obligations, enforced by EU data protection authorities including the Irish DPC as HubSpot's lead …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    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 10, 2026
Last verified
May 10, 2026
Record ID
CA-P-009802
Document ID
CA-D-00208
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
fe8174733afb623b01d20e9bf2797cfe1a6f367f639df8ac00b981f71a13d9ef
Analysis generated
May 10, 2026 22:52 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: HubSpot
Document: HubSpot Privacy Policy
Record ID: CA-P-009802
Captured: 2026-05-10 22:52:49 UTC
SHA-256: fe8174733afb623b…
URL: https://conductatlas.com/platform/hubspot/hubspot-privacy-policy/provision/CA-P-009802/dual-controllerprocessor-framework/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Related Analysis

Get the research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.

Frequently Asked Questions

What does HubSpot's Dual Controller/Processor Framework clause do?

This provision determines who is responsible for your data and who you can hold accountable. If a company stored your email address in HubSpot without your knowledge, your legal rights run against that company, not HubSpot.

How does this clause affect you?

If your personal data (such as your email address, name, or purchase history) is held in a business's HubSpot CRM, your right to access, correct, or delete that data must be exercised with the business, not HubSpot. HubSpot's role in that context is limited to following the business's instructions.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 290 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.