Privacy Policy

PLEASE CAREFULLY READ THIS PRIVACY POLICY (“POLICY”) BEFORE USING THIS WEBSITE AND THE ELITE PRODUCTS AND SERVICES PROVIDED HEREUNDER.  Using this Website indicates that you accept the Privacy Policy and Elite Website’s Terms and Conditions.  If you do not accept the terms set out in this Policy, you must exit and not use this Website. 

1.         INTRODUCTION

This Policy applies to the access to and use of this Website operated by Carlo Biasucci Consulting Inc. with a domain address of theelitepractice.com (“Elite”), referred to herein as the “Website”.  This Policy also applies to:

• the purchase of any products, services or materials from Elite through this Website (the “Elite Products”);
• the use of any information, material and content provided in the Website, including the details and particulars of any Elite Products (collectively referred to as the “Website Content”;
• any and all services available on or through the Website (the “Services”); and
• our independent consultants’ (the “Consultants’) use of the Website,

collectively the “Website Applications”.

This Policy is part of and incorporated by reference into the Website’s Terms and Conditions (“Terms”).  By accessing and/or using the Website or the Website Applications, you expressly accept without limitation or qualification this Policy and intend to be legally bound by same, along with all applicable laws and regulations. 

Further, if you are accessing or using this Website on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind such company or other legal entity to this Policy, in which case the terms “You” or “User” shall include such entity, jointly and severally with you personally.  You further consent to Elite providing to you, in electronic form on this Website this Policy. 

2.         OBJECTIVE AND SCOPE OF POLICY

Your privacy is important to us.  At Elite, we respect an individual’s privacy rights and our responsibilities regarding the collection, use, disclosure and retention of personal information.  Elite is dedicated to maintaining high levels of confidentiality and adheres to certain privacy principles to ensure the confidentiality of the Personal Information entrusted to us.

This Policy describes Elite’s personal information privacy policies and practices with respect to the collection, use, disclosure and retention of your personal information.  Our obligations and your rights are subject to the provisions of Canada’s federal privacy legislation, including the Personal Information Protection and Electronic Documents Act (S.C. 2000, c.5) and any other relevant federal and provincial legislation.  The Website and Website Applications are available to be viewed internationally and we endeavor to ensure compliance with all applicable privacy legislation. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing you to request access to, and correction of, your Personal Information.  This Privacy Policy applies to Elite and to any service providers collecting, using or disclosing personal information on behalf of Elite.

3.         PERSONAL INFORMATION

“Personal Information” is any information about an identifiable individual, including but not limited to your name, email address, shipping address, billing address, payment information such as your credit card number, date of birth and telephone number.

“Contact Information” means information that would enable an individual to be contacted at a place of business and includes their name, position name or title, business telephone number, business address, business email or business fax number.  Contact information is not covered by this Policy.

4.         WHAT PERSONAL INFORMATION DOES ELITE COLLECT

Elite limits the collection and use of your Personal Information to the minimum we require to deliver the Website and Website Applications to you.  Specifically, Elite collects, uses and discloses your Personal Information to the extent that is necessary to fulfill the following purposes:

