The following country-specific terms may be applicable to Customer’s use of the Service. During the Subscription Term, Zendesk may update these Region-Specific Terms by updating this page as legal requirements evolve. Customers may subscribe to receive notifications of updates to these terms by clicking “follow” at the top of these terms. To the extent that these terms conflict with the terms in the Agreement or the Data Processing Agreement, these terms apply.
I. Privacy Related Terms
1. Australia:
If Customer is established in Australia or Customer’s Agents and End-Users access the Services in Australia, the definition of Applicable Data Protection Law in the Agreement includes the Australian Privacy Act 1988 (Commonwealth) and the Australian Privacy Principles (“APPs”).
Customer is responsible for notifying End-Users that Personal Data is collected, stored, used and/or processed by Zendesk in compliance with the APPs as further detailed here https://www.zendesk.com/company/anz-privacy/. Customer is responsible for (i) obtaining consent from End-Users before collecting or inputting their “sensitive information” into the Services, where required and as defined by the APPs, and (ii) notifying End-Users that if they are dissatisfied with Zendesk’s handling of a complaint or do not agree with the resolution proposed by Zendesk, they may make a complaint to the Office of the Australian Information Commissioner (“OAIC”) by contacting the OAIC using the methods listed on their website at http://www.oaic.gov.au. Alternatively, End-Users may request that Zendesk pass on the details of their complaint to the OAIC directly.
Regarding disclosures or transfers of Service Data to a country outside Australia, Zendesk has ensured that the recipient of the Service Data (and any onward third-party recipients) will comply with obligations that are substantively similar and at least as strict as, if not stricter than, those required by the APPs regarding any Processing of Personal Data.
The parties will cooperate in the investigation and assessment of any relevant personal data breach, and in relation to any notification of such personal data breach required to be made under any Applicable Data Protection Law to a regulator in any local or foreign jurisdiction, including without limitation the Office of the Australian Information Commissioner (each a “Regulatory Authority”), and to affected individuals. Any correspondence or notification to Regulatory Authorities and affected individuals must be in a form that is mutually agreed upon by both parties. However, nothing in the Agreement will prevent either party from complying with its respective legal obligations under Applicable Data Protection Laws, including notifying a Regulatory Authority or individuals about a personal data breach.
2. Brazil:
Customer is responsible for notifying End-Users that Personal Data is collected, stored, used and/or processed by Zendesk according to Brazilian Law No. 13,709/2018, as amended, as further detailed in the Privacy Notice.
If Customer is established in Brazil or Customer’s Agents and End-Users access the Services in Brazil, the definition of Applicable Data Protection Law in the Agreement includes Brazilian Law. No. 13,709/2018, as amended (“LGPD”).
3. Canada:
Customer is responsible for notifying End-Users that Personal Information (as the term is defined in the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”)) is collected, stored, used and/or processed by Zendesk in compliance with Zendesk’s obligations under PIPEDA.
If Customer is established in Canada or Customer’s Agents and End-Users access the Services in Canada, the definition of Applicable Data Protection Law in the Agreement includes PIPEDA.
4. Japan:
Within the scope of the Agreement and the DPA, Zendesk acts as a data processor as referred to in the Japanese Act on the Protection of Personal Information (“APPI”). The DPA applies the principles and technical and organizational measures designed to comply with the APPI.
Customer is responsible for (i) notifying End-Users about how Zendesk may use End-Users’ Personal Data as described in the Agreement; and (ii) obtaining prior consent from End-Users to disclose their Personal Data to Zendesk where required by and in compliance with the APPI.
If Customer is established in Japan or Customer’s Agents and End-Users access the Services in Japan, the definition of Applicable Data Protection Law in the Agreement includes the APPI.
5. New Zealand:
Customer is responsible for notifying End-Users that Personal Data collected, stored, used and/or processed by Zendesk in compliance with the New Zealand’s Privacy Act (2020) and its 13 Information Privacy Principles (“NZ IPPs”) as further detailed here https://www.zendesk.com/company/anz-privacy/.
6. Singapore:
Customer is responsible for notifying End-Users that Personal Data is collected, stored, used and/or processed by Zendesk in compliance with the Zendesk Group’s obligations under the Personal Data Protection Act 2012 of Singapore (“PDPA”) as further detailed here https://www.zendesk.com/company/singapore-pdpa/.
7. Switzerland:
If Customer is established in Switzerland or Customer’s Agents and End-Users access the Services in Switzerland, the definition of Applicable Data Protection Law in the Agreement includes the Swiss Federal Act of 19 June 1992 on Data Protection (“FADP”). Zendesk is certified under the Swiss Data Protection Framework to transfer applicable Personal Data.
If Customer relies on Standard Contractual Clauses, Section 3 (SCCs) of Annex III of the DPA applies to Personal Data governed by the FADP, provided that:
(i) Swiss Federal Data Protection and Information Commissioner (the “FDPIC”) is the competent supervisory authority for data transfers subject to the FADP.
(ii) References to “GDPR” in the EU SCCs will be understood as references to the FADP insofar as the data transfers are subject to the FADP.
