Legal Information and Resources
Zendesk prioritizes customer trust. We know that customer data is important to our customers’ values and operations. That is why we keep it private and safe.
Zendesk supports thousands of customers in over 160 countries and territories. Our customers entrust us with large amounts of sensitive information, stemming from a wide range of industries including healthcare, financial services, government, and technology.
Zendesk helps customers maintain control of their privacy and data security in a myriad of ways:
Data Security: We provide our customers compliance with high security standards, such as encryption of data in motion over public networks, auditing standards (SOC 2, ISO 27001, ISO 27018), Distributed Denial of Service (“DDoS”) mitigations, and a Support team that is on-call 24/7.
Disclosure of Customer Service Data: Zendesk only discloses Service Data to third parties where disclosure is necessary to provide the services or as required to respond to lawful requests from public authorities.
Trust: Zendesk has developed security protections and control processes to help our customers ensure a secure environment for their information. Independent third-party experts have confirmed Zendesk’s adherence to high industry standards.
Data Hosting Locality: Customers who purchase the Data Center Location Deployed Associated Service (“Data Center Location Add-on”) have the ability to select the region (from the available Zendesk regional options) where the data center which hosts their Service Data is located.
Access Management: Zendesk provides an advanced set of access and encryption features to help customers effectively protect their information. We do not access or use customer content for any purpose other than providing, maintaining and improving the Zendesk services and as otherwise required by law.
What is Service Data?
Service Data is any information, including personal data, which is stored in or transmitted via the Zendesk services, by, or on behalf of, our customers and their end-users.
Who owns and controls Service Data?
From a privacy perspective, the customer is the controller of Service Data, and Zendesk is a processor. This means that throughout the time that a customer subscribes to services with Zendesk, the customer retains ownership of and control over Service Data in its account.
Who are Zendesk’s sub-processors?
Zendesk maintains an up-to-date list of the names and locations of all sub-processors (including members of the Zendesk Group and third parties) used for hosting or other processing of Service Data, which can be found here. The list includes the ability for our customers to sign up for notifications of changes. The list also may be obtained by contacting [email protected].
How does Zendesk use Service Data?
We use Service Data to operate and improve our services, help customers access and use the services, respond to customer inquiries, and send communication related to the services.
What steps does Zendesk take to secure Service Data?
Zendesk prioritizes data security and combines enterprise-class security features with comprehensive audits of our applications, systems, and networks to ensure customer and business data is always protected.
For example, Zendesk servers are hosted at Tier IV or III+, SSAE-16, PCI DSS, or ISO 27001 compliant facilities. Additionally, we engage third-party security experts to perform detailed penetration tests on a periodic basis, and our Support team is on call 24/7 to respond to security alerts and events.
Where will Service Data be stored?
Zendesk has data centers in three main regions — United States, Asia Pacific, and the European Union. Service Data may be stored in any region. Customers can select the region in which data centers that host certain of their Service Data are located by purchasing the Data Center Locality Add-On. Please see the Regional Data Hosting Policy for additional information.
How does Zendesk Respond to Information Requests
Zendesk recognizes that privacy and data security issues are top priorities for customers.
Zendesk has achieved a number of internationally-recognized certifications and accreditations demonstrating compliance with third-party assurance frameworks as described on our Security site.
Where we need to act publicly to protect customers, we do. Zendesk has voiced its support for the USA Liberty Act that seeks to reform the surveillance program under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”).
How does Zendesk respond to legal requests for Service Data?
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose personal data to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information with relevant law enforcement agencies or public authorities if we believe same to be necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Master Subscription Agreement, or as otherwise required by law.
Since our inception, Zendesk’s approach has been anchored with a strong commitment to privacy, security, compliance and transparency. This approach includes supporting our customers’ compliance with EU data protection requirements, including those set out in the General Data Protection Regulation (“GDPR”), which replaced the EU Data Protection Directive (also known as “Directive 95/46/EC“) and became enforceable on May 25, 2018.
If a company collects, transmits, hosts or analyzes personal data of EU citizens, GDPR requires the company to use third-party data processors who guarantee their ability to implement the technical and organizational requirements of the GDPR. To further earn our customers’ trust, our DPA has been updated to provide our customers with contractual commitments regarding our compliance with applicable EU data protection law and to implement additional contractual provisions required by the GDPR. Our contractual commitments guarantee that customers can:
Respond to requests from data subjects to correct, amend or delete personal data.
Be made aware of and report personal data breaches to relevant supervisory authorities and data subjects in accordance with GDPR timeframes.
