·Beta Program - Terms of Use

·Updated on August 18, 2023

·PLEASE READ THESE BETA PROGRAM TERMS OF USE (THIS "AGREEMENT") CAREFULLY. THIS AGREEMENT IS BETWEEN YOU AND ZOOM COMMUNICATIONS, INC., AND ITS AFFILIATES ("ZOOM") AND GOVERNS YOUR PARTICIPATION IN THE BETA PROGRAM ("BETA PROGRAM") AND YOUR ACCESS TO, EVALUATION, AND USE OF THE BETA PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY ZOOM AS PART OF THE BETA PROGRAM. BY ACCEPTING THESE TERMS AND CONDITIONS OR ACCESSING OR USING ANY BETA PRODUCTS OR SERVICES, YOU AGREE TO PARTICIPATE IN THE BETA PROGRAM AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

·YOU MAY ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR ON BEHALF OF A LEGAL ENTITY. IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU ARE A DULY AUTHORIZED REPRESENTATIVE WITH THE AUTHORITY TO BIND THAT LEGAL ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. ALL REFERENCES TO "YOU" AND "YOUR" IN THIS AGREEMENT MEAN THE PERSON ACCEPTING THESE TERMS AS AN INDIVIDUAL OR THE LEGAL ENTITY FOR WHICH THE REPRESENTATIVE IS ACTING, AS THE CASE MAY BE.

·PLEASE BE ADVISED: THIS AGREEMENT INCLUDES AN EXCLUSION OF CERTAIN TYPES OF DAMAGES AND AN AGGREGATE LIMITATION ON LIABILITY THAT OPERATES AS A RELEASE AND WAIVER OF YOUR ABILITY TO RECOVER CERTAIN DAMAGES FROM ZOOM. THIS AGREEMENT ALSO INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 18 (AGREEMENT TO ARBITRATE CLAIMS AND CLASS ACTION WAIVER) BELOW.

