Terms of Service

These Terms of Service (“Terms”) apply to the Services and will be binding on you (“Customer”) and Hightail, Inc. (“Company”) when Company makes any Services available for Customer’s use. By using the Services, you automatically agree to these General Terms of Service. If you use or access the Services on behalf of a company or other legal entity (such as your employer), you represent that you have the authority to bind that company or other legal entity to these Terms. If you do not agree to these Terms of Service, you should not use the Service.

1. SERVICES.

1.1 Provision of Services.

Subject to Customer’s compliance with the terms and conditions of these Terms, Company will provide Customer the Services in accordance with Customer’s online order (“Order”).

1.2 Service Fees and Payment.

Company may offer both free subscriptions and different categories of paid subscriptions to the Service, subject to the limits set by Company from time to time. Should you register for a paid subscription, you agree to pay the Service fee(s) publicized by the Company at the time you complete your online registration and on any renewal thereof. Customer shall pay Company for excess usage above the metrics stated in the initial Order. After the initial term of Customer’s subscription, Company reserves the right to increase the fees on paid Service subscriptions up to one (1) time per year by providing Customer with written notice of a fee increase no later than thirty (30) days prior to the expiration of the then-current term.

Fees owed by Customer not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month, or the highest rate permitted by law. Fees do not include any taxes, and Customer shall pay any sales, use, value added or other taxes or import duties (other than corporate income taxes payable by Company) due as a result of any amounts paid to Company. Customer shall bear all of Company’s costs of collection of overdue fees, including reasonable attorneys’ fees. If Company is unable to charge your payment method (i.e. due to the expiration of your credit card), you are still obliged to pay Company the amounts to which you are committed under this Agreement. All fees are non-refundable, and are to be paid in US Dollars unless another currency was specified when you made your purchase. You are solely responsible for any fees imposed by your credit card company, including exchange rate or foreign transaction fees. If any fees remain unpaid following at least ten (10) days written notice by Company, Company may (reserving all other legal remedies and rights) suspend the Services or, following thirty (30) days written notice by Company, terminate the Service and any agreement created by these Terms and Customer’s Order.

1.3 Restrictions on Use.

Customer shall be responsible for: (a) acts or omissions by any single individual, employee or contractor of Customer, authorized to access and use the Services (“Authorized Users”); (b) maintaining the confidentiality of access credentials (including but not limited to usernames, passwords, and keys) used by the Customer or its Authorized Users; (c) ensuring compliance with the Agreement by each Authorized User including compliance with the OpenText Acceptable Use Policy (“AUP”) and (d) ensuring compliance with applicable local, state, national laws and regulations in connection with the use of the Services, including those related to data privacy, international communications and the transmission of data. In particular, the Services shall not be used by anyone located in U.S.-embargoed countries or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons or Entity List or to export or re-export technical data in violation of U.S. export control laws and regulations. Customer agrees to notify Company immediately of any actual or suspected unauthorized use of Customer’s access credentials or any unauthorized use of the Services.

Customer may only use the Services for Customer’s internal business purposes. Only Authorized Users may access and use the Services. Customer may not (a) sell, rent or lease the Services in any way, or transfer any of its rights hereunder to any other person; (b) create any derivative works based upon the Services; (c) modify any of Services (including Related Software), nor adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of software used by Company in providing the Services, nor take any other steps to discover the confidential information or trade secrets in the Services; (d) use the Services in violation of the OpenText AUP, (e) create multiple, free accounts under different or fake identities or otherwise that enables Customer to exceed the usage limits associated with the Service or (f) disclose to any third party the results of any benchmarking testing or comparative or competitive analyses of the Services done by or on behalf of Customer.

1.4 Changes to the Service.

Company reserves the right to modify the Services at any time. Company may provide notice of changes by posting information concerning the change (i) via email; (ii) on Company's website (iii) by notification directly through the Services (e.g. on a Services login page); or (iv) by other industry standard notification system such as social media. Should Company implement a change that reduces the functionality of the Service in a material manner, Company will issue a notification summarizing the effects of such a change.

