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AGILEIP PRIVACY POLICY

1. Introduction

This Personal Information Protection Policy (hereinafter referred to as the “Policy”) defines the manner in which we, AgileIP Inc. (hereinafter referred to as “AgileIP” and “we”), collect, hold, use, or disclose the Personal Information of our clients, users of our website https://agileip.ca/en/ (the “Website”), and other individuals with whom we interact in the course of our business (“you”), other than employees and contract staff of AgileIP Inc., who are subject to separate treatment.

We are committed to treating any Personal Information we collect, hold, use or communicate with care, within the limits of this Policy and applicable law.

2. Types of Personal Information

This Policy applies to Personal Information regardless of the type of medium or the form in which it is accessible: written, graphic, sound, visual, taped, filmed, computerized, or others.

We define “Personal Information” as any information about an identifiable individual, or that taken alone or combined with other data, allows an individual to be identified. By way of illustration, Personal Information could consist of, but is not limited to:

  • first and last name;
  • date of birth;
  • phone, home address and email address;
  • preferred language;
  • time zone;
  • financial, credit, billing, and account information;
  • details about the use of our Website obtained by means of cookies or similar tools;
  • Internet protocol (IP) address, browser type, locale preferences, and mobile carrier; and
  • any other Personal Information that you provide to us.

3. The Purposes for which we Collect Personal Information

We collect Personal Information for the following purposes :

  • to provide and maintain our products, services and Website;
  • to develop and manage our business, activities and operations;
  • for marketing and advertising purposes;
  • for statistical purposes relating to the use of our Website;
  • to respond to or manage requests submitted to us;
  • to evaluate a job candidate’s application and to determine whether to offer such candidate a position at AgileIP;
  • to comply with our legal, regulatory and risk management obligations;
  • any purpose permitted or required by applicable laws; and
  • any other purpose to which you have consented.

4. Means by which we Collect Personal Information

We generally collect Personal Information i) directly from the person concerned; or ii) from a number of independent sources, such as social networks, our service providers or other business partners.

We additionally collect, passively using cookies, a limited amount of Personal Information from our Website users. Cookies are small text files or strings that a website can send to your device to identify your web browser and track the activity of your device. This mainly consists of IP address, type of operating system, pages visited, requests made, dates and times of connections. Cookies help us improve our products, services and Website.

The use of cookies does not allow us or our analytics service providers to identify you specifically. Furthermore, it does not give us access to your device or any other information about you, other than the data you choose to share with us. The use of cookies can be accepted through the cookie banner displayed when entering our Website for the first time. Please note that if you choose not to accept cookies, you may not be able to access or fully experience the interactive features of our Website.

For more information regarding our use of cookies, please consult our Cookie Policy published on our website: https://agileip.ca/en/cookie-policy-ca/

5. Outsourcing, Storage and Transfers of Personal Information

We may disclose the Personal Information we have collected to third parties in the following circumstances :

  • to third-party in connection with our products, services, Website and business (e.g., data storage and processing, cloud computing, Website and application hosting, marketing and advertising, etc.);
  • to comply with an applicable statute, regulation, rule of law, subpoena, search warrant, court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other legal process;
  • to allow us to enforce available recourses or limit the damages we may suffer;
  • to protect the safety and/or security of the Website or the general public;
  • in the event of a commercial transaction, namely the sale, transfer or assignment, in whole or in part, of shares or assets of AgileIP; and
  • any other circumstances to which you have consented.

If you are a Quebec resident, note that your Personal Information may be transferred to places outside Quebec. Indeed, we use service providers located outside of Quebec to carry out specific mandates in the normal course of business. Furthermore, your Personal Information may be stored in data centers located outside Quebec.

To protect your information in all such cases, we use contractual and other means to provide a comparable level of protection to that used by AgileIP (as outlined in Section 8).

We will not collect, hold, use or disclose your Personal Information without your consent unless it is authorized or required to do so by applicable law.

By submitting your Personal Information, using our Website or services and/or purchasing our products, you consent to the collection, use and disclosure of your Personal Information to the extent described in this Policy and as required or permitted by applicable law.

If you provide Personal Information concerning another individual to us, you represent that, prior to submitting such information, you have obtained the necessary consent or authority to permit us to collect, use and disclose such Personal Information for the purposes set out in this Policy, or the collection, use and disclosure is permitted by applicable law.

You may vary or withdraw your consent to the use and disclosure of your Personal Information, or opt-out of certain uses and disclosures, subject to legal and contractual restrictions as well as applicable law. Please note that the withdrawal of your consent may prevent us from providing or continuing to provide our products and services or access to our Website.

Email marketing communications. We may send to our customers marketing and promotional emails. If a customer no longer wants to receive such emails, he may click on the “unsubscribe” link in such emails to opt out of future marketing communications.

If you require any assistance in understanding the scope of the consent being sought or to vary or withdraw your consent, please contact our Privacy Officer using the contact information in Section 12.

7. Your Rights

7.1. Canada

If you are a resident of Canada, or if Canadian privacy laws otherwise apply to you, the collection, use, and disclosure of your Personal Information are governed by applicable Canadian privacy laws, including the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”), and applicable provincial privacy legislation, including the Quebec Act respecting the protection of Personal Information in the private sector (commonly known as “Law 25”), the Alberta Personal Information Protection Act, and the British Columbia Personal Information Protection Act.

