These Terms and Conditions ("Agreement") govern access to and use of the data enrichment and intelligence services provided by PitchMe Corp Limited ("PitchMe", "we", "us", or "our") to any organisation or individual ("Customer" or "you") that subscribes to or uses our platform.
By accessing or using our services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organisation, you represent that you have authority to bind that organisation to these terms.
PitchMe Corp Limited is incorporated in England and Wales (Company No. 11052281) with its registered office at 8 Devonshire Square, London, England, EC2M 4YJ.
1. Definitions
In this Agreement, the following terms have the meanings set out below:
"Services" means PitchMe's SaaS-based data enrichment, talent intelligence, and database enrichment platform, including all associated APIs, integrations, dashboards, and support services.
"Customer Data" means all data, information, and records provided by Customer to PitchMe in connection with the Services, including talent and candidate profiles.
"Enriched Data" means Customer Data that has been processed, updated, or supplemented by PitchMe using the Services.
"Authorised User" means any employee, contractor, or agent of Customer who is permitted by Customer to access and use the Services under Customer's account.
"Service Term" means the Initial Service Term and any Renewal Terms as specified in the applicable Order Form.
"Order Form" means the commercial schedule executed between PitchMe and Customer that specifies the Services, fees, service capacity, and other order-specific terms.
"Intellectual Property" means all patents, trade marks, service marks, trade names, copyright, database rights, design rights, know-how, trade secrets, and all other intellectual property rights, whether registered or unregistered.
"Applicable Data Protection Law" means the UK General Data Protection Regulation (UK GDPR), the EU General Data Protection Regulation (EU GDPR 2016/679), the Data Protection Act 2018, the California Consumer Privacy Act (CCPA) as amended by the CPRA, and any other applicable data protection or privacy legislation.
"Personal Data", "Controller", "Processor", "Processing", "Data Subject", and "Sub-processor" have the meanings given in Applicable Data Protection Law.
"SOC 2" means the System and Organisation Controls 2 framework developed by the American Institute of CPAs (AICPA), covering the Trust Services Criteria of security, availability, processing integrity, confidentiality, and privacy.
"Security Incident" means any actual or reasonably suspected unauthorised access to, disclosure of, loss, destruction, or alteration of Customer Data or Personal Data.
2. Services
2.1 Provision of Services
Subject to the terms of this Agreement and payment of applicable Fees, PitchMe will use commercially reasonable efforts to provide the Services as described in the applicable Order Form. PitchMe's provision of the Services is non-exclusive; PitchMe may provide the same or similar services to other customers, including competitors of Customer.
2.2 Access and Authorised Users
PitchMe grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the Service Term, solely for Customer's internal business purposes. Customer is responsible for all Authorised Users' use of the Services and must ensure Authorised Users comply with this Agreement. Customer must not share access credentials and must notify PitchMe immediately of any suspected unauthorised access.
2.3 Continuous Enrichment
Where the Services include a continuous enrichment function, PitchMe will periodically refresh and update talent profiles in Customer's designated system on an automated, ongoing basis. The scope, prioritisation, and scheduling of enrichment are as set out in the applicable Order Form. Enrichment outcomes are subject to the availability and quality of third-party data sources and PitchMe does not guarantee 100% enrichment of all profiles.
2.4 Integrations and API Dependency
Where the Services operate via integration with Customer's third-party systems (such as applicant tracking systems), the pace and volume of enrichment may be governed by the API call allowance available under Customer's third-party subscription. PitchMe shall have no liability for any reduction in enrichment output arising from insufficient API availability on Customer's third-party systems. Customer is solely responsible for maintaining sufficient API access to enable delivery of the Services.
2.5 Support
PitchMe will provide reasonable technical support during the hours specified in the Order Form. Support is provided via email and, where agreed, via video call. PitchMe's standard support hours are Monday to Friday, 09:00–18:00 UK time, excluding UK public holidays.