• 1Beta Offering Support The beta offering includes any hardware, software, product, service, feature, functionality, or other technology that is either integrated with another offering or provided on a stand-alone basis by Zoom and has been designated by Zoom as part of its Beta Program (each, a "Beta Offering"). Each Beta Offering may be more fully described in documentation provided to You by Zoom at the time You are given access to the Beta Offering. Zoom does not offer any service level agreement for a Beta Offering and Zoom is not obligated to provide any maintenance or technical support. Zoom reserves the right to modify, abandon, or impose any limitations on the use of any Beta Offering at any time, with or without notice, and without any obligation or liability.
• 2Eligibility; Participation Subject to Zoom's prior approval, You may participate in the Beta Program upon request or by Zoom's invitation. You must always meet the Zoom-determined eligibility criteria during the Term (as defined in Section 5 (Term and Termination of Agreement; Effect of Termination). Eligibility criteria includes, without limitation, that You are a customer in good standing with Zoom and have purchased any underlying Zoom services that are required to use the Beta Offering. If You cease to meet Zoom's eligibility criteria, then Zoom may immediately terminate Your participation in the Beta Program, Your access to any Beta Offering, or both. You shall provide any information required by Zoom and, if required, create an account to use the Beta Offering. You shall follow all instructions from Zoom in order to access, use, and create an account for the Beta Offering. You shall provide and maintain current, complete, and accurate information as requested by Zoom. You shall maintain the confidentiality and security of any password that is created or maintained as part of using a Beta Offering. You shall notify Zoom immediately of any unauthorized use of any password or account or of any suspected breach of the account's security.
• 3Right to Use; License Grant Zoom grants You a right to access and use, during the Term, each Beta Offering provided by Zoom to You. To the extent that access to or use of a Beta Offering requires or allows for You to download, use, or install software, Zoom grants You a nonexclusive, nontransferable, nonassignable, nonsublicensable, royalty-free license to the software for Your internal use solely to access and use the Beta Offering during the Term. You acknowledge that Your rights under this Section 3 (Right to Use; License Grant) are revocable in Zoom's sole discretion.
• 4Changes to Beta Offering; Suspension, Discontinuance, and Termination of Access and Use You acknowledge and agree that the form and nature of the Beta Offering, Beta Program, or both, may change from time to time without prior notice to You. Notwithstanding any provision set forth in this Agreement, Zoom may terminate, limit, disconnect, deny access to, discontinue, abandon, modify, or suspend Your or any of Your end users' use of a Beta Offering, participation in the Beta Program, or both, at any time, in Zoom's sole discretion, with or without notice and without any obligation or liability to You, Your end users, or any third party. You acknowledge that Your or Your end user's breach of Section 6 (Acceptable Use; Prohibited Uses), including a violation of Zoom's Acceptable Use Guidelines, may result in immediate suspension, disconnection, or termination of access to the Beta Offering.
• 5Term and Termination of Agreement; Effect of Termination The term ("Term") of this Agreement commences as of the date of You first access or use a Beta Offering and continues until terminated by a party as set forth below. Zoom may terminate this Agreement at any time, with or without cause, upon delivery of written notice to You. For the sake of clarity and not limitation, Zoom may terminate this Agreement with cause immediately in the event of a violation of Section 6 (Acceptable Use; Prohibited Uses) or any other material term of this Agreement by You or any of Your end users. You may terminate this Agreement at any time, with or without cause, by delivering at least thirty (30) days prior written notice to Zoom. Upon any termination of this Agreement, all rights granted herein to use and access the Beta Offerings terminate and You and Your end users shall immediately: (i) cease use of all Beta Offerings and (ii) return or destroy all of Zoom's Confidential Information (as defined in Section 9 (Confidential Information)) and, if requested in writing by Zoom, provide Zoom with written certification of the same.
• 6Acceptable Use; Prohibited Uses
• 6.1You agree that use of the Beta Offerings by You and Your end users is subject to Zoom's applicable guides, statements, notices, and policies located at zoom.us/legal including, without limitation, the Acceptable Use Guidelines, Privacy Statement, 911 U.S. Notice, 911 Canada Notice, EU Emergency Calling Notice, and Government Requests Guide, each of which may be updated or modified from time to time. You agree that You shall not, and shall not permit any of Your end users to: (i) make, use, or offer a Beta Offering for lease, rent, or sale, or reproduce, resell, distribute, lend, use on a timeshare or service bureau basis, or otherwise charge fees to other parties for use of the Beta Offering; (ii) modify, customize, disassemble, decompile, prepare derivative works of, create improvements, derive innovations from, reverse engineer, or attempt to gain access to any underlying technology of the Beta Offerings (e.g., any source code, process, data set or database, management tool, development tool, server or hosting site, etc.); (iii) knowingly or negligently use the Beta Offerings in a way that abuses, interferes with, or disrupts Zoom's networks; (iv) engage in activity that is illegal, fraudulent, false, or misleading; or (v) use the Beta Offerings in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
• 6.2You agree not to use the Beta Offerings for highly sensitive or confidential communications, unless Zoom (i) provides its express prior written agreement to the contrary or (ii) makes the Beta Offering directly available to You in a production environment for use with production data. Unless (i) or (ii) in the foregoing sentence applies, You shall not use any Beta Offerings for the receipt, use, maintenance, disclosure, storage, transmission, or processing of any regulated data, including, without limitation, electronic protected health information (as defined under the rules and regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996), personal data, personal information, personally identifiable information, financial data, education records, or similar sensitive information.
• 7As-Is; Disclaimer of Warranties ZOOM AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY BETA OFFERING, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF A BETA OFFERING. TO THE EXTENT ZOOM CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT THE BETA OFFERING IS BEING PROVIDED AND MADE AVAILABLE ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. YOU AGREE THAT THE BETA OFFERING: (A) IS NOT COMPLETE IN DEVELOPMENT AND HAS NOT BEEN COMMERCIALLY RELEASED FOR SALE BY ZOOM; (B) MAY NOT BE FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, INCLUDING PROBLEMS THAT MAY ADVERSELY IMPACT THE OPERATION OF YOUR INFRASTRUCTURE OR SERVICES PROVIDED BY ZOOM OR ANOTHER PARTY; (C) MAY NOT BE RELIABLE; (D) MAY NOT HAVE BEEN EVALUATED FOR REGULATORY COMPLIANCE AND MAY NOT MEET REQUIREMENTS FOR TRANSMITTING, STORING, CREATING, OR OTHERWISE PROCESSING ELECTRONIC PROTECTED HEALTH INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, PERSONAL INFORMATION, OR OTHER SENSITIVE OR CONFIDENTIAL INFORMATION; (E) WHEN USED, MAY RESULT IN UNEXPECTED RESULTS, LOSS OF CONTENT OR DATA, OR OTHER UNPREDICTABLE DAMAGE OR LOSS TO YOU. ZOOM EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR DATA ACCESSED OR USED IN CONNECTION WITH A BETA OFFERING.
• 8Compliance with Laws; Consents You are solely responsible for compliance with all laws that apply to Your participation in the Beta Program and the use, access, and receipt of a Beta Offering, including, but not limited to, laws requiring You to provide proper end user notifications and to obtain proper end user consents, which may be necessary to allow Zoom and third parties authorized by You or Zoom to access, process and use Content (as defined in Section 12 (Content)). You shall comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export, anti-bribery, foreign corrupt practices, intellectual property, and privacy laws and regulations, in connection with Your performance of Your obligations under this Agreement, including access to and use of the Beta Offerings. You are solely responsible for Your end users' access to and use of the Beta Offerings in compliance with this Agreement and all applicable law.
• 9Confidential Information You and Zoom agree to keep confidential all non-public, proprietary, or confidential information that You and Zoom provide to each other in connection with the performance of this Agreement, the Beta Program, or any Beta Offering. You and Zoom further agree to disclose Confidential Information (as defined in this Section 9 (Confidential Information)) that You or Zoom receive under this Agreement only to those employees, advisors, and attorneys of Yours or Zoom's, as the case may be, who have a strict need to know the information being shared and who are bound by legal or contractual obligations to protect the confidentiality and security of the Confidential Information that are at least as restrictive as the obligations set forth in this Agreement. "Confidential Information" includes, without limitation, business information, development plans, product roadmap details, systems, strategic plans, source code, services, products, pricing, methods, processes, financial data, programs, trade secrets, know-how, and marketing plans in any form that are designated as "confidential" or a reasonable person knows or reasonably should understand to be confidential. Notwithstanding the restrictions in this Section 9 (Confidential Information), You and Zoom may each disclose Confidential Information received under this Agreement to the extent required by law, regulation, or court order, provided You or Zoom, as the case may be, first (i) notifies the other party, unless providing such notice is prohibited by the applicable legal authority, and (ii) cooperates with reasonable requests of the other party in order to seek a protective order or otherwise prevent or limit the disclosure of the information to third parties. You and Zoom shall keep all Confidential Information received under this Agreement in the strictest confidence until such time as, and only to the extent that, such information is (a) already rightfully known to You or Zoom at the time it is received, free from any obligation to keep such information confidential; (b) or becomes publicly known or available through no wrongful act of You or Zoom or any third party; (c) rightfully received from a third party without restriction and without breach of this Agreement; or (d) developed by You or Zoom without the use of any proprietary, non-public information received under this Agreement. You and Zoom shall each take reasonable steps to maintain the privacy and security of the Confidential Information that You and Zoom receive, using measures that are at least as protective as those taken to protect information of a similar sensitivity that belongs to You or Zoom, but in no event using less than a reasonable standard of care. In the event of any unauthorized use or disclosure of the other party's Confidential Information, You and Zoom agree to provide notice the affected party of such unauthorized use or disclosure and cooperate to regain control of, and to prevent further unauthorized use or disclosure of, the Confidential Information.
