Article

2020 legal terms update

By Amanda Davis, Corporate Counsel

Published December 1, 2020
Last updated September 21, 2021

As a service-first company, we update our terms and policies on a bi-annual basis, driven by customer feedback, evolving legal standards, and product updates.

A summary of the key updates follow below. If you would like more information about our legal terms, please visit our Customers and Partners Website. If you would like more information about our privacy and security practices, please visit our Privacy and Data Protection Website.

For new subscribers, this updated MSA will become effective on December 1, 2020. For existing subscribers, this is your advance notice that the new Master Subscription Agreement will apply to your use of the Services starting on January 1, 2020.

For subscribers that have purchased a subscription to our Services through an authorized reseller partner, we have made the equivalent changes to our Reseller Subscription Services Agreement, which is effective as of December 1, 2020 for new subscribers, and January 1, 2020 for existing subscribers.

MASTER SUBSCRIPTION AGREEMENT (MSA)

In addition to cleaning up the language to make the terms more clear, we made the following key updates to the Zendesk Master Subscription Agreement (MSA):

  • Added language clarifying that Zendesk’s use of a Subscriber’s trademarks or logos will be addressed in the Order Form, rather than the MSA.
  • We added the Personal Information Protection and Electronic Documents Act of Canada (PIPEDA) and Brazilian Law No. 13,709/2018 (LGPD) to the definition of Applicable Data Protection Law.
  • We amended the Region-Specific Supplemental Term for Brazil to exclude the obligation to notify the End User to collect their consent since this may be justified by other legal basis, and included a link to the Brazil section of our Privacy Policy that governs the processing of personal data applicable in Brazil
  • We added in Region-Specific Supplemental Term for California, United States regarding notifying End-Users and obtaining End-User consent under the California Consumer Privacy Act (CCPA)

PRIVACY POLICY

Although Zendesk does not rely on the Privacy Shield as a lawful mechanism to transfer personal information from the EU, United Kingdom, or Switzerland, we have updated our Privacy Policy to reflect our continued participation in and compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.

In addition, we clarified the types of information we collect when our Subscribers use our Mobile Application. The information is used to perform our obligations under the MSA.

DATA PROCESSING AGREEMENT (DPA)

We made simple edits to our Data Processing Agreement (DPA) and updated formatting to better align with our MSA, and to better describe Zendesk processes and procedures.