2.6 Changes to Services
PitchMe may update, modify, or discontinue features of the Services from time to time. PitchMe will provide reasonable advance notice of any material change that is likely to adversely affect Customer's use of the Services. Minor or beneficial changes may be made without notice.
3. Customer Responsibilities
3.1 General Obligations
Customer shall: (a) provide PitchMe with all information, access, and cooperation reasonably required to deliver the Services; (b) ensure all Customer Data provided to PitchMe is accurate, complete, and lawfully obtained; (c) maintain appropriate technical and organisational measures to protect its own systems and access credentials; and (d) use the Services only in compliance with this Agreement and all applicable laws.
3.2 Prohibited Uses
Customer must not, and must ensure Authorised Users do not:
reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
use the Services to build, support, or assist any product or service that competes with PitchMe;
use the Services for benchmarking or comparative testing and disclose those results to third parties;
resell, sublicense, or otherwise make the Services available to any third party without PitchMe's prior written consent;
transmit to PitchMe any data relating to individuals under the age of 16 or any special categories of personal data (as defined in UK GDPR Article 9) without PitchMe's prior written approval;
use the Services in any manner that violates applicable law, infringes third-party rights, or creates security vulnerabilities;
remove or obscure any proprietary notices, branding, or labels on the Services.
3.3 Equipment
Customer is responsible for procuring and maintaining all hardware, software, and network connectivity required to access and use the Services.
4. Fees and Payment
4.1 Fees
Customer shall pay the Fees set out in the applicable Order Form in accordance with the payment terms specified therein. All Fees are stated exclusive of VAT or other applicable taxes, which shall be payable by Customer in addition.
4.2 Invoicing and Payment Terms
Unless otherwise agreed in the Order Form, invoices are due and payable within seven (7) days of the invoice date. PitchMe reserves the right to charge interest on overdue amounts at the rate of 1.5% per month (or the maximum permitted by law, if lower), accruing daily from the due date until the date of actual payment. Customer must raise any billing dispute with PitchMe no later than thirty (30) days after the date of the relevant invoice.
4.3 Overage
Where Customer's use of the Services exceeds the service capacity set out in the Order Form, Customer shall be charged the applicable overage fee per unit as stated in the Order Form. Overage fees shall be billed monthly in arrears.
4.4 Fee Increases
PitchMe may not increase Fees during the Initial Service Term. PitchMe may increase Fees for any Renewal Term by giving Customer at least thirty (30) days' prior written notice before the expiry of the then-current Service Term. If Customer does not accept a proposed increase, Customer may terminate this Agreement on written notice before the Renewal Term commences with no penalty.
4.5 Suspension for Non-Payment
If any amount remains unpaid for more than fourteen (14) days after its due date, PitchMe may, after providing written notice, suspend access to the Services until all outstanding amounts are paid in full.
5. Term and Termination
5.1 Term
This Agreement commences on the Effective Date specified in the Order Form and continues for the Initial Service Term. It will automatically renew for successive twelve (12) month Renewal Terms unless either party provides the other with written notice of non-renewal at least sixty (60) days before the end of the then-current Service Term.
5.2 Termination for Cause
Either party may terminate this Agreement on thirty (30) days' written notice if the other party materially breaches any term of this Agreement and (where capable of remedy) fails to remedy that breach within the notice period. Either party may terminate immediately on written notice if the other party becomes insolvent, enters administration, receivership, or liquidation, or ceases to carry on business.
5.3 Termination for Convenience
Customer may terminate this Agreement for convenience on sixty (60) days' written notice to PitchMe, subject to payment of all Fees accrued and outstanding up to and including the date of termination. No refund of pre-paid Fees shall be due unless termination is due to PitchMe's material breach.
5.4 Effect of Termination
On termination or expiry of this Agreement: (a) all licences and rights granted to Customer shall immediately cease; (b) Customer shall pay all Fees accrued up to and including the date of termination; (c) PitchMe will make Customer Data available for export for thirty (30) days following the effective date of termination, after which PitchMe may permanently delete Customer Data in accordance with its data retention policy; and (d) all provisions that by their nature should survive termination shall do so, including Sections 3, 4, 6, 7, 8, 9, and 10.
