Dear Electronic Signature Recipient,
This Data Processing Agreement (“DPA”) forms part of the Master Subscription Agreement (the “MSA”) entered into by and between Subscriber and Zendesk, Inc. , pursuant to which Subscriber has purchased a subscription to Zendesk’s software and services (“Service”, as described at www.zendesk.com).
The purpose of this DPA is to reflect the parties’ agreement with regard to the Processing of Personal Data, in accordance with the requirements of Applicable Data Protection Law. All capitalized terms not defined herein shall have the meaning set forth in the Master Subscription Agreement or the DPA, as applicable.
This DPA consists of two parts: (1) the main body of the DPA, and (2) the EU Standard Contractual Clauses. The DPA and the Standard Contractual Clauses have been pre-signed on behalf of Zendesk.
In the course of providing the Services to Subscriber pursuant to the MSA, the Zendesk Group may Process Personal Data on behalf of Subscriber and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
How This DPA Applies:
- If the Subscriber entity signing this DPA is a party to the MSA, this DPA forms part of the MSA. In such case, the Zendesk entity that is a party to the MSA is a party to this DPA.
- If the Subscriber entity signing this DPA has executed a Service Order Form with Zendesk or its Affiliate pursuant to the MSA, but is not itself a party to the MSA, this DPA is an addendum to that Service Order Form and applicable renewal Service Order Forms, and the Zendesk entity that is a party to such Service Order Form is a party to this DPA.
- If the Subscriber entity signing this DPA is neither a party to a Service Order Form nor the MSA, this DPA is not valid and is not legally binding. Such Subscriber entity should request that the Subscriber entity who is a party to the MSA execute this DPA.
- If the Subscriber entity signing the DPA is not a party to a Service Order Form or MSA directly with Zendesk, but is instead a customer of Zendesk via an authorized reseller of Zendesk services and subject to the Reseller Subscription Services Agreement, this DPA is valid and legally binding.
This DPA shall not replace any comparable or additional rights relating to Processing of Service Data contained in the MSA.
Please follow the instructions below to review and electronically sign the DPA.
How to execute this DPA:
Single Reviewer & Signatory
- If you are both the reviewer and the signatory of this DPA, click here and complete your details in the “Customer” field and click on “Begin Signing.”
Separate Reviewer & Signatory
- If you are reviewing this DPA but you are not the signatory, click here. Complete your details in the “Customer” field, and then provide the signatory’s details in “Customer Signer” and click on “Begin Signing.” You will have the ability to review and populate this DPA before sending to the signatory for execution.
To complete this DPA, Customer must complete the information required in Exhibit A as follows:
- Data Controller / Data Exporter: a brief description of Subscriber’s business activities.
- Special Categories data: This only needs to be populated if you anticipate using the Zendesk service for the processing of special categories of data. (Such categories include, for example, data pertaining to religious beliefs, sexual orientation, trade union membership, political views, criminal history. This may also include financial information such as credit card details, healthcare information or information relating to children).
Option to Download to Review Prior to Signing
You will have the option to download the DPA for review prior to completing the execution process. To do so, simply click on the “Download” icon located top centre of the page (see image below).
File Copy After Execution
Once you have completed the execution process, this DPA will become legally binding and you and the signatory will automatically receive a fully signed copy of the DPA for your files.
For additional information about our privacy practices, please visit: https://www.zendesk.com/company/privacy-and-data-protection/.
Should you have any questions, please contact firstname.lastname@example.org.