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Zendesk states that it does not honor Do Not Track signals sent by web browsers, meaning users who enable DNT in their browser settings will not have that preference recognized by Zendesk's tracking technologies.
This analysis describes what Zendesk's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision discloses that browser-level DNT signals are not acted upon by Zendesk, which is relevant to users who rely on browser privacy settings as a primary opt-out mechanism. Whether this practice creates regulatory exposure depends on applicable state or national law requirements regarding DNT signal recognition.
Interpretive note: The regulatory consequence of DNT non-compliance depends on evolving state law requirements and CPPA enforcement guidance regarding mandatory opt-out signal recognition, which had not been fully settled as of the effective date of this notice.
Under this clause, enabling Do Not Track in a browser will not prevent Zendesk from tracking device activity across its digital properties. California residents and others seeking to limit tracking must use the specific opt-out steps described in the notice rather than browser-level signals.
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"Some tracking technologies enable us to track your device activity over time and across devices and websites. While some browsers have incorporated Do Not Track or DNT preferences, we do not honor such signals from web browsers at this time.Excerpt from Zendesk's Privacy Policy
1. REGULATORY LANDSCAPE: DNT non-compliance implicates the FTC's guidance on online behavioral tracking and transparency, as well as state privacy laws that may require recognition of opt-out preference signals. California's CPRA references compliance with 'commonly-used and recognized' opt-out signals, which may include Global Privacy Control (GPC) signals, though the notice addresses GPC separately with a conditional compliance statement. 2. GOVERNANCE EXPOSURE: Low to Medium. DNT non-compliance is widespread in the industry; however, the emergence of mandatory opt-out signal recognition requirements under CPRA and similar state laws may increase the regulatory significance of this disclosure over time. 3. JURISDICTION FLAGS: California's CPRA and rules promulgated by the CPPA may require recognition of opt-out preference signals including GPC. The notice's treatment of DNT as non-actionable while conditionally acknowledging GPC signals creates a distinction that legal teams should monitor as state enforcement evolves. 4. CONTRACT AND VENDOR IMPLICATIONS: Businesses using Zendesk's tracking technologies in their own customer-facing deployments should assess whether DNT non-compliance at the Zendesk platform level affects their own compliance obligations under applicable state privacy laws. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether Zendesk's conditional GPC compliance statement ('to the extent required by California law') satisfies CPPA regulatory requirements, and whether the DNT non-compliance disclosure requires updates to the organization's own privacy disclosures where Zendesk is embedded as a third-party technology.
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This provision discloses that browser-level DNT signals are not acted upon by Zendesk, which is relevant to users who rely on browser privacy settings as a primary opt-out mechanism. Whether this practice creates regulatory exposure depends on applicable state or national law requirements regarding DNT signal recognition.
Under this clause, enabling Do Not Track in a browser will not prevent Zendesk from tracking device activity across its digital properties. California residents and others seeking to limit tracking must use the specific opt-out steps described in the notice rather than browser-level signals.
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