UPITCH PRIVACY POLICY

Effective as of September 2024

Introduction

This policy (together with Terms of Service and any additional terms of use incorporated by reference into such Terms of Service, together our Terms of Use) applies to your use of:

  • The current version of the UPitch App (which was last updated on the date set out on the App Store you used to update this App) mobile application software (App) [available on our site/App Stores] OR hosted on www.upitch.app (App Site), once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).

  • Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

Important information and who we are

Angel Investment Technology (AIT) Limited (trading as UPitch), with company registration number 14939318 and registered office address: Old Linnen Court, 83-85 Shambles Street, Barnsley S70 2SB England is the controller and is responsible for your personal data (collectively referred to as "Company", "we", "us" or "our" in this policy).

We have appointed a data privacy manager. If you have any questions about this privacy policy, please contact them using the details set out below.

Contact details

Our full details are:

  • Full name of legal entity: Angel Investment Technology (AIT) Limited

  • Data Privacy Manager (Communications Director)

  • Email address: [privacy@UPitch.app]

  • Postal address: [Wellington House Aviator Court, Clifton Moor, York, YO30 4UZ]

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues.

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 21/09/2024. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email and/or through the messaging functionality on the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

Third party links

The App and/or Our Sites (as defined below) may, from time to time, contain links to and from the websites of our partner networks and affiliates.

Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

The data we collect about you

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data. (Name)

  • Contact Data. (Email and Phone Number)

  • Transaction Data. (Product Interaction)

  • Device Data. (Device ID)

  • Content Data. (Photos or Videos, and Other User Content)

  • Profile Data. (User ID)

  • Usage Data. (Crash Data, Performance Data, Diagnostic Data and Other Usage Data)

  • Communications Data. (Customer Support)

  • Physical Address Data

We explain these categories of data later in the document.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.

For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How is your personal data collected?

We will collect and process the following data about you:

  • Information you give us. This is information (including Identity, Contact and Communications Data) you consent to giving us about you by filling in forms on the App, the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, make an in-App purchase, share data via an App's social media functions, enter a competition, promotion or survey (including to enter into such activities with third parties), enter into any agreement with other users using our App, or contacting other users through our messaging functions and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, we will keep a record of that correspondence.

  • Information we collect about you and your device. Each time you visit one of Our Sites or use one of our Apps we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy for further details.

  • Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

    • Device Data from the following parties:

      analytics providers;

      and search information providers.

    • Contact and Transaction Data from providers of technical, payment and delivery services such as Apple and Google;

    • Identity and Contact Data from data brokers or aggregators;

    • Identity and Contact Data from publicly available sources; and

    • Identity and Contact Data from business networks and other social media networks.

  • Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.

Cookies

We use cookies and/or other tracking technologies to distinguish you from other users of the App, App Site, the distribution platform (Appstore/GooglePlay) or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of Our Sites and also allows us to improve the App and Our Sites.

For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy.

How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

  • Where you have consented before the processing.

  • Where we need to perform a contract we are about to enter or have entered with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal or regulatory obligation.

Review our Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.

Privacy Policy

Purposes for which we will use your personal data

Purpose/activity Type of data Lawful basis for processing
To install the App and register you as a new App user Identity
Contact

Device		 Your consent
To process in-App purchases and deliver Services including managing payments and collecting money owed to us Identity
Contact

Transaction
Device
UPitch Communications
 Your consent

Performance of a contract with you

Necessary for our legitimate interests (to recover debts due to us)
To populate details into NDAs entered into between you and other users pursuant to the Services provided in the App. Identity
Contact
Usage
Physical Address		 Your consent

Necessary for our legitimate interests (to keep records of NDA terms entered into by our users)
To manage our relationship with you including notifying you of changes to the App or any Services Identity
Contact

Profile
UPitch Communications		 Your consent

Performance of a contract with you

Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)

Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)
To enable you to participate in a prize draw, competition or complete a survey or otherwise engage with UPitch Identity
Contact
Device
Profile
UPitch Communications		 Your consent

Performance of a contract with you

Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)
To administer and protect our business and this App including troubleshooting, data analysis and system testing Identity
Contact
Device		 Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To deliver content to you

To make recommendations to you about UPitch services which may interest or assist you



To monitor trends so we can improve the App		 Identity
Contact
Device
Content
Profile
Usage
UPitch Communications
 Consent

Necessary for our legitimate interests (to develop our products/Services and grow our business)

Disclosures of your personal data

When you consent to providing us with your personal data, you will be able to designate your consent to sharing your personal data with the third parties set out below for the purposes set out in the table above by indicating this in your App account settings:

·        Internal Third Parties as set out in the Glossary.

·        External Third Parties as set out in the Glossary.

·        Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

·        We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; and/or

·        Where we use certain service providers or engage with those external third parties, we may use specific contracts approved by the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by our chosen third-party provider of payment processing services will be encrypted in accordance with the notified encryption of that payment service provider. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our App or Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. By way of example, the data will be kept on secure servers in the UK. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We will also collect and store personal data on your Device as part of the provision of our App. Please contact us if you would like further information on the manner of storage.

Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

Data retention

By law we must keep basic information about our customers (including Contact, Identity and Transaction Data) for seven years after they cease being customers for accounting, tax and other legal purposes.

In some circumstances you can ask us to delete your data: see “Your legal rights” below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 12 months then we will treat the account as expired and your personal data may be deleted.

Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Please review the “Your Legal Rights” definition in the Glossary to find out more about these rights.:

You also have the right to ask us not to continue to process your personal data.

You can exercise any of these rights at any time by contacting us at privacy@UPitch.app.

Glossary

Lawful basis

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third parties

Internal third parties

Other companies in our group acting as joint controllers or processors who are based in countries outside the UK and who operate local versions of the App or who may otherwise support our activities by providing administration services.

External third parties

Service providers acting as processors based in countries outside the UK including India who provide services including but not limited to IT support, development services for the App and system administration services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based both inside the UK and outside the UK who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue and Customs, regulators and other authorities based in the UK and other applicable countries outside the UK who may require reporting of processing activities in certain circumstances.

Your legal rights

You have the right to:

·        Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

·        Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

·        Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

·        Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

·        Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a)      if you want us to establish the data's accuracy;

(b)      where our use of the data is unlawful but you do not want us to erase it;

(c)      where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(d)      you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

·        Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

·        Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Description of categories of personal data

·        Identity Data: first name, last name, maiden name, username or similar identifier, marital status, title (or salutation), date of birth, gender or sex.

·        Contact Data: billing address, delivery address, email address and telephone numbers.

·        Transaction Data: includes details about payments to and from you and details of in-App purchases and purchased subscription information.

·        Device Data: includes the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting.

·        Content Data: includes information stored on your Device, including contact lists, login information, photos, videos or other digital content, check-ins.

·        Profile Data: includes your username and password, in-App purchase history, your interests, business experience and history, preferences, feedback, questionnaire and survey responses.

·        Usage Data: includes details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

·        Communications Data: includes your preferences in receiving informtion from us about updates and/or services that aid your use of the app.

 

Cookie Policy – Upitch

Our App and/or Our Sites (as defined in our Privacy Policy) use tracking information and cookies to distinguish you from other users of our App and/or Our Sites. This helps us to provide you with a good experience when you use an App, browse Our Sites and also allows us to improve our App and/or Our Sites.

A cookie is a small file of letters and numbers that we store on your browser or your device(s) if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

·        Strictly necessary cookies. These are cookies that are required for the operation of the App or Our Sites. These essential cookies are always enabled because the App or Our Sites won’t work properly without them. They include, for example, cookies that enable you to log into secure areas of the App or Our Sites.  

·        Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the App or Our Sites when they are using it. This helps us to improve the way the App or Our Sites work, for example, by ensuring that users are finding what they are looking for easily.

·        Functionality cookies. These are used to recognise you when you return to the App or Our Sites. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
LOGIN INFORMATION

LOGIN		 To store user data like name, email, phone and other login credentials

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
USER CREATED PITCHES

PITCHES		 List of pitches that the user has created, with all the media data of that pitch.

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
SAVED AND LIKED PITCHES

PITCHES 2 		Data related to the pitches that the user has saved or liked

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
MESSAGES AND GROUPS

MESSAGES		 Chat messages and threads that the user has.

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
SYSTEM VIDEOS

VIDEOS		 Data related to the system videos in the feed

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
IAP ITEMS

IAP		 Data related to the in-app purchase items that are available in the app

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
LAST UPDATE TIME

TIME		 Used to know when was the last time the data inside the app was updated

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.
Cookie Policy
Cookie Title

Cookie Name		 Purpose More information
BUILD ID

BUILD		 Used to store the current version of the app

Examples of purposes for which a cookie may be used:

This cookie is essential for the App or Our Sites to OR enables us to:

[(a) Estimate our audience size and understand how our App or Our Sites are used.

[(b) Store information about your browsing preferences, and so allow us to customise the App or Our Sites and to provide you with offers that are targeted to your individual interests.

[(c) Speed up your searches.

[(d) Recognise you when you return to the App or Our Sites.

[(e) Allow you to use the App or Our Sites in a way that makes your browsing experience more convenient. If you register with us or complete our online forms, we will use cookies to remember your details during your current visit, and any future visits provided the cookie was not deleted in the interim.

Please note that the following third parties may also use cookies, over which we have no control. These named third parties may include, for example, advertising networks and providers of external services like web traffic analysis services. These third-party cookies are likely to be analytical cookies or performance cookies or targeting cookies.

To deactivate the use of third-party advertising cookies, you may visit the relevant consumer page to manage the use of these types of cookies.

To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.

You can choose which analytical, functionality and targeting cookies we can set by clicking on the button (s) in your App settings or the relevant Site (as applicable):

Strictly necessary cookies    ALWAYS ACTIVE

Analytical or performance cookies    ON/OFF

Functionality cookies    ON/OFF

Targeting cookies    ON/OFF

However, if you change your settings to block all cookies (including essential cookies) you may not be able to access all or parts of the App or Our Sites or our Services.

If you have any questions or concerns about our use of cookies, please send us an email at privacy@UPitch.app