• 10Proprietary Rights You acknowledge and agree that Zoom owns all legal right, title, and interest in and to the Beta Program and each Beta Offering, Feedback, and any and all intellectual property (and other proprietary) rights therein or arising therefrom, including, but not limited to, any and all copyrights, patents, patent applications, trade secrets, trademarks, and other rights therein. To the extent You have the right to enforce or license any intellectual property (or other proprietary) rights needed for Zoom's exercise of the rights specified to it under this Agreement, You hereby grant to Zoom a perpetual, irrevocable, sublicensable, royalty-free, worldwide license under such rights to exercise (including to utilize the subject matter of) such Zoom rights. Except for the license and other rights expressly granted to You in this Agreement, You acknowledge that nothing contained in this Agreement shall be deemed to give You, directly or by implication, estoppel, or otherwise, any rights, forbearances, or waivers under any intellectual property (or other proprietary) rights of Zoom. Each Beta Offering is made available for purposes of evaluation and feedback in order to allow Zoom to create improvements for the benefit of You and others, but without any financial compensation or reimbursement of any kind from Zoom. You acknowledge the importance of communication with Zoom while participating in the Beta Program and agree to receive correspondence and updates from Zoom. You shall provide reasonable feedback and information, as requested. In the event You request to opt out from such communications, Your participation in the Beta Program, Your access to a Beta Offering, or both, may be canceled. During the Beta Program, You and Your end users will be asked to provide feedback and information regarding the use of the Beta Offering, and You acknowledge that Zoom owns, and shall retain ownership of, all right, title, and interest in any suggestions, ideas, know-how, concepts, enhancements, feedback, recommendations or other information provided by You or any other party relating to a Beta Offering or the Beta Program, including without limitation, new features or functionality relating thereto (collectively, "Feedback"). Zoom or its licensors own and shall retain all proprietary rights, including all copyright, patent, trade secret, trademark, trade name, and all other intellectual property rights in and to each Beta Offering and the Feedback. You hereby assign to Zoom all right, title, and interest in, and Zoom is free to use without any attribution or compensation to You, any Feedback relating to a Beta Offering or underlying technology of a Beta Offering. All Feedback is and will be treated as confidential until Zoom, in its sole discretion, chooses to make any specific Feedback non-confidential.
• 11Zoom Phone Services; Emergency Calling Services; Charges You are responsible for all fees and charges imposed by telephone carriers, wireless providers, and other voice, data transmission providers, or similar carriers or providers for voice and data transmission used to access and use a Beta Offering. If a Beta Offering involves the use of Zoom phone services, that Beta Offering may not be intended for, or provide emergency services connectivity for, some or all of the Beta Offering, and You agree to provide or continue emergency services access via another service and to inform end users in the Beta Program that emergency calling is not available through the Beta Offering and to use the alternative access method. To the fullest extent allowed by law, Zoom specifically disclaims any liability for emergency calling services applicable to a Beta Offering.
• 12Content You or Your end user may provide, upload, or originate data, content, or other materials in the use of a Beta Offering, which may be imported, accessed, used, stored, transmitted, reviewed, extracted, or processed by Zoom based on instructions from You or the nature of the Beta Offering (collectively, "Content"). Content also includes any resulting derivatives, analytics, outputs, visual text, displays, or data sets created by Zoom resulting from the data, content, or other materials or sources provided by You or Your end user. You consent to Zoom use of Content for the following reasons (the "Permitted Uses"): (i) consistent with this Agreement and as required to perform our obligations and provide the Beta Offering; (ii) in accordance with our Privacy Statement; (iii) as authorized or instructed by You; (iv) as required by Law; or (v) for legal, safety or security purposes, including enforcing our Acceptable Use Guidelines. You grant Zoom a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license and all other rights required or necessary for the Permitted Uses. You further agree that Zoom owns all rights, title, and interest in and to telemetry data, product usage data, diagnostic data, and similar data that Zoom collects or generates in connection with Your or Your End Users' use of the Beta Offering. Zoom may use consultants, contractors, service providers, subprocessors, and other Zoom-authorized third parties in connection with the delivery of the Beta Offering. You are responsible for any claims relating to any Content, including claims that Content violates the rights of another. Zoom reserves the right to remove from the Beta Offering or its systems any Content that creates a risk to Zoom, as determined by Zoom. You agree that Zoom has no responsibility or liability for the deletion or failure to store Content and other communications maintained or transmitted through use of a Beta Offering. You are solely responsible for securing and backing up Content. Wherever possible, You shall use "dummy data" in a nonproduction environment. You represent and warrant that, prior to making any Content available through Your use of a Beta Offering, You have obtained all necessary consents with respect to the Content for participation in the Beta Program and use of the Beta Offering, including, without limitation, for the sharing of such Content with Zoom, its employees, consultants, and its authorized third parties. You acknowledge that Zoom may provide a customizable sample notice for Your use in connection with a Beta Offering, but that You are ultimately responsible for assuring compliance with applicable privacy and data security requirements, including, without limitation, providing sufficient notice to meeting participants regarding the collection and use of Content by You, Zoom, and others as required by applicable law. Zoom may also access, use, preserve, or disclose account information and Content if legally required to do so or on a good faith belief that such access, use, preservation, or disclosure is reasonably necessary to comply with legal process or request; to enforce this Agreement; to detect or prevent fraud, security, or technical issues; or to protect the rights, property, or safety of Zoom, its end users, customers, or the public as permitted by law.
• 13General Availability; Future Roadmap Zoom may, in its sole discretion and at any time, choose to make a Beta Offering generally available to the public and remove the Beta Offering from the Beta Program. Prior to Zoom making a Beta Offering generally available, Zoom makes no representation that the Beta Offering will comply with any potentially applicable laws (including regulations) during the Beta Program. You acknowledge that (i) additional laws and regulations may apply to a Beta Offering upon general release, and (ii) You may be required to accept additional contract terms, pay for access to the generally available version of a Beta Offering to enable continued use, or both. You acknowledge that participation is voluntary and for the sole purpose of assisting and benefiting Zoom in the advancement of the Beta Program and Beta Offering. You acknowledge that (a) Zoom has not made any representations, promises, or guarantees that a Beta Offering will ever be announced or made generally available or otherwise available to anyone, and (b) Zoom has no express or implied obligation to You to announce or make a Beta Offering generally available or otherwise available. Any future plans or roadmap information provided during the Beta Program is intended solely to outline general product direction and should not be relied on in making a purchasing decision and does not represent a commitment or legal obligation to deliver any material, code, or functionality. Future plans or roadmap information is intended for informational purposes only and may not be incorporated into any contract. Any forward-looking indication of plans for products, including the development, release, and timing of any features or functionality, is preliminary and all future release dates are tentative and are subject to change without notice. You acknowledge that a Beta Offering or a Beta Program could be or include material nonpublic information, and therefore, You shall not offer to sell, sell, or otherwise enter into any transaction in connection with Zoom stock to the extent You are aware of or in the possession of any of Zoom's material nonpublic information.
• 14Indemnification You shall defend, indemnify, and hold harmless Zoom, its Affiliates, and their respective officers, directors, members, employees, consultants, agents, suppliers and representatives from any third-party allegations, suits, claims, or demands and associated liabilities, costs, damages, and expenses (including, but not limited to, attorneys' fees, expert fees, and court costs) (collectively, "Claims") arising from or related to Your or Your end users': (a) violation of this Agreement; (b) infringement or violation of the intellectual property rights of another; (c) violation of any law; or (d) act or omission resulting in personal injury or property damage.
• 15LIMITATION ON LIABILITY Please read this section carefully as it limits the liability of Zoom to You. IN NO EVENT WILL ZOOM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER RESULTING FROM A TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY, OR OTHER FORM OF ACTION, AND INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, AND EVEN IF YOU HAVE ADVISED ZOOM OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS AGREEMENT, AND THAT THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
