Introduction

Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA.

Application

This privacy policy applies to the collection, use, and disclosure of personal information provided to Agilitek Corporation and its related companies and business activities, including the Agilitek Corporation’s Affiliate Program (“Agilitek or “We”) by customers/affiliates of Agilitek Corporation (“You”).

In this policy, “customer” includes members of Agilitek’s Affiliate Program (“affiliates”).

This policy is governed by the laws of Ontario, Canada, and the laws of Canada applicable therein.

Personal Information

Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.

Collection of Personal Information

We collect personal information from our customers in the regular course of doing business. This policy is designed to let customers, like you, know exactly how we’re protecting the information you entrust to us.

By providing us with your personal information, you consent to the collection, use and disclosure of that information as described in this Policy.

We may collect some or all of the following information about you:

Name
Address
Postal Code
Phone Number
Email Address
Date of Birth/Age*
Gender*
Payment card number
Payment card expiry date
Purchase history
Product/service preferences*
Customer satisfaction info*
Opinions about products and services*
Interests and hobbies*

N.B. An asterisk (“*”) denotes optional information disclosed by you.

When you visit our website, certain other types of information may be gathered indirectly:

(a) Internet Server Provider

Agilitek’s website(s) are hosted on servers provided by an Internet Service Provider (“ISP”). Personal information, collected by the ISP, on Agilitek’s behalf, such as server log data, is managed in accordance with this Privacy Policy and is protected by applicable law.

You should know that certain information about your traffic patterns are passively and automatically collected and linked to your Internet Protocol (“IP”) address. These unique IP addresses are assigned to all web users by the user’s ISP and are automatically logged by internet servers. Your IP address does not explicitly identify you but, in some circumstances, an IP address can be linked to you, only with the cooperation of your ISP. This may be linked in the course of an investigation of a security breach, for example, where the police are issued a warrant for such information by a court of competent jurisdiction.

(b) Server Logs

You should also know that, in establishing internet connections, servers, including ours, automatically log information about visits to our websites. These logs record statistical information such as your IP address, type of computer operating system, the time and duration of your visit to our website and the specific pages requested/visited. It also discloses the type of domain, browser type, and geographic location. This information is provided in aggregate form to use and we use the data to improve our website experience. We do not link this information to any other data, including your personal information, except in the course of security purposes, as we discussed above in section (a).

(c) Cookies

Cookies, which are small text files that contain a unique identification number, is deposited on your computer every time you visit our site. These cookies track information during your time at our website(s) and are stored temporarily in your computer’s memory. This information is used by us, and your browser, to facilitate and enhance your visits to our websites. They help you by remembering information, such as username (if you choose), for example, and also helps us by tracking the total number of unique visitors to a website on an ongoing basis and other information such as browser type and computer operating system. Cookie data is not cross-referenced with other types of personal information that you provide us.

Cookies are common tools on the internet. Many browsers are set to automatically accept cookies. If you do not wish to accept cookies, refer to your internet browser software settings.

We will retain information, including your personal information, for as long as it is needed for the purposes for which it was collected.

How do you use this information?

Some information is required to complete the website registration process and/or to complete a sale or other financial transaction. This is used by us to verify your identity and process online payment. We also use it to provide customer service to you.

Additional information, which is optional, is collected for the purposes of marketing and customer service.

We will obtain the necessary consents required under applicable privacy laws if we seek to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

Your personal information may be processed, accessed and/or stored in Canada or another jurisdiction, and will be subject to the laws of that jurisdiction, if applicable.

Withdrawal of Consent

You may withdraw your consent to Agilitek’s collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to Agilitek’s collection, use and disclosure of your personal information may impact Agilitek’s ability to provide you with services.

You can ask Agilitek not to send you marketing communications by following the opt-out instructions in each communication or you may let us know by contacting Agilitek at contact@agilitek.com.

Disclosure of Personal Information

Generally, Agilitek does not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. It may be disclosed, for example, to recover unpaid accounts. Non-identifying data may also be shared with Agilitek’s partners, marketing firms, and third-party contractors.

If you enter a contest, organized by Agilitek, you may be required to consent to further disclosures to Agilitek’s partners and contest sponsors.

Accuracy of Your Information

It is important that the information that Agilitek has on file be accurate and up-to-date. We encourage you to keep your personal information on file with Agilitek up-to-date using the website’s self-service feature. We may, from time-to-time, ask you whether your personal information is up-to-date.

Safeguards

Agilitek makes use of various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to my electronic files.

Access to your Personal Information & Compliance

You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Agilitek will notify you in writing of the reason for the denial.

Agilitek will also respond to inquiries about its policies and practices relating to the handling of your personal information and will investigate all complaints and respond within 30 days of receipt of a written inquiry.

If the complaint is found to be justified, Agilitek will take appropriate measures to resolve it, including, if necessary, amending this Policy and Agilitek’s procedures.

