Zendesk Legal

Purpose of the GDPR Obligation

Ensure transparent communication with data subjects regarding the processing of their personal data.

Ensure data subjects are notified of their rights under the GDPR.

Features/Functionality to Work Toward Compliance with the GDPR Obligations That Affect You

Zendesk’s Master Subscription Agreement, Privacy Policy, and supporting policies provide a transparent notice to inform its customers.

In addition, Zendesk offers all three legal mechanisms for cross-border transfers of personal data from the EU, as detailed here.

Exceptions to the GDPR Obligation

A data controller is exempt from these obligations if it cannot identify which personal data in its possession relates to the relevant data subject (i.e., if personal data is anonymized and cannot be re-identified).

Purpose of the GDPR Obligation

Allow data subjects to require a data controller to rectify any errors in their personal data.

Features/Functionality to Work Toward Compliance with the GDPR Obligations That Affect You

Agents and End-Users have access to their profiles to amend inaccuracies within Zendesk Support, as detailed here for Agents and here for End-Users.

Exceptions to the GDPR Obligation

Provision of this right to a data subject should not adversely affect an organization’s intellectual property (i.e., giving access to a data subject should not require disclosure of trade secrets).

Purpose of the GDPR Obligation

Provide data subjects with the right to delete their personal data if the continued processing is not justified.

For example, you may need to delete your customer’s personal data to comply with your GDPR obligations.

Features/Functionality to Work Toward Compliance with the GDPR Obligations That Affect You

Zendesk Explore Subscribers can delete ticket data and Agent and End-User profile information by deleting the corresponding information in Zendesk Support. For more information, please refer to Complying with GDPR in Zendesk Explore.

Exceptions to the GDPR Obligation

A company is not required to delete data, except when one of the following reasons is present:

• The personal data is no longer needed in relation to the purposes for which it was collected or otherwise processed.
• The data subject withdraws consent, and there are no other legal grounds for processing.
• The data subject objects to processing, and there are no overriding legitimate grounds for processing.
• The personal data has been unlawfully processed.
• The personal data has to be erased for compliance with a legal obligation.
• The personal data has been collected in relation to the offer of information society services to a minor under 16 years old.

Purpose of the GDPR Obligation

Provide data subjects the right to limit the purposes for which the data controller can process personal data.

For example, your customer has filed a complaint or lawsuit against you, and it is your policy to stop processing while the complaint or lawsuit is pending.

Features/Functionality to Work Toward Compliance with the GDPR Obligations That Affect You

Zendesk has documented and implemented internal mechanisms for limiting the processing of personal data to only certain specified uses relating to Zendesk products and services. Functionality is currently available to suspend/unsuspend End-Users, as detailed here.

Exceptions to the GDPR Obligation

The requirement to restrict processing generally applies under the same circumstances as the right to be forgotten and/or when the following circumstances exist:

• The accuracy of the personal data is contested (and only for as long as it takes to verify that accuracy).
• The processing is unlawful, and the data subject requests restriction (and the data subject is not exercising the right to be forgotten).
• The data controller no longer needs the personal data for the original purpose but still requires it to establish, exercise, or defend a legal right.
• Verification of overriding ground is pending (in the context of a deletion request).

Purpose of the GDPR Obligation

Provide data subjects with the right to transfer their personal data between data controllers.

For example, your customer requests for you to export and provide them with all associated personal data that you store.

Features/Functionality to Work Toward Compliance with the GDPR Obligations That Affect You

Upon this product’s general availability, Zendesk Explore will support export capabilities for all data within Zendesk Explore (queries and dashboards).

Exceptions to the GDPR Obligation

Inferred and derived personal data (e.g., a credit score or health assessment) are not included because they are not “provided by the data subject.”

Data controllers are not obligated to retain personal data simply for the purposes of providing a copy of the personal data pursuant to a potential data subject request.

Purpose of the GDPR Obligation

Provide data subjects with the right to transfer their personal data between controllers.

Features/Functionality to Work Toward Compliance with the GDPR Obligations That Affect You

Zendesk has documented and implemented internal mechanisms to:

• Cease processing personal data based upon specific data subject requests, confirmed instructions by Zendesk’s customer in its capacity of data controller, and the particular reasoning for objecting to processing.
• Cease processing for direct marketing purposes upon request.
• Cease processing of personal data for scientific, historical, or statistical purposes.

Exceptions to the GDPR Obligation

Data controller must cease processing upon request unless:

• The data controller demonstrates compelling legitimate grounds for processing that override the interests, rights, and freedoms of the data subject.
• The data controller requires the data in order to establish, exercise, or defend legal rights.
• Processing for scientific, historical, or statistical purposes is carried out for reasons of public interest.