Also, if Customer has established an account with Company and subsequently makes changes to the account, it may affect the Service provided. For example, if Customer cancels a paid subscription and continues to use a free account, certain features or benefits may no longer be available to Customer.

If Customer’s account fails to meet the requirements of the Service, Company may take all reasonable remedial measures at its sole discretion, including the suspension of access to or deletion of files and/or Spaces. Additionally, Company may suspend or terminate Customer’s free access to the Service or paid subscription if Customer’s usage, in Company’s reasonable opinion, does not comply with the features, benefits and restrictions that are applicable at that time or causes interference with the normal functioning of the Service. By way of example only, Customer’s abuse of Company’s cloud storage limitations shall be cause for suspension or termination of access to the Service.

1.5 Related Software.

Company may provide or permit Customer to download or access software applications for use with the Service (“Related Software”). Related Software may include development software and tools, and software to be installed on end user devices for the purpose of using the Services. Subject to Customer’s compliance with these Terms, Company grants Customer a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of each application on a tablet, mobile device or computer that it owns or controls, and to run such copy of the Related Software solely for its own personal for the sole purpose of facilitating Customer’s use of the Service. When Customer’s right to receive and use the Services terminates, Customer’s license to Related Software shall also terminate. Any additional license terms notified to Customer or its Authorized User at the time of installation of the Related Software or for Related Software accessed through or downloaded from third parties shall also apply, Customer shall be solely responsible for complying therewith and Company disavows any liability pertaining to any third party applications, including the performance thereof.

Customer (a) does not have any rights to any software other than as part of receiving the Services; (b) except with respect to Related Software, does not receive any licenses to the Software; and (c) does not receive any title, rights or ownership in or to any software.

1.6 Customer Permissions.

Some of the features of the Service are designed to upload, download and synchronize files between Customer’s computer or other devices (such as Customer’s phone or tablet) and Company’s servers. Depending on the features used, this can happen automatically. By using the Services, Customer gives Company permission to access Customer’s computer and other devices for the purpose of providing the Services to Customer. Furthermore, to the extent necessary for Company 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 Customer’s usage of the Service.

1.7 E-mail.

As a Hightail 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 Hightail for your future use and as part of transaction information we keep relating to User Files. When you use Hightail mobile apps or other client software, we may access your local device contacts or other web-based contacts you permit us 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 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.

Customer may periodically provide Company with feedback. All feedback, comments, and suggestions for improvements that Customer provides to Company hereunder are referred to collectively as “Customer Feedback.” Customer hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Customer’s 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. OWNERSHIP.

Customer acknowledges and agrees that, as between the parties, Company alone owns all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, even if Company incorporates any Customer Feedback into subsequent versions of the Service. Customer will not earn or acquire any rights or licenses in the Service or in any Company Intellectual Property Rights on account of this Agreement or Customer’s performance under this Agreement. Customer will not use or disclose any Customer Feedback to any other entity other than Company.

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4. WARRANTIES AND DISCLAIMERS.

USE OF THE SERVICES AND RELATED SOFTWARE ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. THE WARRANTIES AND REMEDIES STATED IN THIS SECTION 5 ARE EXCLUSIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO ITS OPERATIONS WHICH COULD BE CAUSED BY SERVICES DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS.

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5. LIMITATION ON LIABILITY; INDEMNIFICATION.

