Our Privacy Policy

Lawfulness, fairness & transparency
We process personal data in accordance with law and with transparency and fairness to you. Our data processing activities are conducted: 1) subject to your consent; 2) in order to fulfill our obligations to you; 3) for the legitimate purposes of operating our business, advancing innovation and providing a seamless customer experience; or 4) otherwise in accordance with the law.

Notice & choice of data use
We are transparent and provide clear notice and choice to you about the types of personal data collected and the purposes for which it is collected and processed. We will not use personal data for purposes that are incompatible with these principles, our Policy or specific notices associated with our services.

Data access
We provide you with reasonable access along with the ability to review, correct, amend or delete the personal data you have shared with us.

Data integrity & purpose limitation
We only use personal data for the purposes described at the time of collection, or for additional compatible purposes in accordance with the law. We take reasonable steps to ensure that personal data is accurate, complete and current and we only collect personal data which is relevant and limited to what is necessary for the purposes, for which it is collected. We will keep personal data for no longer than is necessary for the purposes for which it was collected (e.g. if you register to our websites we shall retain your personal data for as long as your account is active or as long as needed to provide services to you and then we will securely delete or destroy it).

Data security
To protect personal data against unauthorised use or disclosure, we implement strong information security controls in our own operations and offer products with high levels of data security protection.

Accountability for onward transfer
We acknowledge our potential liability for transfers of personal data among HRS entities or to third parties. Personal data will only be shared when third parties are obliged by contract to provide equivalent levels of protection.

What is personal data

According to art. 4, par. 1 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (”GDPR”) personal data (”personal data” or ”personal information”) is any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Scope of the Policy

This Policy applies to the processing of personal data by HRS of:

visitors and registered users of the HRS web services, including our social media pages that link to this Policy;
attendees of HRS Academy;
customers and prospective customers and their representatives;
subscribers to our newsletter;
suppliers and business partners and their representatives.

When interacting with our web services, you also have the ability to link or connect with non-HRS websites, social networks, applications, services or other features. Enabling these features will lead to other parties than HRS processing personal information about you. We do not have any control over these features of other parties. We encourage you to review the privacy policies of these parties before using these features.

Who is responsible for your personal data?

HRS is responsible for processing your personal data described in this Policy. You may select a country to view the registered address and contact details of the HRS entity or entities located in each country.

How do we use your personal data and what is the legal basis for it?

We collect and use personal data to manage your relationship with HRS and better serve you when you are using HRS websites and services by personalizing and improving your experience. Examples of how we use personal data include:

To communicate with you
If you contact us (e.g. by submitting contact forms on our websites, attending HRS events or other occasions, sending an email, answering your questions), we process personal information about you to communicate with you and to respond to your requests or other questions you may have. In such cases, we shall process your personal data on the ground of our legitimate interest.

Tailored content
We may use your personal data to make our experience more customer friendly. In such cases we shall process your personal data on the ground of our legitimate interest.

To deliver functionality on our web services
When you choose to register using our web services, we are obliged to process the personal data provided by you, so that we can create and manage a personal account for you. As creating your account, we shall send you your personal login information. This personal information enables us to administer your account, for example by changing your password for you. In such cases we shall process your personal data on a contractual legal ground as necessary to enter into or perform a contract with you.

Marketing and sale activities
We may use your personal data to notify you about our new products, service developments, events, updates, prices, terms, tailored-made offers and diffrent campaigns and promotions, newsletters. We shall process your personal data for that purpose on your explicit consent.

To manage your participation in HRS Academy
If you subsribe for HRS Academy, we shall process your personal data to manage all activities, related to the HRS Academy, including participation in the webinars, leaving comments etc. In such cases we shall process your personal data based on our legitimate interest / as necessary to enter into or perform a contract with you.

Manage the security of our web services and systems
Maintaining the integrity and security of websites, products, features and services and preventing and detecting security threats, fraud or other criminal or malicious activity that might compromise your personal information. When you interact with us, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your personal data. In such cases we shall process your personal data on the ground of our legitimate interest.

Compliance with law
Compliance with applicable laws, regulations, court orders, government and law enforcement requests, to operate our services and products properly and to protect ourselves, our users and our customers and to solve any customer disputes. We process your personal data on this ground in order to comply with applicable laws and regulations.

Personal data we collect using our web services
When you use our web services, your browser or device will transfer certain personal data to our web servers. This is done for technical reasons and required to make available for you the requested information. To facilitate your access to the web services, HRS collects personal data. We obtain personal information in a variety of ways: directly from users when they provide it, indirectly from their devices and online use and from other third parties. We describe these ways in more details below.

From users: We may collect personal data when users provide their personal information to us directly, such as when they contact us, or when they enter their personal information on our websites.

For example:

We may collect and use the personal information that such users provide to us via their account (e.g. user name, email address, country of residence, password and other registration information and similar information).
Information about the product with which the customer is associated.
Information about your company such as the name, size and location of your company and your role within the company.

From user devices: We collect personal data from our users’ devices, including.

Through our digital services, including our websites, our software or mobile applications, social media pages, and in e-mail or text messages.
Automatically when a user uses a browser or their device. This personal information may include without limitation: geographical location and IDs of your computer, mobile or other device; bandwidth used; system and connection performance; browser type and version; operating system; referral source; length of visit; page views; IP address or other unique identifier for your computer, mobile phone or other device; your mobile carrier.
Automatically when a user visits our websites, via cookies.

Cookies: We use cookies to personalise your experience and continuously improve our websites.

We use the following cookies:

Essential Cookies: These cookies are necessary for the basic functionality of our website.

Performance Cookies: These cookies help us analyze how visitors use our website, allowing us to improve performance and provide a better user experience.

