www.hightail.com
Open in
urlscan Pro
65.9.66.61
Public Scan
URL:
https://www.hightail.com/terms
Submission: On September 22 via manual from US — Scanned from DE
Submission: On September 22 via manual from US — Scanned from DE
Form analysis 1 forms found in the DOM
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TERMS AND ADDITIONAL INFORMATION
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TABLE OF CONTENTS
* Terms
* Additional Information about the Hightail Service
ADDITIONAL INFORMATION ABOUT THE HIGHTAIL SERVICE
The Hightail Service (“Service”) is provided subject to the OpenText Cloud
General Terms of Service available at www.opentext.com/agreements. The
following additional terms (“Terms”) will also apply to the Service. By using
the Service, you automatically agree to the OpenText Cloud General Terms of
Service and these Terms. If you use or access the Service on behalf of a
OpenText or other legal entity (such as your employer), you represent that you
have the authority to bind that OpenText or other legal entity to these Terms.
If you do not agree to the OpenText Cloud General Terms of Service or these
Terms, you should not use the Service. Capitalized terms used but not defined in
these Terms have the meaning assigned in the OpenText Cloud General Terms of
Service. If there is a conflict between the OpenText Cloud General Terms of
Service and these Terms, these Terms shall control.
1. THE SERVICES.
1.1 CUSTOMER PERMISSIONS.
Some of the features of the Service are designed to upload, download and
synchronize files between your computer or other devices (such as a phone or
tablet) and OpenText’s servers. Depending on the features used, this can happen
automatically. By using the Service, you give OpenText permission to access your
computer and other devices for the purpose of providing the Service.
Furthermore, to the extent necessary for OpenText to provide the Service (and
only as necessary), you give us and our third party service providers
permission to take all necessary actions in processing files uploaded in
connection with your usage of the Service.
1.2 E-MAIL.
As a Hightail Service account holder, you may send a digital file created by you
or others (a “User File”) to, or share a User File with, recipients identified
by email addresses that you provide. Hightail forwards or sends email or other
notifications to those recipients. These email addresses and notifications may
be stored by OpenText for your future use and as part of transaction information
OpenText keeps relating to User Files. When you use Hightail Service mobile apps
or other Related Software, OpenText may access your local device contacts or
other web-based contacts you permit OpenText to access for the sole purpose of
allowing you to select recipients to whom you wish to send or share a User File.
You can import contacts from services like Gmail and Yahoo Mail also using
OpenID social connectors. Your imported contact lists will only be used to make
future communications to those individuals more convenient. If you have been
added to a user’s Hightail Service address book and no longer wish to have your
information used you may contact us at support@hightail.com.
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2. FEEDBACK.
You may periodically provide OpenText with feedback. All feedback, comments, and
suggestions for improvements that Customer provides to OpenText hereunder are
referred to collectively as “Customer Feedback”. You hereby irrevocably
transfer and assign to OpenText and agree to irrevocably assign and transfer to
OpenText all of your right, title, and interest in and to all Customer Feedback,
including all worldwide patent rights (including patent applications and
disclosures), copyright rights, trade secret rights, and other intellectual
property rights (collectively, “Intellectual Property Rights”) therein.
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3. CONTENT.
3.1 ACCESS AND DELETION OF USER FILES.
User Files will be stored on OpenText systems according to the user preferences
you set for the file, if any, or according to the default parameters as defined
by the Service and account plan you use if no user preferences are set. Files
that reach their expiration date will be permanently deleted from our service.
These files will not be retrievable by users once they’ve expired. You may
delete User Files from OpenText servers via the Service or Hightail mobile apps
or other Related Software you may have installed. There may be some latency
until the User File is actually deleted from OpenText servers.
3.2 EFFECT OF SERVICE DOWNGRADES.
When a user downgrades from a paid plan to the free Lite plan, all User Files
that were set to expire longer than seven days from the downgrade date will
automatically be set to expire seven days from the downgrade date. Upon
expiration, User Files will be permanently deleted from the Service and will no
longer be retrievable by the user. When a user downgrades from a paid plan to
the free Lite plan, the storage limit will revert to 2GB. Users will have 30
days from the downgrade date to retrieve their files. After 30 days, all but the
most recent 2GB of User Files will be permanently deleted from the Service and
will no longer be retrievable by the user.
3.3 RESPONSIBILITY FOR CONTENT.
You are solely responsible for maintaining and protecting all data and
information that is stored, retrieved or otherwise processed by the Service.
Without limiting the foregoing, you will be responsible for all costs and
expenses that you or others may incur with respect to backing up, restoring
and/or recreating any data and information that is lost or corrupted as a result
of your use of the Service or any Related Software. You acknowledge and agrees
that the Service is not intended as a file storage repository, and OpenText
shall not be responsible for any failure of the Service to store a file, for the
deletion of a file stored on the Service, or for the corruption of or loss of
any data, information or content contained in a file.
