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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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.