sotoole
by: HubSpot Employee
293 Views
0 Comments

November 2021 Legal Stuff Update

 

HubSpot recently updated the following legal documents: January 20, 2021 Privacy Policy, July 19, 2021 Master Terms, August 3, 2021 Product Specific Terms and October 1, 2021 Jurisdiction Specific Terms, which all form part of our Customer Terms of Service. We wanted to give you some information on what's changed below.

 

Privacy Policy Update:

 

We’ve made some updates to our Privacy Policy to make it easier for you to understand what information we collect, why we collect it, and how we use it.

We’re making these updates to our Privacy Policy to provide additional transparency around our practices regarding your personal data and to address regulatory developments. We encourage you to review the full Privacy Policy here, and make sure you agree to it. Here’s a quick summary of the important updates:

 

  • We’ve decommissioned our Product Privacy Policy and moved some terms from the policy into our  Privacy Policy;
  • We’ve provided additional transparency around our data practices and we explain how you can make choices about your personal data;
  • We’ve described the measures we’ve put in place to keep your information secure; and 
  • We’ve provided additional transparency on region specific rights and international data transfers.

If you have any questions about these changes, please reach out to us using the contact information provided in the privacy policy.

 

Product Specific Terms:

 

We launched our new product Operations Hub back in April 2021 which brought the PieSync technology into the HubSpot platform. Today, we are excited to launch a new tier; Operations Hub Enterprise.  We have amended our Product Specific Terms to include the Enterprise tier of Operations Hub.

 

Master Terms and Jurisdiction Specific Terms:

 

We’ve amended the ‘Access’ section of our Master Terms to clarify that customers are responsible for ensuring that all access, use and receipt by their Users comply with the Agreement.

 

We’ve included a term for customers located in Canada in the ‘Sales Tax’ section of our Master Terms.

 

We have moved the ‘Jurisdiction Specific Terms’ section in the Additional Coverage Terms - Appendix 1 of our Master Terms to a new section in our Jurisdiction Specific Terms called the Jurisdiction Specific Additional Coverage Terms.

 

Since we’ve decommissioned the Product Privacy Policy we have removed all references to this policy.

 

We’ve also made minor drafting clean-ups and clarifications to the Master Terms and Jurisdiction Specific Terms and corrected some references.

 

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 software or services.

sotoole
by: HubSpot Employee
330 Views
0 Comments

 

HubSpot recently updated the Jurisdiction Specific Terms which forms part of the HubSpot Customer Terms of Service, and we wanted to give you some information on what's changed.  

 

We are excited to announce that we are opening offices in Ontario in Canada and in London in the United Kingdom as we expand our global footprint in these two new locations.

 

We have amended our Jurisdiction Specific Terms to include our two new offices in Canada and the United Kingdom (UK).

 

You’ll see we’ve added Canada and the UK as two new contracting entities to our Jurisdiction Specific Terms. From October 1st, 2021 new HubSpot customers based in Canada or the UK will be contracting with either our Canadian or UK affiliate and their agreement with us will be governed by the laws of Ontario and England, respectively. 

We’ve amended our Customer Terms of Service for Canada as follows:

 

  • We’ve varied the ‘Compliance with Laws’ section for Canada.
  • We’ve also varied the ‘Contract for Services’ section to clarify that our contract is for the provision of services and not the sale of goods with reference to Ontario law. 
  • We’ve clarified that we’ve expressly required the agreement and any ancillary documents be in English.

We’ve also amended our Customer Terms of Service for the UK as follows: 

 

  • We’ve clarified that certain types of liability cannot be limited by law;
  • We’ve varied the ‘Compliance with Laws’ section for the UK;
  • We’ve also clarified that the agreement does not give any rights to third parties; and
  • We’ve also varied the ‘Contract for Services’ section to clarify that our contract is for the provision of services and not the sale of goods with reference to English law. 

We’ve also made minor drafting clean-ups and clarifications to the Jurisdiction Specific Terms and corrected some references.

 

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 software or services.

srevina
by: HubSpot Employee
247 Views
0 Comments

HubSpot recently updated our Hubspot Business Partner DPA and we wanted to give you some information on what's changed.

Read more

sotoole
by: HubSpot Employee
465 Views
0 Comments

 

We have updated the July 19, 2021 Data Processing Agreement (DPA) which forms part of our Customer Terms of Service. Here’s some information on what's changed:  

 

  • We have updated our agreement to include the new Standard Contractual Clauses ((EU) 2021/914 of 4 June 2021) which is now Annex 4 to our DPA (new SCCs), we have also updated Annex 1 (Details of Processing) to accommodate the new SCCs;
  • We have modified the ‘Controller Instructions’, the ‘Sub-Processor’ and the ‘Objection to New Sub-Processors” sections of our DPA to align with the commitments we make in the new SCCs. We have also added a new section on ‘Sub-Processor’ Agreements;
  • We have added a new section (D) to the ‘Transfer Mechanisms for Data Transfers’ section of our DPA as a back-up for UK data transfers until the UK formally approves the new SCCs;
  • We have simplified the ‘Permitted Affiliates' section of our DPA and specifically referenced the SCCs to avoid any ambiguity;
  • We have included two additional Sub-Processors for HubSpot Affiliates based in the UK and Canada.

 

We’ve also made some drafting clean-ups and clarifications throughout our DPA. Please remember that this is just an informal, high-level summary of the most recent changes to our terms, and that you should always make sure you’ve read and understood the complete Customer Terms of Service before you use our software or services.

sotoole
by: HubSpot Employee
451 Views
0 Comments

Product Specific Terms

 

We have updated the July 19, 2021 Product Specific Terms which form part of the HubSpot Customer Terms of Service and we wanted to give you some information on what's changed.  

 

We are pleased to announce that we are launching CMS Hub Starter as a new product from August 3rd 2021. We have made some changes to the ‘CMS Hub’ section of our Product Specific Terms to add CMS Hub Starter as a new product tier. We have also updated our Product and Services Catalog accordingly.

 

And that’s it!  Please remember that this is just an informal 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 software or services.

sotoole
by: HubSpot Employee
1039 Views
0 Comments

We are excited to announce that we are launching our first regional data center in the EU. From today, new HubSpot customers based in EMEA can use the new data center. For further detail please see the HubSpot Regional Data Hosting Policy which we have just published today on our Legal Stuff pages. Please note that for existing HubSpot customers, we are currently building the ability to migrate data to HubSpot’s EU data centre. We anticipate that the EU data center will be available for existing customers in 2022. Existing customers can learn more about our plans for migrating customer data here.

 

We have also updated the April 21, 2021 Master Terms, the April 21, 2021 Product Specific Terms and the September 1, 2020 Data Processing Agreement which all form part of the HubSpot Customer Terms of Service. Here’s some information on what's changed:  

 

HubSpot Regional Data Hosting Policy

 

Our new Regional Data Hosting Policy sets out our commitment to hosting Customer Data in a specific location and the exclusions to that commitment. The first regional data center we are offering is in the EU and it is now available to new HubSpot customers based in EMEA. The location of data hosting will be indicated on your Order Form and in your HubSpot account. If no location is specified in your Order Form your Customer Data is hosted in the United States of America (USA).

 

Our commitment to storing customer data in a specific location is subject to certain exclusions. HubSpot Inc. is based in the USA and certain storage and processing may continue outside of the specified location, including in the USA and other regions where we, our Affiliates and Sub-processors operate. 

 

Please see below a summary list of the exclusions to our commitment to storing Customer Data in a specific location:

 

  • Customer and Product Development Support; HubSpot employees from other locations may access your account in order to provide customer support and for product development purposes. 
  • Security and Abuse Prevention; HubSpot employees from other office locations may access your HubSpot account and Customer Data to investigate or remediate security incidents and/or product abuse. 
  • Integrations; If you choose to use integrations that process Customer Data, those integrations may process and/or store Customer Data in locations other than the Location.
  • Operations Hub; Our infrastructure that supports the Operations Hub sync engine is hosted in the USA (AWS East). This means that if you use sync features powered by Operations Hub, data will be transferred to, processed, and stored in the USA.
  • User Access; Your Users may log in to your HubSpot account from areas outside of the Location. This means that data may be accessed and transferred from the User’s location.
  • Usage data; As described in the ‘Customer Data’ section of the Customer Terms of Service, we may collect data about how you use and interact with the Subscription Service. This usage data will be transferred from the Location to the USA. 
  • Some of our Sub-Processors do not have data centers in the EU and we specifically call out these Sub-Processors as exclusions. You may choose not to use the features and functionality provided by some of these sub-processors as described in our Regional Data Hosting Policy.

We would recommend that you read our Regional Data Hosting Policy carefully to ensure you understand the terms on which we are making our EU data center available.

 

Master Terms

 

We have added a section on Regional Data Hosting to the ‘Customer Data’ section of the Master Terms. With the launch of our new EU data center today new HubSpot customers based in EMEA will have their Customer Data stored in Europe by default. Existing customers and new customers located outside of EMEA will have their data hosted in the USA. For more information please see our Regional Data Hosting Policy.

 

We have also updated the ‘DISCLAIMERS; LIMITATION OF LIABILITY’ section of our Master Terms. We now offer a performance warranty to all HubSpot customers with paid subscriptions; it does not apply to you if you only use our Free Services. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service. The remedy for non-conformance will be to use commercially reasonable efforts to fix the non-conformance and if it cannot be corrected within sixty days then either party may terminate the Agreement by providing thirty day’s written notice to the other. If you terminate the Agreement we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. We also list some exceptions to this performance warranty. We will not have any liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement. This section states our entire liability and your sole and exclusive remedy for any claims arising under this section. Since we offer this performance warranty to a greater proportion of our customers we have removed the performance warranty offered in our ‘Additional Coverage Terms’ in Appendix 1 of our Master Terms.

