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IntroductionWelcome to the Agiea.com website (“Site”) and, if applicable, Agiea’s services (the “Services”). This Privacy Policy is an integral part of using our Site and Services; therefore you must completely agree to our Privacy Policy in order to use our Site or Service. You must be over the age of 18 to use our Site or Service.Collecting and Using you InformationInformation CollectedPersonally Identifiable Information
You will not be required to provide us any information when you visit our Site. However, in order to access some of the Site’s features or to use our Services, you may be required to provide certain personally identifiable information that could be used to contact or identify you (“Personal Data”). Such Personal Data may include your name, email address, mailing address, and payment information.Usage Data
Usage Data may include your device’s IP address, browser type, browser version, time and data of visit, query information, location, referring URL, browser, operating system, cookie information, usage, data transferred, and Internet Service Provider.Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on our Site and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Site. These technologies may include:
Cookies or Browser Cookies. A cookie is a small file placed on your device. Unless you have adjusted your browser setting so that it will refuse cookies, our Site may use cookies an store them on your device. However, if you do not accept Cookies, you may not be able to use some parts of our Site.
Web Beacons. Certain sections of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics.Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session Cookies are deleted as soon as you close your web browser.We use both session and persistent cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session cookies
Administered by: Agiea
Purpose: These cookies are essential to provide you with services available through the Site and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Agiea
Purpose: These cookies identify if users have accepted the use of cookies on the Site.
Functionality Cookies
Type: Persistent Cookies
Administered by: Agiea
Purpose: These Cookies allow us to remember choices you make when you use the Site, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Site.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These cookies are used to track information about traffic to the Site, how users use the Site and to test new feature or functionality of the Site. The information gathered via these cookies may be linked to a pseudonymous identifier associated with the device you use to access the Site.Use of Your InformationWe may use your information for the following purposes:
To provide and maintain our Service, including monitoring how the Site and Service is used.
To enhance or improve our users’ experiences.
To perform any of the contracts you enter into with us related to the Site or Services
To process transactions.
To email you newsletters and correspondence, unless you have opted out of receiving such informaton.
To contact you and to respond to inquiries.
To deliver targeted advertising to you and to measure its effectivenessSharing Your Information
We may share your information in the following situations:
With service providers to analyse and monitor use of our Site and Services and to contact you
With business partners and business customers to offer you certain products, services or promotions
For business transfers as part of a sale, acquisition, merger or financing where your information is treated as an asset of the company
To authorities if compelled by a court order or if we believe that you have violated any applicable laws or if we believe an individual is at risk of bodily harm.
To fulfill a legal obligation, protect and defend our rights, prevent or investigate the possibility of a wrongdoing in connection with the Site or Services or to protect against legal liability.Throughout the course of our provision of our Services to you, we may delegate our authority to collect, access, use, and disseminate your information to our service providers and other third parties. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.Retention of Your Personal Data
Agiea will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.Security Measures
We take reasonable attempts to protect your information by using SSL certificates. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information through our Site. We recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.Transfer of Your Personal Data
Your information is processed at the Agiea's operating offices in Canada and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Agiea will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data.Age Compliance
We do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Site or Service, please stop immediately and do not submit any information to us.GDPR PrivacyThis privacy notice section applies to the processing of Personal Data that is subject to the EU GDPR legislation and supplements the information contained in the rest of this Privacy Policy. “Personal Data” means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.We may process Personal Data under the following conditions:
You have given your consent for processing Personal Data for one or more specific purposes.
When necessary for the performance of an agreement with you and any other related obligations.
When necessary for compliance with a legal obligation to which Agiea is subject.
When necessary for the purposes of the legitimate interests pursued by Agiea.
Please contact us of you like clarity on the specific legal basis that applies to the processing.
Your Rights under the GDPR
You have the right to:
Request access to, deletion of or updates to your Personal Data.
Request correction to any incomplete or inaccurate Personal Data that we hold about you.
Object to processing of your Personal Data including for direct marketing purposes.
Request erasure of your Personal Data when there is no good reason for us to continue processing it.
Request the have your Personal Data ported to a third party, where applicable.
Withdraw your consent to our use of your Personal Data.
