Legal

Terms of Use

The following terms and conditions (the “Terms”) apply to your use of the information, materials and content made available to you at http://www.hcp.com (the “Site”). The Site contains general information about Highland and our portfolio companies and is directed at management teams interested in partnering with Highland. By using or accessing this Site, you acknowledge that you have read, understood and agree to the practices and policies outlined in this Terms of Use and Privacy Policy, and you hereby consent to our collection, use, and sharing of your information in the manner described herein.

Who We Are

Highland Capital Partners is an independent venture capital firm (“Highland” “we” “our” “us”). Its Investment Adviser is Highland Capital Partners LLC, located at One Broadway, 16th Floor, Cambridge MA 02142. Highland Capital Partners (Shanghai) Investment Consulting Co., Ltd, is a wholly owned subsidiary of Highland Capital Partners LLC and is located at Shanghai Chong Hing Financial Centre, Suite 2606, 288 Nan Jin Road, West Huang Pu District, Shanghai 200003, China.

In accordance with industry custom, this Site occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence. Also, although certain individuals are identified on this Site as "Partners" these titles reflect business usage that is customary within our industry and are not intended to indicate that any such individual is actually a partner or general partner of any partnership as those terms are used for legal purposes.

Privacy

Please read this Privacy Policy carefully in order to understand what information Highland collects about visitors to the Site, and how Highland uses and discloses that information. If you do not agree with the content of this Privacy Policy, please do not use this Site. We encourage you to check our Site frequently to see the current Privacy Policy and Terms and Conditions of Use in effect and any changes that may have been made to them. If we make material changes to this Privacy Policy we will notify you by posting the revised Privacy Policy and the revised effective date on this Site, by sending you an e-mail, and/or by some other means.

Types of Information Collected

Highland both non-personal information and personal information (which includes personal identifiers) from your interactions with us via the Site. Non-personal information is information that does not, by itself, identify the visitor as a specific individual. Personal information, is information that specifically identifies a visitor to the Site (which may includes contact information). As used in this Privacy Policy, “personal information” includes information referred to as “Personal Information” under the California Consumer Privacy Act (“CCPA”).

Information You Provide to Us - If you have provided your email address and do not want to receive communications from us, please indicate your preference by clicking on the “Unsubscribe” link at the bottom of an email message. You may obtain access to your personal information collected by Highland by sending an e-mail to jhealey@hcp.com.

Information Collected Automatically Highland may collect information during your visit to the Site through our automatic data collection tools, which may include cookies and other commonly used information-gathering tools. These tools collect certain information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at the Site. They may also collect information about your Internet Protocol (IP) address and clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Site), geolocation data, and information about your device.  

A "cookie" is a small piece of data stored on a user's browser, and contains non-personally identifiable information about the user. When you visit the website, Highland may place a "cookie" in order to improve your experience by recognizing you when you visit the website and in order to allow the company to optimize the information presented based on your demonstrated areas of interest. Cookies may also be used to compile information about website usage. If you subsequently provide us with personal information such as your email address, we may associate any cookies on your browser with that information

You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.  If you click on a link to a third party website or service, a third party may also transmit cookies to you.  This Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.

Children’s Privacy - Highland is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personally identifiable information on the Site from persons under 13 years of age, and no part of our website is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. In the event that Highland discovers that personal information has been collected from a person under 13 years of age, without verified parental consent in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"), Highland will delete such information.

HOW HIGHLAND USES AND DISCLOSES YOUR PERSONAL INFORMATION

Contacting You - Highland may use personal information you provide in order to contact you. For example, if you sign up for the Highland newsletter, we may use your contact information to send you the Highland newsletter and other communications from us. If you provide Highland with contact information or other information about yourself in connection with a Highland event, we may use that information internally and to communicate with you regarding our events.

Aggregated Information - Highland  may share information in aggregate form (i.e., that cannot reasonably identify a particular individual) with third parties for business purposes, such as service providers, consultants and advisors to Highland.

Protection of Highland and Others -  Highland  may disclose your information to a third party if required to do so by law or if, in good faith, we believe that such action is necessary to: (1) comply with the law, court order or with other legal process; (2) protect and/or defend Highland’s rights and property or prevent fraud; (3) protect Highland against abuse, misuse or unauthorized use of our products or services; (4) protect the rights, safety and/or property of its personnel, affiliates, users of this Site or the public or (5) to enforce our rights under any legal agreement to which we are party, including this Privacy Policy and Terms of Use.