 

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.

 

Product Specific Terms 

 

We have made some minor changes to our Call Recording clause in the ‘Consulting and Other Services’ section of our Product Specific Terms. These changes are intended to simplify the clause and make it easier to review.

 

Data Processing Agreement

 

We have amended the definition of “European Data Protection Laws” by updating the reference to any applicable national UK legislation that replaces or converts GDPR into national law with the GDPR as as it forms parts of United Kingdom domestic law by virtue of Section 3 of the European Union (Withdrawal) Act 2018.

 

We have added a new Security section to the ‘Customer Responsibilities’ section of the DPA. We clarify that you are responsible for independently determining whether the data security provided for the Subscription Service adequately meets your obligations under applicable Data Protection Laws. We also highlight that you are also responsible for your secure use of the Subscription Service, including protecting the security of Personal Data in transit to and from the Subscription Service.

 

In the ‘Limitation of Liability’ section of our DPA we have clarified that neither party’s liability will be limited with respect to any individual's data protection rights under this DPA.

 

We have also updated our list of Sub-Processors in Annex 4 of our DPA and we have added the following Sub-Processors: Ably.io, Google reCAPTCHA, ConvertAPI, HelloSign, Litmus and Mux. We have also split our Sub-Processors into two tables so you can clearly see Third-Party Sub-Processors and HubSpot Sub-Processors. For our Third-Party Sub-Processors we have included a column to this table to indicate the Sub-Processor location for both our US and EU data centers. We have also removed the language about our Sub-Processor Snowflake, Inc. as this is no longer applicable.

 

We’ve also made drafting clean-ups and clarifications to the following sections in our DPA: ‘Deletion or Return of Personal Data’ section, the ‘Data Transfers’ section and the ‘Transfer Mechanisms for Data Transfers’ section.


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 software or services.

 

sharonlicari
781 Views
0 Comments

HubSpot recently updated the October 1, 2020 Master Terms, the March 15, 2021 Product Specific Terms and the September 1, 2020 Product Privacy Policy which all form part of the HubSpot Customer Terms of Service, and we wanted to give you some information on what's changed.  

 

Product Specific Terms

 

In November 2019, PieSync was acquired by HubSpot and since then we’ve been working hard to bring our sync technology into the HubSpot platform. 

 

Today, we are excited to launch our new product Operations Hub, which features the data sync technology.

 

We have amended our Product Specific Terms to include Operations Hub as a new HubSpot product. 

 

We’ve also taken the opportunity to clarify our ‘Third Party Sites and Products’ section. You may spot that we’ve removed our ‘Data Practices and Machine Learning’ section from the Product Specific Terms; this is now covered by the Master Terms and Product Privacy Policy.

 

Master Terms

 

We’ve made some changes to our ‘Data Practices and Machine Learning’ section.

 

We’ve clarified that we collect information about you and your Users when you interact with the Subscription Service. We may aggregate and anonymize this information and share it with third parties but we do not include any Customer Data or identify Users.

 

We also use Customer Data in an anonymised manner for machine learning to support certain product features and functionality within the Subscription Service.

 

Our ‘Confidentiality’ section covers the topic of compelled disclosure. We have added an obligation on the Receiving Party to refer a disclosure request to the Disclosing Party and to offer reasonable assistance in opposing a disclosure or seeking a protective order, unless prohibited by law or court order. 

 

We’ve also made some minor changes to our ‘Disclaimer of Warranties’ section.

 

Product Privacy Policy

 

We’ve updated the ‘Data Practices and Service Data’ to clarify that we collect information about you and your Users when you interact with the Subscription Service. You may also now choose to opt out of having your Customer Data used for machine learning purposes.

 

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 software or services.

 

mgeraghty
by: HubSpot Employee
748 Views
0 Comments

Product Specific Terms

 

HubSpot recently updated the November 2, 2020 Product Specific Terms which forms part of the HubSpot Customer Terms of Service, and we wanted to give you some information on what's changed.  

 

We’ve added some new features and functions to our Subscription Service which allows you to record calls and to import call recordings from other sources such as a third party application. If you choose to use these features and functions we ask that you comply with all applicable laws, rules and regulations relating to the recording of phone calls or other electronic communications. We also ask that you obtain all necessary consents, rights and permissions to share such recordings with us and allow us to process such recordings in order to provide the Subscription Service to you.

 

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 software or services.

mgeraghty
by: HubSpot Employee
1129 Views
0 Comments

Acceptable Use Policy

 

HubSpot recently updated the September 1, 2020 Acceptable Use Policy (AUP), which forms part of the HubSpot Customer Terms of Service, and we wanted to give you some information on what's changed.  

 

Effective February 3, 2021 we updated Section 6 of the AUP to make clear that we will not allow groups that promote, encourage, or facilitate hate speech, violence or discrimination to use HubSpot’s services, regardless of whether the HubSpot service is used specifically for these activities.  We’ve also added that HubSpot users are responsible for moderating user generated content on their own platform or service, and that violation of these standards may result in termination of your use of the HubSpot service.

 

And that’s it!  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 software or services.

 

We encourage all HubSpot users to review our AUP along with our Content Moderation @ HubSpot statement. Complaints regarding HubSpot user content may be reported by sending an email to content@hubspot.com, or by filling out our content moderation submission form.

mgeraghty
by: HubSpot Employee
968 Views
0 Comments

Great news! In line with the HubSpot Customer Code (and specifically, the 'Don't Block the Exit' tenet of that code), we've made a change to our Non-Renewal Notice Period terms in our Customer Terms of Service that we think you’ll like.

 

Previously, if you subscribed to Marketing Hub Professional or Enterprise and you wanted to prevent the renewal of your subscription, you had to provide us with written notice no less than ten days in advance of the end of the subscription term. The good news is that, effective today, you can now prevent the renewal of any Marketing Hub subscription by giving written notice of non-renewal at any time before the next renewal period begins. This offers more flexibility to our customers and means our Non-Renewal Notice Period terms are now consistent across all paid HubSpot products. 

 

To give effect to this change, we’ve updated sections 2.1.9 and 2.2.9 (the Marketing Hub Non-Renewal Notice Period sections) of the October 1, 2020 version of our Product Specific Terms which form part of the HubSpot Customer Terms of Service. Archived versions of the PST are available here for your reference.

 

Section 4.2 of our Customer Terms of Service also covers notice of non-renewal and remains unchanged. It states that if you decide not to renew, you may send this non-renewal notice to us by turning auto-renew off in the billing details information in your HubSpot account, or by following the steps here, as applicable.

 

And that’s it!  Please remember that you should always make sure you’ve read and understood the Customer Terms of Service agreements before you use our software or services.

 

Questions? Let us know!

mgeraghty
by: HubSpot Employee
1528 Views
0 Comments

As part of this update, we've made changes to our Master Terms, our Product Specific Terms and our Jurisdiction Specific Terms.

 

Master Terms Updates

 

We’ve made a couple of changes to the Sept 1, 2020 version of the Master Terms, which form part of the HubSpot Customer Terms of Service and we wanted to give you some info on what's changed.  Archived versions of the Master Terms are available here for your reference.

 

We’ve updated the definition of “Add-On” to account for a naming convention change within HubSpot. The definition now includes reference to ‘Limit Increases’ and ‘Capacity Packs’ which you’ll see referenced on our Product and Services Catalog.

 

We’ve updated the ‘Amendment/No Waiver’ section of our Master Terms (section 11.1) to clarify that if you have an objection, and where we’ve allow you to continue on the previous version of the terms, upon renewal of your subscription, the updated terms on our website will apply.

 

Finally, as we usually do when we update the TOS, 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.

 

Product Specific Terms Updates

 

We’ve updated the April 2020 version of the Product Specific Terms (PST), which form part of the HubSpot Customer Terms of Service and we wanted to give you some info on what's changed.  Archived versions of the PST are available here for your reference.

 

You may be aware that HubSpot announced a new pricing model for Marketing Hub at INBOUND in September 2020, known as Marketing Contacts. You can read more about Marketing Contacts here. As a result of this exciting news, we’ve had to add some new provisions to our PST. These new provisions set out the terms that apply to your Marketing Hub - Marketing Contacts subscription. You’ll find these new terms at section 2.1 of the PST. Marketing Contacts will be available to all new Marketing Hub customers on October 21, 2020. 

