We collect information you provide directly to us, such as when you request information, create or modify your personal account, request Services, complete a eloPitch form or application, contact customer support, make a purchase or otherwise communicate with us. This information may include, without limitation: name, email, telephone number, postal address, form of payment information and any other information you choose to provide.
The following are situations in which you may provide Your Information to us:
You can opt-out of remarketing by visiting the links below:
For Google: https://support.google.com/ads/answer/2662922?hl=en
For Facebook: https://www.facebook.com/ads/website_custom_audiences/
We may also receive information from other sources and combine that with information we collect through our Services. For example if you choose to link, create, or log in to your eloPitch account with a social media service, e.g. LinkedIn, Facebook, or a payment provider, e.g. Google Wallet, or if you engage with a separate App or Website that uses our API, or whose API we use, we may receive information about you or your connections from that Site or App.
We may collect information about you from sources other than you, such as from social media websites (i.e., Facebook, LinkedIn, Twitter or others), blogs, other users and our business partners.
When you use the Services we may collect your precise location data. We may also derive your approximate location from your IP address.
When you use our Services through your computer, mobile phone or other device, we may collect information regarding and related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may
collect information regarding application-level events and associate that with your account to provide customer service. We may also collect and store information locally on your device using mechanisms such as browser web storage and application data caches.
In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message.
We do not collect or store payment information, including credit/debit card details or billing addresses. However, we may facilitate the transfer of your payment information to third party payment processors. All payments are handled by third party secure payment providers.
We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure your information, we do not promise, and you should not expect, that your personal information, or searches, or other information will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet, including, without limitation, email and text transmissions.
WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, USED, ALTERED, OR DESTROYED BY BREACH OF SUCH PRECAUTIONS. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
The Site and Services are intended for users who are 18 years old or older. Furthermore, we do not knowingly collect Personal Information from persons under the age of 13. If we become
aware that we have inadvertently received Personal Information from a person under the age of 13, we will delete such information from our records.
Our primary purpose in collecting personal information (Your Information) is to provide you with a safe, smooth, efficient, and customized experience. Additionally, we use non personally identifiable information that we aggregate to better design our website and to share with advertisers.
We will use this information in order to:
Additionally, we may use the information we collect about you to:
serious physical harm to someone. eloPitch will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
We may share your information with eloPitch subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes; with affiliated entities that provide payment processing services on our behalf; with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf; in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process; with law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements, Terms of Service, or policies, or to protect the rights, property, or safety of eloPitch or others; in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; if we otherwise notify you and you consent to the sharing; and in an aggregated and/or anonymized form which cannot reasonably be used to identify you.
eloPitch Services provides a platform permitting Employee Candidates to post User Content as defined in the Terms of Services including, without limitation, video and audio profiles and/or biographies (an “Elevator Pitch”). In using the Services and uploading this content, users may provide PII including, but not limited to, name, address, phone number, work history, skills, experience, abilities and other similar information. eloPitch is not responsible for this information sharing and disclaims any liability resulting therefrom. Users providing this PII in this fashion do so at their own risk.
eloPitch is primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your personal information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your personal information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our products and services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of
the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us at firstname.lastname@example.org Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debit on your account, or if we believe you have committed fraud or violated our Terms of Service, we may seek to resolve the issue before deleting your information.
eloPitch will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law. To make changes to your affecting your personal information contact us at email@example.com.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Welcome, and thank you for your interest in www.elopitch.com, eloPitch our mobile application and any online applications or mobile application owned and operated by elo Inc., a Delaware Corporation (“eloPitch,” “us” or “we”), and our services made available to you (the “user” or “you”) through our website (the “Website” or the “Site”) and any online applications or mobile application and tools (the “Apps”). The Website and the Apps together constitute our service (“the Service”). Unless otherwise specified, all references to the Services include the services available through the eloPitch Website or mobile App, as well as any software that eloPitch provides to you that allows you to access the Services. The following Terms of Service are a legally binding contract between you and eloPitch regarding your use of the Service.
Please read the following Terms of Service (“Terms”) carefully before accessing or using any of the Service. Each time you access or use the Service, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
ELOPITCH SERVICES, WEBSITE AND APP PROVIDE AN ONLINE VENUE AND PLATFORM WHICH ENABLES USERS TO POST A VIDEO “ELEVATOR PITCH” (PROFILE/BIOGRAPHY) AND RESUMES FOR VIEWING BY POTENTIAL EMPLOYERS, CUSTOMERS, CLIENTS, BUSINESS ASSOCIATES OR OTHER PARTIES FOR THE PURPOSE OF OBTAINING EMPLOYMENT OR OTHER BUSINESS RELATIONSHIPS. ELOPITCH IS NOT A PARTY TO ANY CONTRACT, EMPLOYMENT OFFER OR BUSINESS ARRANGEMENT OR TRANSACTION BETWEEN USERS OF OUR PLATFORM. IT IS WITHIN THE SOLE DISCRETION OF THE USER OF OUR SERVICES TO INTERACT OR ENGAGE WITH ANOTHER USER THROUGH OUR SERVICES. ELOPITCH ONLY OFFERS A VENUE TO CONNECT USERS AND HAS NO LIABILITY FOR ANY CONTRACTUAL OBLIGATIONS, DAMAGES OR INJURIES RESULTING FROM ANY USE OF OUR SERVICES.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.
By using our Services, you represent that you are at least 18 years old and are fully able and competent to enter into a contract, including the terms, conditions, representations and warranties set forth in these Terms.
course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that eloPitch shall not, under any circumstances, be liable in any way for any User Content.
warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
In order to provide our Services we may need to obtain your location using Global Positioning Software or other geo-location technology. You grant us permission to receive and use this information in our Services.
is your responsibility, and not that of eloPitch, to back-up any User Content to prevent it’s loss.
Violating the security of our Site is prohibited and may result in criminal and civil liability. eloPitch may investigate incidents involving such violations and may involve, and will cooperate
with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or Site or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringes another person’s copyright. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
FEDERAL LAW PROVIDES THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
The above information must be submitted to the following DMCA Agent: Email: firstname.lastname@example.org
CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
(I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE;
(V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY DIGITAL DATA, IMAGES, PHOTOS, ARTWORK, VIDEOS, AUDIO, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
b.If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with eloPitch, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If eloPitch has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
has arisen or may arise between you and us, except as otherwise stated in this Agreement.
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at firstname.lastname@example.org.
Last updated: April 20, 2021