TABLE OF CONTENTS

Introduction and Important Notices

Language, Important Terms, Definitions, Concepts and Interpretation

1. Preliminary
2. TPS
3. User
4. This Document
5. The Effective Date
6. Minors
7. Legislation
8. Social Media
9. Statistics and Analytics
10. User Identification Files

Why Data is Collected in the First Place

Instances of Data Collection

1. By Third Parties From Our Website
2. In the Comment Section on Our Website
3. Social Media
4. Email Marketing

How Data is Collected

Disclosure of Data to Third Parties

Prevailing Legislation and Your Rights in Respect of Security and Privacy

Contact Us

Introduction and Important Notices

The Public Server takes the protection and privacy of personal information very seriously, and the aim of this Privacy Policy is to describe the manner in which The Public Server takes care of your personal information which includes, but is in no way limited to, what information is collected, how it is collected and stored, the dissemination of such information, where it may be used, who will have access thereto, the rights regarding erasure thereof as well as various rules, provisions, acts and the like which govern the collection of personal data (as amended from time to time); all of which shall be covered in detail hereunder.

It is your obligation to read and understand the contents hereof and hereby agree to be bound by the terms of this privacy policy by virtue of, inter alia, your visitation, consideration, navigation and use of thepublicserver.com.

Your continued dealings with, use of and reliance on this website and the contents thereof subsequent to any additions, updates or amendments to this Privacy Policy, which alterations may be implemented at any time without further notice to you, constitutes your deemed acceptance of said changes.

We may link to third party promotions, offers, products or services from time to time that, when selected, will redirect you away from our website, at which point you will no longer be bound by our Terms and Conditions or Privacy Policy.

Reference to updates made herein, if any, may be posted in this section but, although every effort is taken to be as precise as possible in conveying information to you, it is up to you to familiarize yourself with the contents hereof on a regular basis.

The aforegoing applies, mutatis mutandis, equally to all legal pages on TPS, specifically our “Disclaimer” and “Terms and Conditions” pages, which you can be redirected to by clicking on their respective links.

Language, Important Terms, Definitions, Concepts and Interpretation

Preliminary

Headings and sub-headings are for convenience and shall not be used in the interpretation hereof, unless the context clearly indicates a contrary intention.

Any expression which denotes any gender includes the alternative and neuter.

Unless the context clearly requires a different interpretation, any reference to:
the singular includes the plural and vice versa; and
natural persons includes juristic persons and vice versa.

The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis principle (i.e. the rule that a general word or clause is restricted in meaning to the same class as the specific words which precede it) shall not be applied in the interpretation of such general wording or such specific example/s.

Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the date hereof, and as amended or substituted from time to time.

The following words, expressions and/or phrases shall bear the meanings assigned to them and shall apply to all parts of this document:

TPS

Means the Public Server brand, inter alia, “this website”, “thepublicserver.com”, “the company”, “I”, “me”, “we”, or “us” (all of which may be used interchangeably, unless the context clearly indicates otherwise).

User

Means any person who accesses, uses or otherwise interacts with TPS, inter alia, “the user”, “any user”, “users”, “you”, “your” or “yourself” (all of which may be used interchangeably, unless the context clearly indicates otherwise).

This Document

Means this Privacy Policy and all of its content as well as, insofar as it is relevant, any other legal provision binding the users of TPS.

The Effective Date

Means the date on which this document comes into effect, being 17 August 2020, binding all those subject to its provisions and encompassing any modifications hereto, from which date any continued use constitutes deemed acceptance of the contents of this document, as amended.

Minors

Means, inter alia, “a child”, “children”, “teenagers”, “adolescents”, (all of which may be used interchangeably, unless the context clearly indicates otherwise), and generally refers to any natural person under the age of 18 (eighteen) years.

Legislation

Means, inter alia, “the General Data Protection Regulation (Regulation (EU) 2016/679) (hereinafter “GDPR”)”, “the Protection of Personal Information Act, 4 of 2013 (hereinafter “POPI”)”, “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (hereinafter “CAN-SPAM”)”, “the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5.) (hereinafter “PIPEDA”)” and “the California Consumer Privacy Act of 2018 (hereinafter “CCPA”)”; together with any other relevant legislation, statute, regulation, act, authority and/or treaty governing, inter alia, the collection, storage, use, communication, disclosure, dissemination, access and deletion of personal information.

Social Media

Means third-party platforms, handles, channels, websites, applications and accounts such as, inter alia, Facebook, Instagram and Twitter, which facilitate the creation, communication and consumption of digital content between individual account holders on each respective network.

