Updates to Zendesk’s Terms and Policies

November 1, 2017

What begins with a “Z” and just updated its Master Subscription Agreement and Privacy Policy? You guessed it—Zendesk! In an effort to better serve our customers, we periodically update our terms to address things like changes in law and the introduction of new features and functionality. We also strive to make our agreements and policies easier to understand.

We take our responsibilities to our customers seriously and value transparency in our interactions, so we’ve put together this summary of the more significant changes to our terms and policies. Please note that this is also just a summary of the changes. We urge you to review our updated terms and policies carefully to fully understand them.

These updates will be effective for all new customers as of November 1, 2017 and will be effective on all existing customers as of December 1, 2017. For our channel customers, such as those customers that purchased a subscription to our products through a reseller, we have made similar changes to our Reseller Subscription Services Agreement that will also be effective December 1, 2017.

Some of the major updates include:

EU General Data Protection Regulation (GDPR) Updates

Definition of Applicable Data Protection Law

As indicated in our last blog post, we continue to prepare for GDPR and part of that effort includes updating our agreements to address the new regulatory requirements. We have updated the definition of “Applicable Data Protection Law” in our MSA and Regional Data Hosting Policy to indicate the Directive 95/46/EC will be replaced by EU Regulation 2016/679 on May 28, 2018. We take your and your customer’s privacy very seriously. We believe GDPR will be the most developed and comprehensive privacy standard in the world and therefore, we map our privacy practices to the GDPR’s requirements for all of our customers—not just those located in the EEA.

Privacy Policy

We have updated our Privacy Policy to incorporate our new obligations under GDPR and the enhanced rights of EU data subjects. These GDPR specific updates include, but are not limited to:

1. a statement regarding our legal basis (e.g. consent, performance of a contract, etc.) for processing EU data subject’s personal information, which such basis will vary based on the personal information collected and the context of the collection;

2. our obligations regarding retention of personal information; and

3. additional rights for EU data subjects including the right of erasure, the right to object to processing, the right to restrict processing, and the right to data portability.

Supplemental Terms Updates

Zendesk Connect Supplemental Terms

Consequent to our acquisition of Outbound in May 2017, we are excited about the anticipated launch of Zendesk Connect and the associated email campaign functionality. You may recall, as part of our last MSA updates, we updated the General Terms section to address this new functionality. Since the email campaign functionality is specific to the Zendesk Connect service, we are moving these terms to the Supplemental Terms section to clarify that the terms are only applicable to the Zendesk Connect service. If you are thinking about subscribing to Zendesk Connect, please review these terms as they include some very important use restrictions like don’t use Zendesk Connect to send SPAM, solicit pyramid scheme participants, or to operate nuclear facilities (seriously, don’t).

Zendesk Talk Supplemental Terms

Zendesk Talk credits will now expire one-year from the date of purchase if unused.

Other Zendesk Policy Updates

As we add and expand our service offerings, we may update applicable Zendesk policies.

Regional Data Hosting Policy

Zendesk Guide content may now be hosted exclusively in either the EEA or the US if you subscribe to the Data Center Location Add-On (referred to in the MSA as a “Deployed Associated Service). Zendesk Guide attachments are only eligible for US only hosting.

In addition, we have updated our auditing standards in the Regional Data Hosting Policy to reflect current standards, accreditations, and certifications.

Data Deletion Policy

Our policy now includes updated retention periods for Zendesk Message conversations, logs, and search indices.

Other Updates

Feature List for the Priority Support Add-On

If you have purchased our Priority Support Add-On, we have great news—we’ve upgraded our offering! A world-class customer support organization should have world class customer support terms. Our Priority Support commitment now includes a business impact categorization table and associated Response Time Objectives (RTOs).

Limitation of Liability

Where we previously had a separate limitation of liability section applicable to our performance of consulting services, we have now consolidated the provision into Section 10 of the MSA . In addition, we have revised the provision to provide better clarity.

That’s all for now!

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