Functionality Cookies: These cookies enhance the functionality and personalization of the website, such as remembering your preferences.
Targeting or Advertising Cookies: These cookies are used to deliver personalized advertisements based on your interests.

Third-Party Cookies: We may use third-party services that set their own cookies. We do not have control over these cookies. Please refer to the respective third-party privacy and cookies policies for more information.

Details on the use of cookies on our websites, as well as options for changing your cookie settings.

Changes to Our Cookie Policy

We may update our cookie policy from time to time. Any changes will be posted on this page.

How long do we store your personal data?

We store your personal data only as long as required for the intended purpose. If personal data is processed for multiple purposes, it will be deleted, or only stored in a form that cannot be directly traced back to you, as soon as no longer needed for the final specified purpose.

How do we store your personal data?

We utilise state-of-the-art technology to store your personal data. The following safeguards are used, for example, to protect your personal data from misuse or any form of unauthorised processing:

Access to personal data is restricted to a limited number of authorized persons for the stated purposes;
The personal data collected is only transmitted in encrypted form;
The IT systems used for processing personal data are technically isolated from other systems to prevent unauthorised access and hacking;
Access to these IT systems is constantly monitored to detect and prevent misuse in the early stages.

Whom do we share personal data with and how do we protect you?

HRS is a global company. If necessary, to process your request, your personal information will be forwarded to the company in your home country. Your data will in part also be processed in countries outside the European Union (“EU”) or the European Economic Area (“EEA”), which may have a lower data protection level than EU and EEA countries. In such cases, we will ensure that a sufficient level of protection is provided for your data, e.g. by concluding specific agreements with our contractual partners, or we will ask for your explicit consent to such processing.

We do not sell or otherwise disclose your personal data to any other commercial entities. We may share your personal data with third parties, if:

(i) You have consented to such disclosure
(ii) We are under a legal or professional obligation to do so (e.g. under anti-money laundering legislation);
(iii) It is necessary for the purpose of legal proceedings or in relation thereto, or to exercise or protect our rights;
(iv) We are required to disclose your personal data to new entities or third parties due to organizational changes within HRS, or in connection with the transfer of our business or any part thereof;
(v) We disclose anonymous statistical data about our web services users' browsing actions and related user; information to reliable third parties, including browser providers and analysts.

We may share your personal data with some reliable third parties in accordance with contracts entered into with them. They include for example:

(i) our professional advisors and auditors;
(ii) IT technology providers;
(iii) Third parties involved in hosting or organizing HRS events or seminars.

On rare occasions, we may disclose your personal data without user knowledge or consent where we are required or permitted by law to do so. When we are required or permitted by law to provide such personal information, we take reasonable steps to verify the lawful authority (where applicable) for the collection and we disclose only the personal information that is legally required or otherwise permitted to be disclosed.

Third party tools

We use Sendinblue Services as our marketing platform. Shall you subscribe to our newsletters you acknowledge and agree that the information you provided will be transferred to Sendinblue (French Simplified Joint Stock Company, RCS of Paris: 498 019 298) for processing in accordance with their terms of use in order to implement such mailing to you.

Your rights

As the party affected by the processing of your personal data, you may claim certain rights under GDPR and other relevant data protection regulations. Under GDPR, you are entitled to claim the following specific rights as a data subject:

Right of access
You have the right to request information on the personal data we hold about you from us at any time. This information includes, but is not limited to, the categories of personal data we process, the purposes for which it is processed, the source of the data if not collected directly from you, and, if applicable, the recipients with whom we have shared your data. You can obtain a copy of your personal data from us free of charge. If you require additional copies, we reserve the right to charge you for these copies.

Right to rectification
You have the right to request that we rectify inaccurate personal data relating to you. We will take appropriate steps to keep the personal data we store and process on an ongoing basis accurate, complete and current, based on the most up-to-date information available.

Right to withdraw your consent
You have the right to withdraw your consent to the processing of your personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal

Right to object
You have the right to object to the processing of your personal data at any time for reasons that arise from your particular situation, as long as personal data processing is based on your consent, on our legitimate interests or those of a third party. In this case, we will cease to process your personal data. This does not apply if we can show that there are compelling legitimate grounds for processing that outweight your interests, or if we need your data for the establishment, exercise or defence of legal claims.

Right to erasure
You have the right to request that we erase your personal data, as long as the legal requirements for this are satisfied. This may be the case under Art. 17 GDPR if:

(i) the personal data is no longer required for the purposes for which it was collected or otherwise processed;
(ii) you withdraw the consent on which personal data processing is based, and there is no other legal basis for processing;
(iii) you lodge an objection to the processing of your personal data and there are no legitimate reasons for processing, or you object to personal data processing for direct marketing purposes;
(iv) the personal data was processed unlawfully

and provided that processing is not required:

(i) to ensure compliance with a legal obligation that requires us to process your personal data;
(ii) especially with regard to statutory retention periods;
(iii) to establish, exercise or defend legal claims.

Right to restriction of processing
You have the right to request that we restrict processing of your personal data if:

(i) you dispute the accuracy of the personal data – in which case processing may be restricted during the time it takes to verify the accuracy of the personal data;
(ii) processing is unlawful, and you reject erasure of your personal data, requesting that its usage be restricted instead;
(iii) we no longer need your personal data, but you need it to establish, exercise or defend your rights;
(iv) you have lodged an objection to its processing, as long as it is not certain that our legitimate reasons outweigh yours.

Right to data portability
You have the right to request that we transfer your personal data – if technically possible – to another responsible party. However, you may only enforce this right if data processing is based on your consent or is necessary for the performance of a contract. Rather than receiving a copy of your personal data, you may also ask us to submit the personal data directly to another responsible party specified by you.