 

You should read the terms in full if you’re planning to purchase one of our Marketing Contacts products, but here are some of the highlights:

 

  • Marketing Hub customers with Marketing Contacts pricing can designate whether a contact in their portal is a ‘Marketing Contact’ or a ‘Non-Marketing Contact’. Marketing Contacts are contacts that are able to receive marketing emails and be targeted with ads, and are designated as Marketing Contacts in your HubSpot account.
  • Customers of our Marketing Contacts Products will only pay for the contacts to which they want to send marketing emails and target ads, and they can store up to one million Non-Marketing Contacts for free. 
  • Customers of our Marketing Contacts Products will be charged immediately if they exceed their contact tier limit but will also receive notifications to let them know they’re approaching this limit.
  • Customers of our Marketing Contacts Products will be permitted to downgrade their subscription at renewal if they sign a new Order.
  • If Marketing Contacts customers reach their Email Send Limit, they may not be able to send any more emails. The Email Send Limits for Marketing Contacts Products are as follows: For Marketing Hub Professional - Marketing Contacts, the Email Send Limit is equal to ten (10) times the Maximum Contacts number per month. For Marketing Hub Starter - Marketing Contacts, this limit is equal to five (5) times the Maximum Contacts number per calendar month.  
  • We recommend you check Section 2.1.3 to understand all the instances where your subscription fee might increase.
  • Marketing Contacts customers can change their contacts from Non-Marketing to Marketing Contacts at any time. We allow them to designate Marketing Contacts as Non-Marketing’ Contacts at any time, but changes in designations to Non-Marketing will not take effect until the first day of the next month or on your subscription renewal date, whichever comes first.
  • Importantly, if you’re a customer switching from one of our Marketing Hub Products with legacy contacts pricing to one of our Marketing Contacts Products, all of your contacts will be designated Marketing Contacts by default. We strongly recommend you complete the Eligibility Flow tool to designate your Non-Marketing Contacts before you switch to avoid an unintended Contact tier upgrade fee which will apply immediately and cannot be refunded.

Again, you should ensure you read all the terms in full if you plan to purchase one of our Marketing Contacts Products.

 

Existing Marketing Hub customers will have the option on renewal to either (i) renew their then-current Marketing Hub subscription or (ii) switch to the new Marketing Contacts pricing model when it is made available.  

 

If you’re an existing Marketing Hub customer and you decide to remain on your current pricing model, the Marketing Hub terms in Section 2.2 below will apply to your subscription. Other than drafting clean-ups, clarifications and formatting improvements, there are no material changes to the terms that apply to the Marketing Hub products with legacy contacts pricing.

 

Jurisdiction Specific Terms Updates

 

We’ve replaced much of the text in the ‘Contracting Entity; Applicable Law; Notice’ section of the April 2020 version of our Jurisdiction Specific Terms with a table, to improve readability and usability of our terms. We hope the table will help you locate the contracting entity, governing law, address for notices and venue/courts that apply to your subscription easily and quickly. There are no material changes to these terms however.

 

And that’s it!  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 Customer Terms of Service agreements before you use our software or services.

 

Questions? Let us know!

mgeraghty
by: HubSpot Employee
1671 Views
0 Comments

Master Terms Updates

 

HubSpot recently updated the April 7, 2020 version of the Master Terms, which form part of the HubSpot Customer Terms of Service and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

We’ve updated the Definition of ‘Personal Data’ to clarify that the term ‘Data Protection Laws’ is defined in the Data Processing Agreement (a.k.a. the DPA).

 

We’ve added a new definition for ‘Add-Ons’ for clarification purposes only. 

 

We’ve also updated the definition of ‘Sensitive Information’ to make it easier for customers to understand the types of information that are captured under this definition.

 

We’ve moved some of the restrictions listed in the ‘Prohibited and Unauthorized Use’ section of the Master Terms over to our Acceptable Use Policy because it makes sense for these restrictions to live there. We haven’t made any changes to the restrictions themselves.

 

For transparency purposes, we’ve now listed the ways in which your fees can increase in the Master Terms (we had previously just referred you to the Product Specific Terms a.k.a. The PST). You’ll still find the full details regarding fee increases in the PST.

 

We’ve updated the Withholding Tax clause that we added last April to clarify that it applies only to withholding tax. You'll find this clause at section 3.7 in the Master Terms.

 

We’ve updated the ‘Customer Data’ section of our Master Terms (section 5) in light of the recent Schrems ruling, to clarify that we no longer rely on EU-US Privacy Shield as a transfer mechanism. 

 

We’ve updated the ‘Amendment/No Waiver’ section of our Master Terms (section 11.1). This section deals with what happens when we update our Customer Terms of Service. You can still notify us if you have an objection to an update and we’ve clarified the remedies available if you do have an objection. In most cases we allow you to continue on the previous version of the terms, but if we can no longer reasonably provide the subscription to you under those terms (for example, if the modifications are required by law or result from general product changes) and you’re not comfortable agreeing to them, we’ve provided an option to terminate.

 

We’ve updated the ‘Insurance’ section of our Master Terms (section 11.13) to specify that cyber insurance is included in our insurance policy. We’ve also increased the coverage amount for Professional Liability Insurance (cyber/errors and omissions liability insurance) to US $5,000,000.

 

We’ve clarified that our U.S. Government Customer Additional Terms at Appendix 2 to the Master Terms apply to public higher institutions of education.

 

Finally, as we usually do when we update the TOS, 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.

 

Acceptable Use Policy (AUP) Updates

 

We haven’t made any substantive changes to the AUP this time round. But as we outline above, we did move some restrictions from the Master Terms over to section 5 of the AUP.

 

Data Processing Agreement (DPA) Updates

 

In light of the recent Schrems ruling, we’ve updated the DPA, specifically the definitions of ‘Privacy Shield’, ‘Privacy Shield Principles’ and ‘Standard Contractual Clauses’; the ‘Transfer Mechanisms for Data Transfer’ section and Appendix 3 to the Standard Contractual Clauses. We clarify that we no longer rely on EU-US Privacy Shield as a transfer mechanism but that we will continue to apply the Privacy Shield principles to all data transferred from HubSpot’s EU customers to the US.

 

We’ve also updated the ‘Responsibilities’ section of the DPA to reflect how we process California Personal Information as a Service Provider under the CCPA and to further disclose our data practices.  

 

We’ve updated our list of Sub-Processors in Annex 4 of our DPA to include one of our subsidiaries, HubSpot France SAS, and to add the purpose and location of each sub-processor listed in Annex 4. 

 

Finally, as we usually do when we update the DPA, 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.

 

Privacy Policy Updates

 

We’ve updated the ‘What Information We Collect About You’ and the ‘How We Use Information We Collect’ of our Privacy Policy to clarify the information we may collect about you and to reflect how we use data to develop and improve the services. We also updated the ‘How We Share Information We Collect’ section to clarify how we share data with third party service providers. 

 

We have also updated the ‘How We Transfer Data We Collect Internationally’ section in light of the Schrems ruling, to clarify that we no longer rely on EU-US Privacy Shield as a transfer mechanism.

 

In the California Privacy Rights section we have clarified that we do not not sell Personal Data for the purpose of the CCPA.

 

We’ve also revised the definition of “Sensitive Information” to align with the changes we made to the language in this definition in the Master Terms (as outlined above).

 

Product Privacy Policy Updates

 

We updated the ‘How We Transfer Data We Collect Internationally’ section in light of the Schrems ruling to clarify that we no longer rely on EU-US Privacy Shield as a transfer mechanism.

 

And that’s it!  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 TOS, including the new Master Terms, Product Specific Terms, Jurisdiction Specific Terms, DPA, AUP and Privacy Policies before you use our software or services.

 

Questions? Let us know!

srevina
by: HubSpot Employee
1147 Views
0 Comments

Effective August 14th, 2020 HubSpot has updated the February 2020 version of the HubSpot Solutions Partner Program Agreement (“HSPPA”) and we wanted to give you some information on what's changed. As we continue to grow and aim to maintain a level of transparency with all partners and providers on product and program strategy, we’ve identified the need to clarify with our partner and provider community our expectations as they relate to Confidential Information. You will find that most of the changes in this update address Confidential Information and your obligations to maintain confidentiality, so please review the updated terms carefully as the changes are important.

 

  • Confidential Information definition has been updated to include categories of information that automatically fall under this definition. These categories include, but are not limited to, Customer Data and Customer Materials, information related to products, finances, marketing plans, engineering and R&D materials. 

  • The “Confidentiality” section now includes a provision that addresses compelled disclosure of Confidential Information and what the receiving party must do in terms of notice and minimizing disclosure in any situation where it is forced to disclose any Confidential Information by law or legal process. 

 

  • We have added an “Injunctive Relief” sub-clause that enables both HubSpot and our partners to seek an injunction against any breach or threatened breach of the “Confidentiality” section.

  • We have clarified that HubSpot’s partners/providers and their representatives should not use HubSpot’s Confidential Information, which may include material, non-public information about HubSpot, in their own investment decisions, or use it to contribute to anyone else’s investment or securities trading decisions. Such misuse of Confidential Information is a violation of our terms and may violate federal or state insider trading, securities, and other applicable laws.

  • “Term and Termination” section has been updated to clarify that breach of confidentiality or infringement of HubSpot’s intellectual property rights is cause for immediate termination.

  • The limitation on indirect damages has been updated to clarify that damages for breaches of confidentiality and violations of HubSpot’s intellectual property rights are not limited.

  • We have updated the “Limitation of Liability” section to clarify that in cases where a claim arises out of your participation in the Solutions Partner Program, rather than arising out of a specific Qualified Transaction, the cap on our aggregate liability will be equal to the total amount of fees paid by you for HubSpot Subscription Services in the 12 months preceding the incident giving rise to the claim.

  • We’ve highlighted that it is your responsibility to keep your account information with us up to date and that we may deliver general notice to you through in-app notifications and specific notice via email to the email address(es) you’ve provided to us in your account. 

 

Finally, as we usually do when we update our terms, we’ve made a few drafting clean-ups, clarifications, and formatting improvements. These updates were made to help provide a clearer description of the intent of the terms or to make the terms easier to review.

 

And that’s it! Please remember that this is just an informal high-level summary of the most recent changes to this legal document, and that you should always make sure you read and understand the full agreement and our partner and provider policies before you agree to participate in our Solutions Partner Program or use our software and services.

 

Review the new version of the HSPPA here.