• 16International Use; Export Controls; Sanctions You acknowledge that the Beta Offerings, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws ("Export Control and Sanctions Laws"). You shall not, and shall not permit any of Your end users of a Beta Offering, to access, use, export, re-export, divert, transfer, or disclose any part of a Beta Offering or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation. You represent and warrant that: (i) You and Your end users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that You and Your end users will not access or use a Beta Offering, or export, re-export, divert, or transfer a Beta Offering, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; and (ii) You and Your end users located in China, Russia, or Venezuela are not Military end users and will not put Zoom's Beta Offerings to a Military end user, as defined in 15 C.F.R. 744.21. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.
• 17Commercial Agreements; Data Processing Addendum; US Privacy Law Addendum
• 17.1The parties intend for this Agreement to be separate and distinct from a master subscription agreement, terms of service, and any other agreement for Zoom services (each, a "Commercial Agreement") that You may have with Zoom and this Agreement does not become part of, modify, supersede, or amend any Commercial Agreement between You and Zoom. You acknowledge that the terms and conditions of this Agreement govern and control Your use of and access to a Beta Offering and Your participation in the Beta Program and not any Commercial Agreement nor any beta terms that may be contained in a Commercial Agreement.
• 17.2If You are a business, enterprise, or education account owner and Your use of the Beta Offering requires Zoom to process personal data of Your end users under a data processing agreement or addendum ("DPA") in accordance with Section 6(b), then You acknowledge and agree that Zoom will process such personal data subject to Zoom's Global Data Processing Addendum (unless You and Zoom have previously entered into a DPA under a Commercial Agreement or otherwise, in which case Your previously entered into DPA will govern) and such DPA is hereby incorporated into and made a part of this Agreement solely for such purposes.
• 17.3If You (i) are a "business" and we process "personal information" (as those terms are defined by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020) on Your behalf, (ii) are a "controller" and Zoom processes "personal data" (as those terms are defined by other applicable US state data privacy laws) on Your behalf, or (iii) meet both criteria set out in (i) and (ii), then Zoom's US State Law Privacy Addendum is incorporated herein by reference and applies to Zoom's "processing" of Your "personal information" and "personal data" (as those terms are defined under the aforementioned laws).
• 18AGREEMENT TO ARBITRATE CLAIMS AND CLASS ACTION WAIVER You agree to resolve disputes with Zoom through binding arbitration before the American Arbitration Association ("AAA"). Arbitration means that an arbitrator, and not a judge or a jury, will decide the dispute. This Agreement also prevents You from bringing or participating in any kind of class, collective, or mass action, private attorney general action, or any other proceeding brought against Zoom by someone else.
• 18.1Covered Disputes You agree that any dispute or claim arising between You and Zoom concerning the Beta Program, the Beta Offering, including any related software, hardware, advertising or marketing communications related to the subject matter herein, will be resolved by binding arbitration, rather than in court.
• 18.2Exceptions to Arbitration This Agreement does not require arbitration of the following types of claims: (1) small claims court actions brought by either You or Zoom, if the requirements of the court are met and the claims are only on an individual basis; and (2) claims pertaining to domain names or intellectual property rights, including trademarks, trade dress, trade secrets, copyrights, and patents.
• 18.3Arbitration Procedure The AAA will conduct any arbitration under its Commercial Arbitration Rules unless You are an individual and use the Beta Offering for personal or household use, in which case AAA's Consumer Arbitration Rules will apply. Visit www.adr.org for more information. In the event of a conflict between any applicable AAA rules and the terms of this Agreement, the terms of this Agreement will govern to the extent necessary to resolve the conflict. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum and, if they cannot agree, will ask the court to appoint an arbitrator pursuant to 9 U.S.C. § 5. Arbitration hearings will take place in one of the following locations: (i) where You reside or use the Beta Offering, (ii) in San Jose, California, or (iii) in another location that You and Zoom agree upon in writing. A single arbitrator will be appointed. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys' fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
• 18.4Arbitration Fees Your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in AAA's rules. If You have a gross monthly income of less than 300% of the federal poverty guidelines, You are entitled to a waiver of arbitration fees and costs. If You cannot afford to pay AAA's fees and AAA denies Your request for a waiver of fees, Zoom will pay them for You.
• 18.5Requirement to File Within One Year Notwithstanding any other statute of limitations, and exclusive of any claims or causes of action that are subject to Section 18(b) (Exceptions to Arbitration), any claim or cause of action under this Agreement must be filed within one (1) year after such claim or cause of action arose or else that claim or cause of action will be permanently barred.
• 18.6Severability of Class Action Waiver If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration.
• 19Miscellaneous Terms
• 19.1Notice Zoom may give notice by (i) electronic mail to Your e-mail address on record in Your account information, (ii) written communication sent by letter delivered by a nationally recognized overnight delivery service, or (iii) first-class postage prepaid mail to Your address on record in Your account information. You may give notice to Zoom (such notice shall be deemed given when received by Zoom) by (x) letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail to Zoom at 55 Almaden Blvd, San Jose, CA, 95113, Suite 600, USA, addressed to the attention of: Legal or (y) email to legal@zoom.us, addressed to the attention of: Legal.
• 19.2No Agency Relationship The parties do not intend for this Agreement to create an express or implicit agency relationship in accordance with federal or state common law of agency. Each party is intended to be an independent contractor and no agency relationship is created under this Agreement.
• 19.3No Third-Party Rights or Remedies This Agreement does not and is not intended to confer any enforceable rights or remedies upon any person other than Zoom and You.
• 19.4Assignment; Successors and Assigns You may not assign Your rights or transfer any of Your obligations under this Agreement without the express written consent of Zoom and such consent may be granted or withheld in Zoom's sole discretion. Zoom may assign its rights or transfer any or all of its obligations under this Agreement at any time, without prior notice to You. Any purported assignment or transfer in violation of this section is null and void. This Agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors and assigns.
• 19.5Changes to this Agreement; Additional Terms Zoom reserves the right to modify the terms and conditions of this Agreement from time to time, and Zoom will use commercially reasonable efforts to communicate any material change to You. Use of the Beta Offering may require acceptance of new, modified, or additional terms of use from time-to-time by and through You, Your administrator, or other account owner. By continuing to use the Beta Offering or participate in the Beta Program and not issuing a notice of termination of this Agreement, unless expressly prohibited by law, You agree that such actions will be deemed acceptance of, and Your agreement to be bound by, any such new, modified, or additional terms.
• 19.6Merger; Conflicts The parties intend for this Agreement to constitute the final agreement between the parties, and that it is the complete and exclusive expression of the parties' agreement on the matters contained herein. All prior or contemporaneous writings, negotiations, and discussions between the parties with respect to its subject matter are expressly merged and superseded by this Agreement. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, or agreement of the other party except to the extent expressly contained in this Agreement. In the event of a conflict between any other agreement between the parties and this Agreement with respect to the subject matter of this Agreement, the terms of this Agreement will control. You acknowledge that no text or information set forth on any purchase order, preprinted form, or other document can add to or vary the terms and conditions of this Agreement.
• 19.7Severability If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the parties do not intend for this determination to affect or impair the validity, legality, and enforceability of the remaining provisions of this Agreement in any way.
• 19.8Survival All sections of this Agreement which, by their nature should survive termination will survive termination, including, without limitation, sections pertaining to confidential information, any payment obligations, warranty disclaimers, indemnification, arbitration, and the limitation on liability.
• 19.9Governing Law; Forum Selection The laws of the State of California, U.S.A., regardless of conflict of laws principles, govern all matters arising out of or relating to this Agreement, except that the Federal Arbitration Act governs provisions relating to arbitration. Except as otherwise provided in Section 18 (Agreement to Arbitrate Claims and Class Action Waiver), the parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Santa Clara County, California and the federal courts in the Northern District of California. Notwithstanding the above, the parties agree that this paragraph does not preclude either party from initiating any legal, administrative, or regulatory proceedings (including nullity proceedings) before the Patent or Trademark Trial and Appeal Boards, the United States Patent and Trademark Office, the United States Copyright Office, any foreign patent, copyright, or trademark office, or any other such foreign or domestic administrative or regulatory body, regarding the validity or enforceability of any copyright, patent, trade secret, trademark or other intellectual property right assigned to either party to this Agreement.
• 19.10Ambiguity and Headings The parties intend that any ambiguity in this Agreement will be resolved and interpreted as closely as possible to meet the intent of the parties. The captions and headings appearing in this Agreement are for reference only and are not intended to be considered in construing this Agreement.