Your responsibilities

Your login ID(s) & password(s) are unique to you as a user of one or more HRS Web Services. Your Login ID and Password must be kept confidential at all times. Passwords should never be shared or exposed to any third parties. You will not let anyone else access your account, or do anything else that might jeopardize the security of your account. You are responsible for the confidentiality and use of all IDs, passwords and other security data, methods and devices furnished in connection with the Web Site.

HRS bears no responcibility for disclosure of your personal data or any other personal data breach if it is caused due to third party’s access to your account with your consent.

Time limits for compliance

We make every effort to comply with all requests within 30 days. However, this period may be extended for reasons relating to the specific right or complexity of your request. In certain situations, we may be unable to provide you with information about all your data, due to legal requirements. If we are unable to fulfil your request for information in such a case, we will notify you of the reasons.

Right to complain to supervisory authorities
HRS takes your concerns and rights very seriously. However, if you believe that we have not responded in an appropriate manner to your complaints or concerns, you have the right to lodge a complaint with your local data protection authority.

If you have any questions relating to our use of your personal data, we recommend that you contact our HRS entity located in your country.

You may also contact our Data Protection Officer.

Amendments to our Policy

We reserve the right to change this Policy from time to time and provide notice of any significant changes, and the proposed effect, on the HRS websites or other HRS resources. In addition, we include a revision date on each version of our Policy. By providing personal information to us, or continuing to use our products or services after that date, the user consents to the collection, use and disclosure of the personal information as set out in the Policy.

Hubspots Data Protection

This HubSpot Data Processing Agreement and its Annexes (“DPA”) reflects the parties’ agreement with respect to the Processing of Personal Data by us on behalf of you in connection with the HubSpot Subscription Services under the HubSpot Customer Terms of Service available at https://legal.hubspot.com/terms-of-service between you and us (also referred to in this DPA as the “Agreement”).

This DPA is supplemental to, and forms an integral part of, the Agreement and is effective upon its incorporation into the Agreement, which may be specified in the Agreement, an Order Form or an executed amendment to the Agreement. In case of any conflict or inconsistency with the terms of the Agreement, this DPA will take precedence over the terms of the Agreement to the extent of such conflict or inconsistency.

We update these terms from time to time. If you have an active HubSpot subscription, we will let you know when we do via email (if you have subscribed to receive email notifications via the link in our General Terms)or via in-app notification. You can find archived versions of the DPA in our archives at https://legal.hubspot.com/legal-stuff/archive.

The term of this DPA will follow the term of the Agreement. Terms not otherwise defined in this DPA will have the meaning as set forth in the Agreement.

Annex 1 - Details of Processing

Annex 2 - Security Measures

Annex 3 - Sub-Processors

Definitions

“California Personal Information” means Personal Data that is subject to the protection of the CCPA.

"CCPA" means California Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 or "CPRA").

"Consumer", "Business", "Sell", "Service Provider", and "Share" will have the meanings given to them in the CCPA.

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.

“Data Protection Laws” means all applicable worldwide legislation relating to data protection and privacy which applies to the respective party in the role of Processing Personal Data in question under the Agreement, including without limitation European Data Protection Laws, the CCPA and other applicable U.S. federal and state privacy laws, and the data protection and privacy laws of Australia, Singapore, and Japan, in each case as amended, repealed, consolidated or replaced from time to time; with regard to HubSpot, Data Protection Laws exclude laws governing Sensitive Information, as defined in the General Terms.

“Data Subject” means the individual to whom Personal Data relates.

"Europe" means the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom.

“European Data” means Personal Data that is subject to the protection of European Data Protection Laws.

"European Data Protection Laws" means data protection laws applicable in Europe, including: (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) ("GDPR"); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; and (iii) applicable national implementations of (i) and (ii); or (iii) GDPR as it forms parts of the United Kingdom domestic law by virtue of Section 3 of the European Union (Withdrawal) Act 2018 ("UK GDPR"); and (iv) Swiss Federal Data Protection Act on 19 June 1992 and its Ordinance ("Swiss DPA"); in each case, as may be amended, superseded or replaced.

“Instructions” means the written, documented instructions issued by a Controller to a Processor, and directing the same to perform a specific or general action with regard to Personal Data (including, but not limited to, depersonalizing, blocking, deletion, making available).

"Permitted Affiliates" means any of your Affiliates that (i) are permitted to use the Subscription Services pursuant to the Agreement, but have not signed their own separate agreement with us and are not a “Customer” as defined under the Agreement, (ii) qualify as a Controller of Personal Data Processed by us, and (iii) are subject to European Data Protection Laws.

“Personal Data” means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data; and (ii) is protected similarly as personal data, personal information, or personally identifiable information under applicable Data Protection Laws.

“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed by us and/or our Sub-Processors in connection with the provision of the Subscription Services. "Personal Data Breach" will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.

"Privacy Shield" means the EU-U.S. and Swiss-US Privacy Shield self-certification program operated by the U.S. Department of Commerce and approved by the European Commission pursuant to its Decision of July 12, 2016 and by the Swiss Federal Council on January 11, 2017 respectively; as may be amended, superseded or replaced.

"Privacy Shield Principles" means the Privacy Shield Principles (as supplemented by the Supplemental Principles) contained in Annex II to the European Commission Decision of July 12, 2016; as may be amended, superseded or replaced.

“Processing” means any operation or set of operations which is performed on Personal Data, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Data. The terms “Process”, “Processes” and “Processed” will be construed accordingly.

“Processor” means a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller.

“Standard Contractual Clauses” means the standard contractual clauses annexed to the European Commission’s Decision (EU) 2021/914 of 4 June 2021 currently found at https://eur-lex.europa.eu/eli/dec_impl/2021/914, as may be amended, superseded or replaced.

