regulation
Is Mailchimp, HubSpot, Klaviyo or GA4 HIPAA Compliant? A Vendor-by-Vendor Answer
By Art Kukharenko · Published · Updated
Independent legal reviewer not yet supplied. General information; confirm current obligations with qualified counsel.
Browse regulation resourcesNo marketing tool is "HIPAA compliant" on its own: no HHS-approved certification exists for vendors 2, so the useful question is whether the vendor will sign a business associate agreement (BAA), for which products and tier, and with what limits. On the vendors' own pages: HubSpot (Enterprise), Salesforce, Braze, Adobe and Segment (Business) offer BAAs; Google Analytics and SendGrid say they do not; Klaviyo's policy bars PHI; Mailchimp's pages show no BAA offer.
Who this is for: privacy and marketing-operations teams comparing email, analytics, advertising and customer data platform (CDP) tools. Every vendor row, except our own product, comes from a page opened on 17 October 2026. Part of the regulation hub; see also the healthcare hub.
How to read this page
A BAA is required when a vendor creates, receives, maintains or transmits PHI for a covered entity (45 CFR 164.502(e), 164.504(e)) 1. Microsoft's own compliance page makes the wider point: there is no certification standard that HHS approves for business associates, and a BAA does not by itself achieve compliance 2. So we record five facts per vendor: whether a BAA is offered, which tier or edition, which products, the stated limits, and the date of the page.
Master table: BAA offers by vendor
Scroll horizontally to compare all columns ↔
| Vendor / product | BAA offered? | Tier or edition | Products covered | Stated limits | Page date |
|---|
| HubSpot | Yes: BAA is Annex I to the Sensitive Data Terms | Enterprise subscription | Smart CRM, Marketing, Sales, Content, Data Hub (catalog); the help article also lists Service Hub | Sensitive properties unavailable in personalization tokens, sandboxes, chatbots, playbooks; PHI not available in all areas | Terms 14 Apr 2026; help 8 Sep 2026 | | Klaviyo | None found; policy prohibits PHI | n/a | n/a | Acceptable Use Policy bars medical records and health information incl. PHI; telehealth listed as restricted | 9 Apr 2026 | | Google Analytics 4 | No: "does not offer Business Associate Agreements" | n/a | n/a | Do not use in any way that implicates PHI; not on authenticated pages | Undated | | Meta Pixel / Business Tools | None stated | n/a | n/a | Terms forbid sharing health information with Meta | Effective 3 Nov 2025 | | Salesforce Marketing Cloud | Yes, if the signed BAA lists the service | Not stated | Marketing Cloud Engagement, Personalization (AWS only), Data 360, Customer Data Platform, Health Cloud; Account Engagement not mentioned | Customer must encrypt PHI; Einstein features in Marketing Cloud Next excluded | 30 Sep 2026 | | Braze | Yes | HIPAA-eligible instance bought on an Order Form, on the HIPAA cluster; no tier named | Braze Services in a "HIPAA Account" | No messages containing diagnoses or test results; no medical records or images | 21 Aug 2026 |
| Twilio SendGrid | No | n/a | n/a | "not a HIPAA Eligible Service"; Twilio cannot sign BAAs for it | Modified 23 Jul 2026 | | Twilio Segment | Yes | Business tier (Free and Team: no) | Products on Twilio's HIPAA Eligible list | Only context, traits and properties fields can be field-encrypted; 15-minute session timeout | Modified 26 Jun 2026 |
| Constant Contact | Yes, on request; standard form only | Not stated | Not stated | Subscriber contact information only; no sensitive health data; not built for EMR | 26 Jun 2026 | | Adobe (Healthcare Shield) | Yes: BAA required in addition to the licence | Real-Time CDP Prime or Ultimate | Real-Time CDP (B2C; B2P consumer audiences), Journey Optimizer, Customer Journey Analytics, Attribution AI | Excludes substance use disorder, mental health and genetic data, among others | Terms version 2024v2 |
| Freshpaint | Yes | Not stated | Not stated | Filtering depends on your configuration | Undated | | Ours Privacy | Yes: "a BAA with all of the organizations we work with" | Not stated | Not stated | Vendor marketing page; no exclusions listed | 16 Oct 2026 |
Vendor notes
Email and marketing automation
Is Mailchimp HIPAA compliant? Mailchimp's Standard Terms say you are responsible for deciding whether the Service suits your HIPAA obligations and that Mailchimp is not liable if it does not meet them; neither the terms nor its prohibited-content help page mention a BAA 34. Third-party compliance blogs say Intuit does not sign one, which we could not confirm on a Mailchimp page. Treat it as a non-PHI tool.