6. Intellectual Property
6.1 PitchMe IP
PitchMe owns all Intellectual Property in and to the Services, including all software, algorithms, models, documentation, improvements, enhancements, and derivative works. Nothing in this Agreement transfers any ownership of PitchMe's Intellectual Property to Customer.
6.2 Customer Data
Customer retains all right, title, and interest in and to Customer Data and Enriched Data returned to Customer as part of the Services. Customer grants PitchMe a limited, non-exclusive licence to access and use Customer Data solely to the extent necessary to deliver the Services during the Service Term.
6.3 Aggregated and De-identified Data
PitchMe may collect and use aggregated and fully de-identified data derived from the use of the Services for the purposes of improving and enhancing the Services, for internal analytics and R&D, and for reporting purposes. PitchMe shall not use identifiable Customer Data to develop, train, or commercialise any product or service offered to third parties, and shall not use Customer Data beyond what is strictly necessary to deliver the Services.
6.4 Feedback
If Customer provides PitchMe with feedback, suggestions, or ideas relating to the Services, PitchMe may use that feedback freely without obligation, compensation, or restriction, on an anonymous basis that does not identify Customer.
7. Confidentiality
7.1 Obligations
Each party ("Receiving Party") agrees to keep confidential all non-public information disclosed by the other party ("Disclosing Party") in connection with this Agreement ("Confidential Information"), and not to use Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement.
7.2 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was already known to the Receiving Party at the time of disclosure; (c) was independently developed by the Receiving Party without use of the Disclosing Party's information; (d) was disclosed to the Receiving Party without restriction by a third party with the right to do so; or (e) is required to be disclosed by applicable law or court order, provided the Receiving Party gives prompt prior written notice where legally permissible.
7.3 Duration
Confidentiality obligations shall survive termination of this Agreement for a period of five (5) years from the date of disclosure of the relevant information.
8. Data Protection
8.1 Roles
For the purposes of Applicable Data Protection Law, Customer is the Controller and PitchMe is the Processor in respect of all Personal Data processed by PitchMe on Customer's behalf in connection with the Services. PitchMe shall process Personal Data only in accordance with Customer's documented instructions and as set out in Schedule 1 (Data Processing Details).
8.2 Customer Warranties
Customer warrants and represents on a continuing basis that: (a) it has, and shall maintain throughout the Service Term, a valid and sufficient lawful basis under Applicable Data Protection Law to provide Personal Data to PitchMe; (b) it has provided adequate transparency to data subjects regarding processing by third-party enrichment providers; and (c) it will promptly notify PitchMe if any data subject withdraws consent, exercises a right to erasure, or otherwise objects to processing, so that PitchMe may suppress that profile from further enrichment.
8.3 PitchMe's Processing Obligations
PitchMe shall: (a) process Personal Data only on documented instructions from Customer; (b) ensure personnel authorised to process Personal Data are bound by confidentiality; (c) implement appropriate technical and organisational security measures as described in Section 9; (d) assist Customer in responding to data subject rights requests; (e) delete or return all Personal Data within thirty (30) days of termination; and (f) provide reasonable cooperation with audits and inspections.
8.4 International Transfers
Where Customer has selected United States data residency, PitchMe shall ensure that any transfer of Personal Data from the United Kingdom or European Economic Area to the United States is made in compliance with Applicable Data Protection Law, including by relying on Standard Contractual Clauses approved by the UK ICO or European Commission (as applicable), the EU-US Data Privacy Framework (where PitchMe is certified), adequacy decisions, or other lawful transfer mechanisms. Where Customer has selected United Kingdom or EEA data residency, PitchMe shall not transfer Personal Data outside the United Kingdom or EEA without ensuring equivalent safeguards are in place. PitchMe shall maintain and make available to Customer, on written request, details of the transfer mechanisms relied upon for each Sub-processor and data residency region.