IN REGARD TO ANY AND ALL CAUSES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS OR INABILITY TO USE THE SERVICE OR FOR ANY ERROR OR DEFECT IN THE SERVICE, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, BREACH OF CONTRACT OR WARRANTY, FAILURE OF A REMEDY TO ACCOMPLISH ITS ESSENTIAL PURPOSE OR OTHERWISE: (1) COMPANY IS NOT LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF COMPANY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES); OR (B) ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST OR CORRUPTED DATA, REPROCUREMENT AMOUNT OR EXPENSES ARISING OUT OF THIRD PARTY CLAIMS; AND (2) COMPANY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS WILL NOT EXCEED: (A) DURING EACH TWELVE (12)-MONTH PERIOD DURING THE TERM OF THE AGREEMENT, FIFTY PERCENT (50%) OF THE TOTAL AMOUNT OF FEES INVOICED BY COMPANY TO CUSTOMER UNDER THE RELEVANT ORDER DURING SUCH TWELVE (12) MONTH PERIOD, AND (B) A MAXIMUM AGGREGATE AMOUNT OF THE TOTAL AMOUNT OF FEES INVOICED BY COMPANY TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE MOST RECENT EVENT WHICH IS THE CAUSE OF LIABILITY FOR ALL CLAIMS DURING THE ENTIRE TERM OF ANY ORDER. WITH RESPECT TO FREE OR UNPAID SERVICES AND RELATED SOFTWARE, NEITHER COMPANY NOR COMPANY’S SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES WILL BE LIABLE FOR DIRECT DAMAGES. IF THE APPLICATION OF THIS SECTION IS LIMITED BY LAW, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE REMEDIES SPECIFIED IN THE AGREEMENT ARE EXCLUSIVE.

Customer shall defend, indemnify and hold harmless Company, its affiliates, directors, and employees from any damages, losses, claims and expenses arising out of any claim or other legal action in connection with: (i) Content and any alleged infringement of any patent, copyright, trade secret, right of publicity or privacy, or other proprietary right; (ii) Customer's or Authorized Users' use of the Services; (iii) Customer's or Authorized Users' breach of these Terms; and (iv) Customer's or Authorized Users' breach of the OpenText AUP.

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6. CONTENT AND DATA PROTECTION.

6.1

Customer’s data uploaded, generated, stored, or transmitted by Customer to Company, as a part of Customer’s use of the Services (“Content”) belongs to Customer, and Company makes no claim to any right of ownership in the Content. By posting or permitting Content to be posted, Customer represents and warrants to Company that Customer is the owner of all rights to that Content or that Customer has the right to reproduce, distribute and transfer the Content for the purposes of the Services.

6.2

Customer remains solely responsible at all times for the Content, and for ensuring that the Content complies with these Terms and with all legal and regulatory obligations applicable to the Content to which Customer is subject. Only to the extent necessary for Company to perform its obligations in connection with the Services and these Terms, Customer grants Company the right to use, copy, process, rename, publish or display Content and Company may monitor, modify, screen, pre-screen or delete the Content.

6.3

User Files will be stored on our systems according to the user preferences Customer sets for the file, if any, or according to the default parameters as defined by the Services and account plan Customer is using if no user preferences are set. Users may delete User Files from Company servers via the website or Hightail mobile apps or other client software they may have installed. There may be some latency until the User File is actually deleted from our servers.

6.4

Company respects copyright law and expects its users to do the same. Our policy is, in appropriate circumstances, to terminate accounts of users who repeatedly infringe the rights of copyright holders. Company reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any files that we believe to be in violation of these Terms or otherwise harmful. You should also read the OpenText Copyright Policy, incorporated herein by reference.

6.5 Security; Licensee Data.

Company will use reasonable care to protect Customer's data against physical damage or unauthorized access. Company will store and safeguard Customer content in accordance with industry standard administrative, technical, and physical security controls and procedures. Customer may not create or store content that imposes specific security obligations on Company (e.g., health or financial data). Customer is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Service. Without limiting the foregoing, Customer will be responsible for all costs and expenses that Customer or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of Customer’s use of the Service or any Related Software.

Customer acknowledges and agrees that while Company will make commercially reasonable efforts to maintain files uploaded to the Service for the duration of each subscription, the Service is not intended as a file storage repository, and Company 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.

6.6 Confidentiality.

Confidential Information may only be used for the purpose of fulfilling obligations or exercising rights under these Terms and may only be shared with employees, agents, or contractors with a need to know such information. The receiving party will maintain the confidentiality of Confidential Information by using the same degree of care that the receiving party takes to hold in confidence its own proprietary information of a similar nature, which will be no less than reasonable care. However, the receiving party will not be required to keep confidential any Confidential Information, which is or shall become publicly available without fault on the part of the receiving party; is already in the receiving party's possession prior to receipt from the disclosing party; is independently developed by the receiving party; is disclosed by the disclosing party to third parties without similar restrictions; or is rightfully obtained by the receiving party from third parties without restriction. Except as provided in the previous sentence, the term “Confidential Information” includes User Files, Company Software (including Related Software) and all other information disclosed by one party to the other marked as proprietary to the disclosing party or that the other party should reasonably understand to be confidential. Each party is responsible for any actions of its affiliates, employees and agents in violation of this paragraph.