Questions? Please let us know!

mgeraghty
by: HubSpot Employee
1498 Views
0 Comments

Terms of Service Updates

 

HubSpot recently updated the March 3, 2020 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

Structurally, we’ve made some big big changes to the TOS in this update. Over the years, as we added new Hubs, new features and opened International offices, our TOS has gotten pretty long. Now that we’ve added a brand new Hub to our Platform, the CMS Hub, we decided to take this opportunity to shuffle some of terms around to improve your experience as you navigate the terms that apply to your subscription.

 

With that in mind, we’ve revamped the documents that form part of your Agreement with us. Together, these constitute our ‘Customer Terms of Service’ and govern your relationship with us.

 

  • Master Terms: These contain the core legal and commercial terms that apply to your subscription. Most of these terms were in our original TOS page. Others were moved here from our original ‘Product Disclosures’ page. You’ll notice this page is shorter than our original TOS page. That’s because we also moved some terms to their new home on the Product Specific Terms and Jurisdiction Specific Terms pages. Finally, you’ll find 2 new Appendices on this page. One includes the 'Additional Coverage Terms' and the other, the 'U.S. Government Customer Additional Terms', both of which we added as separate pages back in January 2020. Since these will now form part of the Master Terms, we’re retiring those separate pages as part of this update.
  • Product Specific Terms: These include any additional terms that apply to your use of each of our product offerings, our consulting and other services and third party services. There are no new concepts in these Terms. Instead, they were pulled from our original TOS page and our Product Disclosures page. But since we launched our latest Hub (CMS Hub) today, we’ve included reference to that product. As you’ll see, we’ve broken down the terms by product/service so we hope this will make it easier to review which terms apply to which Hub or service.
  • Jurisdiction Specific Terms: Depending on your location, some of these jurisdiction specific terms will apply to you. They’ll also explain which HubSpot entity you’re contracting with and which laws will apply to your contract with us. These terms used to live on our original TOS page (Section E). 
  • Data Processing Agreement: This explains how we process your data and includes the EU Standard Contractual Clauses. We have moved some terms regarding Customer Data to the DPA and we’ve moved our list of Sub-Processors (which used to be located on a separate page) into a new Annex 4 to the DPA.
  • Acceptable Use Policy: This is the definitive rulebook setting out what you can and can’t do while using our products and services. We made a few minor changes to this document. You’ll find details of this below.
  • Product Privacy Policy: This policy covers how we handle yours and your customers’ data when using our subscription service. We’ve made no new substantive changes here but we did move a couple of clauses from our original TOS page to the Product Privacy Policy, for example, the clauses relating to the retention/deletion of your data.

Along with reorganising the terms as detailed above, you’ll notice that we’ve simplified how we number the clauses in our new Master Terms. We no longer break down the agreement into different sections (formerly A to E) and instead, the terms are numbered 1 to 11 which we hope will improve your experience in navigating and reviewing our terms. 

 

Finally, we’ve added a new Withholding Tax clause to permit Customers to deduct applicable Withholding Tax from the Subscription Fee, subject to certain conditions. You'll find this clause at section 3.7 in the Master Terms.

 

Data Processing Agreement Updates

 

As mentioned above, we’ve moved our list of Sub-Processors into a new Annex 4 to the DPA (you might recall the list used to live on a separate page). We’ve also moved some terms  regarding the deletion and retention of Customer Data from our TOS to the ‘HubSpot Obligations’ provision of the DPA. These terms apply to Customer Data, including Personal Data. We have also clarified how you may request deletion of your HubSpot account on termination or expiry. 

 

Acceptable Use Policy Updates

 

We’ve further restricted use of our services such that you can no longer use them in a manner that promotes, encourages or facilitates discrimination based on the following additional grounds: sexual orientation, marital status, gender or identity expression, parental status and/or any other characteristic protected by law.

 

We’ve added a new ‘Developer Tools’ clause which states that if you use any of our developer tools including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms at https://legal.hubspot.com/hubspot-developer-terms.

 

Product Disclosures Updates

 

As mentioned above, we’re retiring this page and moving it’s provisions to the Master Terms and the new Product Specific Terms.

 

And that’s that!  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 TOS, including the new Master Terms, Product Specific Terms, Jurisdiction Specific Terms, DPA and AUP before you use our software or services.

 

Questions? Let us know!

mgeraghty
by: HubSpot Employee
1401 Views
0 Comments

Terms of Service Updates

 

HubSpot recently updated the January 16, 2020 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

We’ve updated the ‘Fees and Payment’ section of our TOS to reflect that, upon renewal, our current list prices set out in our Product and Services Catalog may apply. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. See the ‘Fee Adjustments at Renewal” section of our TOS for further details.

 

We are updating how seat downgrades operate for our Sales Hub Starter and Service Hub Starter products to align them with our Professional and Enterprise products. Previously, HubSpot automatically removed any unassigned paid Starter seats at renewal. While this was originally intended to be a fair practice for customers, it has led to confusion, as customers often have unassigned seats that they wish to keep for a variety of reasons. Going forward, we will no longer remove unassigned Sales Hub Starter and Service Hub Starter seats at renewal. Customers can manage their Users manually as described in the TOS. 

 

We updated all references to our ‘Agency Partners’ to ‘Solutions Partners’ to reflect a change in our Partner program naming convention made in January 2020.

 

In the ‘Compliance with Laws’ section of the TOS, we now agree to comply with our Code of Business Conduct and Ethics (a/k/a our Code of Use Good Judgment) which can be found on our Investor Relations page on hubspot.com.

 

We’ve made the ‘Japan’ section of our Jurisdiction Specific Terms mutual so it now applies to HubSpot as well as to our customers who contract with HubSpot Japan KK.

 

Finally, as we usually do when we update the TOS, we 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.

 

Product Disclosures Updates

 

We’ve updated the ‘HubSpot CRM’ section of our Product Disclosures, since a) contact deduplication is now an available feature and b) outbound calling is available as part of the subscription service generally rather than just the HubSpot CRM.

 

In the ‘Alpha/Beta Services’ section of our Product Disclosures, we’ve included reference to our new Beta Terms which are available online at https://legal.hubspot.com/hubspot-beta-terms.

 

We’ve updated how we manage use of legacy products. Going forward, if you are using a legacy product, we may choose to move you to our then-current products at any time. Please see the ‘Legacy Products’ section of our Product Disclosures for more information. 

 

Finally, as we usually do when we update our online agreements, we made some drafting clean-ups, clarifications and formatting improvements to the Product Disclosures.  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.


*********

 

And that’s that!  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 TOS and Product Disclosures before you use our software or services.

 

Questions? Let us know!

srevina
by: HubSpot Employee
1379 Views
0 Comments

Effective February 5, HubSpot has updated and combined the September 2019 versions of the HubSpot Agency Partner Program Agreement (“APPA”) and the HubSpot Sales Solutions Partner Program Agreement (“SSPPA”), together the PPAs, and we wanted to give you some information on what's changed. 

 

The biggest, most obvious change is the combination of the PPAs into one agreement called the HubSpot Solutions Partner Program Agreement (“HSPPA”) to reflect and facilitate the relaunch of our partner programs as one unified Solutions Partner Program. The rebranded program has two levels of participation. You now can participate as either a Partner (previously Agency Partners) or a Provider (previously Sales Solution Partners). 

 

As part of the merge of the two PPAs, we have combined and streamlined many sections in the prior agreements so please review the terms carefully. The essence and intent of the majority of the terms that applied to our Agency Partners and to our Sales Solutions Partners have not changed but some of the more notable changes that affect your participation in the program are summarized below.

  • We’ve updated and built out the Program Policies that are incorporated into the HSPPA. The Program Policies have specific sections that apply to Partners vs Providers and contain important operational details and requirements for participation in the program. For example, the Program Policies now describe how and where to properly submit your tax forms and what kind of bank information you need to provide in order to get paid. 

  • We have added a definition of an “Affiliate”. Please note that your affiliates are not valid prospects or leads under the HSPPA and a sale to your affiliate may not qualify for revenue share.

  • The”Termination Without Cause” section has been updated to allow either party to terminate the HSPPA upon 30 days written notice. This change is meant to provide more flexibility to all parties and help bring consistency in notification time frames between Providers and Partners and HubSpot.

  • Applicable to both Partner and Providers, we have updated the “Engagement with Prospects and End Users” section to clarify why, when and how we engage with prospects and End Users that our Partners and Providers submit to us for registration. Please note that HubSpot retains flexibility to engage with prospects for reasons such as completing the subscription process, providing support and generally, in the course of our regular business activities. 

  • The “Test Portal” section has been renamed to “HubSpot Demo Account” to reflect the new functionality of this program benefit. The new Demo Account is a unique account for each partner with the full Enterprise Growth Suite, and with corresponding CRM dummy data, to enable you to demo all HubSpot software, not just software you have purchased. We are updating the existing Test Portal with this functionality, and rebranding it to the Demo Account to reflect these enhancements. Please note that you must only use this account for demonstration and education purposes and cannot use any customer or prospect data in this account. You must also abide by the set limits of the account in terms of number of contacts and other objects.

  • We have clarified that the termination of the HSPPA (for any reason) in itself does not terminate your or your clients’ Subscription Service. The terms and conditions that apply to the purchase and use of any Subscription Service or any other HubSpot products and services are governed by the HubSpot Customer Terms of Service

  • The “Payment Obligations” section has been updated to reflect our notification and suspension procedures for non-payment. If you do not pay fees (for either your own subscriptions and products or any applicable fees for an End User for which you have taken on the contractual and billing obligations) that are past due within 10 days after our notice of non-payment, we may suspend any of the HubSpot Products and may charge a reactivation fee to reinstate your account. Please note that these are the same terms that we implement under the HubSpot Customer Terms of Service.