8.5 Security Incidents
PitchMe shall notify Customer without undue delay and in any event within forty-eight (48) hours of becoming aware of a Security Incident affecting Personal Data, providing all information reasonably necessary for Customer to comply with its obligations to notify supervisory authorities and affected data subjects. Notification shall not constitute an admission of fault or liability.
8.6 CCPA
To the extent that Customer Data is subject to the California Consumer Privacy Act (CCPA), PitchMe processes that data as a Service Provider strictly for the Business Purpose of providing the Services. PitchMe shall not sell, share, retain, use, or disclose California Personal Information for any commercial purpose other than delivering the Services, and shall comply with all applicable provisions of the CCPA.
8.7 Data Retention
PitchMe shall retain Personal Data only for as long as necessary to deliver the Services and comply with its legal obligations. On termination or expiry of this Agreement, PitchMe shall, at Customer's election, return or delete all Personal Data within thirty (30) days, unless retention is required by law.
9. Security — SOC 2 Compliance
9.1 Security Programme
PitchMe maintains a comprehensive information security programme aligned with the SOC 2 Trust Services Criteria (Security, Availability, Processing Integrity, Confidentiality, and Privacy). PitchMe's security controls are designed to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, and unauthorised access.
9.2 Technical and Organisational Measures
PitchMe's security measures include, as a minimum:
Encryption of data in transit using TLS 1.2 or above, and encryption of data at rest using industry-standard protocols.
Access controls based on the principle of least privilege, with multi-factor authentication required for access to production systems.
Role-based access management ensuring that only authorised personnel can access Customer Data on a need-to-know basis.
Regular vulnerability assessments and penetration testing carried out by qualified internal or third-party security professionals.
Continuous monitoring and logging of access to production systems, with automated alerting for anomalous activity.
A formal Security Incident response plan with defined escalation procedures, notification timelines, and post-incident review processes.
Employee security awareness training conducted at least annually, including training on data protection, phishing, and acceptable use.
Secure software development lifecycle (SDLC) practices including code review, dependency scanning, and pre-deployment security testing.
Change management controls requiring review and approval for changes to production systems and infrastructure.
Business continuity and disaster recovery plans, tested at least annually, designed to maintain service availability and data integrity.
9.3 Sub-processors and Third-Party Risk
PitchMe conducts due diligence on all Sub-processors and third-party service providers with access to Customer Data, including review of their security certifications, data protection practices, and contractual commitments. PitchMe ensures that all Sub-processors are bound by data protection and security obligations no less protective than those in this Agreement.
9.4 Audit and Certification
PitchMe undergoes periodic independent audits of its security controls in accordance with the SOC 2 framework. Customer may request a copy of PitchMe's most recent SOC 2 Type II report (or equivalent summary) by submitting a written request to PitchMe's data protection contact, subject to execution of a suitable confidentiality agreement. PitchMe will also, upon reasonable written request and no more than once per calendar year, allow Customer or its nominated auditor to conduct a security assessment, subject to reasonable prior notice, confidentiality obligations, and cost allocation.
9.5 Availability
PitchMe targets a monthly uptime of 99.5% for the Services, excluding scheduled maintenance windows and events beyond PitchMe's reasonable control. PitchMe will provide advance written notice of scheduled maintenance that is expected to cause service disruption. Uptime performance and applicable service credits (if any) are as set out in the Service Level Terms in the applicable Order Form.
9.6 Infrastructure
PitchMe's platform is hosted on enterprise-grade cloud infrastructure (Amazon Web Services or equivalent), incorporating the provider's built-in security, availability, and compliance controls. PitchMe supports dual data residency: Customer Data may be stored and processed in data centres located in either (a) the United Kingdom or European Economic Area, or (b) the United States, depending on the region selected by Customer at the time of onboarding or as specified in the applicable Order Form. Customer must select its preferred data residency region prior to or at the time of execution of the Order Form. Once selected, PitchMe shall not migrate Customer Data to a different residency region without Customer's prior written consent. PitchMe shall ensure that data centre facilities in both regions meet equivalent standards of physical and logical security, and that processing in the United States is subject to appropriate transfer mechanisms under Applicable Data Protection Law (including, where applicable, Standard Contractual Clauses or reliance on the EU-US Data Privacy Framework).
