The Pitch Inc. (“The Pitch”, “we”, “us” or “our”) owns and operates a business-to-business Application that brings performing artists and touring musicians together with arts presenters and concert buyers at the www.ThePitch.ca (the “Application”). The Application is purpose built to build a broad, trusted community of touring artists, agencies, performance companies, presenting networks, presenters, and venues seeking live or digital performances. Through the Application, we seek to provide users with (i) an opportunity for users to offer and view video-based performance pitches in customizable showcases (each, a “Performance Pitch”); and (ii) access to digital content creation and discovery that enables users to make connections with other users through the functionality of the Application (collectively, the “Services”).
- What is personal information?
- What personal information do we collect?
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This personal information includes:
- personal contact and identification information, such as your name, address, telephone number, social media handles, and email address;
- payment information, such as your credit card number, debit card number, and billing address;
- employment information, including your profession, professional interests, and the goods and/or services that you provide;
- your location and demographic information, including the locations in which you are willing to travel to provide services and/or meet with other users;
- personal information that is contained in any User Content (as defined in the Terms) that you create, submit, post, upload, publish or otherwise make available to The Pitch on or through the Application; and
- personal information that is contained in any Feedback (as defined in the Terms) that you provide to us.
- How do we collect your personal information?
As a general rule, The Pitch collects personal information directly from you. For example, we will collect certain personal information from you when you create an account with us.
We may also receive your personal information from a third party. We will make reasonable efforts to ensure that any third party that provides us with your personal information has obtained your permission to disclose your personal information to us (such permission may be given directly by you, or implied from your actions).
- Why do we collect and how do we use personal information?
We only collect personal information to provide you with the functionality and services available on and through our Application and which enables us to manage, maintain, and develop our operations. For example, we collect information in order to:
- establish, maintain and manage our relationship with you, including by contacting you, so that we may provide you with any services or communications that you have requested;
- allow you to participate in, subscribe to or otherwise receive services and communications from us;
- be able to comply with your requests (e.g., if you prefer to be contacted at a business or personal telephone number and advise us of your preference, we will use this information to contact you at that number);
- to introduce you to potential buyers or sellers on the Application based on your preferences, professional interests, and the goods and/or services you provide (e.g. information published to your account, except financial information such as credit card or bank account);
- understand your preferences and tailor communications and services to you and to send you information about The Pitch, our Applications, and Services;
- protect The Pitch against error, fraud, theft and damage to our Application, Services, assets or other properties;
- conduct analysis and evaluations to understand usage and trends to improve our Application, Services, communications and operations;
- enable us to comply with applicable laws or regulatory processes; and
- any other reasonable purpose to which you which we may notify you of, or to which you consent.
By consenting to our collection, use and disclosure of your personal information through our Application and Services you allow us to fulfill the purposes for which we collect your personal information. When we collect your information for research, statistical and development purposes, we ensure that any information used for our analysis and reports will be de-identified and aggregated in a manner that will not identify you. This de-identified and aggregated information may be shared with third-parties.
- When do we communicate with you, and why?
We will collect your express consent prior to sending you any commercial electronic messages, unless an exception to obtaining your opt-in consent applies under Canada’s Anti-Spam Legislation. You will have the opportunity to opt-out of receiving commercial electronic messages at any time.
By using and accessing our Application you agree to receive transactional communications about your account and activities on or in connection with the Application or the Services. For example, when you create an account, reset your password you will receive an email confirming your account details.
- When and to whom do we disclose your personal information?
Sharing Personal Information with the Public
Since the purpose of creating Performance Pitches is to share such Performance Pitches with other users, any personal information contained on your account or in a Performance Pitch will be shared with and viewed by the public. In other words, when you voluntarily disclose personal information on your public facing account or in a Performance Pitch, you are sharing such information with the public. Please be careful with your personal information and make sure that the User Content you share is material that you are comfortable being publicly viewable since neither you nor we can control what others do with your personal information once you share it in a Performance Pitch or on your account.
Our Affiliates, Employees, and Service Providers
We may disclose your personal information to our affiliates and our respective employees, contractors, consultants, service providers and other parties who require such information to assist us with managing our relationship with you, including third-parties that provide services to us or on our behalf. For example, we use third party service providers to assist us with our marketing and advertising activities and communications. These service providers may send you communications on our behalf.
Another example of a service provider is a payment processor. For the purposes of processing payments, we will provide your credit card, bank account, and billing information to a third party service provider to process payments made on or through the Application.
We may disclose your personal information to other third parties, including Ontario Presents’ Block Booking or I Want to Showcase to facilitate performer applications for showcases and other performances in Ontario. We may also disclose your personal information to artsdata.ca, a platform that links arts-related information and produces resources for performers and stakeholders in the Canadian arts sector. The personal information we share with any of these third parties does not include any financial information collected from you, such as your billing information.
Other General Disclosures
Finally, your personal information may be disclosed:
- as permitted or required by applicable law or regulatory requirements;
- to comply with valid legal processes such as search warrants, subpoenas or court orders;
- as part of our regular reporting activities under applicable law to protect the rights and property of The Pitch;
- during emergency situations or where necessary to protect the safety of a person or group of persons; and
- for any additional purposes for which we have obtained your consent to disclose your personal information.
Your Consent to our Disclosures
- How do we obtain your consent, and how can you withdraw it?
It is important to us that we collect, use or disclose your personal information only when we have your consent to do so. Your consent may be implied, deemed (using an opt-out mechanism) or express. We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. If you withdraw or vary your consent, we may not be able to provide you with the communications and/or services you request through our Application. For example, if you would like to receive our communications, but are not willing to provide your email address, we will not be able to fulfil your request.
- How is your personal information protected?
The Pitch will endeavour to maintain commercially reasonable physical, technical and procedural safeguards that are appropriate based on the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.
The security of your personal information is important to us. Please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.
- Updates to your personal information.
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes. You change or update the information we have about you by contacting us at Service@ThePitch.ca.
In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
- How long we retain personal information.
We don’t keep your personal information forever. We keep your personal information as long as is reasonably necessary for us to complete our dealings with you, or as may be required by law, whichever is longer.
- Access to your personal information.
You can ask to access the personal information that we have received from or possess about you. If you want to review, verify, delete or correct your personal information, please contact our Privacy Officer.
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. If you require assistance in preparing your request, please contact our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.
The Application is not directed to children and we do not knowingly collect, use or disclose personal information from children through the Application, except where in compliance with applicable laws.
- Collection of other information; Cookies
The Pitch may also collect information related to your visit to our Application, including the IP address and device domain used to access our Application, the operating system on your device, your device settings, application IDs, the type and version of your browser, crash data, other unique device identifiers, the website you came from to access our Application, the page of our Application you entered and exited at, any page within our Application that is viewed by your IP address and what country you are from. We use this information to monitor our Application’s performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our Application.
- Links to third party websites.
Our Application may contain links to other websites that may be subject to less stringent privacy standards. These links are provided for your convenience only and you assume all risk for clicking these links to other websites. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. The Pitch is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.
- Contact Us.
by email to:
or by mail to:
79 Ponderosa Drive
**If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us. **