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4. TERM AND TERMINATION.
4.1 TERM AND AUTOMATIC RENEWAL TERM.
The term of the Service and this Agreement shall be determined based on the
subscription purchased by Customer. A free subscription shall not have a
predefined term, and OpenText reserves the right to terminate it at any time;
OpenText will endeavor to provide advance notice of termination of a free
subscription, though it is not contractually obligated to do so. All paid
Service subscriptions will automatically renew for additional subscription
period(s) equal in time to the original subscription at the then current
OpenText price and subject to these Terms, unless either party gives the other
party notice of non-renewal at least 30 days prior to the end of the relevant
subscription period.
4.2 TERMINATION.
OpenText reserves the right to change, suspend or terminate the Service and your
subscription (free or paid), or any part of it, at any time, at its reasonable
discretion. Except as otherwise provided in your Service order, you also have
the option of canceling your subscription at any time by giving thirty (30)
days’ written notice.
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ADDITIONAL PRIVACY TERMS
Last updated March 31, 2021
OpenText Hightail Services include the Hightail website at www.Hightail.com (the
“Site”) and software that OT may permit you to download for use in conjunction
with the OpenText Core services such as plugins, related software and mobile
applications (“Client Side Software”) (collectively, the “Hightail Service”).
The Service is operated by Open Text Inc. (“OpenText”, “we”, “our”, or “us”).
See the OpenText Privacy Policy located at
http://www.opentext.com/who-we-are/copyright-information/site-privacy for
details on how we collect, use and share or process personal data, for example,
to enable your access to online OpenText resources, to set up your account or to
provide support services.
As part of providing the Services, we use and process the personal data
collected as part of your use of the Service as described below.
OpenText does not treat the names of User Files and Folders within the Hightail
Service as personal data and recommends that you do not include any confidential
or personal data in the names of User Files or Folders.
1. USE OF CONTENT
Data uploaded, generated, stored, or transmitted to OpenText, as a part of your
use of the Hightail Service, such as files, text, videos, images, and other
content you post or upload to the Site (collectively, “Content”) may include
personal data relating to you or other individuals. You are solely responsible
for all personal data of individuals used and submitted in connection with the
Content and Service, as well as for any sharing of that Content with others. You
must comply with all data protection and privacy laws and regulations applicable
to personal information of individuals, including without limitation obtaining
and maintaining consent, as required.
OpenText processes personal data in order to provide the Hightail Service to you
and/or to perform the selections you have made in the Hightail Service (which
may include, for example, disclosing Content to other persons whom you have
given the right to view, read, download, delete and/or to alter such Content).
We may access, view, or listen to Content (which may include personal data) in
limited circumstances, such as to perform the Hightail Service, to enforce the
Hightail Terms or comply with the law. This may also include, for example, (A)
responding to Customer Feedback or support requests; (B) to detect, prevent, or
otherwise address fraud, security, legal, or technical issues; or (C) complying
with any request of a governmental or regulatory body (including subpoenas or
court orders) or as otherwise required by law.
Some information, including Content, may be visible to other users of the
Hightail Service, including without limitation, certain profile information
associated with your Account and your Content, such as email account information
and/or profile photos. You are solely responsible for selecting with whom you
share your Content and who you want to provide additional rights to amend the
Content.
Where Content includes personal data and to the extent OpenText is a “Processor”
as defined under the General Data Protection Regulation EU Regulation 2016/679
or the UK Data Protection Act 2018 (where applicable), the terms of the OpenText
Data Processing Agreement (“DPA”) shall apply. The DPA shall not apply where you
are contracting or processing as a natural person in the course of a purely
personal or household activity.
The Hightail Service is not intended for the processing or storage of any
sensitive personal data such as an individual’s financial information, sexual
preferences, medical, or health information protected under any health data
protection laws, biometric data (for purposes of uniquely identifying an
individual) or other similar types of information included as defined in
applicable data protection or privacy laws. You agree not to transmit, disclose
or make available such information to OpenText.
You can access, delete or amend Content at any time by using the functionalities
provided as part of the Hightail Service. To completely delete your account, you
need to email us at support@opentext.com. Deleted Content stored in our backup
systems is automatically deleted or updated during our backup procedures.
2. USER POSTINGS AND TESTIMONIALS ON OUR WEBSITE
Hightail Service users can post comments or messages to the Service website,
such as on our blog and community forum, which may be available to the public.
OpenText’s recommend that you guard your anonymity and sensitive information and
encourages you to think carefully about what information about yourself you
disclose in your comments or messages. To request removal of such comments and
message, contact Customer Support at support@hightail.com. In some cases,
OpenText may not be able to remove them, in which case OpenText will let you
know it is unable to do so. OpenText posts user testimonials on its website,
which may contain personal data such as the user’s name. OpenText obtains user
consent prior to posting of any such testimonial. If you wish to request the
removal of your testimonial you may contact us at privacy@hightail.com.