• To Verify Identity.  Elite may collect your name, home address, home telephone number and birth date to verify your identity.  
• To Validate Legal Age for On-Line Purchases.  Elite will collect your name, home address, home telephone number and birth date to validate that you are of legal age for on-line purchases of Elite Products and Services.
• To Open and Manage an Account, Use of Website and Purchase of Elite Products/Services.  Certain Website functions and purchases of Elite Products/Services require you to register and create a “User Account”.  You will be asked to provide certain Personal Information to facilitate same, including your name, shipping address, billing address, telephone numbers, email address, and payment information such as your credit card number.   
• To Facilitate E-mail Newsletter Subscriptions.  To subscribe to Elite’s newsletters, if any, you will need to provide your e-mail address and potentially other Personal Information. 
• To Ensure a High Standard of Customer Service.  Elite may offer support and/or technical assistance with the purchase of some Elite Products and Services.  To facilitate same, the operator may view and/or make changes to information in your User Account and/or request personally identifiable information to verify your identity.  
• To Facilitate Orders/Purchases.  Elite may access and/or view your Personal Information to process orders or returns, send text message notifications regarding delivery status, contact you if issues arise regarding the delivery of your purchases and respond to your queries or advise of new Services.
• To Participate in Forums and Create “Public Profiles.  Should you choose to participate in Forums or create a Public Profile, you may be required to select a username, screen name, member name and password.  Your user name will be available to the Internet’s general public should you choose to participate in such Forums.  Privacy does not apply to any information you disclose publicly in such Forums.  You are solely responsible for managing your participation in Forums and your Public Profile.  Elite bears no responsibility for any action or policies of any third parties who collect information that you may disclose in User Forums or as a result of Public Profiles.
• To Publish Comments, Photographs or Content: If you submit to the Website a comment, photograph or other content online or offline, Elite may publish your name or other personally identifiable information in connection with same.   In this instance, you are hereby deemed to have given Elite permission to do same.
• To Facilitate Special Promotions and Purchases: If you choose to participate in Elite’s “Special Promotions”, including contests and surveys, or to make Purchases, you will be asked to provide personally identifiable information, such as your name, mailing address, e-mail address, phone number, and date of birth.   This Personal Information will be collected by Elite and/or a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with, a Special Promotion, or an e-commerce partner in the case of a Purchase.  By participating in the Special Promotion or making a Purchase, you are deemed to have provided consent to Elite to provide your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or administration, order fulfillment and/or prize delivery, as applicable.  By participating in Special Promotions, you are also deemed to have agreed to the official rules that govern the applicable Special Promotion.
• Law Enforcement.  Elite may disclose Personal Information to law enforcement agencies or other third parties to the extent required by law or where Elite reasonably believes it is necessary to do so to comply with the law. 
• To Identify Client, Customer and Member Preferences. You may be asked to provide information that does not personally identify you, but rather provides information regarding your personal preferences, purchasing habits, etc. in your “User Account” profile or other sections of the Website.  Elite requests this optional information to better understand you and to bring to your attention new services, programs or special offers that may be of interest. For example, Elite may collect information about the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the Elite Website or “click-through” from an e-mail, the Website or advertisement that was linked to or from the Elite Website when you visited, and your IP address. To facilitate same, Elite may use cookies and other technology, as described further in Section 8 below.  Elite may also automatically collect information such as the type of wireless device you are using, your mobile identification number and telecommunications carrier. Your use of the Elite Website and Elite’s Products and Services, and information provided through these technologies will be anonymous unless you provide personally identifiable information or have provided same in the past.

Elite shall communicate the purposes for which Personal Information is being collected either orally or in writing before or at the time of collection unless the purposes for collecting Personal Information are obvious. 

5.         CONSENT

Elite shall obtain your consent to collect, use or disclose Personal Information, except as where noted below, Elite is authorized to do so without consent.  Consent may be provided in writing or electronically, or it can be implied where the purpose for collecting, using or disclosing the Personal Information would be considered obvious and you voluntarily provided your Personal Information for that purpose.  Consent may also be implied where you are given notice and a reasonable opportunity to opt-out of your Personal Information being used for mail-outs, the marketing of new services or products, fundraising, emails, promotions and the like, and you do not opt-out.  Subject to limited exceptions, you can withhold or withdraw your consent for Elite to use your Personal Information in certain ways.  Your decision to withhold or withdraw your consent to certain uses of Personal Information may restrict Elite’s ability to provide a particular service or product.  If so, Elite shall explain the situation to assist you in making the decision.

Elite may also collect, use or disclose Personal Information without your consent in the following limited circumstances:

• When the collection, use or disclosure of Personal Information is permitted or required by law;
• When disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, the Elite’s rights and/or property;
• In an emergency that threatens an individual’s life, health, or personal security;
• When the personal information is available from a public source;
• When Elite requires legal advice;
• For the purposes of collecting a debt;
• To protect ourselves from fraud;
• To investigate an anticipated breach of an agreement or a contravention of law; and
• To respond to an inquiry, request or complaint that you have made.