  • We have clarified that, as part of your privacy compliance, you must have, maintain and abide by your own privacy policy and that the contact information of your submitted leads and prospects must be legally obtained.

  • Definitions of “Other Products” and “Net Revenue” have been updated to clarify that transactions for any professional services, including onboarding, provided by HubSpot or any third-party products or services do not qualify for revenue share.

  • Due to significant administrative burden we have been experiencing with delayed and and incorrect tax and bank information forms, we have added a requirement that your submitted forms must be approved before the submissions will be regarded as completed for purposes of making a payment to you. Please take care when you submit this information to us. If you submit this information late or if the information is incorrect, you may be at risk of forfeiting revenue share.

  • We have made USD $100 the minimum amount due to you for us to initiate a payment transaction. This minimum now applies to all participation levels of the Program (i.e.: both Partners and Providers). This means that we may withhold the revenue share payment until the amount that we owe you is above $100 USD.

  • We have added a definition of  “Legitimate Prospect” which is now incorporated into the section on “Submission, Acceptance and Validity of Prospects”. This update is meant to explain that one of the requirements for prospect validity is that you are actively pursuing a prospect and that you can demonstrate an established business relationship with the lead you are submitting to HubSpot for registration.

  • Training and certification have been added to the definition of “Partner Eligibility Requirements”. For current Partners and Providers, there aren't any new certifications or training you have to fulfill to maintain your participation in the program as of the date of this post. However, there may be requirements added in the future for certain partnership levels or tiers. If this happens, the particulars will be communicated in the Program Policies, and you’ll be notified in advance so you’ll have time to meet the new requirements.

  • We have highlighted that it is your responsibility as a Partner or Provider to maintain the number of registrations within your then-current lead registration capacity limit (your capacity limit depends on your participation level in the program and/or your tier if you are a Partner). Any registration over your then-current capacity limit will be considered invalid. We also reserve the right to suspend your participation and/or suspend your payments until you have brought your registrations within then-current limits. 

  • In the Other Eligibility Section, we have added a disqualification criteria for any transaction where we determine you are acting, or have acted, in a way that has or may negatively reflect on us. We have always had the flexibility to terminate the Agreement for the same or similar reasons. This change allows us to address instances of conduct on a transactional basis rather than through contract termination.

  • We’re incorporating a comprehensive HubSpot Business Partner Data Processing Agreement (“BP DPA”) into the HSPPA to replace the provisions collectively referred to as GDPR Data Processing Addendum in the PPAs. We have also updated the “Data Processing” section to incorporate the BP DPA. As with the prior Addendum, the BP DPA shall apply to the extent that any Personal Data is processed in connection with the Solutions Partner Program. 

 

Finally, as part of the combination of the PPAs into one agreement, the HSPPA, we’ve removed reduncies, moved some of the content into our Program Policies, made drafting clean-ups, clarifications, and formatting improvements. Some of these updates were made to help provide consistency, a clearer description of the intent of the terms or to make the terms easier to review.

And that’s it! Please remember that this is just an informal high-level summary of the most recent changes to these legal documents, and that you should always make sure you’ve read and understand the full agreements and policies before you agree to participate in our Solutions Partner Program or use our software and services.

Questions? Please let us know!

mgeraghty
by: HubSpot Employee
2277 Views
0 Comments

Terms of Service Updates

 

HubSpot recently updated the July 2019 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

We think you’ll be happy to see these updates as these have been informed by what customers have been requesting.  We also offer more transparency on how we manage your data. Here's a summary of the changes we've made to our TOS:

 

  • We’ve added ‘Affiliates’ to the ‘Definitions’ section and will now support allowing Affiliates of a customer to access the Subscription Service.  Please keep in mind that as the Customer, you are responsible for all use by your Affiliates.
  • We’ve updated the definition of ‘Confidential Information’ to be more specific about the types of information which will be considered confidential.  In the ‘Confidentiality’ section, we’ve added more detail regarding the limited circumstances when Confidential Information may need to be disclosed pursuant to a legal request.
  • The definition of ‘Sensitive Information’ has been updated to allow for some types of personal financial account information.  Please note that personal financial account numbers, wire instructions, and any information subject to Payment Card Industry Data Security Standards is still considered Sensitive Information.
  • The ‘Availability’ section has been replaced with the ‘Service Uptime Commitment’ section.  This new section defines a ‘Priority 1’ outage, defines what type of unavailability will be excluded from consideration in the uptime commitment, commits to a specific uptime percentage, and provides a remedy in the event that we fail to meet our uptime commitment over the course of two consecutive calendar months.  For more detail, please check out this new section.
  • The ‘Prohibited and Unauthorized Use’ section has been modified to remove the restriction on Customers sending communications that are subject to the Gramm-Leach-Bliley Act (the ‘GLBA’) provided that Customers do not use the Subscription Service in a way that would violate GLBA.
  • The ‘Early Termination; No Refunds’ section has been replaced with the ‘Early Cancellation’ section, which allows Customers to cancel their Subscription at their convenience provided that Customers must pay all Subscription Fees due for the Subscription term and that HubSpot will not offer any refunds of prepaid but unused fees.
  • In the ‘Retrieval of Customer Data’ section, we no longer require that you have paid all Subscription Fees due to us if you need to retrieve your Customer Data after the termination or expiration of your subscription.
  • The ‘Limitation of Liability’ section has been updated so that the total liability of each party will be limited to the sum of the total fees paid or payable by Customer in the previous 12 months.  Please note there are some Customer exceptions outlined in this clause.
  • We’ve updated the ‘Assignment’ section so that customers no longer need to obtain HubSpot’s consent to assign the Agreement to a successor if engaged in a merger, reorganization, sale of assets, change of control or operation of law so long as the successor is not a competitor of HubSpot.
  • For U.S. local, state, and federal government Customers (the ‘Government Customers’), a new set of terms known as the ‘U.S. Government Customer Additional Terms’ shall apply to your Agreement. These terms address certain legal restrictions applicable to U.S. Government Customers only and can be found here.
  • Because we’re launching a new version of our Data Processing Agreement (a.k.a. the DPA), we’ve updated the provision in our TOS that incorporates our DPA into our TOS. You’ll find more details about the changes we made to our DPA below.
  • We’ve streamlined our section on ‘Customer Data’ and updated it to reflect current data practices. You’ll see we’ve clarified what we mean by ‘Enrichment Data’ and removed the concept of ‘Crowdsourced Data’.
  • We’ve made some necessary changes to the ‘Jurisdiction Specific Terms’ section of our TOS to deal with the effects of Brexit, specifically with regards to the transfer of data to the United Kingdom.

 

Additional Coverage Terms

 

For customers who have a Total Committed Subscription Value of more than $35,000 USD, we’ve created a new set of terms known as the HubSpot Additional Coverage Terms. These terms will be automatically incorporated into the terms of your Agreement if that threshold is reached.  Included in those terms are:

 

  1. A revised ‘Limitation of Liability’ which includes a carveout that uncaps HubSpot’s liability for our IP indemnification obligations under the ‘HubSpot Indemnification’ section.  
  2. The ‘Performance Warranty’ section commits that HubSpot will provide the Subscription Service and Consulting service in a manner consistent with generally consistent industry standards and that we will not knowingly introduce malicious code or viruses into the Subscription Service.
  3. We included a ‘HubSpot Indemnification’ section which outlines our indemnity obligations in the event that a Customer is subject to an Action by a third party alleging that the Subscription Service: infringes a valid patent in a member state of the Patent Cooperation Treaty, registered trademark, or copyright (‘IP Indemnification’), or 2) our breach of our confidentiality obligations or our use of Customer Data in violation of the Agreement (‘Confidentiality and Data Misuse Indemnification’).  Please be sure to read through this section carefully as there are important additional details contained therein.
  4. We’ve updated the Germany, Colombia, and France Limitation of Liability sections of the ‘Jurisdiction Specific Terms’ to ensure customers in those jurisdiction benefit from the provisions of the Additional Coverage Terms while maintaining compliance with local laws.

 

Finally, as we usually do when we update the TOS, we 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.

 

Data Processing Agreement Updates

 

HubSpot is pleased to announce a new version of our Data Processing Agreement (a.k.a the DPA) which will replace the November 2018 version. Our new DPA will apply across our customer base where HubSpot processes personal data or personally identifiable information on behalf of a customer in connection with their use of HubSpot’s subscription services, and where such personal data is protected by applicable data protection or privacy laws. Archived versions of the DPA are available here for your reference.

 

You’ll see that we’ve broadened our definition of ‘Data Protection Laws’ to encompass all applicable worldwide data protection and privacy legislation, including the General Data Protection Regulation, the e-Privacy Directive 2002, the California Consumer Privacy Act of 2018 and data protection and privacy laws in Australia and Singapore.

 

In preparation for Brexit we have included the UK in our definitions of ‘Europe’ and ‘European Data Protection Law’. This is intended to minimise disruption to our UK customers and ensure that their personal data is treated in accordance with applicable national data protection legislation, as currently exists and as may be implemented post Brexit.

 

Our DPA was originally created specifically for customers subject to European data protection laws and we will continue to maintain our commitments to these customers in line with European data protection laws. Our section entitled ‘Additional Obligations for European Data’ will look very familiar and pulls together all our additional commitments to you.

 

We’ve clarified that the the Standard Contractual Clauses (‘SCCs’) in Annex 3 of the DPA act as the primary transfer mechanism for data transfers to HubSpot Inc. Privacy Shield is also available as a backup in the event that the SCCs are invalidated in the future.

