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The agreement authorizes HubSpot to use Customer Data, which includes all information submitted or collected via the Subscription Service, to train HubSpot's AI models, with an opt-out available through account settings.
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 provision requires compliance teams to assess whether the default opt-in posture for AI training data use is consistent with applicable data protection obligations, particularly GDPR lawful basis requirements for EU personal data and CCPA disclosure obligations for California residents. The opt-out mechanism is available but must be actively exercised by the customer.
Interpretive note: The provision does not specify which categories of Customer Data are used for AI training, whether opt-out applies retroactively, or how long training data is retained after opt-out, creating ambiguity for data protection compliance assessments.
The updated terms now explicitly state that AI is embedded throughout HubSpot's platform and is foundational to how subscription services operate. The agreement permits HubSpot to use customer data to train AI models, subject to contractual obligations. You can opt out of having your data used to train AI models by updating your settings in your HubSpot account.
View change record →Under this clause, Customer Data is used by default to train HubSpot AI models unless the customer actively opts out via account settings. The agreement states that opting out does not prevent continued use of HubSpot AI features.
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"We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account. If you opt out, we will no longer collect Customer Data to train our AI models, unless you later update your settings and opt in.Excerpt from HubSpot's Terms of Service
1. REGULATORY LANDSCAPE: This provision implicates GDPR (lawful basis for processing personal data for AI training purposes, and purpose limitation requirements), CCPA (disclosure of data use categories and consumer opt-out rights), and potentially the EU AI Act depending on the classification of AI systems trained on customer data. The relevant enforcement authorities include EU data protection supervisory authorities, the California Privacy Protection Agency, and the FTC. Where Customer Data includes personal data of EU residents, the lawful basis for AI training use may require evaluation beyond contractual necessity. 2. GOVERNANCE EXPOSURE: Medium. The default opt-in posture for AI model training using Customer Data creates compliance review obligations for organizations subject to GDPR or CCPA. The provision does not specify what categories of Customer Data are used for training, what retention periods apply to training data, or whether opt-out applies retroactively to previously collected data, creating ambiguity for data mapping and subject access request responses. 3. JURISDICTION FLAGS: EU and EEA customers face heightened exposure under GDPR purpose limitation and data minimization principles. California-based businesses should evaluate whether this use constitutes a sale or sharing of personal information under CCPA. Organizations processing health-related or financial data through HubSpot should assess whether AI training use is consistent with HIPAA or GLBA obligations applicable to their specific data categories. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm that the DPA adequately addresses AI training as a processing purpose and that sub-processors engaged for AI model training are identified or identifiable under the DPA. The provision does not specify whether third-party AI model vendors are included as sub-processors, which may require clarification for vendor risk assessments. 5. COMPLIANCE CONSIDERATIONS: Legal and compliance teams should verify that the opt-out mechanism is implemented and documented for all relevant accounts, and that data mapping records reflect AI training as a processing purpose. Organizations should review the DPA to confirm that AI training is addressed as a distinct processing activity with appropriate safeguards. Regular audits of account settings are advisable to confirm opt-out status is maintained after any account changes or migrations.
This provision requires compliance teams to assess whether the default opt-in posture for AI training data use is consistent with applicable data protection obligations, particularly GDPR lawful basis requirements for EU personal data and CCPA disclosure obligations for California residents. The opt-out mechanism is available but must be actively exercised by the customer.
Under this clause, Customer Data is used by default to train HubSpot AI models unless the customer actively opts out via account settings. The agreement states that opting out does not prevent continued use of HubSpot AI features.
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