“Sub-Processor” means any Processor engaged by us or our Affiliates to assist in fulfilling our obligations with respect to the provision of the Subscription Services under the Agreement. Sub-Processors may include third parties or our Affiliates but will exclude any HubSpot employee or consultant.

“UK Addendum” means the International Data Transfer Addendum issued by the UK Information Commissioner under section 119A(1) of the Data Protection Act 2018 currently found at https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf, as may be amended, superseded, or replaced.

Customer Responsibilities
Compliance with Laws. Within the scope of the Agreement and in its use of the services, you will be responsible for complying with all requirements that apply to it under applicable Data Protection Laws with respect to its Processing of Personal Data and the Instructions it issues to us.

In particular but without prejudice to the generality of the foregoing, you acknowledge and agree that you will be solely responsible for: (i) the accuracy, quality, and legality of Customer Data and the means by which you acquired Personal Data; (ii) complying with all necessary transparency and lawfulness requirements under applicable Data Protection Laws for the collection and use of the Personal Data, including obtaining any necessary consents and authorizations (particularly for use by Customer for marketing purposes); (iii) ensuring you have the right to transfer, or provide access to, the Personal Data to us for Processing in accordance with the terms of the Agreement (including this DPA); (iv) ensuring that your Instructions to us regarding the Processing of Personal Data comply with applicable laws, including Data Protection Laws; and (v) complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent or managed through the Subscription Services, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices. You will inform us without undue delay if you are not able to comply with your responsibilities under this 'Compliance with Laws' section or applicable Data Protection Laws.

Controller Instructions. The parties agree that the Agreement (including this DPA), together with your use of the Subscription Service in accordance with the Agreement, constitute your complete Instructions to us in relation to the Processing of Personal Data, so long as you may provide additional instructions during the subscription term that are consistent with the Agreement, the nature and lawful use of the Subscription Service.
Security. You are responsible for independently determining whether the data security provided for in the Subscription Service adequately meets your obligations under applicable Data Protection Laws. 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 (including to securely backup or encrypt any such Personal Data).

HubSpot Obligations
Compliance with Instructions. We will only Process Personal Data for the purposes described in this DPA or as otherwise agreed within the scope of your lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to you or your industry that are not generally applicable to us.
Conflict of Laws. If we become aware that we cannot Process Personal Data in accordance with your Instructions due to a legal requirement under any applicable law, we will (i) promptly notify you of that legal requirement to the extent permitted by the applicable law; and (ii) where necessary, cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as you issue new Instructions with which we are able to comply. If this provision is invoked, we will not be liable to you under the Agreement for any failure to perform the applicable Subscription Services until such time as you issue new lawful Instructions with regard to the Processing.
Security. We will implement and maintain appropriate technical and organizational measures to protect Personal Data from Personal Data Breaches, as described under Annex 2 to this DPA ("Security Measures"). Notwithstanding any provision to the contrary, we may modify or update the Security Measures at our discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.
Confidentiality. We will ensure that any personnel whom we authorize to Process Personal Data on our behalf is subject to appropriate confidentiality obligations (whether a contractual or statutory duty) with respect to that Personal Data.
Personal Data Breaches. We will notify you without undue delay after we become aware of any Personal Data Breach and will provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by you. At your request, we will promptly provide you with such reasonable assistance as necessary to enable you to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if you are required to do so under Data Protection Laws.
Deletion or Return of Personal Data. We will delete or return all Customer Data, including Personal Data (including copies thereof) Processed pursuant to this DPA, on termination or expiration of your Subscription Service in accordance with the procedures set out in our Product Specific Terms. This term will apply except where we are required by applicable law to retain some or all of the Customer Data, or where we have archived Customer Data on back-up systems, which data we will securely isolate and protect from any further Processing and delete in accordance with our deletion practices. You may request the deletion of your HubSpot account after expiration or termination of your subscription by sending a request using our privacy request form at https://preferences.hubspot.com/privacy.

We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term by following the instructions at the following knowledge base articles:

Export your Content Data: https://knowledge.hubspot.com/account/export-your-content-and-data
Export your Contacts, Companies, Deals, or Tickets: https://knowledge.hubspot.com/crm-setup/export-contacts-companies-deals-or-tickets
Export your Ads Campaign Data: https://knowledge.hubspot.com/ads/export-your-ads-campaign-data
Export your Overall Email Performance Data: https://knowledge.hubspot.com/email/how-do-i-export-my-overall-email-performance-data

If you need help retrieving your Customer Data during the Subscription Term, we will provide reasonable assistance to you, at your cost, and in accordance with the ‘Confidentiality’ section of the General Terms.

Data Subject Requests

The Subscription Service provides you with a number of controls that you can use to retrieve, correct, delete or restrict Personal Data, which you can use to assist it in connection with its obligations under Data Protection Laws, including your obligations relating to responding to requests from Data Subjects to exercise their rights under applicable Data Protection Laws ("Data Subject Requests").

To the extent that you are unable to independently address a Data Subject Request through the Subscription Service, then upon your written request we will provide reasonable assistance to you to respond to any Data Subject Requests or requests from data protection authorities relating to the Processing of Personal Data under the Agreement. You will reimburse us for the commercially reasonable costs arising from this assistance.

If a Data Subject Request or other communication regarding the Processing of Personal Data under the Agreement is made directly to us, we will promptly inform you and will advise the Data Subject to submit their request to you. You will be solely responsible for responding substantively to any such Data Subject Requests or communications involving Personal Data.

