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KSims
by: HubSpot Employee
‎Sep 1, 2023 7:00 AM
HubSpot Employee
‎Sep 1, 2023 7:00 AM

September 1, 2023, Legal Stuff Update

September 1, 2023 Legal Stuff Update

HubSpot recently updated the following legal documents, which are all included in our Customer Terms of Service:

 

Additionally, HubSpot also recently updated the following documents, which we are including here for your convenience that may apply to your use of our services or websites:

We wanted to give you some information on what's changed below.  Please remember that this is just an informal, high-level summary of the most recent changes to these documents, and that you should always make sure you’ve read and understood the complete Customer Terms of Service before you use our products or services.

 

We’ve also made minor drafting clean-ups and clarifications across the terms.

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General Terms 

  • The 'Defnitions' section now includes the HubSpot Privacy Policy, for your convenience available at https://legal.hubspot.com/privacy-policy. 
  • We are excited to launch our new Commerce Hub! Commerce Hub is not based on Subscription Fees, so the ‘Subscription Fees’ and ‘Fee Adjustments’ sections in the General Terms have been updated to include a reference to our Product Specific Terms for additional information.  
  • We removed “hard” from bounces in the ‘Suspension for Prohibited Acts’ section.
  • We are excited to launch our new AI Products!  As we launch our new AI products, we want you to know how we may use Customer Data to train our machine learning models and we are giving you control to exclude your Customer Data at any time, if that is your choice.  Under the ‘Machine Learning’ section of our General Terms, HubSpot may use Customer Data for machine learning to support and develop features and functionality related to our services. 
  • On July 10, 2023, the EU Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (the “EU-U.S. DPF”).  Accordingly, we updated the ‘Customer Data Transfers’ section of the General Terms to reflect EU-U.S. DPF.  
  • The HubSpot Data Privacy Framework Program page includes additional details where you can learn more.  

 

Product Specific Terms 

  • We updated the title of the Marketing Hub (with Marketing Contacts) section for consistency; this is a name change in the document only, and we are bringing you the same, great services. 
  • We updated the ‘Google Enhanced Conversions’ section, which is now called just ‘Ad Conversions.’
  • We are excited to launch SMS for Marketers! We added a new ‘SMS for Marketers’ subsection that applies to this new product. 
  • We are excited to launch our new Commerce Hub! Commerce Hub is a little different from the rest of the Subscription Services with fees and payment (we aimed for it to be less work for you).  These updates, and more, are in the new ‘Commerce Hub’ section. 
  • We added terms for our Calling product regarding possible outages and availability.
  • We are excited to launch our new AI Products! Our AI Products are powered by artificial intelligence, machine learning, or similar technologies. Some AI Products may be provided to you as a Beta Service, and if so, the HubSpot Beta Terms also apply.

 

Data Processing Agreement

  • The 'Definitions' section now includes definitions for “Data Privacy Framework” and “Data Privacy Framework Principles” based on the updates to the EU-U.S. DPF. 
  • Out with the Old!
    • We removed old “Privacy Shield” references.
    • We removed the previously incorporated references to the Standard Contractual Clauses and SCC compliance obligations. 
    • We removed the previously incorporated references to the Standard Contractual Clauses. 
    • We removed the ‘Sub-Processor Agreements’ subsection, including previously incorporated references to the Standard Contractual Clauses and SCC compliance obligations.
  • In with the New!
    • We added a new Data Privacy Framework Section based on the EU-U.S. DPF. 
    • We added a new Standard Contractual Clauses Section consistent with the EU-U.S. DPF. 
    • We added a new section applicable to Sub-Processors that addresses compliances with the Standard Contractual Clauses and is consistent with the EU-U.S. DPF. 
    • We moved the reference to the competent supervisory authority under GDPR to the new Standard Contractual Clauses Section. 
    • We updated the language in the Alternative Transfer Mechanism subsection.
  • The HubSpot Data Privacy Framework Program page includes additional details where you can learn more.  

 

Sub-Processors Page

  • We updated the reference to HelloSign to reflect its updated name as Dropbox Sign for consistency.
  • We updated the Purpose for Twilio to reflect Calling and SMS Functionality.

 

Regional Data Hosting Policy 

  • We now support Operations Hub on our EU Hublet, so we removed OpsHub from the ‘Exclusions’ section of our Regional Data Hosting Policy.
  • We updated the Purpose for Twilio to reflect Calling and SMS Functionality.

 

Jurisdiction Specific Terms - Australia 

  • We worked to remove legalese where possible and make the language easily understandable.
  • We added language more closely aligning with Australian standards for data minimization, including data being directly related to the service functions.
  • We added language regarding beta services and pilot programs to the Legacy Products section to clarify how service transitions may happen in instances other than sunsetting products.
  • We clarified your rights under the ACL will take priority before we limit liability.

 

Jurisdiction Specific Terms - Canada

  • We included a reference to the HubSpot Trust Center, which you can use to complete Privacy Impact Assessments or security questionnaires, as you may determine could be needed, under Quebec Law 25 (also known as “The Privacy Legislation Modernization Act”, formerly “Quebec Bill 64”).

 

Privacy Policy 

  • Our Privacy Policy applies to both our Customer Terms of Service and to visitors to our Websites. Some of the updates to the Privacy Policy apply to Customers, and some apply to our Websites. Please visit our Privacy Policy directly for the updates that apply to you.
  • We are excited to launch our new AI Products! Under the ‘To Improve and Develop Our Product and Services’ section of our Privacy Policy, HubSpot may use Customer Data to support and develop features and functionality related to our services.
  • We updated the data transfer language consistent with the EU-U.S. DPF.
  • The HubSpot Data Privacy Framework Program page includes additional details where you can learn more.  

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Connect.com Terms of Use 

  • Connect.com profile terms are now incorporated under the HubSpot Website Terms of Use.

 

Website Terms of Use

  • We included additional display rights to information and materials you post or provide to us.
  • We rephrased our links to ‘Third-Party Web Sites’ section
  • We included Sites and Content in the 'Disclaimers and Limitations of Liability' section.
  • We added a ‘Profiles’ subsection to the ‘Additional Terms’ section, which includes references to Connect.com.

 

Template Provider Agreement

  • We added a Template Provider Agreement that applies if you provide templates, themes, modules or other content for use with the HubSpot products.

 

Marketplace Terms of Use 

  • We updated the Marketplace Terms of Use to include our Template Provider Agreement, update our corporate address, and some other information you should review in full.