You may exercise your rights of access, rectification, cancellation and opposition by contacting us at privacy@Agiea.com. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will respond to you as soon as reasonable. You agree that certain requests may result in you losing access to some of the features of the Site or Services.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information please contact your local data protection authority in the EEA.CCPA PrivacyThis privacy notice section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.
Personal Information collected
“Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have collected from California residents within the last twelve (12) months.
Identifiers – Name, address, email address, IP address
Internet or other electronic network activity – IP address, interactions with out Site an Services,
Professional or employment related information – Job title, company name, company email address, phone numbers
Sources of Personal Information
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from the forms you complete on our Site or Services, information you provide us in our business dealings.
Automatically from You. For example, through cookies we or our service providers set on your device as you navigate through our Site.
From Service Providers. For example, third-party vendors to monitor and analyze the use of our Site, third-party vendors to deliver targeted advertising to You, or other third-party vendors that We use to provide the Service to You.
Publicly available information on websites and social medial sites
If we decide to collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes we will update this Privacy Policy.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We use and disclose and have used an disclosed in the last twelve (12) months all the Personal Information listed above to our service providers and third parties for business purposes (including those that provide us with marketing, accounting, information technology and legal services). When we disclose Personal Information for a business purpose or a commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to a third party for valuable consideration.
We sell and have sold in the last twelve (12) months the following types of Personal Information to our customers for the purposes of business to business sales and prospecting: name, company name, job title, email address, business phone number.
We do not sell Personal Information of our customers or minors.
Your Rights under the CCPA
If you are a resident of California, you have the following rights:
The right to be notified of which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
The right to request that we disclose information to you about our collection, use, sale, disclosure for business purposes and share of Personal Information. Once we receive and verify your request, we will disclose to you the categories of Personal Information and its sources we collected about you, the categories of information that we disclosed or sold about you and the categories of third parties to whom the Personal Information was sold or disclosed and our business or commercial purpose for collecting or for selling your information.
The right to direct us to not sell your Personal Information. To submit an opt-out request please contact us.
The right to request the deletion of your Personal Information, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies as allowed for in the CCPA.
The right not to be discriminated against. for exercising any of your consumer's rights, including by denying you goods or services, charging different prices or rates for the goods or services, providing a different level or quality of good or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA if you are a California resident, you can contact us:
• By email: <gia@myagiea.com>
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to Your personal information. Your request to us must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and escribe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with the required information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you.
We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice. Any disclosures we provide will only cover the 12-month period preceding the verifiable request's receipt. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Third Party SitesAgiea may post links to third party websites on our Site or Service, which may be governed by their own privacy policies. When accessing a third party site through our Site or Service, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us and we are not liable for the information collected or used by these third party websites or the conduct of these third party websites. You must review their Privacy Policies and terms of use to understand how their information collection practices work.

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AGIEA Terms of Service
STANDARD TERMS &amp; CONDITIONS1. DEFINITIONS
(a) “Affiliate” in relation to a Party means any entity which,
either directly or indirectly “controls”, “is controlled by”,
or “is under common control” with, the Party specified,
and for the purposes of this definition, “control” of an entity