Sub-Processors

You agree we may engage Sub-Processors to Process Personal Data on your behalf, and we do so in three ways. First, we may engage Sub-Processors to assist us with hosting and infrastructure. Second, we may engage with Sub-Processors to support product features and integrations. Third, we may engage with HubSpot Affiliates as Sub-Processors for service and support. Some Sub-Processors will apply to you as default, and some Sub-Processors will apply only if you opt-in.

We have currently appointed, as Sub-Processors, the third parties and HubSpot Affiliates listed in Annex 3 to this DPA. You may subscribe to receive notifications by email if we add or replace any Sub-Processors by completing the form available at https://legal.hubspot.com/subscribe-subprocessor-updates. If you opt-in to receive such email, we will notify you at least 30 days prior to any such change.

We will give you the opportunity to object to the engagement of new Sub-Processors on reasonable grounds relating to the protection of Personal Data within 30 days of notifying you. If you do notify us of such an objection, the parties will discuss your concerns in good faith with a view to achieving a commercially reasonable resolution. If no such resolution can be reached, we will, at our sole discretion, either not appoint the new Sub-Processor, or permit you to suspend or terminate the affected Subscription Service in accordance with the termination provisions of the Agreement without liability to either party (but without prejudice to any fees incurred by you prior to suspension or termination). The parties agree that by complying with this sub-section, HubSpot fulfills its obligations under Sections 9 of the Standard Contractual Clauses.

Where we engage Sub-Processors, we will impose data protection terms on the Sub-Processors that provide at least the same level of protection for Personal Data as those in this DPA (including, where appropriate, the Standard Contractual Clauses), to the extent applicable to the nature of the services provided by such Sub-Processors. We will remain responsible for each Sub-Processor’s compliance with the obligations of this DPA and for any acts or omissions of such Sub-Processor that cause us to breach any of its obligations under this DPA.

Data Transfers

You acknowledge and agree that we may access and Process Personal Data on a global basis as necessary to provide the Subscription Service in accordance with the Agreement, and in particular that Personal Data may be transferred to and Processed by HubSpot, Inc. in the United States and to other jurisdictions where HubSpot Affiliates and Sub-Processors have operations. Wherever Personal Data is transferred outside its country of origin, each party will ensure such transfers are made in compliance with the requirements of Data Protection Laws.

Demonstration of Compliance

We will make all information reasonably necessary to demonstrate compliance with this DPA available to you and allow for and contribute to audits, including inspections conducted by you or your auditor in order to assess compliance with this DPA, where required by applicable law. You acknowledge and agree that you will exercise your audit rights under this DPA and Clause 8.9 of the Standard Contractual Clauses by instructing us to comply with the audit measures described in this 'Demonstration of Compliance' section. You acknowledge that the Subscription Service is hosted by our hosting Sub-Processors who maintain independently validated security programs (including SOC 2 and ISO 27001) and that our systems are audited annually as part of SOC 2 compliance and regularly tested by independent third party penetration testing firms. Upon request, we will supply (on a confidential basis) our SOC 2 report and summary copies of our penetration testing report(s) to you so that you can verify our compliance with this DPA. You may download copies of these documents from HubSpot’s Security website at trust.hubspot.com. Further, at your written request, we will provide written responses (on a confidential basis) to all reasonable requests for information made by you necessary to confirm our compliance with this DPA, provided that you will not exercise this right more than once per calendar year unless you have reasonable grounds to suspect non-compliance with the DPA.

Additional Provisions for European Data
Scope. This 'Additional Provisions for European Data' section will apply only with respect to European Data.
Roles of the Parties. When Processing European Data in accordance with your Instructions, the parties acknowledge and agree that you are the Controller of European Data and we are the Processor.
Instructions. If we believe that your Instruction infringes European Data Protection Laws (where applicable), we will inform you without delay.
Sub-Processor Agreements. For the purposes of Clause 9(c) of the Standard Contractual Clauses, you acknowledge that we may be restricted from disclosing Sub-Processor agreements but we will use reasonable efforts to require any Sub-Processor we appoint to permit it to disclose the Sub-Processor agreement to you and will provide (on a confidential basis) all information we reasonably can.
Data Protection Impact Assessments and Consultation with Supervisory Authorities. To the extent that the required information is reasonably available to us, and you do not otherwise have access to the required information, we will provide reasonable assistance to you with any data protection impact assessments, and prior consultations with supervisory authorities (for example, the French Data Protection Agency (CNIL), the Berlin Data Protection Authority (BlnBDI) and the UK Information Commissioner's Office (ICO)) or other competent data privacy authorities to the extent required by European Data Protection Laws.
Transfer Mechanisms for Data Transfers.

(A) HubSpot will not transfer European Data to any country or recipient not recognized as providing an adequate level of protection for Personal Data (within the meaning of applicable European Data Protection Laws), unless it first takes all such measures as are necessary to ensure the transfer is in compliance with applicable European Data Protection Laws. Such measures may include (without limitation) transferring such data to a recipient that is covered by a suitable framework or other legally adequate transfer mechanism recognized by the relevant authorities or courts as providing an adequate level of protection for Personal Data, to a recipient that has achieved binding corporate rules authorization in accordance with European Data Protection Laws, or to a recipient that has executed appropriate standard contractual clauses in each case as adopted or approved in accordance with applicable European Data Protection Laws.

