The following country-specific terms may be applicable to Your use of the Service. During the Subscription Term, we may update these Region-Specific Terms without notice as legal requirements evolve and as We deem reasonably necessary.
Australia:
Notwithstanding anything to the contrary in this Agreement, any applicable rights You may have under Australian Consumer Law continue to apply in full force. This includes, but is not limited to, Sections 3.3, 3.5, 4.3, 11, 12.1, and 13 of this Agreement. “Australian Consumer Law” in this section means the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Where You are established in Australia or where Your Agents and End Users access the Services in Australia, the definition of Applicable Data Protection Law in this Agreement shall include the Australian Privacy Act 1988 (Commonwealth) and the Australian Privacy Principles with respect to such use of the Services in Australia.
You agree that You are responsible for notifying End-Users that Personal Data collected, stored, used and/or processed by the Zendesk Group, as described in this Agreement, is collected, stored, used and/or processed in compliance with the Australian Privacy Act 1988 (Commonwealth) and the Australian Privacy Principles as we further detail here: https://www.zendesk.com/company/anz-privacy/. You agree You will obtain consent from End-Users before collecting or inputting their “sensitive information” into the Services, where required and as defined by the Privacy Act. You are responsible for notifying End-Users that if they are dissatisfied with our handling of a complaint or do not agree with the resolution proposed by Us, 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, they may request that We pass on the details of their complaint to the OAIC directly.
In respect of disclosures or transfers of Service Data to a country outside Australia, the Zendesk Group 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 Australian Privacy Principles and the Privacy Act in respect of any Processing of Personal Data.
The Parties agree to cooperate in relation to the investigation and assessment of any relevant Service Data Breach, and in relation to any notification of such Service 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 this Agreement will prevent either Party from complying with its respective legal obligations under Applicable Data Protection Laws, including in respect of notifying a Regulatory Authority or individuals about a Service Data Breach.
Brazil:
You agree that You are responsible for notifying End-Users that Personal Data is collected, stored, used and/or processed by the Zendesk Group, as described in this Agreement and is collected, stored, used and/or processed in accordance with Brazilian Law No. 13,709/2018, as amended, as we further detail here: https://www.zendesk.com/company/agreements-and-terms/privacy-policy/.
Where You are established in Brazil or where Your Agents and End Users access the Services in Brazil, the definition of Applicable Data Protection Law in this Agreement shall include Brazilian Law No. 13,709/2018, as amended (LGPD), with respect to such use of the Services in Brazil.
Zendesk is currently in the process of testing the use of Brazilian Reais as payment currency. At Our sole discretion and only in exceptional cases, We may offer You Brazilian Reais (BRL) as the payment currency if the country associated with Your Account is Brazil and You have provided Us with a valid Brazilian Tax Registration Number (CPF/CNPJ number). In that case, the Agreement with Us governing Your use of Our Services will be updated to replace Zendesk, Inc. with the Zendesk entity identified below as service provider for Your eligible Brazilian account(s). Your continued use of Our Services constitutes Your acceptance of these terms. If Your billing address is located in Brazil but You have not provided Us with a valid Brazilian Tax Registration Number (CPF/CNPJ number) and/or You were not offered payment in Brazilian Reais, then Zendesk, Inc. remains the Zendesk contracting party for Your Account(s).
If You have an eligible Brazilian account, then:
(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 Subscriber, under Article 117 of Circular BCB No. 3,691/13 and other applicable regulations, with the purpose of remitting the Subscription Charges owed to Zendesk and receiving any chargebacks or refunds associated with the Subscription Charges, as applicable.
(ii) Tax invoices (NFS-e) will be issued in BRL;
(iii) Payment instructions will be displayed on the tax invoice;
(vi) Invoices may include local taxes on all taxable charges;
(vii) You shall be solely responsible for paying all taxes applicable to any import of products/services under the Agreement, currency conversion and execution of foreign exchange transactions;
(viii) You shall comply with all applicable ancillary obligations and instrumental duties required by the Brazilian tax authorities;
(ix) You are 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;
(x) Zendesk will not be responsible, under any circumstances, for the collection of any taxes owed by You as result of the import of products/services, currency conversion and/or performance of foreign exchange transactions;
(xi) All Notice should be addressed to the address listed in (i) above;
(xii) Governing law for the Agreement shall be Brazil; and
(xiii) The courts of the City of São Paulo, State of São Paulo shall have exclusive jurisdiction over the Agreement and any other related matters.
Further, in order to enable payment of the Subscription Charges in BRL, You grant specific powers to Zendesk and to Zendesk Br to, severally, to represent You 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, with powers to provide information and to execute foreign exchange agreements on the Your behalf, pursuant to 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), in order to remit abroad amounts associated with the Subscription Charges and other fees. Zendesk and Zendesk Br may, at their own discretion, delegate (substabelecer) to third parties the powers hereby granted by You, in whole or in part. This power-of-attorney shall remain in force for the entire Subscription Term.
Canada:
You agree that You are 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) will be collected, stored, used and/or processed by the Zendesk Group in compliance with the Zendesk Group’s obligations under PIPEDA.
Where You are established in Canada or where Your Agents and End Users access the Services in Canada, the definition of Applicable Data Protection Law in this Agreement shall include PIPEDA with respect to such use of the Services in Canada.
Japan:
You agree that You are responsible for (i) notifying the End-Users using Our Services via Your Account about how the Zendesk Group may use End-Users’ Personal Data as described in this Agreement; and (ii) obtaining prior consent from End-Users to disclose their Personal Data to Us where required by and in compliance with the Act on the Protection of Personal Information (APPI) in Japan and Applicable Data Protection Law.
Where You are established in Japan or where Your Agents and End Users access the Services in Japan, the definition of Applicable Data Protection Law in this Agreement shall include the Act on the Protection of Personal Information (Japan) with respect to such use of the Services in Japan.
New Zealand:
You agree that You are responsible for notifying End-Users that Personal Data collected, stored, used and/or processed by the Zendesk Group, as described in this Agreement, is collected, stored, used and/or processed in compliance with the New Zealand’s Privacy Act (2020) and its 13 Information Privacy Principles (NZ IPPs) as we further detail here: https://www.zendesk.com/company/anz-privacy/.
Singapore:
You agree that You are responsible for notifying End-Users that Personal Data collected, stored, used and/or processed by the Zendesk Group, as described in this Agreement, is collected, stored, used and/or processed in compliance with the Zendesk Group’s obligations under the Personal Data Protection Act 2012 of Singapore (“PDPA”) as we further detail here: https://www.zendesk.com/company/singapore-pdpa/.
United Kingdom:
Where You are established in the United Kingdom or where Your Agents and End Users access the Services in the United Kingdom, the definition of Applicable Data Protection Law in this Agreement shall include the Data Protection Act 2018 with respect to such use of the Services in the United Kingdom.
Switzerland:
Where You are established in Switzerland or where Your Agents and End Users access the Services in Switzerland, the definition of Applicable Data Protection Law in this Agreement shall include the Swiss Federal Act of 19 June 1992 on Data Protection with respect to such use of the Services in Switzerland.
California, United States:
You agree that You are responsible for (i) notifying End-Users that Personal Data collected, stored, used and/or processed by the Zendesk Group, as described in this Agreement, is collected, stored, used, and/or processed in compliance with the California Consumer Privacy Act (CCPA), as amended, and any regulations made under it and (ii) obtaining consent from End-Users where it is required under the foregoing.
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