means that the specified Party, directly or indirectly, has
the power to direct or cause the direction of the
management and policies of that entity through the
ownership of voting securities, by contract or otherwise;(b) “Business Day” means Monday through Friday,
excluding any days that are statutory holidays under the
laws of the Province of New Brunswick or the laws of
Canada applicable therein;(c) “Confidential Information” means all know-how, trade
or other secrets, and any other information or data, directly
or indirectly, disclosed by one Party and/or its Affiliates (the
“Disclosing Party”), to the other Party (the “Receiving
Party”) under this Services Agreement, (whether verbal,
written, or existing, stored, or communicated in any form or
medium), including without limitation, technical information
and data, equipment, documents, reports, analyses,
recommendations, tests, financial data, correspondence,
communications, pricing, products, design and function
specifications, technologies, computer programs, software,
systems, features, techniques, methodologies, processes,
manuals, inventions (whether or not patentable),
algorithms, configurations, business information, together
with copies thereof, and all information and data derived
therefrom, except to the extent such knowledge,
information, or data: (i) is or becomes publicly available
through no breach of this Services Agreement or wrongful
act of the Receiving Party or their Personnel; (ii) is known
to the Receiving Party without restriction prior to receiving
such information from the Disclosing Party; (iii) is required
to be disclosed as a matter of legal compulsion, provided,
however, that the Receiving Party will provide prior written
notice to Disclosing Party to allow it to take such actions to
protect its interests; or (iv) is lawfully disclosed to a Party
by a third party without restriction; or (v) is independently
developed by the Receiving Party without use of
Confidential Information of the Disclosing Party; for the
avoidance of all doubt, the algorithms underlying the
provision of the Services shall be deemed to be
Confidential Information regardless of whether the criteria
set out at (i) through (v) apply.(d) “Agiea Platform” means the engagement and
analytics services offered by Agiea to Customer and its
Users;(e) “Customer Data” means the information collected,
received, transmitted, uploaded, stored, and/or processed
by Agiea from Customer and Users in the course of
providing the Services to Customer;(f) “Fees” means the fees payable by Customer for the
Services and any other services provided by Agiea to
Customer in accordance with the Services Agreement;
(g) “Normal Business Hours” means 8:30 a.m. to 5:00
p.m. (Eastern Time) on Business Days;(h) “Parties” means Agiea and Customer, and “Party”
means either one of them;(i) “Personnel” includes directors, officers, employees,
agents, consultants, representatives and other individuals
employed, engaged or retained by Customer or Agiea,
as the case may be;(j) “Privacy Statements” means the privacy statements
relating to the Services (including the User Privacy
Statement and the Non-User Privacy Statement), as
amended by Agiea from time to time on notice to
Customer, in the manner described in such Privacy
Statement;(k) “Service Schedule” means a separate document
(including work orders and statements of work, and related
exhibits) signed by both Parties describing the Services to
be provided by Agiea to Customer and such other terms
and conditions relating to such Services as the Parties may
otherwise agree;(l) “Services” means access to the Agiea Platform and
those other services performed by Agiea under this
Services Agreement and each Service Schedule;
(m) “Services Agreement” means the ServicesAgreement to which these Standard Terms and Conditions
are attached, Service Schedule 1 and any other Services
Schedule which the Parties agree shall form part of the
Services Agreement;(n) “Standard Terms and Conditions” means these
standard Terms and Conditions;(o) “Term” means the initial Initial Term and the Renewal
Term, if any, as those terms are defined in section 5;(p) “User” means Personnel of Customer who are
authorized by Customer to use Agiea Platform and the
Services.2. SERVICES
2.1 Provision of Services Subject to the Standard Terms
and Conditions, Agiea will provide Customer with the
Services as specified in one or more Service Schedules.
Each Service Schedule together with the Standard Terms
and Conditions shall constitute a separate and complete
agreement for the provision of the Services specified in
that Service Schedule. The Standard Terms and
Conditions shall be deemed to be incorporated by
reference in each and every Service Schedule as of the
effective date of such Service Schedule, without regard to
an express reference therein.2.2 Changes in Services Agiea reserves the right, in its
sole discretion, to modify, discontinue, substitute, delete, or
restrict any aspect or feature the Services with notice to
Customer. If any change results in an increase or
decrease of the fees payable for the Services specified in
the applicable Service Schedule, Agiea may amend the
affected Service Schedule, on notice to Customer, to
reflect the changes and the increase or decrease in the
fees payable, as the case may be.
