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HubSpot Tracking Code Controller Processing

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 352 platforms
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Document Record

What it is

The policy states that when HubSpot customers install the HubSpot Tracking Code on their own websites, HubSpot collects IP addresses and online identifiers from those website visitors and processes this data as a controller for HubSpot's own purposes, including improvement of its commercial dataset.

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 that HubSpot assumes an independent controller role over data collected from visitors to customer-operated websites via the tracking code, distinct from its processor role under customer instructions. This means visitors to third-party websites using HubSpot infrastructure may have their data processed by HubSpot for HubSpot's own commercial purposes without direct notice from 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
3
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Consumer impact (what this means for users)

Under this clause, individuals who visit a website operated by a HubSpot customer that has installed the HubSpot Tracking Code may have their IP addresses and online identifiers collected and processed by HubSpot as a controller for HubSpot's own product improvement and commercial dataset enrichment purposes, independent of the website operator's own privacy disclosures.

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
    Contact HubSpot at privacy@hubspot.com to exercise access or deletion rights regarding personal data collected via the HubSpot Tracking Code on customer websites.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
Our Customers may install the HubSpot Tracking Code on their website to collect information about website visitors. HubSpot uses information collected by the tracking code, such as IP addresses and online identifiers, to improve our products and services, including our commercial dataset. We store information about website visitors on our servers and process this data for our own purposes as a controller.

Excerpt from HubSpot's Privacy Policy

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1. REGULATORY LANDSCAPE: This provision engages GDPR transparency and legal basis requirements for third-party data collection, the ePrivacy Directive (cookie and tracking consent requirements), UK GDPR, and CCPA provisions regarding collection of personal information from consumers who have no direct relationship with the collecting entity. GDPR Article 26 joint controller obligations may be implicated where both HubSpot and its customer exercise control over the same data collected via the tracking code. 2. GOVERNANCE EXPOSURE: High. The assertion that HubSpot processes tracking code data as an independent controller for its own commercial purposes creates significant exposure under GDPR's transparency and legal basis requirements, as the individuals whose data is collected have no direct relationship with HubSpot and may not have received notice of HubSpot's independent controller processing. 3. JURISDICTION FLAGS: EEA and UK individuals visiting customer websites have GDPR rights against HubSpot as a controller, including access and deletion rights. The ePrivacy Directive requires consent for tracking technologies in the EEA. California residents have CCPA rights regarding data collected about them by entities with which they have no direct relationship. 4. CONTRACT AND VENDOR IMPLICATIONS: HubSpot customers who install the tracking code should assess whether their website privacy notices and cookie consent mechanisms adequately disclose HubSpot's independent controller processing. Joint controller agreements under GDPR Article 26 may be required between HubSpot customers and HubSpot where both parties exercise control over the same tracking data. 5. COMPLIANCE CONSIDERATIONS: Compliance teams at HubSpot customer organizations should review whether their privacy notices disclose HubSpot's independent controller use of tracking data, whether cookie consent flows cover HubSpot's own processing purposes, and whether joint controller arrangements are documented. HubSpot's own compliance teams should evaluate whether Article 14 notices are provided to website visitors whose data is collected via the tracking code.

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Applicable agencies

  • FTC
    The FTC has jurisdiction over HubSpot's data collection and use practices under Section 5 of the FTC Act and over HubSpot's DPF compliance obligations
    File a complaint →

Provision details

Document information
Document
HubSpot Privacy Policy
Entity
HubSpot
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-015850
Document ID
CA-D-00208
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
8bdd9c02627e237bfc8804ce37c491bfe0d5ec7f6135c78f3b37490f6c0f7ed9
Analysis generated
July 9, 2026 08:57 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: HubSpot
Document: HubSpot Privacy Policy
Record ID: CA-P-015850
Captured: 2026-07-09 08:57:39 UTC
SHA-256: 8bdd9c02627e237b…
URL: https://conductatlas.com/platform/hubspot/hubspot-privacy-policy/provision/CA-P-015850/hubspot-tracking-code-controller-processing/
Accessed: July 24, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does HubSpot's HubSpot Tracking Code Controller Processing clause do?

This provision establishes that HubSpot assumes an independent controller role over data collected from visitors to customer-operated websites via the tracking code, distinct from its processor role under customer instructions. This means visitors to third-party websites using HubSpot infrastructure may have their data processed by HubSpot for HubSpot's own commercial purposes without direct notice from HubSpot.

How does this clause affect you?

Under this clause, individuals who visit a website operated by a HubSpot customer that has installed the HubSpot Tracking Code may have their IP addresses and online identifiers collected and processed by HubSpot as a controller for HubSpot's own product improvement and commercial dataset enrichment purposes, independent of the website operator's own privacy disclosures.

Is ConductAtlas affiliated with HubSpot?

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