6.         THIRD PARTIES

You understand and agree that the management and delivery of the Website and Website Applications may include or utilize third party products or services (all collectively the “Third Party Services”).  The Third Party Services may include third party providers and data centers that may be located outside of Canada.  This means that information in connection with your use of the Website and Website Applications, including your personal information, may be subject to the laws and lawful disclosure requirements of the jurisdictions where such information is transmitted or stored.  Elite reserves the right to contract with third-party subcontractors to provide all or part of the Website and Website Applications, including cloud service or hosting cloud service or hosting solution providers, on behalf of Elite.  Elite may change or replace such subcontractors at any time in its sole discretion. 

Elite may also receive personal information collected by Third Party Service providers in the course of the performance of the Third Party Services. 

Third Parties who participate on the Website are prohibited from using your Personal Information for marketing purposes and from sharing, selling, or otherwise using such information, unless you choose to opt in to same.  If you choose to receive future communications from a third party, your Personal Information will be subject to the privacy policy of the Third Party. 

Elite does not have any control or responsibility for matters related to a Third Party Services, and therefore you will have to contact the Third Party regarding same.  Elite further does not endorse or sponsor any other Website, is not responsible for the privacy practice of such websites and is not responsible and/or liable for any damages or losses of any nature or kind that may result, directly or indirectly, from your use of or access to such Third Party websites.

7.         LINKS TO OTHER WEBSITES OR APPLICATIONS

This Policy applies only to information collected by Elite or supplied by you to Elite.  Although the Website may provide you with links to other websites or applications, this Policy does not apply to those websites or applications or to the other collection, use or disclosure of Personal Information by other persons.

8.         COOKIES

To ensure the Website is optimized for ease of use, Elite, our Consultants and Third Party Service Providers may use “Cookies” to collect standard information about language preferences, when you visit the Website, your browser type and version and similar information.  A cookie is a small text file that is saved to, and, during subsequent visits, retrieved from your computer or mobile device.  

Elite typically uses such passively collected information for a variety of purposes, such as to administer the Website, customize the Website to your preferences and compile aggregated statistics for marketing and research purposes.  Elite reserves the unrestricted right to use this passively collected, non-personally identifiable information for any reason, including but not limited to selling, leasing, permitting access to, or otherwise transferring it to our affiliates, business partners, advertisers and other third parties. 

You are not required to accept Cookies from the Website and you can also reset your browser to notify you when it has received a Cookie.  You can also refuse to accept Cookies.  If you refuse to accept Cookies, you may limit your viewing and/or access to all features on the Website.  The information is collected on an anonymous and aggregate basis. 

9.         ACCESS TO AND CORRECTION TO PERSONAL INFORMATION

You have a right to access your Personal Information subject to limited exceptions, including but not limited to solicitor-client privilege and when the disclosure would reveal Personal Information about another individual,  A request for access to Personal Information shall be made in writing and provide sufficient detail to identify the Personal Information being sought.  If a request is refused, in full or in part, Elite shall notify you in writing and provide reasons for same. 

You must inform Elite without delay of any change in the information you provided.  A request to correct Personal Information must be made in writing and provide sufficient detail to identify the Personal Information and the correction being sought. 

10.       RETAINING PERSONAL INFORMATION

Elite will keep your Personal Information only for as long as it is reasonably needed to fulfill the purposes for which it was collected. Elite may also collect Personal Information about you from our Consultants and Third Party Services providers, as described in Sections 6 and 7 herein.

Elite shall not remove your Personal Information when there is a legal storage requirement, such as bookkeeping requirements or some other grounds to keep the data, such as unsettled debts.  Further, Elite may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. 

You can withdraw your consent for Elite to use your Personal Information for marketing purposes at any time by sending a letter to Carlo Biasucci Consulting Corporation, 101-432 Great Northern Road, Sault Ste. Marie, ON, P6B 4Z9, or by sending an email to info@theelitepractice.com.  You can also access, edit or remove your Public Profile and/or User Account, if applicable, by signing in to your User Account and following the directions, or by sending an email to info@theelitepractice.com.  You can further unsubscribe from receiving commercial email from the Website by clicking the link contained in the email sent to you.

