Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the PitchUpp Principles, and is our terms of service that governs our relationship with users and others who interact with PitchUpp, as well as products and services, which we call the “PitchUpp Services” or “Services”. By using or accessing the PitchUpp Services, you agree to this Statement.
You agree that by clicking “Sign Up”, “Log in”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with PitchUpp (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services.
This Contract applies to PitchUpp.com, communications and other services that state that they are offered under this Contract (“Services”). This contract applies to both Registered users of our Services “Members” and unregistered users are “Visitors”.
You are entering into this Contract with PitchUpp (also referred to as “we” and “us”). You are entering into this Contract with PitchUpp InCorporated and your personal data provided to, or collected by or for, our Services is controlled by PitchUpp Incorporated.
1.2 Members and Visitors
When you register and join the PitchUpp Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
2.1 Service Eligibility
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one PitchUpp account, which must be in your real name; and (3) you are not already restricted by PitchUpp from using the Services.
“Minimum Age” means 18 years old. However, if law requires that you must be older in order for PitchUpp to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You’ll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you buy any of our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date..
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Service Messages
You’re okay with us providing notices to you through our websites, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices.
You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
When you share information, others can see, copy and use that information.
Our Services allow sharing of information in many ways, such as your profile, links to news articles, job postings, and blogs. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., sharing content only to PitchUpp connections, or restricting your profile visibility from search engines). If you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
For compliance purpose PitchUpp incorporate will have access to your profile and content and we are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to PitchUpp
You own all of the content, and personal information you provide to us, but you also grant us a non-exclusive license to it.
You promise to only provide information and content that you have the right to share, and that your PitchUpp profile will be truthful.
As between you and PitchUpp, you own the content and information that you submit or post to the Services and you are only granting PitchUpp the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information.
We will get your consent if we want to give third parties the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your choices.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
By submitting suggestions or other feedback regarding our Services to PitchUpp, you agree that PitchUpp can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. PitchUpp may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through PitchUpp, and we aren’t responsible for those third-party activities.
We have the right to limit how you connect and interact on our Services.
PitchUpp reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. PitchUpp reserves the right to restrict, suspend, or terminate your account if PitchUpp believes that you may be in breach of this Contract or law or are misusing the Services.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
PitchUpp reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. PitchUpp, and “in” logos and other PitchUpp trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of PitchUpp.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, PITCHUPP AND ITS AFFILIATES (AND THOSE THAT PITCHUPP WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PITCHUPP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), PITCHUPP AND ITS AFFILIATES (AND THOSE THAT PITCHUPP WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PITCHUPP AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PITCHUPP OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Contract anytime we want.
Both you and PitchUpp may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in Ontario Courts using Canadian Law.
7. General Terms
Here are some important details about how to read the Contract.
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that PitchUpp has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that PitchUpp may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. PitchUpp “Dos” and “Don’ts”
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
You agree that you will not:
Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
Use an image that is not your likeness or a head-shot photo for your profile;
Create a false identity on PitchUpp. The occasional creation of clearly fictional profiles by PitchUpp or with its express permission in connection with a promotional campaign does not waive this obligation;
Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
Create a Member profile for anyone other than yourself (a real person);
Use or attempt to use another's account;
Harass, abuse or harm another person;
Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by PitchUpp;
Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of PitchUpp;
Solicit email addresses or other personal information from Members you don’t know, without authorization.
Use, disclose or distribute any data obtained in violation of this policy;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
Violate the intellectual property or other rights of PitchUpp, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “PitchUpp” or our logos in any business name, email, or URL
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
Create profiles or provide content that promotes escort services or prostitution.
Create or operate a pyramid scheme, fraud or other similar practice;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by PitchUpp without our express consent (e.g., representing yourself as an accredited PitchUpp trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
Sell, sponsor, or otherwise monetize any Service without PitchUpp’s consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Remove, cover or obscure any advertisement included on the Services;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Overlaying or otherwise modifying the Services or their appearance;
Access the Services except through the interfaces expressly provided by PitchUpp, such as its mobile applications, PitchUpp.com and slideshare.net;
Use a Service for tasks that it is not intended for;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
1. Information We Collect
1.1 Information You Provide To Us
You provide data to create an account with us.
To create an account you provide data including your name, email address and/or mobile number, and a password. If you register for a paid Service, we ask you for payment (e.g., credit card) and billing information.
You create your PitchUpp profile (a complete profile helps you get the most from our Services).
You have choices about the information on your profile, such as your education, work experience, skills, photo, city or area and endorsements. Profile information helps you to get more from our Services. It’s your choice whether to include sensitive information on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available.
You give other data to us, such as by syncing your address book or calendar.
Posting and Uploading
We collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, submit a pitch and apply for or save jobs or send invitations.