2.3 Control of Services Agiea has complete control of
the Services and will manage, direct, perform, coordinate
and supervise the Services. Customer acknowledges and
agrees that Agiea may in its sole discretion subcontract
the Services or any part thereof without the prior written
consent of Customer.2.4 Concealed or Unknown Conditions. In the
performance of the Services, if Agiea encounters
unknown or unusual conditions or variations with the
Customer Data that differ materially from initial information
provided to Agiea, Agiea shall notify Customer of such
conditions promptly. If such conditions cause an increase
in Agiea’s cost and effort to provide the Services,
Agiea may to amend the applicable Service Schedule,
on notice to Customer, to implement an equitable
adjustment in the applicable Fees.2.5 Network Quality Customer agrees that the operation
and availability of the systems used for accessing and
interacting with the Servives, including telephone,
computer networks, and the internet, or to transmit
information, can be unpredictable and may, from time to
time, interfere with or prevent access to or use or operation
of the Services. Agiea shall not be liable for any such
interference with or prevention of Customer’s access to or
use of the Services or the impact such interference or
prevention may have on Agiea’s ability to perform the
Services. Agiea will not be liable for availability of access
due to failure of any system as described unless that
system is controlled and managed by Agiea or its
partners or suppliers. Customer further agrees and
acknowledges that the Services are dependent upon
Agiea receiving data from third party websites and
services, and that Agiea is does not represent or warrant
that such data will be uninterrupted or error free. Agiea
will use commercially reasonable efforts to maintain access
to such data.2.6 Privacy The terms of the User Privacy Statement shall
govern the collection, use and disclosure of personal
information about Users of Customer. The Customer
agrees to comply in all respects with the Non-User Privacy
Statement. In addition, the Customer agrees that it will, in
all respects related to its use of the Agiea service and
any resulting data, comply with all applicable laws and with
the terms of use for the websites or services from which
the resulting data originates.3. OWNERSHIP OF PROPERTY
3.1 Services All Services and all trademarks, service
marks, patents, copyrights, trade secrets and other
intellectual property and similar rights in or related thereto,
are and will remain the exclusive property of Agiea
and/or its Affiliates (“Agiea Property”). Customer shall
have no right, title, ownership, intellectual property, and/or
other interest of any kind in and to Agiea Property,
howsoever arising.3.2 License Grant During the Term, and subject to the
terms and conditions of the Services Agreement, Agiea
grants to Customer a non-exclusive, non-assignable, and
non-transferable license to access and use (a) Agiea
Platform, only by Users, and (b) the other Services, only by
its Personnel, (together, the “License”). Customer shall (i)
use the Services in the manner, and for the purposes,
expressly specified in the Services Agreement; (ii) shall not
decompile, disassemble, or create derivative works, from
all or any portion of the Services (including, for the
avoidance of all doubt, any underlying algorithms related to
the Services); (iii) shall not delete or in any manner alter
any notices, disclaimers, or other legends contained in the
Services, or appearing on any screens, documents,
reports, results or other materials obtained or accessed by
Customer through the Services; and (iv) shall not
sublicense the rights granted to it under the License or
permit a third party to access and use the Services.3.3 Ownership of Customer Data All Customer Data
shall, as between Customer and Agiea, remain the
property of Customer. Customer hereby grants Agiea
and Agiea Personnel during the Term, a personal, non-
exclusive, non-transferable, royalty-free license to use
Customer Data for the purpose of providing the Services to
Customer. Notwithstanding the foregoing, during the Term
and following the expiration or early termination of the
Services Agreement and/or Service Schedule(s), Customer
grants Agiea a perpetual, non-exclusive, non-
transferable, royalty-free license: (i) to use Customer Data
for internal research and/or benchmarking purposes; and
(ii) to use, share, copy, transmit, distribute, and share
Customer Data, in Aggregate Form only, with other
persons or entities.3.4 Reservation of Rights All rights not expressly granted
in writing within this Services Agreement shall be reserved
to Agiea or to Customer, as the case may be.4. FEES AND PAYMENT
4.1 Services Fees The Fees payable for the Services shall
be as set forth in the attached Service Schedule(s), and
Customer agrees to pay Agiea for Services in
accordance with the terms herein and such Service
Schedule. Customer shall pay Agiea additional fees,
calculated on a time and materials basis, at Agiea’s then
current rate, for any additional services performed by
Agiea at the request of Customer which are not
otherwise listed in a Service Schedule.4.2 Expenses Except where the Parties otherwise agree
in writing, Customer shall pay or reimburse Agiea for all
out-of-pocket expenses (including the cost of meals,
transportation, and mileage and any other charges and
disbursements) incurred by Agiea in the ordinary course
of providing the Services to the Customer (the
“Expenses”).4.3 Invoicing and Payment Customer shall pay all
invoices for Fees and Expenses in full, without deduction
or set-off, at the times specified in the Service Schedule,
and if not so specified, all invoices are due upon receipt.