(B) You acknowledge that in connection with the performance of the Subscription Services, HubSpot, Inc. is a recipient of European Data in the United States. Subject to sub-sections (C) and (D), the parties agree that the Standard Contractual Clauses will be incorporated by reference and form part of the Agreement as follows:

(a) EEA Transfers. In relation to European Data that is subject to the GDPR (i) Customer is the "data exporter" and HubSpot, Inc. is the "data importer"; (ii) the Module Two terms apply to the extent the Customer is a Controller of European Data and the Module Three terms apply to the extent the Customer is a Processor of European Data; (iii) in Clause 7, the optional docking clause applies; (iv) in Clause 9, Option 2 applies and changes to Sub-Processors will be notified in accordance with the ‘Sub-Processors’ section of this DPA; (v) in Clause 11, the optional language is deleted; (vi) in Clauses 17 and 18, the parties agree that the governing law and forum for disputes for the Standard Contractual Clauses will be determined in accordance with the 'Contracting Entity; Applicable Law; Notice’ section of the Jurisdiction Specific Terms or, if such section does not specify an EU Member State, the Republic of Ireland (without reference to conflicts of law principles); (vii) the Annexes of the Standard Contractual Clauses will be deemed completed with the information set out in the Annexes of this DPA; and (viii) if and to the extent the Standard Contractual Clauses conflict with any provision of this DPA the Standard Contractual Clauses will prevail to the extent of such conflict.
(b) UK Transfers. In relation to European Data that is subject to the UK GDPR, the Standard Contractual Clauses will apply in accordance with sub-section (a) and the following modifications (i) the Standard Contractual Clauses will be modified and interpreted in accordance with the UK Addendum, which will be incorporated by reference and form an integral part of the Agreement; (ii) Tables 1, 2 and 3 of the UK Addendum will be deemed completed with the information set out in the Annexes of this DPA and Table 4 will be deemed completed by selecting “neither party”; and (iii) any conflict between the terms of the Standard Contractual Clauses and the UK Addendum will be resolved in accordance with Section 10 and Section 11 of the UK Addendum.
(c) Swiss Transfers. In relation to European Data that is subject to the Swiss DPA, the Standard Contractual Clauses will apply in accordance with sub-section (a) and the following modifications (i) references to "Regulation (EU) 2016/679" will be interpreted as references to the Swiss DPA; (ii) references to "EU", "Union" and "Member State law" will be interpreted as references to Swiss law; and (iii) references to the "competent supervisory authority" and "competent courts" will be replaced with the "the Swiss Federal Data Protection and Information Commissioner " and the "relevant courts in Switzerland".

(C) Where the HubSpot contracting entity under the Agreement is not HubSpot, Inc., such contracting entity (not HubSpot, Inc.) will remain fully and solely responsible and liable to you for the performance of the Standard Contractual Clauses by HubSpot, Inc., and you will direct any instructions, claims or enquiries in relation to the Standard Contractual Clauses to such contracting entity. If HubSpot cannot comply with its obligations under the Standard Contractual Clauses or is breach of any warranties under the Standard Contractual Clauses or UK Addendum (as applicable) for any reason, and you intend to suspend the transfer of European Data to HubSpot or terminate the Standard Contractual Clauses ,or UK Addendum, you agree to provide us with reasonable notice to enable us to cure such non-compliance and reasonably cooperate with us to identify what additional safeguards, if any, may be implemented to remedy such non-compliance. If we have not or cannot cure the non-compliance, you may suspend or terminate the affected part of the Subscription Service in accordance with the Agreement without liability to either party (but without prejudice to any fees you have incurred prior to such suspension or termination).

(D) Although HubSpot, Inc. does not currently rely on the EU-US Privacy Shield as a legal basis for transfers of European Data in light of the judgment of the Court of Justice of the EU in Case C-311/18, for as long as HubSpot, Inc. is self-certified to the Privacy Shield HubSpot Inc will process European Data in compliance with the Privacy Shield Principles and let you know if it is unable to comply with this requirement. In the event that HubSpot adopts an alternative transfer mechanism (including any new or successor version of the EU-US Privacy Shield) for transfers of European Data to HubSpot, Inc., such alternative transfer mechanism will apply automatically instead of the Standard Contractual Clauses described in this DPA (but only to the extent such alternative transfer mechanism complies with European Data Protection Laws), and you agree to execute such other documents or take such action as may be reasonably necessary to give legal effect such alternative transfer mechanism.

Additional Provisions for California Personal Information
Scope. The 'Additional Provisions for California Personal Information' section of the DPA will apply only with respect to California Personal Information.
Roles of the Parties. When processing California Personal Information in accordance with your Instructions, the parties acknowledge and agree that you are a Business and we are a Service Provider for the purposes of the CCPA.
Responsibilities. We certify that we will Process California Personal Information as a Service Provider strictly for the purpose of performing the Subscription Services and Consulting Services under the Agreement (the "Business Purpose") or as otherwise permitted by the CCPA, including as described in the 'Usage Data' section of our Privacy Policy. Further, we certify we i) will not Sell or Share California Personal Information; (ii) will not Process California Personal Information outside the direct business relationship between the parties, unless required by applicable law; and (iii) will not combine the California Personal Information included in Customer Data with personal information that we collect or receive from another source (other than information we receive from another source in connection with our obligations as a Service Provider under the Agreement).
Compliance. We will (i) comply with obligations applicable to us as a Service Provider under the CCPA and (ii) provide California Personal Information with the same level of privacy protection as is required by the CCPA. We will notify you if we make a determination that we can no longer meet our obligations as a Service Provider under the CCPA.
CCPA Audits. You will have the right to take reasonable and appropriate steps to help ensure that we use California Personal Information in a manner consistent with Customer’s obligations under the CCPA. Upon notice, you will have the right to take reasonable and appropriate steps in accordance with the Agreement to stop and remediate unauthorized use of California Personal Information.
Not a Sale. The parties acknowledge and agree that the disclosure of California Personal Information by the Customer to HubSpot does not form part of any monetary or other valuable consideration exchanged between the parties.