 

We've added a new section to the HubSpot DPA called 'Additional Obligations for California Personal Information' which calls out our CCPA obligations. These terms will only apply to customers who process Personal Information subject to the CCPA.

 

We recognize that our customers’ affiliates may also use our subscription services and may be a data controller under European data protection laws. We have extended our DPA to cover Customer Affiliates where personal data is transferred in their use of the subscription services.

 

We’d also like to flag that we’ve reorganized our DPA as a result of the above mentioned changes and made it easier to navigate. Our ‘Details of Processing’ section has been moved to Annex 1. Our ‘Security Measures’ section has been consolidated into Annex 2 of the DPA. 

 

Finally, we’ve also made some drafting clean-ups, clarifications, and formatting improvements to our DPA. As a result our terms should more clearly describe the intent of the terms and be easier to review.



Acceptable Use Policy Updates

 

We’ve updated our Acceptable Use Policy (a.k.a. the ‘AUP’) such that use of the HubSpot services to engage, promote, facilitate, or instruct others to engage in illegal activity is now restricted. 

 

We’ve also restricted use of our services in order to promote, encourage or facilitate hate speech, violence or discrimination based on race, color, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, and/or citizenship.

srevina
by: HubSpot Employee
1357 Views
0 Comments

HubSpot recently updated the May 2019 version of the HubSpot Agency Partner Program Agreement (“APPA”) and the May 23, 2018 version of the HubSpot Sales Solutions Partner Program Agreement (“SSPPA”), together the PPAs, and we wanted to give you some information on what's changed. 

 

For both APPA and SSPPA:

 

  • We made changes to enable the Cross Sell program pilot in Australia and New Zealand. Partners eligible and chosen to participate will be contacted directly with further details.

  • We defined and highlighted the importance and responsibility of setting User Permissions in customer portals. We want all of our partners to keep in mind that the end user of a portal can grant account access to multiple partners, and that the information in the end user’s portal can potentially be viewed by all the users of the portal, including other partners. Partners should remind their customers to set the appropriate User Permissions to control access and visibility of data and activity within their accounts.

  • Effective September 10th, partners can submit their financial and tax information required for revenue share payments within their HubSpot portals by completing and/or uploading the forms through the Documents Centre located under Account and Billing section.

  • We clarified our criteria for acceptance of prospects leads. Although we’ve always had reasonable discretion in accepting prospects from our partners, we added language to specify that leads submitted without valid contact information and leads that we believe may have been obtained through questionable means will not be accepted.

For the APPA alone:

  • We updated the eligibility requirements to be considered an active HubSpot Agency Partner and receive the benefits of the program. Effective September 10th, you must maintain a subscription to Professional or Enterprise level of any of our three main Hubs services (Marketing Hub, Sales Hub, or Service Hub) or any edition of the HubSpot Content Management System (CMS). Additionally, you must have purchased and undergone Agency Onboarding. We realize that the transition to these requirements may take a bit of time and process and we will be in touch with all of our partners who may possibly be at risk of becoming inactive to let them know how they can transition smoothly to an active status.

  • We added language to clarify that, in situations where we have tried to pay you and we’ve been unsuccessful because the account information is incorrect and we’ve tried to reach to your primary contact and didn’t hear back for over 6 months since we first tried to pay you, your revenue share amount may be considered surrendered.

  • We added a section to the Exhibit A to the APPA (GDPR Data Processing Addendum for partners) on cooperation and data subjects’ rights in line with GDPR requirements. This section essentially says that you and HubSpot will cooperate if there is an enquiry or complaint received from a data subject, regulator, or other third party in connection with the processing of personal data.

Finally, as we usually do when we update our terms or the PPA’s, we’ve made a few drafting clean-ups, clarifications, and formatting improvements. These updates were made to help provide a clearer description of the intent of the terms or to make the terms easier to review.

 

And that’s it! Please remember that this is just an informal high-level summary of the most recent changes to these legal documents, and that you should always make sure you’ve read and understand the full agreements and policies before you use our software or services. The new PPA's are live as of September 10th, 2019 and are linked below:

HubSpot Agency Partner Program Agreement (“APPA”)

HubSpot Sales Solutions Partner Program Agreement (“SSPPA”)

 

Questions? Let us know!

 

mgeraghty
by: HubSpot Employee
1657 Views
0 Comments

HubSpot recently updated the May 2019 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

Effective July 16, customers can execute email marketing for free with the HubSpot CRM so we’ve made a couple of changes to our TOS to reflect this. We've made these changes in the definition of ‘Email Send Limit’ and in the ‘Fee Adjustments During a Billing Period’ section.

 

We’ve clarified that the HubSpot CMS will be considered a 'Limited Service Subscription' and you'll see these changes to the ‘Subscription Types’ section and the ‘Customer Support’ section of the TOS.

 

We’ve updated the France sub-section of our ‘Jurisdiction Specific Terms’ to include a clause dealing with penalties for late payment of invoices. This is a standard clause in contracts of this kind under French law.

  

Finally, as we usually do when we update the TOS, we’ve made a couple of drafting clean-ups, clarifications and formatting improvements.  These updates were made to help provide a clearer description of the intent of the terms or to make the terms easier to review.

 

And that’s it! Please remember that this is just an informal high-level summary of the most recent changes to these legal documents, and that you should always make sure you’ve read and understand the full agreements and policies before you use our software or services.

 

Questions? Let us know!

mgeraghty
by: HubSpot Employee
1357 Views
0 Comments

Terms of Service Updates

 

HubSpot recently updated the November 2018 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed. Archived versions of the TOS are available here for your reference.

 

Customers who have subscriptions to Sales Hub Professional, Sales Hub Enterprise, Service Hub Professional or Service Hub Enterprise products will not be decreased below the number of Paid Users purchased. Additionally, we will no longer automatically adjust your number of Paid Users to the number of Users actually assigned at renewal.  Please review the 'Subscription Fees,' 'Fee Adjustments at Renewal,' and 'Downgrades' sections for additional detail.

 

We’ve explained that if you don’t provide us with a VAT registration number prior to your transaction being processed, we won’t be able to issue refunds or credits for any VAT that was charged. You’ll find this change in our ‘Sales Tax’ section.

 

You’ll see references to our Product Privacy Policy in this latest version of our TOS. You can read more about the new Policy below.

 

You’ll see that in our ‘Prohibited and Unauthorized Use’ section, we’ve made some changes regarding your use of data from the Subscription Service in legal proceedings.

 

We’ve updated our ‘Customer Support’ section, to clarify that if you pay us a Subscription Fee for our Starter edition products, email and in-app support is included at no additional cost.

 

We’ve changed our ‘Jurisdiction Specific Terms’ section such that our customers in Liechtenstein will now be contracting with HubSpot Germany GmbH under German laws and our customers in France will be contracting with HubSpot France S.A.S. under French laws. 

 

For those customers contracting with HubSpot France S.A.S, you’ll also want to check out the updates in our new ‘France' section in the ‘Jurisdiction Specific Terms’ part of our TOS.

We’ve revised the ‘Termination for Cause’ and 'Limitations of Liability’ sections based on what types of rules apply to contracting in France. You’ll want to have a read through each of those sections for all the detail.  

 

Finally, as we usually do when we update the TOS, 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.

 

Product Disclosures Page

 

Some sections on our Product Disclosures page (which is incorporated into our TOS by reference) have been moved over to our new Product Privacy Policy. You can read more about the new Policy below.

 

Privacy Policy Updates and our new Product Privacy Policy

 

We’re pleased to introduce a new Product Privacy Policy, which is specifically for users of our products. This change was made primarily to clarify how we process different types of data as a controller and as a processor for our customers.

 

  • The Product Privacy Policy applies to the data HubSpot processes on behalf of our customers as a data processor.
  • The Privacy Policy will cover how we collect and use data as a controller (for example, the data we collect and use for our own marketing and sales efforts).

The Product Privacy Policy explains how various parts of the HubSpot platform interact with your data. The policy also adds more detail to some of the disclosures we surface in-app when you integrate other services. As part of verifying compliance with Google’s API Data Use Policy, we have included information about how the product uses, stores, or shares Google user data.

 

As for modifications to the Privacy Policy, no substantive changes have been made to the how we collect and process data as a controller. Rather, we’ve simply moved any product-related text over to the product-specific policy and helped clarify our data privacy and protection practices.

 

Agency Partner Program Agreement Updates

 

HubSpot recently updated the May 2018 version of the HubSpot Agency Partner Program Agreement in line with our efforts to streamline our payment processes. If you are one of our Agency Partners, these changes will apply to you.

 

Partners will receive one payment per quarter and that payment will be made from the subsidiary the partner is associated with and in the local currency of that subsidiary. Partners will only receive payments by wire transfer and no longer by checks. Revenue Share payments will be delayed until the aggregate revenue share payment exceeds US$100. We have also updated the deadline for partners to submit their paperwork in order for the partner to be included in the quarterly payment cycle.

 

Finally, Agency Partners will forfeit Revenue Share payments if we have attempted and failed to pay you your Revenue Share at least twice. This is a friendly reminder to keep your payment information up to date if you’re an Agency Partner.

 

And that’s it! Please remember that this is just an informal high-level summary of the most recent changes to these legal documents, and that you should always make sure you’ve read and understand the full agreements and policies before you use our software or services.

 

Questions? Let us know!

Eschroeder
1239 Views
0 Comments

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!

