November 2018 Revisions to the TOS, DPA, and Product Disclosures page

Community Manager

HubSpot recently updated the September 2018 versions of the HubSpot Customer Terms of Service (a.k.a. the “TOS”) and the HubSpot Product Disclosures page as well as the July 2018 version of the HubSpot Data Processing Agreement (a.k.a the “DPA").

As we usually do when we make updates, we’ve made some drafting clean-ups, clarifications and formatting improvements.  Some of these updates were made to help provide a clearer description of the intent of the terms or to make the terms easier to review.

 

TOS Updates

 

We’ve removed references to Marketing Hub Basic.  Customers who still have the Basic edition will want to take a look the update to the ‘Legacy Products’ section of the Product Disclosures page for information on the terms that will apply to their subscription.

 

In the ‘Subscription Types’ section you’ll notice that add-ons purchased will be treated as the same subscription type as the product they are being added to.  For example, if you purchase an add-on for Marketing Hub Enterprise (a Full-Service Subscription) that add-on will be treated as a Full-Service Subscription as well.   

 

We’ve added some language to the ‘HubSpot Proprietary Rights’ section to clarify that we may use Customer Data to enrich data for other customers or third parties as described in the ‘Aggregate Data’ section.  

 

Product Disclosure Page Updates:

 

For customers who have multiple root domains and are purchasing a Brand Domain as an add-on to their Marketing Hub Enterprise subscription, we’ve defined what a root domain is and provided some examples of domains that do and do not qualify.  For more information on the Brand Domain add-on, including how to purchase and connect your Brand Domain, please take a look at the knowledge base article found here.  

 

We’ve included a new ‘Free Services’ section, which explains that we may include HubSpot branding and marketing content within our free features and that the branding and marketing content cannot be removed or modified.

 

Finally, for customers on legacy versions of our Marketing Hub Products that are not listed in the TOS, we’ve updated the ‘Legacy Products’ section to clarify that the terms that apply to Full-Service Marketing Hub Products will apply to your subscription.

 

DPA Updates

 

We’ve made a few organizational changes to the DPA including the addition of a table of contents and breaking out the ‘Data Subject Request’ subsection into its own independent section.  

 

In the ‘Details of the Processing’ section we have noted that Controllers (i.e., customers) ultimately decide what data is collected and processed by the Subscription Service.

 

We’ve updated the ‘Personal Data Breaches’ section to state that we will provide you notice “without undue delay” after becoming aware of any breach affecting your Personal Data.

 

In the ‘Deletion or Retrieval of Personal Data’ section we now note that you are able to delete the Personal Data of end users using the functionality in the SubScription Service.

 

We have made two updates to the ‘Data Transfer’ Section.  First, you’ll see that we, as Processor, may access and perform processing activities on a global basis as necessary.  Second, in the event that the statutory mechanism (i.e. EU-U.S. Privacy Shield or the Standard Contractual Clauses) are found to be invalid, we have included language to state that we will work together to pursue a suitable alternative.

 

Well, that’s that!  Please remember that this is just an informal, high-level summary of the most recent changes to the TOS, DPA and Product Disclosures page, and that you should always make sure you’ve read and understood them before you use our software or services. Thanks!

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