Unless otherwise specified in a Service Schedule, all Fees
stated in and all amounts payable by Customer to Agiea
are in Canadian dollars.4.4 Taxes Fees are exclusive of all applicable taxes. If
Agiea is required to pay any federal, provincial or local
retail sales, use, goods and services, excise, value-added,
withholding, or similar taxes or like duties based on the
Services provided under this Services Agreement, then the
taxes shall be billed to and paid by Customer.4.5 Late Payments Any amounts that remain unpaid after
thirty (30) days after they initially become due and payable
shall be subject to a late payment charge at the rate of one
and one-half percent (1 ½%) per month on the unpaid
balance. Agiea reserves the right in its sole discretion
and without liability to suspend delivery of the Services to
Customer on notice until all outstanding invoices are paid.4.6 Invoicing Disputes Customer shall promptly review
all invoices issued by Agiea hereunder and shall notify
Agiea in writing of any invoice discrepancies within thirty
(30) days of invoice date. If Customer fails to notify
Agiea within that time period, Customer will have waived
any right to dispute such amounts, either directly or
indirectly, or as set-off or defined in any action or effort to
collect amounts due to Agiea.4.7 Rate Adjustment Agiea reserves the right, in its
sole discretion, to increase the Fees at any time with sixty
(60) days prior written notice to Customer.5. TERM AND TERMINATION.
5.1 Term This Services Agreement shall be effective as of
the Effective Date (and the applicable Service Schedule(s)
shall commence as of the effective service date set forth
therein), and shall continue for a term of one (1) year (the
“Initial Term”) unless otherwise terminated as set forth in
the Standard Terms and Conditions. At the expiration of
the Initial Term this Services Agreement will automatically
renew for successive terms of one (1) year (each a
“Renewal Term”) unless terminated by Customer by
delivery of written notice to Agiea six months prior to the
date of expiration of the Initial Term or any Renewal Term.5.2 Termination of Services Agreement This Services
Agreement may be terminated by either Party, at any time
and without cause, by giving six (6) months prior written
notice to the other Party; provided that all Service
Schedules referring to this Services Agreement have also
been terminated in accordance with the terms of the
Services Agreement.5.3 Termination of Service Schedule A Service
Schedule may be terminated by either Party, at any time
and without cause, by giving six (6) months prior written
notice to the other Party. If a Service Schedule is
terminated by Customer pursuant to this section 5.3, any
fees paid by Customer to the effective date of termination
are non-refundable.5.4 Insolvency/Bankruptcy Notwithstanding any other
provision of this Services Agreement, either Party may
terminate this Services Agreement, immediately upon
written notice to the other Party, if the other Party is
adjudged bankrupt, makes, attempts to make or gives
notice of intention to make a proposal, arrangement or any
general assignment for the benefit of creditors or seeks or
threatens to seek to obtain the benefit of any insolvency,
liquidation or arrangement laws, or if a receiver, receiver-
manager, trustee, liquidator or similar person is appointed
in respect of the whole or any part of its.5.5 Obligations on Termination Upon termination of this
Services Agreement and/or a Service Schedule: (i)
Customer shall immediately pay to Agiea any and all
amounts due and owing by Customer to Agiea under
each Service Schedule, as applicable, as of the effective
date of the termination notice; (ii) promptly (at the
Disclosing Party’s sole option) return to the Disclosing
Party or destroy any and all the Disclosing Party’s
Confidential Information in accordance with section 6.3
Below.6. CONFIDENTIAL INFORMATION
6.1 Non-Disclosure / Non-Use Each Party acknowledges
and agrees that all Confidential Information disclosed is
confidential and proprietary to the Disclosing Party, and
that as between the Parties, all ownership, license,
intellectual property, and other rights to Confidential
Information disclosed hereunder shall remain with the
Disclosing Party. During the Term of this Services
Agreement and thereafter, the Receiving Party shall: (i)
keep and maintain all Confidential Information of the
Disclosing Party in the strictest confidence; (ii) disclose
Confidential Information received hereunder only to such
Personnel who have a direct need to know such
Confidential Information and who are bound by written
confidentiality obligations at least as restrictive as those
contained herein; (iii) not use the Disclosing Party’s
Confidential Information for the Receiving Party’s own...

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