10. Warranties and Disclaimers
10.1 Mutual Warranties
Each party warrants that: (a) it has full power and authority to enter into and perform its obligations under this Agreement; and (b) execution of this Agreement does not violate any other agreement to which it is a party.
10.2 PitchMe Service Warranty
PitchMe warrants that it will provide the Services in a professional and workmanlike manner, consistent with prevailing industry standards, and will use commercially reasonable efforts to maintain the Services in a manner that minimises errors and interruptions.
10.3 Disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PITCHME MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. PITCHME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VULNERABILITIES, OR THAT ENRICHMENT RESULTS WILL MEET ANY SPECIFIC ACCURACY THRESHOLD.
11. Limitation of Liability
11.1 Exclusion of Consequential Loss
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Aggregate Cap
EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO PITCHME IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3 Exceptions to Cap
The limitation in Section 11.2 shall not apply to: (a) PitchMe's liability arising from gross negligence or wilful misconduct in connection with a breach of confidentiality obligations (in which case PitchMe's aggregate liability shall not exceed two (2) times the Fees paid in the twelve months prior to the relevant event); (b) either party's liability for death or personal injury caused by negligence; (c) either party's liability for fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited by applicable law.
11.4 Data Breach
In respect of any Security Incident arising from PitchMe's breach of its security obligations under Section 9, PitchMe's liability shall not exceed the total Fees paid by Customer in the twelve (12) months prior to the incident, in addition to any rights Customer may have under Applicable Data Protection Law.
12. Indemnification
12.1 PitchMe Indemnity
PitchMe shall defend, indemnify, and hold harmless Customer from and against any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising directly from: (a) PitchMe's infringement of any third party's Intellectual Property rights in connection with the Services; or (b) PitchMe's breach of its data protection obligations under Section 8, provided that Customer gives PitchMe prompt written notice of the claim and reasonable cooperation in the defence.
12.2 Customer Indemnity
Customer shall defend, indemnify, and hold harmless PitchMe from and against any third-party claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) Customer's breach of its data protection warranties under Section 8.2; (b) Customer's breach of its obligations under Section 3; or (c) Customer's use of the Services in violation of applicable law.
13. General
13.1 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with this Agreement. Before commencing legal proceedings, the parties shall attempt in good faith to resolve any dispute through senior-level negotiations for a period of at least thirty (30) days.
13.2 Force Majeure
Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, industrial action, or failure of third-party infrastructure providers. The affected party must promptly notify the other and use reasonable endeavours to minimise the impact of the event.
13.3 Assignment
Customer may not assign or transfer this Agreement or any rights under it without PitchMe's prior written consent. PitchMe may assign this Agreement to an affiliate, or in connection with a merger, acquisition, or sale of all or substantially all of its assets, on written notice to Customer.
13.4 Entire Agreement
This Agreement (together with any applicable Order Form and Schedules) constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, representations, and understandings. No terms in any Customer purchase order or other document shall have effect unless expressly agreed in writing by PitchMe.
13.5 Amendments
PitchMe may update these Terms and Conditions from time to time. Material changes will be notified to Customer by email or via the Services at least thirty (30) days before they take effect. Continued use of the Services after the effective date of a change constitutes acceptance. If Customer does not accept a material change, Customer may terminate this Agreement on written notice before the change takes effect.
13.6 Waiver and Severability
No waiver by either party of any breach of this Agreement shall operate as a waiver of any subsequent breach. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force.