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7. TERM AND TERMINATION.

7.1 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 Company reserves the right to terminate it at any time; Company 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 Company 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.

7.2 Termination.

Company 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. Customer also has the option of canceling your subscription at any time by giving thirty (30) days’ written notice. In the event of such termination, you will lose all data related to your subscription. Customer is solely responsible for implementing appropriate measures to periodically backup data related to its subscription.

With respect to free subscriptions, either party may terminate the Agreement and Company’s provisioning of the Service at any time, with or without cause. In addition to other termination provisions, we reserve the right to terminate and delete your free subscription if you have not accessed the Service for 12 or more consecutive months. In the event of such deletion, any data you may have stored will be lost.

With respect to paid subscriptions, either party may the Services or these Terms for material breach if the other party fails to cure such breach within thirty (30) days after written notice. Company may terminate the Agreement with immediate effect and no such cure period will be granted for breaches relating to the rights granted and/or restrictions in Sections 1 (Services). In the event of such termination, any data Customer may have stored will be lost.

7.3 Effect of Termination.

Upon any termination or expiration of the Agreement and/or the Service: (a) the rights and licenses granted to Customer hereunder will automatically terminate and (b) all data associated with a Customer's subscription will be deleted. Upon any termination of the Service or these Terms, Customer will immediately cease all use of the Services and Related Software and will destroy all copies of Related Software in Customer’s possession or control. Following termination, Company may retain Customer content on backup media for an additional period of up to twelve (12) months, or longer if required by law, subject to the confidentiality obligations under these Terms.

7.4 Survival.

The provisions of Sections 1.2 (only in so far as relating to license fees generated prior to termination), 2, 3, 5, 6, 7.3, 7.4 and 8 and any provisions that by their nature should survive termination will survive any termination or expiration of the Services or these Terms.

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8. GENERAL PROVISIONS.

8.1 Assignment.

There are no third-party beneficiaries to Customer’s use of the Services or these Terms. Customer may not assign or transfer its rights to use the Service or its rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be void. Except to the extent identified in this subsection, these Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties.

8.2 Governing Law; Time Limit.

This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, USA, without reference to its choice or conflicts of law rules. The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in the State of Delaware for any claim relating to the Services or these Terms. No action, regardless of form, arising from these Terms or any Services provided or to be provided hereunder may be brought by either party more than one (1) year after the cause of action has accrued, except that an action for non-payment may be brought at any time.

8.3 Severability.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

8.4 Amendment; Waiver.

Any amendment of the agreement formed under these Terms must be in writing and signed or acknowledged by both parties. Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than by a written waiver by a duly authorized representative. No waiver of a breach of these Terms will constitute a waiver of any prior or subsequent breach.

8.5 Notices.

All notices must be in writing and addressed: in the case of Company to the address set forth in the Customer's online Order, and in the case of Customer, to the Hightail address set forth in the online Order. A copy shall also be sent to Company’s General Counsel, c/o OpenText Corporation, 275 Frank Tompa Drive, Waterloo, ON N2L 0A1, Canada. Notice will be deemed given when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt.

8.6 Entire Agreement.

These Terms and Customer’s online Order constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersedes any prior or current understandings, both written and oral. These Terms may be modified by Company from time to time, and for paid subscriptions, Company shall provide advance written notice to Customer either via a posting on Company’s website or through Customer’s account. For paid subscriptions, the new terms shall come into force only upon the beginning of a renewal term, and for free subscriptions, the new terms shall be enforceable immediately. Should a free subscription Customer not agree with the amended terms, it should immediately cease usage of the Service, and should a paid subscription Customer not agree with the amended terms, it has the right to terminate the Agreement at the end of its then current term (i.e. before a renewal term commences), in accordance with the termination provisions set forth above. Customer’s continued usage of the Service following the date the amended terms come into force shall be evidence of Customer’s agreement to the amended terms (and the amended terms thereafter shall become the “Terms,” as used herein).