Privacy Contacts

If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to the use of your personal information, or to request access to or update any information on file, please contact:

Agilitek Corporation
E-mail: contact@agilitek.com

If any complaint or inquiry is not handled to your complete satisfaction, you may contact:

Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario K1A 1H3
Canada

Changes to this Privacy Policy

We may amend this policy at any time. We will post the policy as amended on our website and will available upon request. Please check from time to time to ensure you are aware of our current policy.

Agilitek Terms of Use

Welcome to the agilitek.com and johnestrella.com websites (“Site”), which are owned by Agilitek Corporation.

Use of this website is offered to you on your acceptance of these Terms of Use, our Privacy Policy, and other notices posted on this website. Your use of this website or any content presented in any areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy, and other notices posted on this website and constitute a legal agreement (“Agreement”) between you and Agilitek Corporation.

By using/visiting the Site, you agree to be bound by this Agreement. You are only authorized to access this Site or to use the materials and services contained in the Site if you agree to abide by all applicable laws and to this Agreement.

Please read this Agreement carefully and if you do not agree with it, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at contact@agiltiek.com.

Agilitek reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by Agilitek on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

Copyright, Access and Use

All materials contained in this Site are protected by international copyright laws and must only be used for personal, non-commercial purposes.

The reproduction, duplication, distribution (including by way of email, facsimile, or other electronic means), publication, modification, copying, or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of Agilitek. This prohibition includes, without limitation, any text, graphics, logos, photographs, audio, or video material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by email at contact@agilitek.com.

If Agilitek has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Agilitek is connected with, operates, or controls these web sites.

Posted Content

You agree that any messages, posts, or other material whatsoever posted by you to the public areas of the Site (“Content”) becomes the property of Agilitek and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed, or deleted as Agilitek sees fit. You represent and warrant that: (1) you own the Content posted by you on the Site, (2) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (3) the posting of your Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the site.

Agilitek does not endorse and has no control over the Content submitted by others to the Site. Content submitted to the Site is not necessarily reviewed by Agilitek prior to posting and does not necessarily reflect the opinions or policies of Agilitek. Agilitek makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Agilitek reserves the right to prevent you from submitting Content to the Site and to edit, restrict, or remove such Content for any reason at any time.

Agilitek assumes no responsibility for actively monitoring the Site for inappropriate Content. If, at any time Agilitek chooses, at its sole discretion, to monitor the Site, Agilitek nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.

You agree that Agilitek accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts, or removes your Content. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person. You agree to release Agilitek, together with its respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using it.

Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, you should notify Agilitek of your copyright infringement claim to this Site’s Designated Agent who is:

John Estrella
Agiliek Corporation
7030 Woodbine Avenue
Markham, ON L3R 6G2
Canada

E-mail: contact@agilitek.com

Agilitek will review notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Disclaimer of Liability and Warranties

You agree that you use this Site and rely on material/Content contained in this Site at your own risk. The Site, and all materials/Content in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Agilitek does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.

You acknowledge that Agilitek and its employees, agents, directors, officers, and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures, or for the theft, destruction, damage, or unauthorized access to your computer system or network.

You acknowledge that Agilitek is not liable for any defamatory, offensive, or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that Agilitek is not liable for any damages, including, without limitation, direct, incidental, special, consequential, or punitive damages, in connection with or arising from your use or from your inability to use the Site.

You agree to defend, indemnify and hold harmless Agilitek and its employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, proprietary or other rights of third parties.

Termination

Agilitek reserves the right to immediately terminate your use of, or access to, this Site at any time if Agilitek decides at its sole discretion that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that Agilitek considers to be inappropriate or unacceptable.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our Websites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this Agreement, no weight shall be placed upon the fact that this Agreement has been drafted by us, and you shall not assert that this Agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. You understand that we may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.

Miscellaneous

This Agreement will be governed by Canadian law, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts of Canada, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Use of this Site assumes acceptance of the Terms of Use and Privacy Policy. All materials contained in the Site are protected by copyright and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying of any materials on the Site are expressly prohibited.

We believe in working smart and adding value while serving others, not in get-rich-quick programs. Any revenue figures are our own revenue figures, and in some cases, those of our clients. We cannot and do not make any guarantees that you will achieve the same results using our ideas, programs and strategies.

Keep in mind that our results and those of our clients are not typical. We worked hard to achieve those results. The numbers presented are for illustration purposes and do not constitute a promise or guarantee of potential earnings. All business ventures involve risks as well as extensive time, effort and resources. If you cannot accept these earnings and legal disclaimers, please do not even attempt to work with us.

This site is not a part of the Facebook website or Facebook Inc. nor do they endorse it whatsoever. FACEBOOK is a trademark of FACEBOOK, Inc.