Notwithstanding the options as set out herein, even if you choose to modify/delete your User Account or unsubscribe, Elite reserves the right to contact you regarding your account, use of this Website, technical support, product information, changes to account terms and any other matter that may affect Elite’s Products and Services purchased and/or registered from Elite.

11.       SECURING PERSONAL INFORMATION

Elite is committed to ensuring the security of your Personal Information to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.  To this end, Elite has implemented technical, physical and administrative safeguards to protect your data from loss, manipulation and unauthorized access and when destroying Personal Information.  Elite has and will continue to adapt these security measures in line with technological developments.

Use of a credit card for Purchases is as secure as possible, and all information is sent in encrypted form.  The Personal Information is passed through a secure connection and your personal data cannot be read by external parties.  Elite works with an authorized payment agent who liaises directly with your bank to ensure the card is valid for purchases.  The payment agent processes your card details according to the international security standard PCI DSS, which was developed by the major credit card companies (ie. VISA, MasterCard, American Express, etc.). This means that your credit card details are processed with a very high level of security. Elite reserves the right to carry out an identity check.

Notwithstanding the above, Elite cannot guarantee that unauthorized access, hacking, data loss, or other breaches will not occur.  As such, please be aware that your use of the Website and Website Applications is at your own risk.  Elite urges you to take steps to protect your information.

12.       JURISDICTION AND GOVERNING LAW

This Website is administered by Elite from its offices in Canada.  This Policy shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to the conflicts of laws principals thereof.  You hereby agree and confirm that your use of the Website and all of the communications, transmissions and transactions associated with the Website shall be deemed to have occurred in the Province of Ontario, Canada.  You irrevocably agree that the courts of the Province of Ontario, Canada is the proper and most convenient forum concerning the Website, Website Applications and this Policy and shall have exclusive jurisdiction to settle any and all disputes arising out of this Policy.  You irrevocably submit and attorn to the jurisdiction of the courts of the Province of Ontario, Canada.

13.       ASSIGNMENT AND INVALIDITY

This Policy may be assigned by Elite to any other person in Elite’s discretion.  You may not assign this Policy.  If any provision of this Policy is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Policy which shall remain in full force and effect. 

14.       WAIVER

No waiver of any provision of the Policy shall be deemed a further or continuing waiver of such provision or any other provision.  All waivers by Elite must be in writing. 

15.       ENTIRE AGREEMENT

The Policy together with the Terms are the entire agreement between you and Elite concerning your access to and use of the Website and the Website Applications, subject to any other agreements entered into by you and Elite concerning the purchase of Elite Products on or through this Website.

The Policy shall continue to be in force, subject to any amendment as provided herein, unless and until terminated by Elite which Elite may elect to do in its discretion at any time without notice to you.

This electronic document and all other electronic documents referred to or incorporated herein will be:  (a) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents.  A printed version of the Policy and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed forms.

16.       SUCCESSORS AND ASSIGNS

As set out in the Terms, you acknowledge that Elite may assign its rights and obligations regarding any of your Personal Information as a result of a merger, acquisition, or sale of all or substantially all of Elite’s assets.  In such an event, your continued use of the Website or any related Elite Products and Services signifies your agreement to continue to be bound by the Terms, this Policy and the Policy of Elite’s subsequent owner.

17.       MINOR

Elite does not knowingly collect personal identifiable information from children under the age of eighteen (18) years.   If a child under eighteen (18) has provided us with personal information without parental or guardian consent, then the Parent or guardian or tutor may contact us by emailing us info@elite.dgstesting.com. 

18.       CONTACTING US

You can reach customer support by emailing Elite at info@elite.dgstesting.com.  Privacy matters can be addressed by emailing Elite at info@elite.dgstesting.com.

19.       QUESTIONS AND COMPLAINTS

The designated individual responsible for ensuring Elite’s compliance with this Privacy Policy and any applicable legislation is Carlo Biasucci.   You should direct any complaints, concerns or questions regarding the Website and/or Elite’s compliance with this Privacy Policy in writing and by sending same as follows:

CONTACT INFORMATION
Name: Carlo Biasucci
Email: info@theelitepractice.com

Version 2.0
Effective April 3, 2024