Is HubSpot HIPAA compliant? HubSpot offers a BAA for Enterprise accounts that turn on Sensitive Data, with PHI marked per property 56. The BAA applies only to Covered Services authorized in an order form, takes precedence over the main agreement for PHI, and requires breach reports within ten business days of discovery 6. HubSpot's catalog and help article differ on whether Service Hub is covered, so check your order form 57.
Is Klaviyo HIPAA compliant? Klaviyo's Acceptable Use Policy prohibits storing or sending medical records or health information, including PHI 8. We found no BAA offer, so do not place patient data in the platform.
Does Salesforce Marketing Cloud sign a BAA? Yes, for listed services: the BAA page names Marketing Cloud Engagement (formerly ExactTarget), Personalization on AWS, Data 360 and Health Cloud as covered when your signed BAA includes them, with PHI encrypted by the customer 9. It does not mention Account Engagement (formerly Pardot), so ask in writing. The page also limits coverage to Salesforce, Hyperforce or public-cloud infrastructure, not customer premises 9. Pricing context: Data 360 pricing.
Braze. Braze signs a BAA for PHI stored in a "HIPAA Account" on its HIPAA cluster, but the customer agrees not to send messages containing diagnoses or test results and not to store medical records or images 10. Braze also warns that third-party providers may not be HIPAA compliant 10. Breach notice is "without unreasonable delay" rather than a fixed number of days 10.
Iterable. The Trust Center lists HIPAA among its certifications without naming scope 11, and a customer story tells HIPAA-regulated businesses to contact Iterable about requirements and exclusions 12. Obtain the BAA and exclusions in writing before sending patient data.
Twilio SendGrid. Twilio states SendGrid does not natively support HIPAA-compliant transmission, is not a HIPAA Eligible Service, and Twilio cannot sign BAAs for it 13. For PHI-bearing email, pick a provider that does.
ActiveCampaign. A January 2026 post says a BAA is available on eligible plans, mentions an Enterprise plan with a BAA, and advises keeping PHI out of subject lines and SMS 14. Its Conversations product terms bar PHI 15. The pricing page shows a HIPAA support row without readable plan values, so confirm tier in writing.
Constant Contact. It will sign only its standard BAA, "cannot make any changes," and limits stored data to subscriber contact information; mental health, substance abuse and HIV information cannot be stored or sent 16. Useful for contact-only newsletters, not clinical messaging.
Analytics, tags and ad pixels
Is Google Analytics HIPAA compliant? Google says it "does not offer Business Associate Agreements" for Google Analytics, and HIPAA-regulated customers "must not use Google Analytics in any way that implicates Google's access to, or collection of, PHI" 17. It adds that authenticated pages are likely HIPAA-covered and should not carry tags 17. In American Hospital Association v. Becerra (N.D. Tex., 20 June 2024) the court vacated only the part of OCR's bulletin treating an IP address plus a visit to an unauthenticated public page as PHI; HHS withdrew its appeal on 29 August 2024 1819. Google's own page still tells customers to keep tags off authenticated pages. See healthcare marketing pixels after the HHS bulletin.
Meta Pixel. Meta's Business Tools Terms have you warrant that you will not share data that "includes or is based on, directly or otherwise, health information" 20. Pixel litigation continued through 2026, as Meta's 10-Q for the quarter ended 30 June 2026 and reported hospital settlements show 21.
Piwik PRO, Freshpaint, Ours Privacy and Tealium. These position themselves for healthcare. Piwik PRO says a customized BAA is signed before data collection and hosts on US Azure 22, but its pricing page lists a BAA under "Healthcare Enterprise" and "BAA not included" under Enterprise while its FAQ says Enterprise includes one 23. Freshpaint says it offers a BAA and filters data server-side, with protection depending on your configuration 24. Ours Privacy says it signs a BAA with every client 25. Tealium says it signs BAAs with Private Cloud customers 2627, while a separate undated page says its private cloud "is not intended to be a repository of Health Records" 28; confirm which statement is current.