General Provisions
Amendments. Notwithstanding anything else to the contrary in the Agreement and without prejudice to the ‘Compliance with Instructions’ or ‘Security’ sections of this DPA, we reserve the right to make any updates and changes to this DPA and the terms that apply in the ‘Amendment; No Waiver’ section of the General Termswill apply.
Severability. If any individual provisions of this DPA are determined to be invalid or unenforceable, the validity and enforceability of the other provisions of this DPA will not be affected.
Limitation of Liability. Each party and each of their Affiliates' liability, taken in aggregate, arising out of or related to this DPA (and any other DPAs between the parties) and the Standard Contractual Clauses (where applicable), whether in contract, tort or under any other theory of liability, will be subject to the limitations and exclusions of liability set out in the 'Limitation of Liability' section of the General Termsand any reference in such section to the liability of a party means aggregate liability of that party and all of its Affiliates under the Agreement (including this DPA). For the avoidance of doubt, if HubSpot, Inc. is not a party to the Agreement, the ‘Limitation of Liability’ section of the General Terms will apply as between you and HubSpot, Inc., and in such respect any references to ‘HubSpot’, ‘we’, ‘us’ or ‘our’ will include both HubSpot, Inc. and the HubSpot entity that is a party to the Agreement. In no event will either party's liability be limited with respect to any individual's data protection rights under this DPA (including the Standard Contractual Clauses) or otherwise.
Governing Law. This DPA will be governed by and construed in accordance with the ‘Contracting Entity; ‘Applicable Law; Notice’ sections of the Jurisdiction Specific Terms, unless required otherwise by Data Protection Laws.

Parties to this DPA
Permitted Affiliates. By signing the Agreement, you enter into this DPA (including, where applicable, the Standard Contractual Clauses) on behalf of yourself and in the name and on behalf of your Permitted Affiliates. For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer”, “you” and “your” will include you and such Permitted Affiliates.
Authorization. The legal entity agreeing to this DPA as Customer represents that it is authorized to agree to and enter into this DPA for and on behalf of itself and, as applicable, each of its Permitted Affiliates.
Remedies. The parties agree that (i) solely the Customer entity that is the contracting party to the Agreement will exercise any right or seek any remedy any Permitted Affiliate may have under this DPA on behalf of its Affiliates, and (ii) the Customer entity that is the contracting party to the Agreement will exercise any such rights under this DPA not separately for each Permitted Affiliate individually but in a combined manner for itself and all of its Permitted Affiliates together. The Customer entity that is the contracting entity is responsible for coordinating all Instructions, authorizations and communications with us under the DPA and will be entitled to make and receive any communications related to this DPA on behalf of its Permitted Affiliates.
Other rights. The parties agree that you will, when reviewing our compliance with this DPA pursuant to the ‘Demonstration of Compliance’ section, take all reasonable measures to limit any impact on us and our Affiliates by combining several audit requests carried out on behalf of the Customer entity that is the contracting party to the Agreement and all of its Permitted Affiliates in one single audit.

Annex 1 - Details of Processing

List of Parties

Data exporter:

Name: The Customer, as defined in the HubSpot Customer Terms of Service (on behalf of itself and Permitted Affiliates)

Address: The Customer's address, as set out in the Order Form

Contact person’s name, position and contact details: The Customer's contact details, as set out in the Order Form and/or as set out in the Customer’s HubSpot Account

Activities relevant to the data transferred under these Clauses: Processing of Personal Data in connection with Customer's use of the HubSpot Subscription Services under the HubSpot Customer Terms of Service

Role (controller/processor): Controller

Data importer:

Name: HubSpot, Inc.

Address: Two Canal Park, Cambridge, MA 02141, USA

Contact person’s name, position and contact details: Nicholas Knoop, Data Protection Officer, HubSpot, Inc., Two Canal Park, Cambridge, MA 02141 USA

Role (controller/processor): Processor

Description of Transfer

Categories of Data Subjects whose Personal Data is Transferred

You may submit Personal Data in the course of using the Subscription Service, the extent of which is determined and controlled by you in your sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of Data Subjects:

Your Contacts and other end users including your employees, contractors, collaborators, customers, prospects, suppliers and subcontractors. Data Subjects may also include individuals attempting to communicate with or transfer Personal Data to your end users.

Categories of Personal Data Transferred

You may submit Personal Data to the Subscription Services, the extent of which is determined and controlled by you in your sole discretion, and which may include but is not limited to the following categories of Personal Data:

Contact Information (as defined in the General Terms).
2. Any other Personal Data submitted by, sent to, or received by you, or your end users, via the Subscription Service.

Sensitive Data transferred and applied restrictions or safeguards

The parties do not anticipate the transfer of sensitive data.

Frequency of the transfer

Continuous

Nature of the Processing

Personal Data will be Processed in accordance with the Agreement (including this DPA) and may be subject to the following Processing activities:

Storage and other Processing necessary to provide, maintain and improve the Subscription Services provided to you; and/or
Disclosure in accordance with the Agreement (including this DPA) and/or as compelled by applicable laws.

Purpose of the transfer and further processing

We will Process Personal Data as necessary to provide the Subscription Services pursuant to the Agreement, as further specified in the Order Form, and as further instructed by you in your use of the Subscription Services.

Period for which Personal Data will be retained

Subject to the 'Deletion or Return of Personal Data' section of this DPA, we will Process Personal Data for the duration of the Agreement, unless otherwise agreed in writing.

Competent Supervisory Authority

For the purposes of the Standard Contractual Clauses, the supervisory authority that will act as competent supervisory authority will be determined in accordance with GDPR.