·Zoom Privacy Statement

·Last updated: September 17, 2026

·This Privacy Statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide products and services offered directly by Zoom Communications, Inc. ("Zoom"), including Zoom's websites, its meetings, webinars, and messaging platform, related collaborative features, and Zoom App Marketplace ("Zoom products and services" or "products and services"). Zoom products and services covered in this Privacy Statement do not include products or services developed by Zoom that are covered under a separate privacy policy (including those listed here). California residents, please see our California Privacy Notice at Collection, and California & Other U.S. State Privacy Rights sections.

·What Personal Data Do We Receive?

·Personal data is any information from or about an identified or identifiable person, including information that Zoom can associate with an individual person. We may collect, or process on behalf of our customers, the following categories of personal data when you use or interact with Zoom products and services:

• ·Account Information: Information associated with an account that licenses Zoom products and services, which may include administrator name, contact information, account ID, billing and transaction information, and account plan information.
• ·Profile and Participant Information: Information associated with the Zoom profile of a user who uses Zoom products and services under a licensed account or that is provided by an unlicensed participant joining a meeting, which may include name, display name, picture, email address, phone number, job information, stated locale, user ID, or other information provided by the user and/or their account owner.
• ·Contact Information: Contact information added by accounts and/or their licensed end users to create contact lists on Zoom products and services, which may include contact information a user integrates from a third-party app, or provided by users to process referral invitations.
• ·Settings: Information associated with the preferences and settings on a Zoom account or user profile, which may include audio and video settings, recording file location, screen sharing settings, and other settings and configuration information.
• ·Registration Information: Information provided when registering for a Zoom meeting, webinar, Zoom Room, or recording, which may include name and contact information, responses to registration questions, and other registration information requested by the host.
• ·Device Information: Information about the computers, phones, and other devices used when interacting with Zoom products and services, which may include information about the speakers, microphone, camera, OS version, hard disk ID, PC name, MAC address, IP address (which may be used to infer general location at a city or country level), device attributes (like operating system version and battery level), WiFi information, and other device information (like Bluetooth signals).
• ·Content and Context from Meetings, Webinars, Messaging, and Other Collaborative Features: Content generated in meetings, webinars, messages, or through other Zoom products and services to which customer has subscribed ("Customer Content"), which may include audio, video, in-meeting messages, in-meeting and out-of-meeting whiteboards, chat messaging content, transcriptions, transcript edits and recommendations, responses to account owner / host-sponsored post-meeting or webinar feedback requests, responses to polls and Q&A, and files, as well as related context, such as invitation details, meeting or chat name, or meeting agenda. Customer Content may contain your voice and image, depending on the account owner's settings, what you choose to share, your settings, and what you do on Zoom products and services. As referenced below, Zoom employees do not access or use Customer Content without the authorization of the hosting account owner, or as required for legal, safety, security or support reasons.
• ·Usage Information Regarding Meetings, Webinars, Messaging, Collaborative Features and the Website: Information about how people and their devices interact with Zoom products and services, such as: when participants join and leave a meeting; whether participants sent messages and who they message with; performance data; mouse movements, clicks, keystrokes or actions (such as mute/unmute or video on/off), edits to transcript text, where authorized by the account owner and other inputs that help Zoom to understand feature usage, improve product design, and suggest features; which third-party apps are added to a meeting or other product or service and what information and actions the app is authorized to access and perform; use of third-party apps and the Zoom App Marketplace; features used (such as screen sharing, emojis, or filters); and other usage information and metrics. This also includes information about when and how people visit and interact with Zoom's websites, including what pages are accessed, interaction with website features including Zoom's website's virtual chat feature, and whether or not the person signed up for a Zoom product or service. Some usage data collection is optional and may be controlled by your Diagnostic Data Preferences Setting.
• ·Limited Information from Zoom Email and Calendar Services: "Zoom Email" refers to Zoom's native email service and emails sent from Zoom's native email service. Zoom Email is designed to be end-to-end encrypted by Zoom by default for emails sent and received directly between active Zoom Email users. Support for end-to-end encryption requires Zoom Email users to have added a device to their Zoom Email account with the associated email address and to use a supported Zoom client. When an email is end-to-end encrypted, only the users, and, depending on their settings, account owners, or designated account administrators control the encryption key and therefore access to the email content, including body text, subject line, attachments and custom labels applied to messages by users in their inboxes. Emails sent to or received from non-Zoom Email users are encrypted after the email is sent or received from Zoom's servers, if the Zoom Email user chooses to send them with encryption. In all cases, Zoom does have access to email metadata used for basic email delivery-specifically, email addresses in the from, to, cc, and bcc fields, time, mimeID, and the number and size of attachments. From use of Zoom's native calendar service, Zoom receives information regarding meeting invitations, body text, sender and recipients, and other calendar information.
• ·Content from Third-Party Integrations: Account owners and/or their licensed end users can access emails, calendars, files and other information from third-party services through their Zoom client, if they choose to integrate them. This information is not end-to-end encrypted by Zoom, but Zoom employees do not access the contents of third-party-service email, calendar entries, files or other information, unless authorized to, or required for legal, safety, security or support purposes. If account owners and/or their licensed end users integrate their third-party emails, calendars, files and/or other information with products and services offered or powered by Zoom, then Zoom may collect or process Customer Content and email, calendar, files and other information, including content, headers, titles, and metadata, from such third-party services.
• ·Communications with Zoom: Information about, and contents of, your communications with Zoom, including relating to support questions, website virtual chats, your account, feedback provided by users to Zoom about Zoom's products and services (which is owned by Zoom), and other inquiries.
• ·Information from Partners: Zoom obtains information about account owners and their users from third-party companies, such as market data enrichment services, including information about an account owner's company size or industry, contact information, or activity of certain enterprise domains. Zoom may also obtain information from third-party advertising partners that deliver ads displayed on Zoom products and services, such as whether you clicked on an ad they showed you.

·In certain jurisdictions, some of the personal data Zoom receives may be considered sensitive. Please see "California & Other U.S. State Privacy Rights" for more information.

·How Do We Use Personal Data?

·Zoom employees do not access or use Customer Content including meeting, webinar, messaging, or email content (specifically, audio, video, files, in-meeting whiteboards, messaging, or email contents), or any content generated or shared as part of other collaborative features (such as out-of-meeting whiteboards), unless authorized by the account owner hosting the Zoom product or service where the Customer Content was generated, or as required for legal, safety, security or support purposes. Zoom does not use any of your audio, video, chat, screen sharing, attachments or other communications-like Customer Content (such as poll results, whiteboard and reactions) to train Zoom's or its third-party artificial intelligence models.

·As discussed below, and where technically feasible, Zoom uses personal data to conduct the following activities:

• ·Provide Zoom Products and Services: To provide products and services to account owners, their licensed end users, and those they invite to join meetings and webinars hosted on their accounts, including to customize Zoom products and services and recommendations for accounts of their users. Zoom also uses personal data to determine what products and services may be available in your location, and uses personal data, including contact information, to route invitations, messages, or Zoom Emails to recipients when users send or receive invitations, messages, or Zoom Emails using Zoom products and services. This may also include using personal data for customer support, which may include accessing audio, video, files, messages, and other content or context, including information you provide through Zoom's website's virtual chat feature, at the direction of the account owner or their users. We also use personal data to manage our relationships and contracts with account owners and others, including billing, compliance with contractual obligations, facilitating payment to third-party developers in relation to purchases made through the Zoom App Marketplace, and related administration.
• ·Local Device Video Features: If you elect to enable certain video features, if available in your area, such as filters, studio effects, avatars, and gestures, information about your movements or the positioning of your face or hands may be processed on your device to apply the selected features. Such data does not leave your device, is not retained, cannot be used to identify you, and is only used to generate the selected effects.
• ·Enhanced Features: If you elect to enable certain features and you provide the requisite consent, Zoom may process data about your unique physical characteristics, including your facial geometry and /or voiceprint, for the purpose of offering the features. This data will be deleted when no longer necessary, adequate, or relevant to offering the features or when two years have passed since your last interaction with Zoom, whichever occurs first. Your account owner or administrator may need to enable these features before you can elect to enable them and/or may have the ability to disable the features on your behalf.
• ·Intelligent Features: Zoom provides intelligent features and products to its customers, their licensed end users and guests, such as Zoom AI or other tools to recommend chat, email, or other content, including content from third-party integrations. These tools may use artificial intelligence, machine learning, or other technology to process Customer Content and context solely to provide the intelligent features.
• ·Product Research and Development: If authorized by any applicable settings, to develop, test, and improve Zoom products and services, and to troubleshoot products and services. Zoom does not use any of your audio, video, chat, screen sharing, attachments or other communications-like Customer Content (such as poll results, whiteboard and reactions) to train Zoom's or its third-party artificial intelligence models.
• ·Marketing and Promotions: If authorized by any applicable settings, to permit Zoom and/or its third party marketing partners to market, advertise, and promote Zoom products and services, including based on your product usage, information we receive from third-party partners, information you provide to process referral invitations, or if you visit our websites, information about how and when you visit, and your interactions with them. We may also use this information to provide advertisements to you relating to Zoom products and services or to engage third party partners to analyze your interactions on our website or app or to deliver advertising to you. Zoom does not use Customer Content for any marketing or promotions.
• ·Authentication, Integrity, Security, and Safety: To authenticate accounts and activity, detect, investigate, and prevent malicious conduct, fraudulent activity or unsafe experiences, address security threats, protect public safety, and secure Zoom products and services. Zoom uses advanced tools to automatically scan certain types of content such as virtual backgrounds, profile images, incoming emails to Zoom's native email service from someone who is not a Zoom Email user, and files uploaded or exchanged through chat, for the purpose detecting and preventing violations of our terms or policies and illegal or other harmful activity.
• ·Communicate with You: We use personal data (including contact information, and information you provide through Zoom's website's virtual chat feature, including the content of the messages) to communicate with you about Zoom products and services, including product updates, your account, and changes to our policies and terms. We also use your information to respond to you when you contact us.
• ·Legal Purposes: To comply with applicable law or respond to valid legal process, including from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, protect you, us, and others from fraudulent, malicious, deceptive, abusive, or unlawful activities, and to enforce or investigate potential violations of our Terms of Service or policies.

