PRIVACY STATEMENT

Privacy Statement Effective as of August 7, 2013

TRUSTe online privacy certification

Desk.com (or the “Company”), a salesforce.com, inc. company, is committed to protecting the privacy of individuals who visit the Company’s Web sites and individuals who register to use the Services as defined below. This Privacy Statement describes Desk.com’s privacy practices in relation to the use of the Company’s Web sites and the related applications and services offered by Desk.com (the “Services”).

Desk.com has been awarded TRUSTe's Privacy Seal signifying that this Privacy Statement and related practices have been reviewed by TRUSTe for compliance with TRUSTe’s TRUSTed Cloud Program Requirements including transparency, accountability and choice regarding the collection and use of your Personal Information.

TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding this Privacy Statement or related practices, please contact us at privacy@desk.com. If you are not satisfied with our response you can contact TRUSTe here. The TRUSTe program does not cover information that may be collected through mobile devices or downloadable browser plugins.

Desk.com complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Desk.com has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Desk.com’s certification, please visit http://www.export.gov/safeharbor. As part of our participation in these Safe Harbor Frameworks, we have agreed to dispute resolution by TRUSTe for disputes relating to our compliance. If you have any questions or complaints regarding our compliance with the U.S.-EU Safe Harbor Framework or the U.S.-Swiss Safe Harbor Framework, please contact us at privacy@desk.com. If contacting us does not resolve the issue, again, you may raise the issue with TRUSTe here.

1. Web Sites Covered

This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement, including: http://www.desk.com (collectively referred to as “Desk.com’s Web sites” or “the Company’s Web sites”).


Desk.com’s Web sites may contain links to other Web sites. The information practices or the content of such other Web sites are governed by the privacy statements of such other Web sites. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.

2. Information Collected

Desk.com collects individually-identifiable information (“Personal Information”) from individuals who visit Desk.com’s Web site (“Web Site Visitors”) and individuals who register to use the Desk.com Services (“Customers”).

When expressing an interest in obtaining additional information about the Services or registering to use the Services, Desk.com requires you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Services, Desk.com may require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). Desk.com may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information about Customers are referred to collectively as “Data About Desk.com Customers”.

As you navigate the Company’s Web sites, Desk.com may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company’s Web sites (such as the Web pages viewed and the links clicked). For additional information about the collection of Web Site Navigational Information by Desk.com and others, please click here

3. Use of Information Collected

The Company uses Data About Desk.com Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.

The Company may also use Data About Desk.com Customers for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company, its affiliates, and its partners, such as information about promotions or events. Please view the Communications Preferences section of this Privacy Statement to control how your respective Data About Desk.com Customers is used for marketing purposes.

Desk.com uses Billing Information solely to check the financial qualifications and collect payment for the Desk.com Services.

Desk.com uses Web Site Navigational Information to operate and improve the Company’s Web sites. The Company may also use Web Site Navigational Information alone or in combination with Data About Desk.com Customers to provide personalized information about the Company. For additional information about the use of Web Site Navigational Information, please click here.

4. Web Site Navigational Information

Desk.com uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Web sites (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information used on the Company’s Web sites and how this information may be used.


Cookies


Desk.com uses cookies to make interactions with the Company’s Web sites easy and meaningful. When you visit one of the Company’s Web sites, Desk.com’s servers send a cookie to your computer. Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to Desk.com, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me”), you remain anonymous to the Company.


Desk.com uses cookies that are session-based and persistent-based. Session cookies exist only during one session, i.e., only while you are reading or navigating the Company’s Web Sites. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Web sites, but you may not be able to successfully use the Services.

The following sets out how Desk.com may use different categories of cookies and your options for managing cookies’ settings:



Type of Cookies

Description

Managing Settings

Required cookies

Required cookies enable you to navigate the Company’s Web sites and use its features, such as accessing secure areas of the Web sites and using Desk.com Services.

If you have chosen to identify yourself to Desk.com, the Company uses cookies containing encrypted information to allow the Company to uniquely identify you. Each time you log into the Services, a cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These cookies allow the Company to uniquely identify you when you are logged into the Services and to process your online transactions and requests.

Because required cookies are essential to operate the Company’s Web sites and the Services, there is no option to opt out of these cookies.

Performance cookies

These cookies collect information about how Visitors use our Web site, including which pages visitors go to most often and if they receive error messages from certain pages. These cookies do not collect information that individually identifies a Visitor. All information these cookies collect is aggregated and anonymous. It is only used to improve how the Company’s Web site functions and performs.