Annex 2 - Security Measures

We currently observe the Security Measures described in this Annex 2. All capitalized terms not otherwise defined herein will have the meanings as set forth in the General Terms. For more information on these security measures, please refer to HubSpot’s SOC 2 Type II Report, SOC 3 Report, Security Overview and Penetration Test Summaries, available at trust.hubspot.com.

a) Access Control
i) Preventing Unauthorized Product Access

Outsourced processing: We host our Service with outsourced cloud infrastructure providers. Additionally, we maintain contractual relationships with vendors in order to provide the Service in accordance with our DPA. We rely on contractual agreements, privacy policies, and vendor compliance programs in order to protect data processed or stored by these vendors.

Physical and environmental security: We host our product infrastructure with multi-tenant, outsourced infrastructure providers. We do not own or maintain hardware located at the outsourced infrastructure providers’ data centers. Production servers and client-facing applications are logically and physically secured from our internal corporate information systems. The physical and environmental security controls are audited for SOC 2 Type II and ISO 27001 compliance, among other certifications.

Authentication: We implement a uniform password policy for our customer products. Customers who interact with the products via the user interface must authenticate before accessing non-public customer data.

Authorization: Customer Data is stored in multi-tenant storage systems accessible to Customers via only application user interfaces and application programming interfaces. Customers are not allowed direct access to the underlying application infrastructure. The authorization model in each of our products is designed to ensure that only the appropriately assigned individuals can access relevant features, views, and customization options. Authorization to data sets is performed through validating the user’s permissions against the attributes associated with each data set.

Application Programming Interface (API) access: Public product APIs may be accessed using an API key or through Oauth authorization.

ii) Preventing Unauthorized Product Use

We implement industry standard access controls and detection capabilities for the internal networks that support its products.

Access controls: Network access control mechanisms are designed to prevent network traffic using unauthorized protocols from reaching the product infrastructure. The technical measures implemented differ between infrastructure providers and include Virtual Private Cloud (VPC) implementations, security group assignment, and traditional firewall rules.

Intrusion detection and prevention: We implement a Web Application Firewall (WAF) solution to protect hosted customer websites and other internet-accessible applications. The WAF is designed to identify and prevent attacks against publicly available network services.

Static code analysis: Code stored in our source code repositories is checked for best practices and identifiable software flaws using automated tooling.

Penetration testing: We maintain relationships with industry-recognized penetration testing service providers for penetration testing of both the HubSpot web application and internal corporate network infrastructure at least annually. The intent of these penetration tests is to identify security vulnerabilities and mitigate the risk and business impact they pose to the in-scope systems.

Bug bounty: A bug bounty program invites and incentivizes independent security researchers to ethically discover and disclose security flaws. We implement a bug bounty program in an effort to widen the available opportunities to engage with the security community and improve the product defenses against sophisticated attacks.

iii) Limitations of Privilege & Authorization Requirements

Product access: A subset of our employees have access to the products and to customer data via controlled interfaces. The intent of providing access to a subset of employees is to provide effective customer support, product development and research, to troubleshoot potential problems, to detect and respond to security incidents and implement data security. Access is enabled through “just in time” (JITA) requests for access; all such requests are logged. Employees are granted access by role, and reviews of high risk privilege grants are initiated daily. Administrative or high risk access permissions are reviewed at least once every six months.

Background checks: Where permitted by applicable law, HubSpot employees undergo a third-party background or reference checks. In the United States, employment offers are contingent upon the results of a third-party background check. All HubSpot employees are required to conduct themselves in a manner consistent with company guidelines, non-disclosure requirements, and ethical standards.

b) Transmission Control

In-transit: We require HTTPS encryption (also referred to as SSL or TLS) on all login interfaces and for free on every customer site hosted on the HubSpot products. Our HTTPS implementation uses industry standard algorithms and certificates.

At-rest: We store user passwords following policies that follow industry standard practices for security. We have implemented technologies to ensure that stored data is encrypted at rest.

c) Input Control

Detection: We designed our infrastructure to log extensive information about the system behavior, traffic received, system authentication, and other application requests. Internal systems aggregate log data and alert appropriate employees of malicious, unintended, or anomalous activities. Our personnel, including security, operations, and support personnel, are responsive to known incidents.

Response and tracking: We maintain a record of known security incidents that includes description, dates and times of relevant activities, and incident disposition. Suspected and confirmed security incidents are investigated by security, operations, or support personnel; and appropriate resolution steps are identified and documented. For any confirmed incidents, we will take appropriate steps to minimize product and Customer damage or unauthorized disclosure. Notification to you will be in accordance with the terms of the Agreement.

d) Availability Control

Infrastructure availability: The infrastructure providers use commercially reasonable efforts to ensure a minimum of 99.95% uptime. The providers maintain a minimum of N+1 redundancy to power, network, and heating, ventilation and air conditioning (HVAC) services.

Fault tolerance: Backup and replication strategies are designed to ensure redundancy and fail-over protections during a significant processing failure. Customer data is backed up to multiple durable data stores and replicated across multiple availability zones.

Online replicas and backups: Where feasible, production databases are designed to replicate data between no less than 1 primary and 1 secondary database. All databases are backed up and maintained using at least industry standard methods.

Disaster Recovery Plans: We maintain and regularly test disaster recovery plans to help ensure availability of information following interruption to, or failure of, critical business processes.

Our products are designed to ensure redundancy and seamless failover. The server instances that support the products are also architected with a goal to prevent single points of failure. This design assists our operations in maintaining and updating the product applications and backend while limiting downtime.

Annex 3 - Sub-Processors

To help HubSpot deliver the Subscription Service, we engage Sub-Processors to assist with our data processing activities. A list of our Sub-Processors and our purpose for engaging them is located on our HubSpot Sub-Processors Page available at https://legal.hubspot.com/sub-processors-page, which is incorporated into this DPA.