Customer data platforms and pipelines
Twilio Segment. BAAs are available on the Business tier only; the Free and Team plans are marked unavailable, and a HIPAA badge should appear in workspace settings before PHI is sent 29. See Segment pricing and alternatives.
Adobe. Healthcare Shield terms require a covered entity to hold a BAA in addition to the licence, restrict use to listed Health Data-ready applications (Real-Time CDP Prime or Ultimate, Journey Optimizer, Customer Journey Analytics, Attribution AI), and bar sharing Permitted Health Data with non-ready products. Substance use disorder, mental health condition and genetic information are excluded from "Permitted Health Data" 30.
Microsoft Dynamics 365 Customer Insights. Microsoft makes its BAA available by default through the Online Services Data Protection Addendum and lists Dynamics 365 among in-scope services, but the page does not name Customer Insights individually 2.
HIPAA-compliant email marketing platforms and marketing automation: what the pattern shows
Three patterns emerge. Enterprise suites (Salesforce, Adobe, HubSpot Enterprise, Braze) sell a BAA tied to a specific product, instance or tier. Mid-market tools (Constant Contact, ActiveCampaign) offer narrow or tiered BAAs with content limits. Consumer-grade or developer tools (Mailchimp, Klaviyo, SendGrid, Google Analytics) offer none that we could find. Check the pattern against the master table, not the marketing page.
A BAA is necessary but not sufficient
A BAA lets a vendor handle PHI on your behalf. It does not settle the rest, and vendor documents say so:
- Purpose. A BAA does not authorize marketing. Subsidized or third-party marketing still needs patient authorization; see HIPAA marketing rules.
- Product scope. Salesforce covers a service only if your BAA includes it 9; Adobe requires a written Sales Order and a listed product 30; HubSpot limits the BAA to Covered Services 6; Braze to a provisioned HIPAA Account 10.
- Content limits. Braze bars diagnoses and test results in messages 10; Constant Contact allows contact data only 16; Adobe excludes mental health and genetic data 30.
- Downstream destinations. Braze says third-party providers may not be HIPAA compliant 10; Adobe forbids sharing with non-ready products 30.
- Your configuration. Salesforce requires customers to encrypt PHI 9; Microsoft states a BAA does not ensure compliance 2; Freshpaint's filtering depends on your rules 24.
- Breach timing. HubSpot commits to ten business days 6; Braze to "without unreasonable delay" 10. Negotiate what your policy needs.
- Security duties. Your own risk analysis, access control and logging remain; see the HIPAA Security Rule update tracker.
Decision guide
Scroll horizontally to compare all columns ↔
| If your use case is... | PHI involved? | Practical path |
|---|---|---|
| General newsletter, no patient list | No | Any ESP on standard terms; avoid condition-specific lists |
| Appointment or care-gap campaigns using patient identifiers | Yes | Product covered by a signed BAA (see table); minimum fields only |
| Website analytics on public pages | Possibly | Privacy-focused analytics with a BAA, or GA4 only on pages outside HIPAA scope; never on authenticated pages |
| Ad conversion tracking from patient events | Yes | Do not send identifiable events to platforms that offer no BAA; use a BAA-backed filtering layer and check authorization |
| Unified patient engagement profile | Yes | BAA-covered customer data platform or customer-owned deployment |
Checklist before you load PHI into any tool:
- Map the data: which fields, which destinations, which pages.
- Request the BAA and read the covered-product list and exclusions.
- Match your exact module and tier to the BAA.
- Check content and field limits against your messages.
- Confirm downstream integrations have their own BAAs or receive no PHI.
- Test with synthetic data; record the result.
- Store the BAA, scope and review date in your vendor register (BAA checklist, martech BAA checklist).
Update log
This page is refreshed quarterly; vendor terms change without notice.
Scroll horizontally to compare all columns ↔
| Date | Change |
|---|---|
| 2026-10-17 | First full check: 18 vendor pages opened; flags left where pages conflict or are silent |
| Next check | January 2027, or sooner if a vendor changes its BAA page |
Download the BAA checklist and run it on every tool in your stack, then return to the regulation hub for related trackers.
Frequently asked questions
Is Mailchimp HIPAA compliant?
HHS does not certify software, and Mailchimp's own pages do not offer a BAA. Its Standard Terms put the HIPAA suitability decision on you and disclaim liability 3. Without a BAA you should not send PHI through it, though messages to non-patient audiences that contain no health information are a separate question for your counsel.