(iii) For data transfers subject to both the FADP and GDPR, parallel supervision applies, with the FDPIC acting as the competent supervisory authority for the FADP.
(iv) In Clause 17, the EU SCCs are governed by the laws of Switzerland.
(v) In Clause 18(b), disputes will be resolved before the courts of Switzerland.
(vi) All references to Member State will be interpreted to include Switzerland and Data Subjects in Switzerland are not excluded from enforcing their rights in their place of habitual residence in accordance with Clause 18(c).
8. United Kingdom:
If Customer is established in the United Kingdom or Customer’s Agents and End-Users access the Services in the United Kingdom, the definition of Applicable Data Protection Law in the Agreement includes the Data Processing Act 2018. The selections made in the DPA for the UK Addendum apply.
9. United States - California:
Customer is responsible for (i) notifying End-Users that Personal Data is collected, stored, used and/or processed by Zendeskin compliance with the California Consumer Privacy Act, as amended, and any regulations made under it (“CCPA”) and (ii) obtaining consent from End-Users as required by the CCPA.
Zendesk agrees not to:
(i) retain, use, or disclose the Personal Data for any purpose other than for the business purposes specified in the Agreement, including to retain, use or disclose Personal Data for a commercial purpose other than the business purposes specified in the Agreement, DPA and other relevant agreement(s), or as otherwise permitted by CCPA;
(ii) retain, use, or disclose information outside of the direct business relationship between Zendesk and Subscriber;
(iii) combine Personal Data it receives from Subscriber with Personal Data it receives from, or on behalf of, another person or collects from its own interactions with data subjects, except to the extent necessary to perform the business purposes specified in the Agreement, DPA and other relevant agreement(s), and where permitted by the CCPA.
II. Commercial Terms
1. Australia:
Any applicable rights Customer has under Australian Consumer Law continue to apply including, but is not limited to, terms addressing termination for cause, refunds, Downgrades, warranties, indemnitees and limitation of liability. “Australian Consumer Law” in this Section means the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Brazil:
Zendesk may, at its sole discretion, offer payment in Brazilian Reais (“BRL”) if the country of Customer’s Account is Brazil and a valid Brazilian Tax Registration Number (CPF/CNPJ number) is provided to Zendesk (an “Eligible Brazilian Account”).
For Eligible Brazilian Accounts:
(i) The Zendesk contracting party shall be Zendesk Brasil Software Corporativo Ltda., a limited liability company incorporated in the Federative Republic of Brazil, with headquarters at the city of São Paulo, State of São Paulo, Brazil, at Rua Oscar Freire, nº 587, 4º e 5º andares, salas 04-101 e 05-101, Cerqueira César, CEP 01426-001, enrolled with the Brazilian tax payer (CNPJ/ME) under number 19.722.152/0001-26 (“Zendesk Br”), or any other legal entity appointed by Zendesk or Zendesk Br, may act as an international payment facilitator, under articles 132 et seq. of Circular No. 3,691/13, issued by the Central Bank of Brazil (“Circular BCB No. 3,691/13”), or as a collection agent on behalf of the Customer, under Article 117 of Circular BCB No. 3,691/13 and other applicable regulations, with the purpose of remitting the Charges owed to Zendesk and receiving any chargebacks or refunds associated with the Charges, as applicable.
(ii) Tax invoices (NFS-e) will be issued in BRL;
(iii) Payment instructions will be displayed on the tax invoice;
(iv) Invoices may include local taxes on all taxable charges;
(v) Customer is responsible for paying all taxes applicable to any import of products/services under the Agreement, currency conversion and execution of foreign exchange transactions;
(vi) Customer will comply with all applicable ancillary obligations and instrumental duties required by the Brazilian tax authorities;
(vii) Customer is responsible for submitting all documents and information required by Zendesk or Zendesk Br to evidence the legality and economic justification of the respective foreign exchange transactions, if necessary;
(viii) Zendesk is not responsible for the collection of any taxes owed by Customer as a result of the import of products/services, currency conversion and/or performance of foreign exchange transactions;
(ix) All Notices must be addressed to the address listed in (i);
(x) Governing law for the Agreement is Brazil; and
(xi) The courts of the City of São Paulo, State of São Paulo will have exclusive jurisdiction over the Agreement and any other related matters.
Further, to enable payment of the Charges in BRL, Customer grants specific powers to Zendesk and Zendesk Br, severally, to (a) represent Customer before financial institutions and agents authorized to operate in the Brazilian foreign exchange market in accordance with articles 653 et seq. of the Brazilian Civil Code, (b) provide information and execute foreign exchange agreements on Customer’s behalf under the foreign exchange laws and regulations in force (including, but not limited to article 117 of the Circular BCB 3,691/13 and other applicable regulations), and (c) remit abroad amounts associated with the Charges and other fees. Zendesk and Zendesk Br may, at their discretion, delegate (substabelecer) to third parties the powers granted by Customer, in whole or in part. This power-of-attorney will remain in force for the entire Subscription Term.
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