From time-to-time, Desk.com engages third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Web sites. Desk.com may also utilize Flash cookies for these purposes.

To learn how to opt out of performance cookies using your browser settings click here.

To learn how to manage privacy and storage settings for Flash cookies click here.

Functionality cookies

Functionality cookies allow the Company’s Web sites to remember information you have entered or choices you make (such as your username, language, or your region) and provide enhanced, more personal features. These cookies also enable you to optimize your use of Desk.com’s Services after logging in. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize.

Desk.com may use HTML 5 or Flash local shared objects (LSOs) to store your preferences or display content based upon what you view on our Web sites to personalize your visit.

To learn how to opt out of functionality cookies using your browser settings click here. Note that opting out may impact the functionality you receive when visiting Desk.com.

Various browsers may offer their own management tools for removing HTML5 LSOs. To learn how to manage privacy and storage settings for Flash LSOs click here.

Targeting or Advertising cookies

From time-to-time, Desk.com may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Web sites.

Desk.com may use cookies delivered by third parties to track the performance of Company advertisements. For example, these cookies remember which browsers have visited the Company’s Web sites. The information provided to third parties does not include Personal Information, but this information may be re-associated with Personal Information after the Company receives it.

Desk.com may also contract with third-party advertising networks that collect IP addresses and other information from the Company’s Web sites, from emails, and on third-party Web sites. Ad networks follow your online activities over time by collecting Web Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other Web sites. This process also helps us manage and track the effectiveness of our marketing efforts.

Third parties, with whom the Company may partner to provide certain features on our Web sites or to display advertising based upon your Web browsing activity, may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored.

To learn more about advertising networks and their opt out instructions, if any, click here and here.

To learn how to manage privacy and storage settings for Flash cookies click here.

Cookies that are used as part of the Services (in the proxy) may include cookies of a third party Web site that is being co-browsed, for example, in order to deliver the Web site as intended by the third party Web site operator. The cookie practices of such Web sites are governed by their own respective privacy statements. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.


Web Beacons


Desk.com, or third parties with whom we contract, may use Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Web sites and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, Desk.com may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Web sites. Desk.com uses Web beacons to operate and improve the Company’s Web sites and email communications.


IP Addresses and URLs


Due to Internet communications standards, when you visit or use Desk.com’s Web sites, we automatically receive the URL of the Web site from which you came and the Web site to which you go when you leave a Desk.com Web site. We also receive your computer’s Internet Protocol (IP) address (or the proxy server you use to access the World Wide Web), your computer operating system, the type of Web browser you are using, and your Internet Service Provider (ISP). This information is used to analyze overall trends to help us improve the Desk.com Service and to track and aggregate non-personal information. For example, Desk.com uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Web sites.

Desk.com may collect aggregated data regarding use of the Desk.com Services, including, without limitation, number of visitors to the Web site, frequency and patterns of use, tag usage, feedback request trends, etc. (“Aggregated Data”). Desk.com uses Aggregated Data as a statistical measure and not in a manner that would identify you personally. Aggregated Data enables us to determine how often certain parts of Desk.com’s Web site or the Desk.com Services are used so that we can improve them. Desk.com may make use of, or make such Aggregated Data available to, third parties, in any manner in our sole discretion.


Social Media Features

The Desk.com Web sites may use Social Media Features, such as the Facebook Like button. These features may collect your IP address and which page you are visiting on our Web site and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about your activities on this Web site to a profile page of yours that is provided by a third party Social Media network in order to share with others within your network. Social Media Features are either hosted by a third party or hosted directly on our Web site. Your interactions with these features are governed by the privacy policy of the company providing the relevant Social Media Features.

5. Public Forums, Refer a Friend, and Customer Testimonials

Desk.com may provide bulletin boards, blogs, or chat rooms on the Company’s Web sites. Any Personal Information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Desk.com is not responsible for the Personal Information you choose to submit in these forums.

Customers and Visitors may elect to use the Company’s referral program to inform friends about the Company’s Web sites. When using the referral program, the Company requests the friend’s name and email address. Desk.com will automatically send the friend a one-time email inviting him or her to visit the Company’s Web sites. Desk.com does not store this information.

Desk.com posts a list of Customers and testimonials on the Company’s Web sites that contain information such as Customer names and titles. Desk.com obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.