Eschroeder
1220 Views
0 Comments

HubSpot recently updated the July 2018 versions of the Customer Terms of Service (a.k.a. the TOS) and the HubSpot Product Disclosures page.

 

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.

 

You will now see references to Service Hub Starter, Sales Hub Enterprise and Service Hub Enterprise editions.

 

We’ve added some language to the ‘Termination for Cause’ section which gives HubSpot the right to immediately terminate the agreement in the event a customer begins proceedings related to the cessation of their business.

 

In the ‘Effect of Termination or Expiration’ section, we've added language which states that if your paid subscription is terminated or expires we will continue to make our free services available to you provided your agreement was not terminated for cause.  We’ve also included instructions for how to request the deletion of your HubSpot account after termination or expiration of your subscription.

 

In the ‘Customer Support’ section you’ll notice that phone support will only be available for customers who have purchased Enterprise or Professional editions of our software.  Additionally, issues resulting from your modification of code or use of API’s may not be eligible for support. Further, the only integrations that customer support will be able to assist with, are integrations that are listed in-app as “Supported by HubSpot.”

 

If you would like to give your notice of non-renewal and have Marketing Hub Basic, Professional or Enterprise subscriptions, you’ll want to take a look at the ‘Notice of Non-Renewal” section.  Instead of sending an email, you are now are able to provide your notice in-app by following the included instructions.

 

Customers located in Colombia will want to check out the new “Colombia” section under ‘Jurisdiction Specific Terms’ for terms that apply to their subscription.  For customers who are located in Colombia and paying in Colombian Pesos, you will be contracting with HubSpot Latin America, S.A.S. Customers who are located in Colombia but are paying in USD will continue to contract with HubSpot, Inc.

 

Finally, we’ve added a few more disclosures to the HubSpot Product Disclosures page.  If you would like more information on our revenue reporting tools, e-signature, HubSpot Video or the Call Transcription feature, please be sure to read through the updates.

 

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

 

Questions? Let us know!

Eschroeder
1319 Views
0 Comments

HubSpot recently updated the April 2018 versions of the Customer Terms of Service (a.k.a. the TOS) and the Data Processing Agreement (a.k.a. the DPA).

 

As we usually do when we update the TOS and DPA, 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:

 

You’ll notice a number of changes to reflect the addition of email to the Marketing Hub Starter Product.  The Email Send Limit for Marketing Hub Starter will be five (5) times the Maximum Contacts number per calendar month.  Once you have hit this limit you won’t be able to send any more emails in that month, including any pre scheduled emails, so you will need to purchase additional Contacts in order to increase your Email Send Limit.  Additionally, for customers of Marketing Hub Starter, we determine your Contact tier for the next Billing Period by reviewing the Contacts in your account on the last day of your Billing Period.

 

The definition of ‘Enrichment Data’ has been updated to clarify that Enrichment Data does not include personally identifiable information, which should be a welcome addition to customers subject to the GDPR.  Additionally, we’ve noted that we may obtain Enrichment Data from both third parties and internal data processes (more on this below).

 

We’ve added some language to our ‘Customer Support’ section which gives HubSpot the right to limit or deny access to support for those customers who are misusing the service or abusing HubSpot representatives.  

 

In our ‘Aggregate Data’ section you’ll see that we’ve included an explanation of our use of Customer Data as part of internal data processes to develop and improve Enrichment Data. HubSpot takes the confidentiality of Customer Data very seriously so, we also commit to never disclose, include, or provide Customer Data to other customers or third parties.

 

We recognize that some individuals are interested in knowing when we update our TOS, but may not be using the subscription frequently enough to see the in-app notice that has traditionally accompanied an update.  We are happy to announce that customers can now sign up to receive an email notice when an update to the TOS has occurred by completing the form found here.   

 

DPA Updates: 

 

We’ve re-organized our DPA to help you better navigate the various legal requirements and obligations spelled out in the document. You’ll notice that the ‘Sub Processors’ and ‘Data Transfers’ sections have been removed as subsections of the ‘Obligations of Processor’ section and now stand alone.

 

In the ‘Audits’ section, we’ve provided more information on our obligations to provide data related to our processing of personal data and our compliance with the obligations of data processors under data protection law.  Additionally, we’ve provided clarity on the process for requesting and performing inspections of our business operations by you or a qualified third party auditor that we have approved.

 

We’ve moved our list of sub-processors to the HubSpot Sub-Processors Page located here. We’ve also added a way to sign-up to notifications when we add a sub-processor to this list - fill out the form on this page and we’ll send you an email notification that we’ve made an update to the page. For more on how to object to a new sub-processor see section 6(b) of the DPA.  

 

A change that we think customers will like is the addition of the ‘Data Protection Impact Assessments and Consultation with Supervisory Authorities’ subsection in the ‘Obligations of Processor’ section.  This section outlines our obligations to provide reasonable assistance to Controllers attempting to comply with requirements of article 35 or 36 of the GDPR or equivalent provisions of data protection law.  

 

We’ve also updated our ‘Data Subject Requests’ section to be clear that we will provide reasonable assistance as required by data protection law to Controllers in the event they do not have the ability to address a data subject request without HubSpot’s assistance. We’ve built functionality into the product that helps you comply with data subject requests, but in the off-chance you need our help in processing a request, we’ve clarified that the customer shall reimburse HubSpot for commercially reasonable costs associated with that assistance.

 

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

nknoop
by: HubSpot Employee
1297 Views
0 Comments

At HubSpot, we believe in putting the customer experience above all else. With that in mind, we’ve made some updates to our Privacy Policy to make it easier for you to understand what information we collect, why we collect it, and how we use it.

 

We’re making these updates in response to new a data protection regulation that will come into effect in the European Union on May 25th. We’re using this opportunity to make these updates globally because we think they’re fundamentally better for our community.

Here’s a quick summary of these important updates:

 

  • We’ve updated the Privacy Policy to comply with the new requirements under the EU General Data Protection Regulation (GDPR) coming into effect on May 25, 2018.
  • We’ve added a new Cookie Policy to make it easier to review alongside our use of cookies and other technologies.
  • We’ve improved the way we describe our practices and explain how you can make choices about your information and the measures we’ve put in place to keep your information secure.

The updated Privacy Policy and Cookie Policy goes into effect on May 25, 2018. We encourage you to review the full Privacy Policy here. If you have any questions about these changes, please reach out to us using the contact information provided in the privacy policy.

Eschroeder
3135 Views
0 Comments

HubSpot recently updated the February 2018 version of the Customer Terms of Service (a.k.a. the TOS) and, in anticipation of the release of the General Data Protection Regulation (“GDPR”), we have updated our September 2016 version of the Data Processing Agreement (a.k.a. the DPA).

 

As we usually do when we update the TOS and DPA, 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:

 

A change that we think you will like is in the ‘Notice of Non-Renewal’ section.  In this section, Customers that want to prevent renewal of a Full-Service Subscription (like, Marketing Basic, Pro or Enterprise, for example) can give their notice of non-renewal any time during the Subscription Term, as long as it’s provided at least 10 days before the end of the Subscription Term.  In the prior version of the TOS, you had up until 45 days before the end of the Subscription Term so we hope this additional flexibility is a welcome change.

 

Although not available yet, you will be happy to see that we’ve included HubSpot’s new product offering, ‘Service Hub’ in this version of our ToS.  If you are interested in receiving email updates on the release of Service Hub or generally want to learn more about the product you can visit here.  

 

You may notice that our ToS has gotten a great deal shorter! This is because our Product Disclosures section of the ToS now lives on it’s own page which you can find here. Please note that when we do update this page you may not receive a notice that it has been updated so we encourage you to review it from time-to-time.  For this revision, we’ve made a few updates that we think you’ll be interested in:

 

  • For those who use The Sales Extension for Google Chrome or Outlook, we’ve included a link to a knowledge base article in the event you would like to uninstall the extension and remove any remaining files from your device.  
  • In the Crowdsourced Data section, you’ll see that we’ve clarified that only company level data, and not personally identifiable information, will be collected using the Crowdsourced Data fields.
  • We’ve updated the Inbox Integration section which now applies to the Subscription Service generally and not just the CRM.  Additionally, if you use the ‘shared inbox’ feature, you will see that your subscription users may have access to or visibility into the inbox.

Finally, you will see that we have made updates to the EU/EEA and Switzerland Data Processing section within the Jurisdiction Specific Terms part of the TOS.  In addition to our continued compliance with the EU-U.S. Privacy Shield Framework, we have now included reference to our compliance with the Swiss-U.S. Privacy Shield Framework.  One of the more significant changes to this section is that, for customers who want the DPA applied to their agreement, instead of requiring that it be incorporated into via language included on your Order form, now the DPA will be incorporated automatically for eligible customers.  We think this will be a welcome change for our customers who are subject to the GDPR.

 

If you’d like to see a copy of a prior TOS version, our archives of these are available here for your reference.

 

Data Processing Agreement Update:

 

We are happy to announce that we have updated our Data Processing Agreement in anticipation of the GDPR going live on May 25, 2018. Because the scope of GDPR impacts many more HubSpot customers than previous data protection legislation, we have worked to streamline how the DPA will be incorporated into your agreement as explained above. If you are an existing customer that previously had the DPA incorporated into your agreement, don’t worry, you won’t need  to sign a new order as the updated version of the DPA will apply.

 

Since we have significantly restructured the DPA and because it applies slightly differently depending on the customer, rather than go through all of the changes in detail here, we would encourage you to carefully review it.  If you are are interested in learning more about how HubSpot as a company is preparing for GDPR, I would recommend visiting our public GDPR site available here.  We hope you are as excited about these changes as we are.

