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
This clause establishes legitimate interests as a lawful basis for data processing under privacy law, enabling HubSpot to collect and use personal information for operational and commercial purposes without requiring separate consent for each use case. The provision places the burden of demonstrating conflicting interests or rights on the data subject.
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 →Under this clause, HubSpot may process personal information for the specified purposes without obtaining explicit opt-in consent, provided that the data subject's rights are not demonstrably overridden. Users may exercise rights to object to legitimate interest processing under applicable privacy laws, but HubSpot retains authority to continue processing unless such objections succeed.
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"We process personal information when necessary for the purposes of our legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Our legitimate interests include operating and improving our products and services, marketing our products and services, ensuring the security of our Services, and preventing fraud.— Excerpt from HubSpot's HubSpot Privacy Policy
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This clause establishes legitimate interests as a lawful basis for data processing under privacy law, enabling HubSpot to collect and use personal information for operational and commercial purposes without requiring separate consent for each use case. The provision places the burden of demonstrating conflicting interests or rights on the data subject.
Under this clause, HubSpot may process personal information for the specified purposes without obtaining explicit opt-in consent, provided that the data subject's rights are not demonstrably overridden. Users may exercise rights to object to legitimate interest processing under applicable privacy laws, but HubSpot retains authority to continue processing unless such objections succeed.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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