Is HubSpot HIPAA compliant?
HubSpot offers a BAA on Enterprise subscriptions that enable Sensitive Data, with PHI properties flagged individually 56. Some tools, such as personalization tokens, sandboxes and chatbots, cannot hold sensitive properties 7. The BAA covers only authorized Covered Services, so confirm your hubs and features in the order form.
Is Klaviyo HIPAA compliant?
Klaviyo's Acceptable Use Policy prohibits medical records and health information, including PHI, and we found no BAA offer 8. Do not use it for patient data. Keep campaigns to non-sensitive customer data, and ask Klaviyo's privacy team in writing if you need a different answer.
Is Google Analytics HIPAA compliant?
Does Salesforce Marketing Cloud sign a BAA?
Yes, for services named in a signed BAA. The Salesforce page lists Marketing Cloud Engagement, Personalization (on AWS), Data 360 and Health Cloud as covered, requires customers to encrypt PHI, and excludes the Einstein features in Marketing Cloud Next 9. Account Engagement is not mentioned.
Which email marketing platforms offer a BAA?
From vendor pages: Salesforce Marketing Cloud Engagement, HubSpot Enterprise, Braze (HIPAA Account), Adobe Journey Optimizer with Healthcare Shield, Constant Contact (standard BAA, contact data only) and ActiveCampaign on eligible plans. SendGrid says it does not 13. Always confirm scope in writing.
Does a BAA make a tool HIPAA compliant?
Can a hospital use the Meta Pixel?
Meta's terms forbid sharing health information through its business tools 20, and OCR's view that identifiable health information collected on a regulated entity's site or app generally counts as PHI still stands after the 2024 ruling 18. Many health systems therefore avoid sending patient identifiers to ad platforms or route events through a BAA-backed filtering layer.
Sources
- 45 CFR 164.502(e) and 164.504(e), business associate contracts (eCFR) Open source
- Microsoft Learn, HIPAA and HITECH Act compliance offering (opened 2026-10-17) Open source
- Mailchimp Standard Terms of Use Open source
- Mailchimp, About Prohibited Content Open source
- HubSpot Products & Services Catalog Open source
- HubSpot Sensitive Data Additional Terms (modified 14 Apr 2026) Open source
- HubSpot, Store Sensitive Data in HubSpot (8 Sep 2026) Open source
- Klaviyo Acceptable Use Policy (9 Apr 2026) Open source
- Salesforce Business Associate Addendum Restrictions (30 Sep 2026) Open source
- Braze HIPAA Business Associate Addendum (21 Aug 2026) Open source
- Iterable Trust Center Open source
- Iterable, PicnicHealth customer story Open source
- Twilio, Is SendGrid HIPAA Compliant? Open source
- ActiveCampaign, HIPAA-Compliant Marketing Guide Open source
- ActiveCampaign Conversations Policy (19 Mar 2019) Open source
- Constant Contact, Business Associate Agreement knowledge base article (26 Jun 2026) Open source
- Google Analytics Help, HIPAA and Google Analytics Open source
- Holland & Knight, AHA v. Becerra analysis (June 2024) Open source
- Quarles, HHS OCR withdraws tracking technologies appeal (6 Sep 2024) Open source
- Meta Business Tools Terms (effective 3 Nov 2025) Open source
- HIPAA Journal, hospital pixel settlements: ; Meta Form 10-Q (30 Jun 2026) Open source · Additional source
- Piwik PRO, HIPAA Open source
- Piwik PRO, pricing Open source
- Freshpaint FAQ Open source
- Ours Privacy, signed BAA (16 Oct 2026) Open source
- Tealium, HIPAA compliance and customer data Open source
- Tealium Private Cloud Open source
- Tealium, Protecting your customer data (French page) Open source
- Twilio, HIPAA-eligible Segment (modified 26 Jun 2026) Open source
- Adobe, PSLT Healthcare Shield for Platform-based Applications (2024v2) Open source
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This article is general information, not legal advice.
Further reading
- Customer data regulation guides
- HIPAA Marketing Rules: Authorization
- HIPAA Pixel Tracking After HHS Guidance
- HIPAA-Compliant CDP: What It Takes
- Salesforce Data Cloud (Data 360) Pricing
Published: · Updated:
Publication date recorded for the approved release. Editorial updates do not establish legal approval or a customer result.