 

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

Eschroeder
1788 Views
0 Comments

HubSpot recently updated the November 2017 version of the Customer Terms of Service (a.k.a. the TOS) and the September 2016 version of the Acceptable Use Policy (a.k.a. the AUP) and we wanted to give you some info on what's changed.  

 

As we usually do when we update the TOS and AUP, 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 thought it would be helpful to provide one place where you can view our products, services and the limits that apply.  So, we’re happy to introduce the HubSpot Product and Services Catalog which you can find here.  With this, you’ll notice that our TOS now references the Product and Services Catalog instead of the Pricing Page or the former Consulting Services webpage.  We hope you’re as excited about this new resource as we are!

 

In our ‘Free Subscriptions’ section of the ‘Subscription Type Terms’ part of the TOS,   you’ll no longer see a reference to Marketing Free or Sales Free as these products are now all part of CRM Free.  As part of these updates to the packaging of CRM Free, we’ve also made some changes to the ‘Product Disclosures’ part of the TOS. Some of the changes in this part are also made to update a few sections to reflect the current product names names or to reorganize where the sections appear in our TOS. Check out this part for all the details.

 

If you’re looking for the definition of "Site Visits" or "Visit" in our TOS, you’ll find we removed this from our TOS, but you can find information on this in our Product and Services Catalog now as 'sessions.'

 

For our customers contracting with HubSpot Germany GmbH or HubSpot Ireland Limited, you’ll want to check out the updates in the ‘Jurisdiction Specific Terms’ part of our TOS.  We think you’ll like to see that we’ve added a Compliance with Laws section to both stating that we will comply with all E.U. regulations where applicable.  

 

If you’d like to see a copy of a prior TOS version, our archives of these are available here for your reference.

 

AUP Updates:

 

We’ve made just a few, but important, additions to our AUP this time around.  In our ‘No Disruption’ section of the AUP we now specifically call out that the HubSpot service can’t be used in a way that causes or may cause our IP addresses or domains, or our Customers’ IP domains, to be blacklisted.

 

Like in our TOS, you’ll find our Product and Services Catalog mentioned here too (this time instead of the former service limits page.)

 

We’ve also updated our ‘Proper Usage of the HubSpot Service’ to note that the HubSpot service can’t be used in a manner that is not in good faith, such as uploading contacts in excess of your contact tier, emailing those contacts, and then purging them shortly thereafter.

 

Finally, we’ve noted in the the ‘General Terms’ section of the AUP that we may suspend your access to the HubSpot service if you breach our AUP or don’t respond to us in a reasonable period after we’ve reached out to you about a potential breach of the AUP.

 

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

Questions? Let us know!

 

nknoop
by: HubSpot Employee
1685 Views
0 Comments

HubSpot recently updated the September 2016 version of the HubSpot Privacy Policy.

For those of you who appreciate data privacy as much as we do, you’ll be happy to see that some of these updates relate to our annual recertification process under the EU–U.S. Privacy Shield. We’ve also added a section detailing our certification to the current Swiss-U.S. Privacy Shield (which means, we also removed the parts on the old U.S.-Swiss Safe Harbor).

 

You can view our certification for both of these data privacy frameworks here. (For those of you who check this out, please note that the dates listed on this page will be updated when the FTC actually finishes processing our certification requests.)

 

Apart from these Privacy Shield updates, we also added language to better explain how we use information that our customers collect through use of their HubSpot subscription. We now state that we use this information to provide the subscription service, respond to support requests and fulfill our obligations under our Customer Terms of Service. You can find these changes in in Section 4 if you’d like to see the detail.

 

Well, that’s it this time around. Please remember that this is just an informal, high-level summary of the most recent changes to the Privacy Policy, and that you should always make sure you’ve read and understood the complete Privacy Policy before you use our websites, software or services.

 

Questions? Let us know.

Eschroeder
1942 Views
0 Comments

HubSpot recently updated the July 2017 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

We’ve made some changes throughout our document to include our updated products and their names, so you’ll now find Sales Starter, Marketing Professional and Sales Professional in our TOS.   

 

For products with included Users, like Sales Professional, we’ve noted in our ‘Fee Adjustments at Renewal’ section that you’ll continue to have those Users available even if they’re not assigned.  

 

In our ‘Suspension for Prohibited Acts’ section, we call out that we can suspend access without notice in the instances described in this section - for example, if a customer’s use of the service is violating the law.  Yikes, we don’t want that!  Also in this section, we’ve added how we can handle data and materials that violate our TOS or AUP.  You’ll want to check out the ‘Suspension for Prohibited Acts’ for all the detail.  

 

We’ve updated our ‘Customer Support’ section, so that phone, email and in-app support will be available to all customers who pay a subscription fee for all of our products (not just the paid products they use).   Of course, folks who only use our free products can still access the HubSpot Community for support.   Finally, we’ve also simplified how we reflect the phone support hours – but, don’t worry, we haven’t decreased when these are available to you.

 

For our customers contracting with HubSpot Germany GmbH, you’ll want to check out the updates in our ‘Germany' section in the ‘Jurisdiction Specific Terms’ part of our TOS.  We’ve revised the ‘Defects', ‘Termination for Cause’, and 'Disclaimers; Limitations of Liability’ based on what types of rules apply to contracting in Germany.  You’ll want to give a read through each of those sections for all the detail.  

 

Finally, as we usually do when we update the TOS, 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.

 

Please remember that this is just an informal high-level summary of the most recent changes to the TOS, and that you should always make sure you’ve read and understand the complete TOS before you use our software or services.

 

Questions? Let us know!

dkowalski
by: HubSpot Employee
2751 Views
0 Comments

HubSpot recently updated the November 2016 version of the Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

In the ‘Definitions’ section, we’ve updated the definition of ‘Company Data’ to ‘Crowdsourced Data’ and included some additional clarity on what we mean when we use this term, in an effort to make it easier to understand.  We’ve also expanded the definition of ‘Confidential Information’ so that it now calls out Customer Data as being confidential, among other additions.  Finally, we’ve added some clarifications to the definition of ‘Sensitive Information’ which also includes passwords now.  You’ll want to check out each of these definitions for all the detail.

 

In the ‘Access’ section we now note that we may provide you with access to use our Free Services at any time by activating them in your HubSpot portal.

 

In the ‘Consulting Services’ section we’ve included that if there isn’t an Expiration Period or Delivery Period indicated for one of our Consulting Services, it will default to 180 days from purchase.

 

One of the more significant changes this time around is in our ‘Fee Adjustments in Next Billing Period’ section, and we think our customers will like this update.  In this section, we now provide increased transparency into when we review the Contact tier for the next Billing Period, and we cover that we allow folks to reasonably manage the number of Contacts.  This should be a welcome change because in the prior version of the TOS, we used the maximum number of Contacts from the prior Billing Period and didn’t have terms that would permit folks to manage their Contacts.  This section has a bunch more info about our current terms, so be sure to check this one out.

 

In the ‘Effect of Termination or Expiration’ section, we call out that if your paid subscription is terminated or expires, we may choose to continue to make our Free Services available to you, and that you will continue to be subject to this Agreement for as long as you have access to a HubSpot portal.

 

The ‘Subscription Types’ section includes some minor updates on which products may qualify as Limited Service Subscriptions and Free Subscriptions.

 

Another change we expect our customers will welcome is in the ‘Notice of Non-Renewal’ section.  In this section, customers that want to prevent renewal of a Full-Service Subscription (like, Marketing Basic, Pro or Enterprise, for example) can give their notice of non-renewal any time during the Subscription Term, as long as it’s provided at least 45 days before the end of the Subscription Term.  In the prior version of the TOS, this window to provide notice of non-renewal was much narrower, so this gives our customers increased flexibility.

 

With the opening of our Berlin office (yay!), we’ve made some changes to the ‘Contracting Entity and Applicable Law’ section.  With these changes, those customers located in the DACH Region (as we define in our TOS) contract with HubSpot Germany GmbH and, in that case, TOS is governed by the laws of Germany, as we specify in this section.  These customers contracting with HubSpot Germany GmbH will also have those provisions now included in the ‘Jurisdiction Specific Terms’ for Germany apply.

 

Finally, as we usually do when we update the TOS, we 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.

 

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

 

Questions? Let us know!

dkowalski
by: HubSpot Employee
2524 Views
0 Comments

We’ve updated the February 2017 version of the Sales Referral Partner Program Agreement, and we wanted to give you some info on what’s changed.

 

In the ‘Partner Acceptance’ section, we’ve added some information about where to find the enrollment criteria and the timeline for completing the enrollment.  We have also added language about what happens if you want to participate in the Sales Solutions Partner Program or Agency Partner Program with HubSpot. You’ll want to give that section a read for all the details.  

 

We have updated the “Revenue Share and Payment’ section with language about our minimum payment threshold.

 

We have also included a couple of revisions to our ‘Term and Termination’ section about what happens if you switch between our different sales partner programs. In particular, what happens if you want to come back after you have left the Referral Partner Program and what happens to your revenue share if you switch between the Referral Partner Program, Sales Solutions Partner Program or the Agency Partner Program. You will want to give this section a read for more details on this.  

 

Finally, as we usually do when we update our terms, we made a few minor drafting clean-ups and clarifications.

 

That’s the story for this revision.  Of course, please remember this is just an informal and high-level summary of the most recent revisions to our Sales Referral Partner Program.  You should always make sure you’ve read and understood the complete Sales Referral Partner Program Agreement before you participate.

 

Questions? Let us know.