This User Experience 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 carry out user experience research (“Research”) on our products and services in order to gain insights into how users engage with them and to improve the current experience and interface of our products. 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 products, services, design features, functionality, and 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. 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 the features or functionality of our 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.
3. 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 contacting a member of our UX Research team.
a. What data we collect. HubSpot may record you in any format during the Research, including recording your use of our products, website and/or services, measurements, eye movements, answers, communications, and voice through any means, including without limitation, audio, video, photography, and screen captures (“Recordings”). In addition to your information collected via Recordings, HubSpot 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 products, services, and customer experience.
c. Service providers. We use other third-party service providers to record video and / or transcribe audio of study sessions. These 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 information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and data protection policies and standards.
[Form Rev. 05042022]