We do not sell or otherwise disclose your information to third parties for monetary or other valuable consideration.

Confidential Information and Use of Site Generally

We cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials submitted to us (whether or not solicited) in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us as we determine in our sole discretion.  Please consider this carefully before sending us any information that you deem confidential or proprietary. 

By using the Site, you agree not to: (1) take any action that imposes an unreasonable load on the Site’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted on the Site by Highland or any other person or entity, or (5) frame or link to any of the materials or information available on the Site.

No Offer, Solicitation or Advice

The purpose of this Site is limited to providing you with general information about us. Nothing on this Site is intended to constitute or forms a part of (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a Highland entity in writing, neither this Site nor any of the information made available on this Site make any effort to present a comprehensive or balanced description of Highland or its investment activities.  Any portfolio company described on this Site may not be representative of all investments made by any Highland fund and is intended to be illustrative of the types of investments that may be made by such Highland fund.

Content

We or our licensors own the materials, information and content made available on this Site (collectively, the “Content”). The Content is protected by United States and foreign copyright and other intellectual property laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms. You may use Content from the Site, in the form that it is made available on the Site, solely for your own internal business purposes or personal use. No other use is permitted without our prior written consent; for example, the Content and Site may not be distributed, republished, uploaded, posted, or transmitted in any way, without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Site will automatically terminate and you will immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Highland (the "Highland Trademarks") used and displayed on this Site are registered and unregistered trademarks or service marks of Highland. Other product and service names located on the Site may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with the Highland Trademarks, the "Trademarks"). Nothing on this Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Highland specific for each such use. The Trademarks may not be used to disparage Highland or the applicable third-party or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Highland Trademark will inure to our benefit.

Third-Party Sites and Information

Our Privacy Policy only covers our treatment of your personal information that we gather when you are accessing or using our Site, but not to the practices of companies we don’t own, control, or people that we don’t manage, nor to the privacy practices of any entity with whom Highland (or any of our affiliates) has an investment relationship, even if you are able to access such entity’s website or service through a link on the Site.  It also does not apply to information obtained or disclosed in offline correspondence, through other personal contacts with Highland representatives. We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

Restrictions on Use; No License

We reserve all rights with respect to the design, look and feel and content of this Site. In particular, you must not misappropriate the design or content of this Site and you must not alter or deface such design or content in any way. Nothing on this Site grants you a license to any content, features or materials you may access on this Site.

Limitation of Liability

ALL CONTENT IS PROVIDED "AS IS," AND NO GUARANTEE IS MADE AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT.  NO WARRANTIES ARE MADE WITH RESPECT TO THE CONTENT OR ANY OTHER ASPECT OF THE SITE, EXPRESS, IMPLIED OR STATUTORY. 

Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Content or otherwise.

Except as specifically agreed by a Highland entity in writing, NO HIGHLAND INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS SITE OR THE MATERIALS MADE AVAILABLE ON THIS SITE. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Other Information

This Site is operated and controlled by Highland in the United States. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States access it on their own initiative and are responsible for compliance with all applicable local laws and regulations.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

U.S. Government Restricted Rights. The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.

These Terms, and any disputes relating to these Terms or your use of this Site, will be governed in all respects by the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Highland entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Boston, Massachusetts. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Highland individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

We reserve the right to modify these Terms at any time. If we do this, we will post the changes on this page and will indicate at the bottom of this page the date the Terms were last revised. You may read a current, effective copy of the Terms at any time by selecting the "Terms of Use" link on the Site. You should check these Terms periodically for changes. Your continued use of this Site after the posting of changes constitutes your binding acceptance of such changes.

ACCESS AND DELETION

You may request the specific pieces of personal information we have collected from you or request that we delete the personal information that we have collected from you by contacting us at jhealey@hcp.com.  However, we may need to retain such information in certain circumstances if it is necessary to provide you with services you requested or if we use such data only for our internal analytical use. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you access to our Site or services, or provide you a lower quality of services if you exercise your rights under the CCPA. 

Contact Information

Any questions, concerns or complaints regarding these Terms should be sent to Jessica at jhealey@hcp.com.

 

Effective Date: January 1, 2020