You have the following rights regarding your Personal Information, subject to certain limitations and exceptions provided by applicable law:

  • to access and request a copy of the documents containing your Personal Information, in electronic or physical form, subject to the exceptions provided by applicable law
  • to have the Personal Information we have about you rectified, amended and updated if it is incomplete, ambiguous, out of date or inaccurate;
  • to request the deletion of your Personal Information when: i) the retention of the information is no longer justified for the purpose for which it was collected; and/or, if you are a Quebec resident, ii) the information was not collected in a lawful manner; and/or iii) it is obsolete; and
  • to withdraw or change your consent to our processing of your Personal Information, subject to applicable legal and contractual restrictions. In some instances, withdrawing your consent may result in us no longer being able to provide our Services or access to our Websites.

We may request certain Personal Information for the purpose of verifying the identity of the person seeking to exercise their rights.

7.2. European Economic Area and United Kingdom

To the extent that the processing of your Personal Information is subject to the EU General Data Protection Regulation 2016/679 (“EU GDPR”) or the United Kingdom General Data Protection Regulation (“UK GDPR”), this subsection applies to you.

Our lawful bases for processing Personal Information may include the following:

  • you have given consent;
  • processing is necessary for the performance of a contract with you or to take steps at your request prior to entering into a contract;
  • processing is necessary for our legitimate interests or those of a third party, except where such interests are overridden by your rights;
  • processing is necessary to comply with a legal obligation; or
  • processing is necessary to protect vital interests of an individual.

In addition to the rights described above, you may also have the right to object to certain processing, request restriction of processing, request data portability, and lodge a complaint with a competent supervisory authority.

7.3. United States

Certain United States state privacy laws, including the California Consumer Privacy Act and the California Privacy Rights Act, as well as similar laws enacted in other U.S. states, may provide individuals with rights regarding Personal Information. This subsection applies to the extent such laws are applicable.

Subject to applicable law, you may have the right to:

  • access or request information about the Personal Information we collect, use, or disclose;
  • request the correction of inaccurate Personal Information;
  • request the deletion of Personal Information;
  • obtain a copy of your Personal Information in a portable format;
  • opt out of certain processing, which may include targeted advertising, profiling, or the sale or sharing of Personal Information as defined by applicable law; and
  • not be discriminated against for exercising your rights.

California residents may also have rights under California Civil Code section 1798.83 (also known as the “Shine the Light Law”) regarding certain disclosures of Personal Information for direct marketing purposes.

In certain states, you may have the right to appeal our decision if we deny a request, and we will provide information on how to do so where required.

Requests to exercise these rights may be submitted using the contact information provided in this Policy. We may take reasonable steps to verify your identity before fulfilling a request, and an authorized agent may submit requests where permitted by law.

8. How we Safeguard Personal Information

In order to protect the Personal Information that is in our possession, we employ administrative, physical, and technological safeguards which are appropriate to the sensitivity of the Personal Information provided. These safeguards also prevent the accidental or unlawful destruction, loss, unauthorized alteration or disclosure, access, or misuse of the Personal Information in our possession. We follow generally accepted industry standards to protect the information that is provided during its submission and once it has been received. These include measures to deal with any suspected data breach.

Once collected, the Personal Information is kept in an electronic file within our document management system or third-party technologies used by us, or both. Only those personnel who reasonably require the Personal Information to perform their duties are granted access to the information and they are bound by a duty of confidentiality.

It is important to note that, despite our best efforts to protect your Personal Information, there is a risk associated with the communication, exchange and storage of information, as no form of electronic transmission or storage is perfectly secure. While we take commercially appropriate measures to protect your Personal Information, we cannot guarantee that it will be completely secure or free from unauthorized access, loss, or misuse.

Our Website may contain links to third-party websites or services that are not owned or controlled by AgileIP. This Policy only applies to information collected by us for the purposes mentioned in Section 3 above. We have no control over these third-party websites, and your use of third-party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third-party websites linked to our Website.

10. Personal Information of Children

Our Services are not directed at or intended for use by children, nor do we knowingly collect Personal Information from children under the age of 13, or under such other age threshold as may apply in certain jurisdictions pursuant to applicable privacy laws. If you are a parent or guardian and become aware that your child has provided us with Personal Information without your consent, please contact our Privacy Officer using the contact information in Section 12.

11. Retention and Destruction of Personal Information

The Personal Information we collect is retained for varying periods of time depending on the type of information in question and the purposes for which it is collected and used. Subject to a retention period provided or permitted by applicable law, the Personal Information we hold is destroyed or anonymized once it is no longer necessary for the purposes for which it was collected or used, or for any subsequent compatible purpose. Retention periods may also depend on legal, accounting, tax, reporting, or operational requirements.

12. How to Contact Us

In order to obtain more information on the Policy or the use of your Personal Information, to exercise your rights or to file a complaint, please contact our Privacy Officer at the following coordinates:

AgileIP Inc.
ATTN : Privacy Officer
925 Boul. De Maisonneuve O., Suite 250
Montreal, QC H3A 0A5
[email protected]

13. Changes to this Policy

We may change this Policy from time to time to reflect changes to our privacy practices or for other operational, legal or regulatory reasons. Changes will be effective immediately upon notifying to you or posting on our Website. After these changes are notified or posted, as applicable, by submitting your Personal Information or by continuing to use our Website and services or purchase our products you agree to any such revised policy.