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Zendesk legal terms update 2019

By Hasani Caraway, Vice President, General Counsel

Published December 2, 2019
Last updated December 2, 2019

We are excited to announce that we have updated our Master Subscription Agreement (“MSA”) to improve readability, accommodate our new Zendesk Sell and Zendesk Sunshine Conversations product offerings, and address changes in law.

A summary of the key revisions is 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 Master Subscription Agreement will become effective on December 2, 2019. For existing subscribers, this is your advance notice that the new Master Subscription Agreement will apply to your use of the services starting January 2, 2020.

For customers that have purchased a subscription to our products through an authorized reseller partner, we have made the equivalent changes to our Reseller Subscription Services Agreement, which are also effective as of December 2, 2019 for new customers and January 2, 2020 for existing customers.

KEY MSA CHANGES (TERMS):

  • To improve readability, Zendesk has reorganized our MSA and reduced the number of hyperlinks throughout the agreement.
  • To avoid requiring customers to manage multiple separate agreements for various Zendesk services, Zendesk has modified our MSA to cover both “Innovation Services” and “Enterprise Services” and clarified related commitments. See below for more information about Zendesk products and services now covered under the MSA.
  • To assist customers with GDPR compliance, Zendesk has modified the MSA to provide a direct link to Zendesk’s signature-ready Data Processing Agreement.
  • Zendesk has introduced the term “Confidential Business Information” to better explain Zendesk’s obligations with respect to protecting non-Service Data confidential information exchanged between the parties.
  • To improve transparency, Zendesk has revised our description of Zendesk Notice of Data Practices (now set forth in Section 16).
  • We clarified how we handle feature and functionality deprecation to ensure that subscribers will receive commercially reasonable advance notice of any deprecation of any material feature or functionality.

KEY MSA CHANGES (PRODUCT)
As our product portfolio has grown, we have introduced the following terms into our MSA to support our subscribers’ use of these products:

  • We introduced terms for our Zendesk Sell product into the MSA (find out more about Zendesk Sell here).
  • We introduced terms for our Zendesk Sunshine Conversations product into the MSA (find out more about Zendesk Sunshine Conversations here).

Zendesk Benchmark is a feature in Support that allows subscribers to measure their customer support performance against their peers (for more information about Zendesk Benchmark, please click here). To support the growing popularity of the feature, Zendesk is changing Zendesk Benchmark from an opt-in feature to an opt-out feature, and adding language to the MSA clarify the opt-out process (for more information, please see Service-Specific Terms in Exhibit A to MSA).

CCPA ADDENDUM
In conjunction with the California Consumer Privacy Act (CCPA), which becomes effective January 1, 2020, Zendesk now provides a CCPA Addendum to our MSA for those subscribers who qualify as “businesses” under the CCPA. If you would like to review or execute our CCPA Addendum, please review the “CCPA” information here.

DATA PROCESSING AGREEMENT
Zendesk has revised its Data Processing Agreement to better describe Zendesk processes and procedures.

PRIVACY POLICY
Zendesk has modified its Privacy Policy to better describe our privacy practices and to address applicable requirements of the CCPA.

COOKIE POLICY
Zendesk has updated its Cookie Policy to reflect changes in cookie practices.

DATA DELETION POLICY
Zendesk has updated its Data Deletion Policy to add information relating to Zendesk Sell and Zendesk Sunshine Conversations.

SUB-PROCESSORS POLICY
Zendesk has updated its Sub-Processors Policy to add information relating to Zendesk Sell and Zendesk Sunshine Conversations.

PRIVACY AND DATA PROTECTION WEBSITE
Zendesk has updated its Privacy and Data Protection Website to expand responses to frequently asked questions about GDPR, CCPA and related privacy and security topics. Subscribers can now also access the Zendesk Data Processing Agreement and the Zendesk CCPA Addendum from this website.