HubSpot · HubSpot Terms of Service

Confidentiality Obligations

Low severity
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What it is

Both HubSpot and your business must keep each other's sensitive business information private and use it only for purposes related to the HubSpot services — both sides have this obligation.

Consumer impact (what this means for users)

The mutual confidentiality obligation protects business customers' sensitive commercial information shared with HubSpot during the course of the relationship, but enforcement requires legal action in Massachusetts courts under the governing law clause.

Cross-platform context

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Why it matters (compliance & risk perspective)

If HubSpot improperly discloses your business's confidential information (such as pricing, strategies, or customer lists), this provision creates a contractual basis for a legal claim — and vice versa.

View original clause language
Each party agrees to keep confidential all Confidential Information of the other party and to use such Confidential Information only as necessary to perform its obligations or exercise its rights under this Agreement. Each party will protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Confidentiality obligations in B2B SaaS agreements are governed by contract law and trade secret law (Defend Trade Secrets Act, 18 U.S.C. §1836; state trade secret laws based on the Uniform Trade Secrets Act). To the extent Confidential Information includes personal data, GDPR Art. 32 security requirements and CCPA §1798.150 data security provisions also apply. The 'reasonable care' standard is the floor — regulated data categories (health, financial, biometric) require higher standards under sector-specific law. (2)

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Applicable agencies

  • FTC
    The FTC enforces reasonable data security standards under FTC Act Section 5, which applies to HubSpot's handling of Confidential Information including personal data.
    File a complaint →

Provision details

Document information
Document
HubSpot Terms of Service
Entity
HubSpot
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-002973
Document ID
CA-D-00207
Evidence Provenance
Source URL
Wayback Machine
SHA-256
9927299c7582997f7d7d4ec9af87291e8942c38b96b84ff4e2ea6e359778795c
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: HubSpot | Document: HubSpot Terms of Service | Record: CA-P-002973
Captured: 2026-04-18 11:17:02 UTC | SHA-256: 9927299c7582997f…
URL: https://conductatlas.com/platform/hubspot/hubspot-terms-of-service/confidentiality-obligations/
Accessed: May 2, 2026
Classification
Severity
Low
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