6. Sharing of Information Collected


Service Providers


Desk.com may share Data About Desk.com Customers with the Company’s contracted service providers, such a payment processors, so that these service providers can provide services on our behalf. Desk.com may also share Data About Desk.com Customers with the Company’s service providers to ensure the quality of information provided. Unless described in this Privacy Statement, Desk.com does not share, sell, rent, or trade any information with third parties for their promotional purposes.


Desk.com Affiliates


The Company may share Data About Desk.com Customers with other companies in order to work with them, including affiliates of the Desk.com corporate group. For example, the Company may need to share Data About Desk.com Customers for customer relationship management purposes.


Business Partners


From time to time, Desk.com may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from Desk.com, the Company may share Data About Desk.com Customers collected in connection with your purchase or expression of interest with our joint promotion partner(s). Desk.com does not control our business partners’ use of the Data About Desk.com Customers we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.


Billing


Desk.com may use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf.


Compelled Disclosure


Desk.com reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

7. International Transfer of Information Collected

To facilitate Desk.com’s global operations, the Company may transfer and access Data About Desk.com Customers from around the world, including the United States. This Privacy Statement shall apply even if Desk.com transfers Data About Desk.com Customers to other countries.

For European visitors to the Desk.com Web site and users of the Desk.com Services, please note that in order to provide the information or services requested, your Personal Information may be transferred outside of the European Economic Area (“EEA”). By visiting the Desk.com Web site or using the Desk.com Services, you agree to Desk.com transferring your Personal Information outside the EEA.

8. Communications Preferences

Desk.com offers Visitors and Customers who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may send a request specifying your communications preferences to unsubscribe@desk.com or visit http://www.desk.com/marketing/unsubscribe. Customers cannot opt out of receiving transactional emails related to their account with Desk.com or the Services.

9. Correcting and Updating Your Information

Customers may update or change their registration information by editing their user or organization record. To update a user profile, please login to http://www.desk.com with your Desk.com username and password and edit your user settings. To update an organization’s information, please login to http://www.desk.com with your Desk.com username and password and edit the organization’s settings.

To update Billing Information or have your registration information deleted, please email support@desk.com. To discontinue your account, please email support@desk.com. Requests to access, change, or delete your information will be handled within 30 days.

10. Data Retention

Desk.com retains the information we receive as described in this Privacy Statement, as well as the Customer Data we process on behalf of our Customers (as defined below), for reasonable duration, for example, as the case may be, for as long as needed to provide our Services, comply with our legal obligations, resolve disputes, establish legal defenses, to conduct audits, pursue legitimate business purposes, and enforce our agreements.

11. Customer Data

As part of using our Services, Customers may submit electronic data or information to the Services (“Customer Data”) that constitutes Personal Information of other individuals to us.  Such data may include an individual’s name, email address, or phone number.  Desk.com generally has no direct relationship with the individuals to whom Customer Data may pertain, which we process on the behalf of our Customers.  Any uses of Customer Data by the Company are done so pursuant to Desk.com’s Terms of Service or a subscription agreement in place between Desk.com and the relevant Customer (or his/her organization), which exclusively govern Desk.com’s treatment of Customer Data and supersede this Privacy Statement in case of conflict, or as required by law.  If Personal Information pertaining to you as an individual has been submitted to us by a Customer as Customer Data and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the Customer (or his/her organization) directly. If an authorized Customer requests that we update or remove the data in question and he or she has no ability to do so via use of the Services, we will acknowledge their request within 30 days.

12. Security

Desk.com takes precautions, including administrative, technical, and physical measures – to help safeguard Data About Desk.com Customers against loss, theft, and misuse as well as unauthorized access, disclosure, alteration, and destruction. While we follow generally accepted standards to protect information submitted to us, including the use of secure socket layer (SSL) technology, no method of storage or transmission is 100% secure.

Users are solely responsible for protecting their passwords, limiting access to their computers, and signing out of the Desk.com Services after their sessions.

13. Changes to this Privacy Statement

Desk.com reserves the right to change this Privacy Statement. Desk.com will provide notification of the material changes to this Privacy Statement through the Company’s Web sites at least thirty (30) business days prior to the change taking effect.

14. Contacting Us

Questions regarding this Privacy Statement or the information practices of the Company’s Web sites should be directed to Desk.com Privacy at privacy@desk.com or by mailing Desk.com  Privacy (c/o salesforce.com), The Landmark @ One Market Street, Suite 300, San Francisco, CA 94105.