Customers and partners may provide data to us.
We receive personal data about you when you use the services of our customers and partners, such as prospective employers and applicant tracking systems providing us job application data.
1.3 Service Use
We log your visits and use of our Services.
We log usage data when you visit or otherwise use our Services. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.
1.4 Cookies, Web Beacons and Other Similar Technologies
We collect data through cookies and similar technologies.
1.5 Your Device and Location
We receive data from your devices and networks, including location data.
When you visit or leave our Services we get information about your IP address, proxy server, operating system, and web browser.
If you communicate through our Services, we learn about that.
We collect information about you when you send, receive, or engage with messages in connection with our Services.
1.7 Workplace Provided Information
When your employer buys a paid Service for you to use at work, they may give us data about you.
An employer (or other person or entity procuring our Services for your use) may provide us information about their employees or contractors who make use of these Services. For example, we will get contact information for “Company Page” administrators.
1.8 Sites and Services of Others
We get data when you visit sites that include our plugins, ads or cookies or log-in to others’ services with your PitchUpp account.
We receive information about your visits and interaction with services provided by others when you log-in with PitchUpp.
We are improving our Services, which means we get new data and create new ways to use data.
2. How We Use Your Data
We use your data to provide, support, personalize and develop our Services.
How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide, support, personalize and make our Services (including ads) more relevant and useful to you and others.
Our Services help you connect with others, find work and business opportunities, stay informed, and be more productive.
We use your data to authenticate you and authorize access to our Services.
Our Services allow you to explore careers, evaluate opportunities, and seek out career opportunities. We will use your data to recommend jobs, show you and others who work at a company, in an industry, function or location or have certain skills and connections. We may use your profile and activity to recommend jobs to you and you to recruiters.
2.2 Paid Services
Our paid Services allow paying users to post jobs, and contact Members through our Services. Your payment information may be stored.
We contact you and enable communications between members. We offer settings to control what and how often you receive some types of messages.
We will contact you through email, notices posted on our websites and push notifications.
We promote our Services to you and others.
We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Services.
2.5 Developing Services and Research
We develop our Services and conduct research.
We use data, including public feedback, to conduct research and development for the further development of our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect professionals to each other and to economic opportunity.
We seek to create economic opportunity for members of the global workforce and to help them be more productive and successful. We use the data available to us to research social, economic and workplace trends such as jobs availability and skills needed for these jobs and policies that help bridge the gap in various industries and geographic areas. In some cases, we work with trusted third parties to perform this research, under controls that are designed to protect your privacy. We publish or allow others to publish economic insights, presented as aggregated data rather than personal data.
2.6 Aggregate Insights
We use data to generate aggregate insights.
We use your information to produce aggregate insights that do not identify you. For example we may use your data to generate statistics about our users, their profession or industry, the number of ad impressions served or clicked on, or the demographic distribution of visitors to a site.
2.9 Security and Investigations
We use data for security, fraud prevention and investigations.
3. How We Share Information
3.1 Our Services
As a candidate any information you include on your profile will be seen by employers of the jobs you have applied to and PitchUpp Incorporated.
As an employer any information you include on your profile will be seen public and visible to candidates and PitchUpp Incorporated.
Any information you share through companies’ or other organizations’ pages on our Services will be viewable by it and others who visit those pages.
3.2 Service Providers
We may use others to help us with our Services.
We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated to not to disclose or use it for other purposes.
3.6 Legal Disclosures
We may need to share your data when we believe it’s required by law or to protect your and our rights and security.
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of PitchUpp, our Members, personnel, or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. To learn more see our Data Request Guidelines and Transparency Report.
4. Your Choices & Obligations
4.1 Data Retention
We keep most of your personal data for as long as your account is open.
We retain the personal data you provide while your account is in existence or as needed to provide you Services. Even if you only use our Services when looking for a new job every few years, we will retain your information and keep your profile open until you decide to close your account. In some cases we choose to retain certain information (e.g., visits to sites carrying our “share with PitchUpp” or “apply with PitchUpp” plugins without clicking on the plugin) in a depersonalized or aggregated form.
4.2 Rights to Access and Control Your Personal Data
You can access or delete your personal data. You have many choices about how your data is collected, used and shared.
We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and communication controls.
4.3 Account Closure
We keep some of your data even after you close your account.
If you choose to close your PitchUpp account, your personal data will generally stop being visible to others on our Services within 24 hours.
We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized information after your account has been closed.
5. Other Important Information
We monitor for and try to prevent security breaches. Please use the security features available through our Services.
We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please visit our Safety Center for additional information about safely using our Services, including two-factor authentication.
5.2. Cross-Border Data Transfers
We may store and use your data outside your country.
We may process data both inside and outside of Canada.
You can contact us or use other options to resolve any complaints.