This User Research Participation Agreement (“Agreement”) is between HubSpot, Inc. (“HubSpot”, “we”, “us”, “our”) and the undersigned person or entity (“Participant”, “you”, “your”)(collectively “the parties”). We conduct user research (“Research”) to develop and improve our websites, products, services, and customer experience. In consideration of your agreeing to participate in the Research, you agree to the following:
1. Confidentiality. As used in this Agreement, “Confidential Information” means information disclosed by us to you that is of a competitively sensitive or proprietary nature. Examples of this type of information include but are not limited to, non-public information about our websites, products, services, design features, functionality, alpha/beta services and programs, pricing and packaging information, go-to-market strategies, trade secrets, and any related documentation. Confidential Information does not include information that: (1) is now or becomes generally known or available to the public through no fault of yours, (2) was known by you before receipt from us, without any obligation of confidentiality, (3) is rightfully obtained by you from a third party, without breach of any obligation to us, or (4) is independently developed by you. You must use a reasonable degree of care to protect Confidential Information and to prevent any unauthorized use or disclosure of Confidential Information. If we request, you will promptly return and/or permanently destroy all copies of our Confidential Information and certify that you have done so. You acknowledge that the unauthorized use or disclosure of our Confidential Information may cause irreparable harm to us. Accordingly, you agree that we will have the right to obtain an immediate injunction against any breach or threatened breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
2. No Insider Trading. During the Research, you may be exposed to material, non-public information about HubSpot under federal or state securities laws. You understand that you may be found in violation of applicable laws if you take advantage of such information. If you are exposed to such material, non-public information, you agree not to: (1) trade in HubSpot's securities (including common stock, stock options, or HubSpot-issued securities, or derivative securities), (2) have others trade in HubSpot's securities on your behalf, (3) give trading advice of any kind about HubSpot, (4) disclose any material, non-public information to anyone else who might then trade, or (5) recommend anyone that they purchase or sell HubSpot's securities.
3. Feedback. As part of our participation in our Research, we may ask for or collect and/or you may provide written and/or verbal suggestions, feedback, or comments on our websites, products, or services (collectively, “Feedback”). You acknowledge and agree that such Feedback shall be deemed the property of HubSpot. We shall exclusively own all now known or hereafter existing rights to the Feedback throughout the universe in perpetuity and shall be entitled to use the Feedback for any purpose whatsoever, commercial or otherwise.
4. Voluntary participation. You understand that participating in this Research and giving Feedback is entirely voluntary. You may at any time choose to stop participating by letting us know during the Research.
a. What data we collect. We may record you in any format during the Research, including recording your interaction with our websites, products, and services through any means, including, without limitation, audio, video, photography, and screen captures (“Recordings”). In addition to your information collected via Recordings, we may also collect your information, including your first and last name, email address, phone number, opinions, and/or response to Research questions. This information, along with the Recordings, will be collectively referred to as “Personal Information”.
b. How we use your data. We may use your Personal Information to develop and improve our websites, products, services, and customer experience.
c. Service providers. We use third-party service providers ("Service Providers") to record video and/or transcribe audio of Research sessions, complete Research questionnaires, recruit participants for Research, remove repetitive information from Research lists, analyze data, or perform statistical analysis. Service Providers are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information. In all cases where we share your Personal Information with Service Providers, we explicitly require them to acknowledge and adhere to our privacy and data protection policies and standards.
[Form Rev. 11152023]