13.7 Notices
All notices under this Agreement shall be in writing and delivered by email (with delivery confirmation) or by recorded postal delivery to the addresses specified in the Order Form or as otherwise notified in writing. Notices to PitchMe shall be sent to legal@pitchme.co.
13.8 Relationship of Parties
The parties are independent contractors. Nothing in this Agreement creates any employment, agency, partnership, or joint venture relationship between the parties.
13.9 Attorneys' Fees
In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover its reasonable costs and legal fees.
13.10 Marketing
Neither party shall use the other party’s name, logo, trade marks, or branding in any marketing materials, press releases, case studies, social media content, or other public communications without obtaining the other party’s prior written consent in each instance, such consent not to be unreasonably withheld or delayed. For the avoidance of doubt, PitchMe shall not identify Customer as a customer, reference Customer in any promotional context, or use Customer’s name or logo on its website or in sales materials without Customer’s prior written approval. The parties may, by mutual written agreement, collaborate on joint marketing activities including press releases, case studies, or co-branded content. Any such materials shall be subject to each party’s review and written sign-off before publication or distribution. Either party may withdraw previously granted consent for ongoing use of its name or logo on thirty (30) days’ written notice, following which all such use shall cease. The consent procedures governing marketing activities, including the form of consent, scope of permitted use, and withdrawal process, are set out in Schedule 2 (Marketing Consent and Procedures) to this Agreement.
Schedule 2 — Marketing Consent and Procedures
This Schedule sets out the procedures governing how PitchMe and Customer manage consent for marketing activities, including the use of names, logos, case studies, testimonials, and any co-branded or joint content. It forms part of and is incorporated into the Agreement.
S2.1 Scope of Consent Requirement
Prior written consent is required from Customer before PitchMe may engage in any of the following activities:
Using Customer’s name, company name, or trading name in any public-facing context, including website listings, partner directories, or social media profiles.
Displaying Customer’s logo, trade marks, or visual branding in any format or medium.
Publishing or distributing case studies, testimonials, success stories, or ROI reports that reference Customer or describe Customer’s use of the Services.
Issuing press releases, announcements, or media statements that reference Customer or the commercial relationship between the parties.
Creating co-branded content, joint webinars, conference presentations, or any other jointly attributed materials.
Using quotes, statements, or feedback attributed to Customer’s employees, directors, or representatives in any external communication.
S2.2 Consent Process
Step 1 — Marketing Consent Request. PitchMe shall submit a written Marketing Consent Request to Customer’s designated marketing or legal contact. The request must specify: (a) the type of marketing activity proposed; (b) the specific assets to be used (name, logo, quotes, data); (c) the channels and formats in which the content will be distributed; (d) the proposed content or a draft for review; and (e) the proposed publication date and duration of use.
Step 2 — Customer Review Period. Customer shall have fourteen (14) calendar days from receipt of a Marketing Consent Request to review and respond. Customer may approve, approve with amendments, or decline the request. Silence or non-response shall not constitute consent.
Step 3 — Written Consent Confirmation. If Customer approves, Customer shall issue a written consent confirmation (email is sufficient) stating the approved activity, assets, channels, and duration. PitchMe shall not publish or distribute any material before written confirmation is received.
Step 4 — Final Review Before Publication. Where the activity involves authored content (case studies, press releases, co-branded materials), PitchMe shall provide a final draft to Customer for sign-off at least five (5) business days before the intended publication date. Customer may request reasonable amendments, which PitchMe shall incorporate before publication.
S2.3 Scope and Duration of Consent
Each consent is specific to the activity, assets, channels, and duration described in the Marketing Consent Request. Consent for one activity does not constitute general consent for other activities or future uses. Consent is non-transferable and may not be extended to third parties without a new written request. Unless a specific duration is stated in the consent confirmation, consent shall expire twelve (12) months from the date of issue, after which PitchMe must obtain renewed consent to continue the activity. PitchMe shall maintain a written record of all consents received, including the date, scope, approving individual, and expiry date.