Demonstrate their compliance with the GDPR as pertaining to Zendesk’s Services.
Zendesk GDPR Product Readiness
The General Data Protection Regulation (GDPR), which went into effect on May 25, 2018, provides data subjects with an array of privacy rights, which provide individuals with greater transparency into and control over uses of their personal information.
At this point, you may be asking how Zendesk’s products align with these privacy rights and where you can learn more about the features and functionality made available in Zendesk’s products that support a GDPR compliance program.
Click on the Zendesk products below to see the features and functionality available in each of Zendesk’s products that can support GDPR compliance.
What is the GDPR?
The General Data Protection Regulation (“GDPR”) is the European privacy regulation which replaced the EU Data Protection Directive (“Directive 95/46/EC”). The GDPR addresses the processing of personal data and the free movement of such data. It aims to strengthen the security and protection of personal data in the EU and harmonize EU data protection law. Broadly, it sets out a number of data protection principles and requirements which must be adhered to when personal data is processed.
The GDPR also established the European Data Protection Board (“EPDB”), which ensures that the data protection law is applied consistently across the EU and works to ensure effective cooperation amongst data protection authorities.
How does the GDPR apply to customers?
Zendesk customers that collect and store personal data are considered data controllers under the GDPR. Data controllers bear the primary responsibility for ensuring that their processing of personal data is compliant with relevant EU data protection law, including the GDPR.
What implications does GDPR have for organizations processing the personal data of EU citizens?
One of the key aspects of the GDPR is that it creates consistency across EU member states on how personal data can be processed, used, and exchanged securely. Organizations need to demonstrate the security of the data they are processing and their compliance with GDPR on a continual basis, by implementing and regularly reviewing robust technical and organizational measures, as well as compliance policies.
How has Zendesk been preparing for the GDPR?
Zendesk is compliant with the GDPR as of May 2018. Our privacy team has been working with customers around the world to answer their questions and to help them use Zendesk’s Services since the GDPR became effective. Additionally, our privacy team is continuing its review of Zendesk’s current product features and practices to ensure we support our customers with their GDPR compliance requirements.
How can Zendesk customers prepare for GDPR enforcement?
Zendesk encourages customers to review their privacy and data security processes and policies to ensure compliance with the GDPR. Data controllers bear the primary responsibility for ensuring that their processing of personal data is compliant with EU data protection law. Below are some key points to consider for GDPR compliance:
Geographical Application: The GDPR may apply to organizations that are established in the EU as well as certain organizations established outside the EU but which are processing the personal data of EU citizens, depending on their activities.
Rights of End-Users: Organizations should be cognizant of End-Users whose personal data they may be processing. The GDPR establishes enhanced rights for End-Users, and organizations should be able to accommodate those rights.
Data Breach Notifications: Organizations that are controllers of personal data should have clear processes in place in order to comply with the GDPR requirement to report data breaches in accordance with the time frames set out within the GDPR. Zendesk will notify affected customers without undue delay if we become aware of a data breach of our services.
Appointment of Data Protection Officer (“DPO”): Customers may need to appoint DPOs to manage issues relating to the processing of personal data.
Data Processing Agreement (“DPA”): Where personal data is transferred outside the EEA, a customer may need DPAs in place with its sub-processors to ensure an adequate level of protection for the transferred data. Zendesk’s DPA addresses GDPR and can be obtained by submitting a request to [email protected]
Data Protection Impact Assessment (“DPIA”): DPIAs usually describe organizations data processes and protective measures, particularly those that may be risky. For data processing activities, customers need to conduct and file with authorities a DPIA.
Which Zendesk services and features can support customers compliance with the GDPR?
Customers can use Zendesk’s third-party ISO certifications and SOC 2 audit reports to help conduct their risk assessments and determine whether appropriate technical and organizational measures are in place. For additional information, please see the Zendesk Security website.
Below are examples of specific Zendesk product features that customers can utilize to assist with the GDPR compliance program. Through our Advanced Security Deployed Associated Service, customers can choose to obtain enhanced features, including enhanced disaster recovery and encryption, as well as the ability to configure for the Health Insurance Portability and Accountability Act (“HIPAA”).
Currently available features for specific Zendesk products can be found in the questions/answers below.
ISO 27001:2013 certified
ISO 27018:2014 certified
Dynamic scanning of live applications
Static scanning of code repositories
Encryption of data in motion over public networks
Encryption of certain data at rest with AES256
Does Zendesk currently provide any product specific Features/Functionality in its products to assist us with our GDPR compliance program?
