PRIVACY POLICY

  1. Introduction

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”).

We are committed to maintaining the accuracy, confidentiality, and security of your personal information. This Privacy Policy describes the personal information that we collect, use, and disclose when you use the Application and the Services. The purpose of this Privacy Policy is to help you understand what types of information we collect and what may happen to that information when you use the Application or the Services.

By accessing or using the Application or the Services, you agree to accept this Privacy Policy, including the terms and conditions of this Privacy Policy that relate to the ways that we collect, use, disclose, and otherwise process your personal information. You can withdraw your consent at any time by contacting our Privacy Officer using the contact information that is provided in this Privacy Policy below. Please note that if you choose to withdraw your consent, we may not be able to provide you with access to or use of our Application or Services. 

This Privacy Policy forms part of our Terms of Use (the “Terms”), available here. Please read this entire document carefully.

  1. Where this Privacy Policy is effective.

The Pitch is subject to the Personal Information Protection and Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation.  You acknowledge and agree that access to the Application and the Services are provided via the Internet and that your personal information may be transferred across provincial and national borders and stored or processed in accordance with the terms and conditions of this Privacy Policy.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be consistent with privacy laws and requirements in all jurisdictions.

  1. What is personal information?

For the purposes of this Privacy Policy, personal information is any information about or that identifies an individual.

  1. 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.
  1. 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).

  1. 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.

  1. When do we communicate with you, and why?

Marketing Communications

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.

Transactional Communications

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.

  1. 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.

Third Parties

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.

Business Transactions

Personal information may also be disclosed or transferred to another party during the course of, or upon completion of, a change in ownership of, or the grant of a security interest in, all or a part of The Pitch or its affiliates through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

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

Since we may share your personal information with third parties, as described in this Privacy Policy, your personal information may be collected, used, processed, stored or disclosed outside of your jurisdiction of residence, including in Quebec. As such, your personal information may potentially be accessible to law enforcement and national security authorities of another jurisdiction where local laws provide for a different level of protection for personal information. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security agencies in those other countries may be entitled to access your personal information.

If you would like further information about our policies and practices regarding the third parties (including our service providers) with whom we disclose your personal information and how these third parties collect, use, disclose and store personal information, please contact our Privacy Officer using the contact details below. By providing your personal information to us, you consent to our disclosure of this information to our service providers (and other third parties) as described in this Privacy Policy, including those that may be located outside of your jurisdiction of residence.

  1. How do we obtain your consent, and how can you withdraw it?

Obtaining Consent

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.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavour to advise you of that purpose before such use or disclosure.

Withdrawing Consent

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.

By accessing or using the Application or the Services, you consent to the collection, use and, disclosure of your personal information as explained in this Privacy Policy.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Interpretation of this Privacy Policy.

This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore, where the word “including” is used, it shall mean “including without limitation”.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon The Pitch any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada’s federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

  1. Children

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.

  1. 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.

Our Application uses cookies and technologies which are similar to cookies (“Cookies”). A Cookie is a small file of letters and numbers that we may set on your device to store and sometimes track information about you. Cookies and similar technologies we use are designed for “analytics”. This allows us to distinguish you from other users of the Application. This helps us to provide you with a good experience when you use the website and allows us to improve our Application and Services.  The Cookies we use are required for the operation of our website. They include, for example, Cookies that enable us to remember information you have typed into an online form. These Cookies are deleted when you close your browser.

  1. Changes to this Privacy Policy.

The Pitch may make changes to this Privacy Policy from time to time to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our Application.

If we make any material changes, we will notify you as required by law but encourage you to check back often for updates. Your continued use of the Application after an update or amendment to this Privacy Policy means that you consent to the collection, use, and disclosure of your personal information as described in the updated Privacy Policy.

This Privacy Policy was last updated on May 30, 2022.

  1. 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.

  1. Contact Us.

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by email. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction. We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

by email to:    

service@ThePitch.ca

or by mail to:

            The Pitch

            79 Ponderosa Drive

            Whitehorse, YT

            Y1A 5E8

 

**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. **

 

 

 

 

 

 

 

 

 

 

The Pitch Inc. acknowledges that we live, work, meet and travel on the traditional territories of many Indigenous peoples who have cared for this land since time immemorial. The Pitch Inc. is headquartered in Whitehorse, Yukon, on the Traditional Territories of the Ta’an Kwäch’än Council and Kwanlin Dün First Nation, self-governing nations under the Umbrella Final Agreement.