8.7 No Agency.

Company does not act as an agent of Customer in connection with Customer’s use of the Services provided hereunder. The establishment of the terms of any commercial or legal relationship between Customer and any third party by means of the use of the Services provided hereunder is the sole responsibility of Customer. The provision of such Services by Company will not be interpreted as conferring any authority or responsibility on Company with respect to such relationships or the establishment, continuation or binding effect of such terms.

8.8 U.S. Government End Users - Restricted Rights Legend.

The Services and Documentation provided to the U.S. Government are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", within the meaning of 48 C.F.R. 12.212 or 48 C.F.R.227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein, as provided in FAR 12.212, and DFARS 227.7202-1(a), 227.7202-3(a), 227.7202-4, as applicable.

8.9 International Availability.

Availability of the Services, including specific features and language versions, may vary by country location.

8.10 Delay in Performance.

Except for payment and confidentiality obligations or protection of intellectual property, neither party is responsible for any delay or failure or delay in performance of its obligations pursuant to the Agreement to the extent due to causes beyond its reasonable control.

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Privacy

Last updated May 7, 2018

Company’s collection, use and disclosure of Customer’s personal information, content provided to Company or any other data Customer provides to Company or places within the Services or Related Software will be governed by the OpenText Privacy Policy which shall apply to the Service to the same extent as provided for therein with respect to any Company website, subject to these Terms, and the laws generally applicable to Company as a provider of the Services.

To the extent that Company processes personal data on behalf of Customer in performing the Services, Company shall process such personal data only for the purpose of the Services and take reasonably appropriate technical and organizational measures to protect such personal data against unauthorized or unlawful processing.

We do not treat the names of User Files and Folders as Personal Information, so we recommend that you do not include any confidential or Personal Information in the names of User Files or Folders.

1. USER POSTINGS AND TESTIMONIALS ON OUR WEBSITE

Hightail users can post comments or messages to the Hightail website, such as on our blog and community forum, which may be available to the public. We recommend that you guard your anonymity and sensitive information and we encourage 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, we may not be able to remove them, in which case we will let you know we are unable to do so.

We post Hightail user testimonials on our website, which may contain Personal Information such as the user’s name. We obtain 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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2. MOBILE AND DESKTOP APPLICATIONS

When you download and use Hightail mobile applications, we automatically collect information on the type of device you use, operating system version, and the device identifier. Hightail 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.

We use mobile analytics software to allow us to better understand the functionality of our mobile software on a device, such as how often you use the application, aggregated usage, performance data, and from where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. We may send you push notifications from time-to-time in order to update you about any use the application or events or promotions that we 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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3. INFORMATION COLLECTED BY THIRD PARTIES

We employ 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 our services and provide you targeted advertising on other websites you visit based upon your interests. Hightail 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. We do not tie the information gathered to Customers’ or users’ Personal Information.

We partner with third party ad networks to manage our advertising on other web sites. Our advertising network partners use cookies or similar means to collect information about your activities on our website and other websites to provide you targeted advertising on other websites you visit based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out of the use of your information for such purposes by certain advertising networks by clicking here for European Union based networks or here for U.S. networks. Please note that this does not opt you out of being served advertising and you will continue to receive generic ads.

Our Services include 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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4. 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 information with us 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.

Our 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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5. MARKETING AND COMMUNICATION PREFERENCES

We also use your Personal Information to contact you with Hightail 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. We will comply with your request as soon as reasonably practical. We 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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6. BUSINESS AND ENTERPRISE ACCOUNTS

If you used an email address owned by your employer to create an individual Hightail 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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7. RETENTION AND DELETION OF YOUR INFORMATION

Upon request Hightail will provide you with information about whether we hold any of your personal information. You may review, update, delete or correct the Personal Information in your account registration profile ("Account Information") by logging into your account on our website and changing your user preferences, or you may contact us at support@hightail.com.

If you wish to deactivate your account or request that we no longer use your Personal Information, contact us at support@hightail.com.

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