S2.4 Withdrawal of Consent
Customer may withdraw any previously granted marketing consent at any time by providing written notice to info@pitchme.co. Withdrawal shall take effect thirty (30) days from the date PitchMe receives the written notice. On withdrawal: (a) PitchMe shall immediately cease all new use of the relevant assets or content; (b) PitchMe shall remove Customer’s name and logo from its website and any digital assets within the thirty (30) day notice period; (c) printed materials already in circulation that cannot practicably be recalled shall be permitted to exhaust their current distribution cycle only, and PitchMe shall not reprint or reorder such materials; and (d) PitchMe shall confirm completion of withdrawal in writing within five (5) business days of the withdrawal taking effect. Withdrawal of consent does not entitle Customer to a fee reduction or refund under this Agreement.
S2.5 Brand Guidelines
Where Customer provides brand guidelines, a logo pack, or usage restrictions alongside or following its consent, PitchMe shall comply with those guidelines in all uses of Customer’s assets. PitchMe shall not alter, distort, recolour, or otherwise modify Customer’s logo or trade marks. Any deviation from Customer’s brand guidelines shall require separate written approval from Customer.
Schedule 3 — Onboarding, Informed Consent, and Downstream Compliance
This Schedule sets out the requirements that apply during Customer onboarding, including the explicit usage rights granted to PitchMe, the informed consent obligations Customer must fulfil before and during use of the Services, and Customer’s downstream compliance responsibilities with respect to data subjects whose data is processed by PitchMe. It forms part of and is incorporated into the Agreement.
S3.1 Explicit Usage Rights Granted at Onboarding
By executing the Order Form and completing the onboarding process, Customer explicitly grants PitchMe the following rights, which are necessary for the delivery of the Services:
API and system access: the right to access Customer’s designated ATS or CRM system via API to read, write, and update talent and candidate profile data as necessary to deliver the Services.
Data enrichment and writing: the right to supplement, update, and overwrite existing fields within talent profiles in Customer’s system with enriched data sourced from publicly available or licensed third-party sources, in accordance with the field mapping agreed at onboarding.
Sub-processor engagement: the right to transmit talent profile data to PitchMe’s approved Sub-processors (listed in Schedule 1) for the purpose of data parsing, AI processing, and enrichment, subject to the protections set out in Section 8 and Schedule 1.
Aggregated analytics: the right to generate fully de-identified, aggregated analytics from Customer Data for the purpose of improving the Services, as set out in Section 6.3. No identifiable Customer Data shall be used for this purpose.
S3.2 Onboarding Checklist — Customer Obligations Before Go-Live
Prior to go-live of the Services, Customer must complete and confirm in writing to PitchMe that the following steps have been taken. PitchMe shall not be obliged to activate the Services until confirmation is received. Customer’s confirmation constitutes a warranty that all items below are satisfied:
Lawful basis confirmed: Customer has identified and documented a valid lawful basis under Applicable Data Protection Law (e.g. legitimate interests, consent) for candidate data by PitchMe and for the enrichment processing to be carried out.
Privacy notice updated: Customer’s candidate-facing privacy notice or data protection information sheet has been updated to disclose: (i) that candidate profile data may be enriched by a third-party data intelligence provider; (ii) the categories of data fields subject to enrichment; (iii) the purposes for which enriched data will be used; and (iv) the data residency region selected by Customer.
Consent records available (where consent is the lawful basis): Customer holds valid, documented consent from each candidate in scope, and can demonstrate that consent upon PitchMe’s reasonable request. Consent records must show the date obtained, the scope of consent, and the method by which it was collected.
DPIA completed (if required): Where required under Applicable Data Protection Law (including where processing involves large-scale profiling or systematic evaluation of individuals), Customer has completed a Data Protection Impact Assessment (DPIA) and, where required, consulted its supervisory authority prior to commencing processing.
DPA countersigned: Customer has reviewed, executed, and returned a countersigned copy of PitchMe’s Data Processing Addendum (or the data protection provisions in this Agreement have been confirmed as the operative DPA).