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3. MOBILE AND DESKTOP APPLICATIONS
When you download and use Hightail Service mobile applications, OpenText
automatically collects information on the type of device you use, operating
system version, and the device identifier. Hightail Service mobile apps and
other software you install on your devices store registration and session
information in encrypted files locally on the device where the application is
installed. This behavior is similar to cookies but is specific to the device. To
remove these data files, you can uninstall the application.
OpenText uses mobile analytics software to allow us to better understand the
functionality of mobile software on a device, such as how often you use the
application, aggregated usage, performance data, and from where the application
was downloaded. OpenText does not link the information it stores within the
analytics software to any personally identifiable information you submit within
the mobile application. OpenText may send you push notifications from
time-to-time in order to update you about any use the application or events or
promotions that OpenText may be running. If you no longer wish to receive these
types of communications, you may turn them off at the device level.
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4. INFORMATION COLLECTED BY THIRD PARTIES
OpenText employs a variety of third party partners such as advertising, tracking
utilities, affiliates and service providers that may use cookies or similar
means described above to collect information about your activities on this
website and other websites to help us optimize your experience, improve services
and provide you targeted advertising on other websites you visit based upon your
interests. OpenText does not have access to or control of any cookies that third
parties may store in your browser and these Terms do not apply to the use of
cookies or similar means by third parties.
OpenText does not tie the information gathered to your personal data. The
Service includes features such as links to other websites, login via your Google
account, or other features hosted by third parties. These features may collect
information from you and/or may set a cookie to enable the feature to function
properly.
Your interaction with these features is governed by the privacy policy of the
company providing them. Links and advertisements displayed on our site are not
an endorsement, authorization or representation of our affiliation with that
third party, nor are they an endorsement of its privacy or information security
policies or practices.
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5. SOCIAL MEDIA FEATURES
You can log in to our site using sign-in services such as login via your Google
account or other OpenID providers. These services will authenticate your
identity and provide you the option to share certain personal data with OpenText
such as your name and email address to pre-populate our sign-up form.
You can import contacts from services like Gmail and Yahoo Mail also using
OpenID social connectors. Your imported contact lists will only be used to make
future communications to those individuals more convenient.
The Service website includes social media features, such as the Twitter and
Google links in the footer of our website. These features may collect your IP
address, which page you are visiting on our site, and may set a cookie to enable
the feature to function properly. Social media features are either hosted by a
third party or hosted directly on our website. Your interactions with these
features are governed by the privacy policy of the company providing it.
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6. MARKETING AND COMMUNICATION PREFERENCES
OpenText also use your personal data to contact you with newsletters, marketing
or promotional materials and other information that may be of interest to you.
If you decide at any time that you no longer wish to receive such communications
from us, please follow the unsubscribe instructions provided in any of our email
communications or by filling out our unsubscribe form. OpenText will comply
with your request as soon as reasonably practical. OpenText will continue to
send you strictly service-related announcements when it is necessary to do so.
If you do not wish to receive them, you have the option to deactivate your
account by contacting us at support@hightail.com.
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7. BUSINESS AND ENTERPRISE ACCOUNTS
If you used an email address owned by your employer to create an individual
Service account and your employer adds you to an enterprise account your
employer has with us, your email address and certain information concerning past
and ongoing use of your individual account may become accessible to the
administrator of that enterprise account. This includes: Text and subject of
messages you have sent; Name and content of the User Files you have sent; Date
and time messages were sent; and Email addresses of the recipients. However,
information with respect to User Files that have been deleted because they
expired or were deleted by you will no longer be accessible to you or to the
administrator of your employer’s account.
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8. UPDATING YOUR ACCOUNT INFORMATION
You may review, update, delete or correct the personal data in your account
registration profile by logging into your account and changing your user
preferences, or you may contact OpenText at support@hightail.com. If you wish
to deactivate your account or request that OpenText no longer use your personal
data, contact us at support@hightail.com
9. CHANGES TO PRIVACY TERMS APPLICABLE TO THE SERVICE
OpenText may update the Open Text Privacy Policy or these Privacy Terms from
time to time. If we modify this policy, we will post the revised version here.
You should review this page periodically for updates. We may also notify you of
material changes to these terms by sending a notice to the email address
associated with your Account, posting a notice on the Site, or by other methods
that we may communicate to you. Your use of and access to the Hightail Service
or any part thereof after any changes become effective will be considered your
acceptance of those changes and will constitute your agreement to be bound
thereby. If you object to any such changes, you may not continue to use or
access the Hightail Service and your sole recourse will be to stop using the
Service.
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