Updates to our Terms of Service and Privacy Policy

April 4, 2014

Effective May 1, 2014, we’ll be implementing some updates to our Terms of Service and Privacy Policy. For customers that purchased a subscription to Zendesk through a reseller, we have made similar changes to our Reseller Customer Terms of Service that will also be effective May 1, 2014.

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. We understand it can be tempting not to bother reading these, but it really is important. Please note that this is also just a summary of the changes. I urge you to review the updated Terms of Service and Privacy Policy carefully to fully understand them.

Changes to our Terms of Service

Data hosting and processing
At Zendesk, we are committed to implementing best practices regarding data privacy. Since 2011 we have certified compliance with the US–EU and US–Swiss Safe Harbor Frameworks set forth by the US Department of Commerce. We’ve referenced our commitment to this certification in our updated Terms as well as provided more transparency about where the data centers hosting your data within Zendesk are located. In addition, we’ve clarified that data may be accessed or otherwise processed as necessary to provide our platform by personnel in Zendesk affiliated organizations or our authorized service providers.

Additional terms
We’re constantly innovating and trying to improve our platform. That includes rolling out new features and functionality, which may involve new ways in which we process or share your data that may require us to modify or supplement our existing Terms of Service. When this occurs, we’ll present you with this information prior to your implementation of the new feature or functionality so you can make sure you are comfortable. If you then enable the feature or functionality, we’ll deem these “Additional Terms” to be incorporated into our Terms of Service.

Zendesk Voice
Zendesk Voice is one of our favorite features. As explained in our existing terms, use of Zendesk Voice involves separate fees based on utilization. Our updated Terms of Service explain that we may utilize different models for charging for usage, including billing in arrears or requiring prepaid accounts. Zendesk Voice is built on a powerful API built by Twilio. In the interest of increased transparency, we’ve also added a statement clarifying this relationship and that use of Zendesk Voice involves the sharing and processing of your data with Twilio, just as we may share and process data through other third parties that assist us in providing our service.

Purchase order forms
We’ve taken a lot of time and care to craft our Terms of Service so that they accurately reflect both how we operate and our obligations to you as our customer. For that reason, it’s important that we have no confusion that our Terms of Service are the controlling agreement between us with respect to the use of Zendesk. To that end, we’ve clarified that form agreements that you may provide us through a purchase order or other document won’t override our Terms of Service and that any non-disclosure agreement we may enter into with you doesn’t supersede the confidentiality and non-disclosure provisions of our Terms of Service.

Changes to our Privacy Policy

Do Not Track signals
We have updated our Privacy Policy to provide certain disclosure required by law as to how we treat “Do Not Track” (DNT) signals from web browsers or other mechanisms. While the meaning of what constitutes a DNT signal or response is still not clear, these features are generally understood to be signals provided by a web browser or through some other mechanism that a visitor or user of a website or online service does not wish to be tracked. Neither our website or platform currently respond to DNT signals. As the understanding of DNT signals and how to respond to them develops, this may change. If so, we’ll notify you through an update to our Privacy Policy.

Data hosting and processing
We’ve also gone through our Privacy Policy to provide more detailed information on the location of data processing and storage (consistent with the new language in our updated Terms) and greater clarity as to how the Privacy Policy impacts the agents that use our service and the end users with whom they interact. We hope this information provides greater precision to you as to what information we collect and how and where we use it.

Thank you for taking the time to read through the summary of these changes to our Terms of Service and Privacy Policy. We are always striving to do better and increase transparency between us and our customers. If you have questions or concerns or ways in which you think we can improve, please let me know: legal@support.zendesk.com.

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