·How Do We Share Personal Data?

·Zoom provides personal data to third parties only with consent or in one of the following circumstances (subject to your prior consent where required under applicable law):

• ·Resellers: If an account owner licensed or purchased Zoom products and services from a third-party reseller of Zoom products and services, the reseller may be able to access personal data and content for users, including meetings, webinars, and messages hosted by the account owner.
• ·Vendors: Zoom works with third-party service providers to provide, support, and improve Zoom products and services and technical infrastructure, and for business services such as payment processing, including in relation to purchases made through the Zoom App Marketplace. Zoom may also work with third-party service providers to provide advertisements and business analytics regarding Zoom products and services. These vendors can access personal data subject to contractual and technical requirements for protecting personal data and prohibiting them from using personal data for any purpose other than to provide services to Zoom or as required by law. Zoom may integrate third-party technology to provide advanced features, such as Apple's TrueDepth technology, to process information on your device about your face or hand dimensions and gestures to provide video effects. This information is processed on your device, and such information is neither received nor stored by either the third party, or Zoom.
• ·For Legal Purposes: Zoom may share personal data as needed to: (1) comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; (2) enforce or investigate potential violations of its Terms of Service or policies; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; (4) meet our corporate and social responsibility commitments; (5) protect our and our customers' rights and property; and (6) resolve disputes and enforce agreements.
• ·Marketing, Advertising, and Analytics Partners: Zoom uses third-party marketing, advertising, and analytics providers: to provide statistics and analysis about how people are using Zoom products and services, including our website; and to provide advertising and marketing for Zoom products and services, including targeted advertising based on your use of our website. These third-party partners may receive information about your activities on Zoom's website through third-party cookies and similar technologies placed on Zoom's website. To opt out of our use of third-party cookies that share data with these partners, visit our cookie management tool, available in Cookies Settings. Where required by law, Zoom will first obtain your consent before engaging in the marketing or advertising activities described. Zoom will not share mobile opt-in data or consent collected through text messaging campaigns with third parties, except as necessary to provide the messaging service requested by the user or as required by law.
• ·Corporate Affiliates: Zoom shares personal information with corporate affiliates, such as Zoom Voice Communications, Inc., to provide integrated and consistent experiences across Zoom products and services (such as enabling an account owner or their user to integrate a Zoom Phone call into a meeting) and to detect, investigate, and prevent fraud, abuse, and threats to public safety.
• ·Change of Control: We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Zoom's business or assets, including in connection with bankruptcy or similar proceedings.
• ·Third-Party Developers: If you purchase a third-party app or integration from the Zoom App Marketplace, Zoom may share information about the purchase with the third-party developer, to provide the app or integration.

·Who Can See, Share, and Process My Personal Data When I Join Meetings and Use Other Zoom Products and Services?

·When you send messages or join meetings and webinars or use other collaborative features on Zoom, other people and organizations, including third parties outside the meeting, webinar, message, or other collaborative features, may be able to see, share, and process content and information that you share:

• ·Account Owner: An account owner is the organization or individual that signs up for a Zoom account. Typically, an account owner designates one or more people (called an "administrator") to manage their account and can grant privileges to users on the account. Depending on their license with Zoom, the account owner can authorize additional users on their account, and the account owner can create and/or access the profile information for all users on their account. The account owner and their users can invite others (including guests not on their account and unlicensed participants) to meetings or webinars hosted on their account. Zoom gives account owners controls and features that they can use to determine whether certain types of content, such as recordings or Zoom Team Chat messages, can be created or sent, and what third-party apps can be used, for meetings and webinars hosted on their account. Depending on their settings, account owners and the users they designate can access personal data for participants who join meetings and webinars on their account or send messages to users on their account. Account owners may also be able to determine what information Zoom and others can access and use. Specifically, account owners may have access to:
• ·Account Usage:
• ·Product Usage: Information about how users and their devices interact with their account, which may include who sent messages to their users in chat, email addresses, IP addresses, device information, and other information about who joined meetings or webinars on their account, whether their users viewed or downloaded a recording, how long participants participated in their meetings, the time a message was sent, information about integrations, and other usage information and feedback metrics.
• ·Participant List: Information about the participants in a Zoom meeting, webinar, or chat, which may include name, display name, email address, phone number, and participant or user ID.
• ·Registration Information: Information provided during registration for a webinar, meeting, Zoom Room, or recording hosted by the account.
• ·Zoom Team Chat and Out-of-Meeting Collaborations: If enabled on their account, account owners and those they authorize can see information about who sent and received Zoom Team Chat messages, including synced in-meeting messages (e.g., from a dedicated meeting group chat that is synced with Zoom Team Chat), to users on their account, along with information about the message (for example, date and time, and number of members or participants). Depending on their settings, account owners also can see sender and receiver information, and other messaging data, along with the content of messages sent to and from users on their account (including from in-meeting chat where dedicated meeting group chats are enabled), unless the account owner has enabled Advanced Chat Encryption. Depending on their settings, account owners and those they authorize may also see the content shared through collaborative features, including whiteboards, files, and images shared in Zoom Team Chat.
• ·In-Meeting/Webinar Messages: Depending on their settings, account owners can see sender and receiver information, along with the content of messages sent to and from users on their account, in the following circumstances:
• ·Messages sent to Everyone in a meeting that is recorded
• ·Messages sent to the meeting group chat in a meeting when a dedicated meeting group chat is enabled
• ·Messages sent to panelists in a webinar that is recorded
• ·Messages sent in dedicated meeting group chats in Team Chat
• ·Direct messages if the account owner has enabled archiving
• ·If a participant in a meeting is subject to archiving, their account owner will have access to messages sent to Everyone in the meeting, as well as direct messages sent to that participant. If a participant who is a member of a dedicated meeting group chat is subject to archiving, the member's account owner will have access to the meeting group chat messages, as well as direct messages sent to that member. If a guest in a meeting with a dedicated meeting group chat is subject to archiving, the guest's account owner will have access to messages sent to the meeting group chat, as well as direct messages sent to that guest.
• ·Recordings and Transcripts: Account owners can view and share recordings and transcripts of meetings and webinars hosted on their account, and may be able to view and share other recordings and transcripts generated by or shared with users on their account. Account owners may be able to view and share content generated by intelligent features that use recordings or transcripts.
• ·Other Collaborative Feature Content (e.g., Zoom Email, Zoom Calendar, Zoom Docs, Clips, Whiteboard, Notes, Polls, Q&A, Feedback): Depending on their settings, account owners and designated account administrators can access content hosted on their account. For example, depending on their settings, account owners and designated account administrators can access email and calendar content sent to and from users on their Zoom Email or Zoom Calendar accounts, even if those Zoom Emails are encrypted. In addition, account owners can see information about who provided responses to their polls, Q&A, or post-meeting or webinar feedback requests, including name and contact information, together with the responses or feedback, unless responses are submitted anonymously.
• ·Meeting Hosts, Participants, and Invitees: Meeting hosts, participants, and invitees may be able to see your email, display name, profile picture, and presence status, including in Zoom meetings and in Zoom's native calendar service. Meeting hosts, participants, and invitees may also see, record, save, and share meeting content, audio transcripts, messages sent to Everyone, messages sent to meeting group chats (where enabled, and whether sent in Team Chat or in-meeting), or messages sent to them directly, and files, whiteboards or other information shared with them (including during a meeting, or through a dedicated meeting group chat). Meeting hosts may also share meeting assets to Zoom Team Chat, depending on their account owner's settings. Meeting hosts may also be able to see responses to Q&A and polls generated during the meeting.
• ·Zoom Email, Calendar and Zoom Team Chat Recipients: Recipients of Zoom Emails and Zoom Calendar invites can see, save, and share your email and calendar content with others, including by sharing emails to Zoom Team Chat. If a recipient shares encrypted content with others, for example, by sharing an encrypted Zoom Email to Zoom Team Chat, or forwarding an encrypted Zoom Email to a third-party recipient without a Zoom Email account, the shared or forwarded content will not be end-to-end encrypted by Zoom. Recipients of Zoom Team Chats can see your messages, reactions, emojis, and related content, including content from Zoom Emails, Zoom Calendar, and emails from third-party services integrated in the Zoom client, that you or a third-party choose to share to Zoom Team Chat, and in-meeting messages that participants send that are synced with Zoom Team Chat through dedicated meeting group chats. Depending on the account owner's settings, Zoom Team Chat recipients may record, save, or share your messages.
• ·Webinar Panelists and Attendees: Only panelists may be visible to attendees during a webinar, but attendees who agree to unmute can be heard by other attendees. If an attendee agrees to become a panelist during a webinar, they may be visible to other attendees, depending on settings. Panelists and attendees may be able to see the name of a participant who asks a question during a Q&A, along with their question, unless the participant submits the question anonymously.
• ·Intelligent Features: Users may be able to access, based on underlying permissions, customer content and context from meetings, webinars, messaging, and other collaborative features through their use of intelligent features.
• ·Livestreams: Meeting and webinar hosts can choose to livestream to a third-party site or service, which means anyone with access to the livestream will be able to see the meeting or webinar.
• ·Apps and Integrations:
• ·Account owners can choose to add Zoom-developed apps and third-party apps to their account and the Zoom products they use, including via use of the Zoom App Marketplace, and they can also control whether their users can add and use specific Zoom and third-party apps, including in meetings, webinars, and chats hosted on their account.
• ·Account owners can also choose to integrate other content from third-party services - such as third-party email communications, calendar entries, files and other information - with apps and services that they use.
• ·Depending on their settings, account owners', users' and guests' personal data and content may be shared with apps and integrations, including Zoom-developed apps, approved by account owners, which may include all of the personal data categories listed above, such as account information, profile and contact information, registration information, participants list, settings, content, product usage, device information, or third-party emails that have been shared with the app.
• ·Other participants in the meeting may be able to see the app that you are using in a meeting, if the app is receiving content (including audio and video) from the meeting.
• ·Third-party developers may also integrate or embed Zoom meetings into their website or app experiences or build versions of Zoom that enable access to Zoom products from a third-party app.
• ·Personal information shared by account owners and users with third-party apps and integrations is collected and processed in accordance with the app developers' terms and privacy policies, not Zoom's.

