The notice states that Zendesk uses personal data to send marketing communications and provides an unsubscribe mechanism via email link or contact with privacy@zendesk.com, while retaining the right to send transactional or account-related communications regardless of marketing opt-out.
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 establishes the marketing communication opt-out mechanism and clarifies that transactional communications continue after opt-out, which is relevant for CAN-SPAM compliance in the US and ePrivacy Directive requirements in the EU for email marketing.
Under these terms, Zendesk may send marketing emails based on personal data collected, with opt-out available via unsubscribe link in each email or by contacting privacy@zendesk.com. The agreement states that account and transactional notices will continue regardless of marketing opt-out.
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"We may use your personal data to send you marketing communications about our products, services, and events. You can opt out of receiving marketing emails at any time by clicking the unsubscribe link in any marketing email we send you or by contacting us at privacy@zendesk.com. If you opt out of marketing communications, we may still send you non-marketing communications, such as notices about your account or transactions.— Excerpt from Zendesk's Zendesk Privacy Policy
(1) REGULATORY LANDSCAPE: Email marketing engages CAN-SPAM requirements in the US (including mandatory opt-out mechanisms and honoring of opt-out requests within 10 business days), ePrivacy Directive requirements in the EU for consent-based email marketing, and CASL in Canada. GDPR legitimate interest or consent is required as the basis for direct marketing to EU residents. (2) GOVERNANCE EXPOSURE: Low. The opt-out mechanism described is consistent with standard industry practice and applicable law. The carve-out for transactional communications is standard and does not require separate opt-out mechanisms under most frameworks. (3) JURISDICTION FLAGS: EU/EEA residents may be entitled to object to direct marketing based on legitimate interest under GDPR Article 21, which Zendesk is required to honor without requiring a legal basis for refusal. Canadian residents are subject to CASL, which requires express or implied consent for commercial electronic messages. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations that provide Zendesk with their employees' or customers' email addresses should confirm that Zendesk's use of those addresses for marketing is limited by the service provider restrictions in their DPA and does not extend to Zendesk's own marketing purposes without separate consent. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should confirm that unsubscribe requests sent to Zendesk are processed within the timeframe required by CAN-SPAM and equivalent frameworks, and that suppression lists are maintained to prevent re-marketing to opted-out contacts.
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This provision establishes the marketing communication opt-out mechanism and clarifies that transactional communications continue after opt-out, which is relevant for CAN-SPAM compliance in the US and ePrivacy Directive requirements in the EU for email marketing.
Under these terms, Zendesk may send marketing emails based on personal data collected, with opt-out available via unsubscribe link in each email or by contacting privacy@zendesk.com. The agreement states that account and transactional notices will continue regardless of marketing opt-out.
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