More detailed information on how to use Zendesk products to stay compliant with GDPR can be found via our Help Center here.
What is a Data Processing Agreement (“DPA”)?
Zendesk offers customers a robust Data Processing Agreement (“DPA”), governing the relationship between the customer (acting as a data controller) and Zendesk (acting as a data processor). The DPA facilitates Zendesk’s customers’ compliance with their obligations under EU data protection law. Our DPA contains strong privacy commitments that few software companies can match, and has been updated to confirm our compliance with the GDPR. Our DPA contains data transfer frameworks to ensure that our customers can lawfully transfer personal data to Zendesk outside of the European Union by relying on one of three mechanisms: our Binding Corporate Rules, our Privacy Shield certification, or Standard Contractual Clauses.
What are the “Model Clauses”?
The European Commission has approved a set of standard provisions called the Standard Contractual Clauses (“Model Clauses”) which provide a data controller a compliant mechanism to transfer personal data to a data processor outside the European Economic Area (“EEA”). The Model Clauses are appended to the Zendesk DPA to help provide adequate protection for data transfer outside of the EEA or Switzerland.
Does Zendesk replicate the Service Data it stores?
Zendesk periodically replicates data for purposes of archival, backup and audit logs. We use Amazon Web Services (AWS) to store some of the information that is backed up, such as database information and attachment files. Please see our Regional Data Hosting Policy for further details.
Does Service Data hosted in the EU region ever leave that region?
Zendesk customers who purchase the Data Center Location Add-on have the ability to select the region (from the available Zendesk regional options) where the data center which hosts their Service Data is located. Please see our Regional Data Hosting Policy for further details. Otherwise, Zendesk may utilize any of the global data centers it uses to host Service Data.
Binding Corporate Rules
What are Binding Corporate Rules?
Binding Corporate Rules (“BCRs”) are company-wide data protection policies approved by European data protection authorities to facilitate intra-group transfers of personal data from the European Economic Area (“EEA”) to countries outside the EEA. BCRs are based on strict privacy principles established by European Union data protection authorities and require intensive consultation with those authorities. Customers can find the full list of approved entities on the Binding Corporate Rules Approved List, here.
Does Zendesk have approved BCRs in place?
Yes, Zendesk has completed the EU approval process with the Irish Data Protection Commissioner (“DPC”) (peer reviewed by both the UK Information Commissioner’s Office and the Dutch Data Protection Authority) for its global Binding Corporate Rules (BCRs) as data processor and controller. This significant regulatory approval validates Zendesk’s implementation of the highest possible standards for protecting personal data globally, covering both the personal data of its customers and its employees.
Zendesk is one of only a few software companies in the world to have received approval for its BCRs; and just the second company ever to receive approval from the Irish DPC.
To access Zendesk’s BCRs, please follow the relevant links below:
– Zendesk’s Processor Binding Corporate Rules (which apply when Zendesk’s processes personal data on behalf of its customers); and
– Zendesk’s Controller Global Binding Corporate Rules (which apply when Zendesk processes personal data for which it is a data controller).
What is the Privacy Shield?
The U.S. Department of Commerce, with the European Commission and the Swiss government, created the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to provide companies with a mechanism to transfer personal data from the European Union to the United States in a manner that provides an adequate level of protection for the purpose of European data protection law.
Is Zendesk certified under the Privacy Shield?
Zendesk has certified its compliance with the EU-U.S. and Swiss-U.S. Privacy Shield frameworks to the U.S. Department of Commerce and has been added to the Department of Commerce’s list of self-certified Privacy Shield participants. Our certifications confirm that we comply with the Privacy Shield Principles for the transfer of European and Swiss personal data to the United States.
This is great news for our customers, providing them with an even better data transfer mechanism than the former U.S.-EU and U.S.-Swiss Safe Harbor Frameworks. Zendesk moved quickly to adopt the Privacy Shield principles as part of our ongoing commitment to privacy and protecting our customers’ data.
U.S. Department of Commerce Privacy Shield Website: https://www.privacyshield.gov/welcome.
Directive 95/46/EC: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:l14012.
General Data Protection Regulation (GDPR): http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679.
The International Association of Privacy Professionals: https://iapp.org.
United Kingdom Information Commissioner’s Office’s “Preparing for the GDPR”: https://ico.org.uk/media/1624219/preparing-for-the-gdpr-12-steps.pdf.
Last updated 17 September 2018