·Privacy Rights and Choices

·Marketing Communications

·If you don't want to learn about products and services we or our partners offer, you can opt-out of marketing communications in the communication sent to you (for example, via email or SMS), or by emailing privacy@zoom.us. Not all of our communications are for marketing, and you'll continue to receive messages related to your products and services, such as bills, transactional notices, or customer service. Zoom will not share any mobile data originating from you through a text messaging campaign except with your consent or as necessary to provide you communications about our services or services that you requested.

·Data Rights

·If you are in the European Economic Area (EEA), Switzerland, or the UK, or a resident of California or another U.S. state with an applicable privacy law, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will:

• ·Inform you of what personal data we have about you that is under our control;
• ·Amend or correct such personal data or any previous privacy preferences you selected, or direct you to applicable tools; and/or
• ·Delete such personal data or direct you to applicable tools.

·In order to exercise any of your rights as to personal data controlled by Zoom, please click here. Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others. As an account owner or a user under a licensed account, you may also take steps to affect your personal data by visiting your account and modifying your personal data directly.

·Children

·Zoom does not allow children under the age of 16 to sign up for a Zoom account.

·For educational organizations that use Zoom products and services to provide educational services to children under 18, Zoom's Children's Educational Privacy Statement is available here.

·How to Contact Us

·To exercise your rights, please click here. If you have any privacy-related questions or comments related to this Privacy Statement, please send an email to privacy@zoom.us.

·You can also contact us by writing to the following address:

·Zoom Communications, Inc. Attention: Data Protection Officer 55 Almaden Blvd, Suite 600 San Jose, CA 95113

·Or to our representative in the EU or UK:

·Workvivo Limited Attention: Zoom EU Representative 4th Floor, City Quarter, Lapps Quay, Cork T12W832 Republic of Ireland Email: privacy@zoom.us

·ZVC UK Ltd. Attention: Zoom UK Representative Part Level 6, Mid City Place, 71 High Holborn, London WC1V 6EA United Kingdom Email: privacy@zoom.us

·You can contact our Data Protection Officer by sending an email to privacy@zoom.us.

·Retention

·We retain personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law.

·The criteria used to determine our retention periods include the following:

• ·The length of time we have an ongoing relationship with you and provide Zoom products and services to you (for example, for as long as you have an account with us or keep using our products);
• ·Whether account owners modify or their users delete information through their accounts;
• ·Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• ·Whether retention is advisable in light of our legal position (such as in regard to the enforcement of our agreements, the resolution of disputes, and applicable statutes of limitations, litigation, or regulatory investigation).

·European Data Protection Specific Information

·Data Subjects Rights

·If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include:

• ·Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or "port" that data to another provider;
• ·Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected);
• ·Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications;
• ·Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data;
• ·Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).

·To exercise your rights, please click here. If you have any other questions about our use of your personal data, please send a request at the contact details specified in the How to Contact Us section of this Privacy Statement. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data.

·You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority.

·Legal Basis for Processing Personal Data

·We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when Zoom processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction:

• ·As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing Zoom products and services, features and services to account owners, their users, and those they invite to join meetings and webinars hosted on their accounts, and manage our relationship and contract, including billing, compliance with contractual obligations, and related administration). If we do not process your personal data for these purposes, we may not be able to provide you with all products and services;
• ·Consistent with specific revocable consents: We rely on your prior consent in order to utilize cookies and similar technologies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by visiting our cookie management tool, available in Cookies Settings;
• ·As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity ("fraud and abuse detection") and compliance with privacy laws;
• ·To protect your vital interests or those of others: We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and
• ·As necessary for our (or others') legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with the products and services (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our products and services and troubleshoot products and services; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and products and services, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the products and services; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements.

·International Data Transfers

·Zoom operates globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected where Zoom or its service providers have customers or facilities - including in countries where meeting participants or account owners hosting meetings or webinars that you participate in or receiving messages that you send are based.

·Therefore, by using Zoom products and services or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States where we are established, as well as in other countries outside of the EEA, Switzerland, and the UK. Such countries may have data protection rules that are different and less protective than those of your country.

