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Article 4 min read

Improvements to Zendesk’s terms and policies

By Hasani Caraway, General Counsel

Last updated June 3, 2019

We are excited to announce new updates to our customer-facing terms and policies. We listen to the feedback of our customers, observe the changes in applicable legislation and continue to develop the features and functionality of our services. As such, we update our terms and policies in line with these changing requirements.

As part of our goal to provide transparency to our subscribers, we are sharing this summary of the key changes to our terms and policies.

If You are a new subscriber to Zendesk, the following Master Subscription Agreement (MSA) will apply to your use of our services with effect from June 3, 2019. If You are already a subscriber to our services, this is your advance notice of these changes, which will be effective as of July 3, 2019. For our channel customers, such as those customers that purchased a subscription to our products through a reseller, we have made the equivalent changes to our Reseller Subscription Services Agreement which are also effective as of June 3, 2019 for new customers and July 3, 2019 for existing indirect customers.

We invite you to visit the legal pages on our website found here which contains our customer-facing terms and policies along with our EU Data Protection site that provides detailed information about our data privacy and protection efforts.

The highlights of our MSA update include:

  • Confidentiality; Security and Privacy – Section 3
    Following feedback from our subscribers, we have clarified our respective roles when we are processing certain data and the purposes for which we process such data. In particular, we have simplified the language we use in Section 3.8 which refers to our use of Agent Data (which is also further explained in our Privacy Policy).
  • Supplemental Terms for Zendesk’s Sunshine Service
    Following the exciting product launch of Zendesk Sunshine in November 2018, we have now added brief supplemental terms that apply to Zendesk Sunshine.
  • Supplemental Terms Section 2: How We Protect Service Data
    In an effort to provide greater transparency, we have inserted a new provision in our MSA which grants customers the right to audit us by way of reviewing information confirming our compliance with our obligations in the form of our ISO27001 certification and/or our SOC2 and SOC3 reports.

Other updates to note…

Data Processing Agreement

As mentioned above, we encourage all subscribers to consider entering into our DPA. Particularly as we have recently updated it as follows:

  • We have specifically referenced certain processor obligations and the associated Articles under the GDPR, at the request of our customers.

  • We have updated the Security Standards in Exhibit B, in line with our constant efforts to improve our security systems and processes.

As the ever-changing global privacy climate develops, we are monitoring a couple of events that will likely impact our subscribers and their customers. First, the California State Legislature has indicated that it may further amend the California Consumer Privacy Act (CCPA). In light of such amendments, Zendesk is actively tracking the CCPA as the effective date of January 1, 2020 approaches and will be updating its terms and policies in the coming months.

Next, we are also actively tracking the “no deal” Brexit versus “deal” Brexit issue in the UK. For personal data in the UK to be transferred to the U.S. there needs to be a legal mechanism in place in order to facilitate said transfer. That would be either our DPA which contains the Model Clauses or our Binding Corporate Rules (BCRs). Zendesk has obtained approval for its BCR as a data processor for its customers’ personal data, which provide our customers with a robust mechanism to facilitate transfers of personal data from the EEA to members of the Zendesk family of companies when using our services. With regard to the Privacy Shield Frameworks, Zendesk will comply with any further requirements once we have clarity on what is required following Brexit.

For more information on these issues and well as other data privacy and protection issues please visit our data protection site found here.

Subprocessors and Subcontractors Policy

  • We have extended the scope of our use of Amazon Web Services as well as added Scalyr, Inc. and Sumo Logic, Inc. Our Subprocessor and Subcontractor Policy found here provides further detail on the purpose of processing by these newly added subprocessors along with our existing subprocessors.

Features and Functionalities for the Premier Support Add-On

  • As our services have evolved so have our Add-Ons. For example, we have added some new features regarding our ability to report on usage of our services and customer service trends.

Features and Functionalities for the Advanced Security Add-On

  • We’ve added a heap of new and enhanced features to this Add-On on areas that or subscribers are concerned with such as disaster recovery, network controls and back-ups/logs.
    Zendesk Chat now contains a useful “history” tab.

We look forward to our continued relationship with you!

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