Data residency region confirmed: Customer has selected and confirmed in writing its preferred data residency region (UK/EEA or United States) as set out in Section 9.6.
S3.3 Ongoing Downstream Compliance Obligations
Throughout the Service Term, Customer is responsible for the following downstream compliance obligations:
Suppression management: Customer must notify PitchMe within five (5) business days of receiving any consent withdrawal, right to erasure request, or objection to processing from a candidate, so that PitchMe can immediately suppress that profile. Customer shall maintain and provide PitchMe with an up-to-date suppression list on request.
Data subject rights fulfilment: As Controller, Customer is responsible for responding to data subjects’ rights requests within applicable statutory timeframes. Where a request concerns data that PitchMe holds or has processed, Customer shall notify PitchMe promptly and PitchMe shall provide the necessary information or assistance within ten (10) business days.
Lawful basis maintenance: Customer must maintain a valid and documented lawful basis for all processing activities throughout the Service Term. If the lawful basis changes or is no longer available for any category of data, Customer must notify PitchMe immediately and suspend enrichment of the affected profiles until a new lawful basis is established.
Accuracy obligations: Customer is responsible for reviewing enriched data returned by PitchMe before using it in any automated decision-making, shortlisting, or candidate-facing communication. Customer shall not rely solely on enriched data without human review where decisions could materially affect a candidate.
Regulatory notifications: As Controller, Customer is solely responsible for notifying its supervisory authority of any reportable Security Incident within applicable statutory timeframes (72 hours under UK GDPR/EU GDPR; timelines vary under CCPA and state laws). PitchMe’s 48-hour notification obligation is designed to enable Customer to meet these timelines, but does not transfer regulatory responsibility to PitchMe.
Annual compliance review: Customer shall conduct and document an annual review of its lawful basis, privacy notices, and consent records relating to the Services, and shall notify PitchMe of any material changes to its compliance position that may affect PitchMe’s ability to process data on Customer’s behalf.
S3.4 Candidate-Facing Transparency — Minimum Requirements
Customer’s candidate-facing privacy documentation must, as a minimum, include the following disclosures before or at the time candidate data is first provided to PitchMe:
The identity of data enrichment sub-processor, including its registered address and data protection contact details.
A description of the enrichment processing activities, including the categories of data fields that may be updated (e.g. job title, employer, contact details, skills).
The lawful basis relied upon for the enrichment processing, and (where that basis is legitimate interests) the outcome of the legitimate interests assessment.
The data residency region in which the candidate’s data will be stored and processed (UK/EEA or United States), and the transfer mechanism in place where data is transferred internationally.
The candidate’s rights in relation to the processing, including the right to access, rectification, erasure, restriction, objection, and data portability, and how to exercise those rights.
For California candidates: disclosure of their CCPA rights, including the right to know, the right to delete, and the right to opt out of sale or sharing of personal information (where applicable), together with a link to PitchMe’s privacy policy.
PitchMe will provide Customer with a model privacy notice disclosure paragraph on request, which Customer may incorporate into its existing candidate-facing documentation to satisfy the minimum transparency requirements above. Use of the model paragraph does not constitute legal advice and Customer remains solely responsible for ensuring its privacy documentation is compliant with Applicable Data Protection Law.
Schedule 1 — Data Processing Details
The following details apply to PitchMe's processing of Personal Data on behalf of Customer under Section 8 of this Agreement.
Subject matter: Provision of data enrichment and talent intelligence services.
Duration: For the duration of the Service Term and for such period thereafter as required to fulfil PitchMe's obligations on termination.
Nature and purpose: Processing of talent and candidate profile data for the purpose of enriching, updating, and supplementing profiles with publicly available and third-party sourced data.
Categories of Personal Data: Name, contact details (email, telephone, location), employment history, job titles, skills, education, and professional profile data.
Categories of Data Subjects: Talent and contacts whose profiles are held in Customer's systems.