·We protect your personal data in accordance with this Privacy Statement wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws. Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission's standard contractual clauses or other lawful mechanisms for transfers of personal data. Please contact us if you would like further information in that respect.

·Zoom complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Zoom has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Zoom has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

·In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Zoom commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Zoom at: privacy@zoom.us.

·In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Zoom commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner's Office (ICO) and the Gibraltar Regulatory Authority (GRA) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. Please contact us if you'd like us to direct you to your data protection authority contacts.

·Zoom Communications, Inc., Zoom Voice Communications, Inc., and Solvvy, Inc., are adhering to the DPF Principles. The Federal Trade Commission has jurisdiction over Zoom's compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

·If third-party agents process personal data on our behalf in a manner inconsistent with the DPF Principles, we remain liable unless we prove we are not responsible for the event giving rise to any damages. If you have a question or complaint related to our compliance with the DPF Principles, please contact us as indicated at the bottom of this privacy statement.

·Under limited circumstances and after other available dispute resolution mechanisms have been exhausted, binding arbitration is available to address certain residual complaints under the DPF not resolved by other means.

·California & Other U.S. States Notice at Collection

·Categories of Personal Information Zoom Receives: Zoom may collect, or process on behalf of our customers, the following categories of personal data, as described above, in the "What Personal Data Do We Receive?"; section: identifiers (such as in Account Information, Profile and Participant Information, Contact Information, and Registration Information), financial account information (such as in Account Information); commercial information (such as in Account Information); internet or other electronic network activity information (such as Device Information, Usage Information Regarding Meetings, Webinars, Message, Collaborative Features, and the Website, and Limited Information from Zoom Email and Calendar Services); audio, electronic, and visual information (such as in Content and Context from Meetings, Webinars, Messaging, and Other Collaborative Features) education information such as from university customers; inferences we derive from the preceding or other information we collect; and sensitive personal information (such as certain categories in Account Information, Content and Context from Meetings, Webinars, Messaging, and Other Collaborative Features.

·Sources: We receive information from sources as described in the "What Personal Data Do We Receive?"; section, including: from you (including through your use of our products and services); from partners; from customers; and from publicly available sources. We collect education information from schools that use our services. Please see our Children's Educational Privacy Statement for more information.

·Zoom's business and commercial purposes for use: Zoom uses personal data for the following business and commercial purposes: to provide Zoom Products and Services; for Product Research and Development; for Marketing and Promotions (Zoom does not use meeting, webinar, or messaging content, or any content generated or shared as part of other collaborative features for any marketing or promotions); Authentication, Integrity, Security, and Safety; to Communicate with You; and for Legal Purposes. For more information, please see "Data We Process & How We Use It."; Categories of third parties to whom we disclose Personal Information for business purposes are described in "How Do We Share Personal Data?";

·Zoom may permit advertising and analytics services that are intended to deliver advertising to you and/or analyze your interactions, based on your interactions with our website or app which may constitute a "sale" or "sharing" of data for targeted advertising purposes under certain state privacy laws. See "California & Other U.S. State Privacy Rights" for more information regarding your right to opt-out.

·Retention: Zoom retains personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law. Additional detail on retention criteria can be found under Retention, above.

·California & Other U.S. State Privacy Rights

·Under some U.S. state laws, including the California Consumer Privacy Act of 2018 (as amended by the California Consumer Privacy Rights Act) (CCPA), residents may have a right to:

• ·Access the categories and specific pieces of personal data Zoom has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Zoom has shared personal data, and obtain the personal data in a portable and, to the extent technically feasible, readily usable format;
• ·Delete personal data under certain circumstances;
• ·Correct personal data under certain circumstances; and
• ·Opt out of the "sale" of personal data or "sharing" of personal data for targeted advertising purposes. We do not sell your personal data governed by this Privacy Statement in the conventional sense. Sales of business contact related data may occur through our Zoom Common Room offering. Please see Zoom Common Room Privacy Statement for more information. However, like many companies, we may use advertising and analytics services that are intended to analyze your interactions with our website or app, based on information obtained from cookies and similar technologies, including for delivering advertising to you (such as interest-based, targeted, or cross-context behavioral advertising). You can get more information and opt out of the use of cookies and similar technologies on our website and app by clicking the Cookies Settings or Your Privacy Choices, also on our homepage, and setting your preferences. You will need to set your preferences from each device and each web browser from which you wish to opt out. This feature uses a cookie to remember your preference, so if you clear all cookies from your browser, you will need to re-select your preferred settings. Residents of California, Colorado, Connecticut, Montana, Nebraska, New Hampshire, and Texas may also set the Global Privacy Control (GPC) to opt out of the "sale" or "sharing" of your personal information for targeted advertising for each participating browser system that you use. Zoom does not have actual knowledge that it "sells" or "shares" the personal information of consumers under 16 years of age.
• ·Appeal a denial of your request. Some states provide additional rights to their residents. If we decline to process your request, you may have the right to appeal our decision. You can do so by replying directly to our denial or emailing privacy@zoom.us.

·Zoom will not discriminate against you for exercising any of these rights, which is further in line with your rights under state law.

·Sensitive Information. Zoom receives information that may be considered sensitive under some state laws, such as certain Account Information (e.g., financial information, log-in information), certain Content and Context from Meetings, Webinars, Messaging, and Other Collaborative Features and certain Limited Information from Zoom Email and Calendar Services (e.g., messaging content in cases described in this statement) as well as voiceprints and facial geometry, if you choose to enable certain features and provide the requisite consent. Zoom processes sensitive personal information to provide Zoom products and services, for product research and development, for authentication, integrity, security, and safety purposes, to communicate with you, for legal purposes, and with your consent. Zoom does not use or disclose sensitive personal information (as defined under CCPA) for purposes of inferring characteristics about a consumer, or in any way that would require Zoom to provide a right to limit under the CCPA. Under certain laws, residents may also be permitted to opt out of certain profiling relating to automated processing analyzing certain categories of an individual's information that would produce a legal or similarly significant effect. Zoom does not engage in this type of profiling of individuals.

·To exercise your rights, please click here or call +1-888-799-0566. To opt out of the use of cookies and similar technologies on our sites for interest-based advertising purposes, follow the instructions above.

·We will acknowledge receipt of your request within 10 business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to a total of 90 days) in writing.

·These rights are not absolute, are subject to exceptions and limitations, and may not be afforded to residents of all states. In certain cases, we may decline requests to exercise these rights where permitted by law. We will need to verify your identity to process your access, deletion, and correction requests and reserve the right to confirm your state residency. To verify your identity, we may require you to log into your existing Zoom account (if applicable), give a declaration as to your identity under penalty of perjury, and/or provide additional information, such as providing at least two pieces of personal information relating to your account (which will be compared to information we have, such as profile information) or as we otherwise may already have in our possession, such as your email address and phone number. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.

·To see our Disclosure of Privacy Rights Requests, please click here.

·California's Shine the Light Law

·Under California's Shine the Light law, you may also ask companies with whom you have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of personal information disclosed. You may send us requests for this information to privacy@zoom.us. In your request, you must include the statement "Shine the Light Request," and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

·Changes to This Privacy Statement

·We may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a "Last Updated" date at the top and an Update Note at the bottom. If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using our products and services.

·Privacy Statement Update Notes (September 17, 2026):

• ·Clarify that this Privacy Statement does not cover sales of business contact data, which may occur through our Zoom Common Room offering (see the Zoom Common Room Privacy Statement for details).