Statistics and Analytics

Means data collected about your IP address, such as the details of your ISP, browser being used and the operating system of the device utilized when visiting TPS; as well as your current location, browsing history, devices used to access TPS, other pages visited on the website as well as any other useful information collected for statistical and analytical purposes only, so that we can make improvements to our user experience, website interface and tailor products and services accordingly.

User Identification Files

Means, collectively, files which are used for the collection and storage of non-personally identifiable data, such as your IP address, language, geographic location, time and date, login information as well as other individual preferences, serving as an anonymous identifier to track customer behaviour and allow third parties’ insight into a user’s interaction with our website. This is achieved, inter alia, through the use of Cookies, Pixels and/or Web Beacons. In this way, TPS can recognize users when they return to the website and efficiently load preferences, allowing for a more seamless user experience. Additionally, this allows for the collection of information across Social Media sites for the purpose of targeted advertising. It is possible to disable Cookies on this website, but this will limit its (the website’s) functionality.

Why Data is Collected in the First Place

We only require that information which is reasonably necessary to contract with you. There are many reasons why your personal information may be collected, stored and used and we have outlined the important points hereunder:

1. It allows us to tailor the user experience to the benefit of each individual user visiting our website;
2. It provides us with the necessary statistical and analytical feedback, based on a user’s behaviour and interests, required to enhance the performance of our website, products and services;
3. It enables us to provide each user with efficient support, process requests and transactions effectively, deliver appropriate advertisements based on likes and interests, obtain user reviews, generate suitable offers and promotions, promote the right solutions offered by our affiliates as well as respond to users accordingly;
4. It allows us to personalise and optimise the user experience through statistics and analytics, upgrade the user interface appropriately, save settings and preferences as well as better understand user behaviour in order to serve them to the best of our abilities.

Instances of Data Collection

Data is collected in the following circumstances:

By Third Parties From Our Website

1. Third parties may collect general information regarding a user’s interaction with our website in order to track customer behaviour; such as advertisers looking to target tailor-made advertising based on a user’s interests or behaviour;
2. Additionally, Social Media sites have their own technology, User Identification Files and third-party software which they may employ on our website to receive user information in order to run, inter alia, targeted advertisements, promotions and/or remarketing campaigns;
3. We may also embed certain media and content in our articles, such as video, advertisements and images from third party websites, who also have their own technology, User Identification Files and third-party software which they may employ to track and monitor a user’s interaction with said embedded content;
4. Take note that third parties implement their own activities, practices and privacy policies, over which we have no control and in respect of which we accept no responsibility or liability regarding their use of your personal information. We suggest that you read their policies and contact them for any queries you may have in this regard.

In the Comment Section on Our Website

information such as a user’s name, email address and/or organisation name / website is used to recognise users when they opt-in, so that any subsequent comments will not be subject to unnecessary moderation, already undertaken in respect of the original comment. This allows for the efficient facilitation of comments and replies.

Social Media

when you interact with us on Social Media through the relevant links on our website, such as the sharing options available, and are directed to the specific Social Media platform you have selected, said platform is able to capture and track your personal information, the disclosure of which you have given your permission upon engaging with them. As such, we accept no responsibility or liability for the information you disclose on Social Media, through your interaction with us thereon or otherwise, as any misuse of your data in these instances is not within our control.

Email Marketing

Correspondence with us via email is always optional (i.e. – you are required to opt-in to email communication with us by way of consent, such as by subscribing to our mailing list). When you subscribe, you agree to receiving our free newsletter, any promotions on offer, various correspondence, updates and other email content from, and relevant to, TPS and our website. Every effort is taken to provide our users with only that content which is relevant to them and our emails are always drafted with the end-user in mind (i.e. – with an express intent of serving our subscribers and providing them with information and material designed to enrich their lives). In line with legislation (and our personal disapproval of unsolicited and/or misleading communication), TPS will never spam you. If, however, you have received email correspondence from us in error, or no longer wish to receive emails from us in the future, you can unsubscribe at any time by selecting the unsubscribe option at the end of every email we send out or, alternatively, you can send an email to brad@thepublicserver.com to have yourself removed from our mailing list. Please also draw your attention to additional considerations below:

1. When you send emails to us, your email address and all correspondence will be recorded to facilitate a line of communication between us, but please note that we do not share, disclose, trade or sell any of this information to third parties (save for certain exceptions outlined elsewhere in this document).
2. We may offer free and/or paid products and services on our website, which are shared, delivered and/or made available to you via email when you subscribe to our mailing list.
3. We work together with our email service provider to ensure that our email marketing practices are in line with prevailing legislation.

How Data is Collected

User data may be collected through User Identification Files which collect and store information about a user, anonymously, in order to facilitate a seamless and convenient user experience with our website, since users will not be required to provide the same information on each occasion that they visit the site. A temporary Cookie is created for users with an account with us whenever logging into their profile (which Cookie contains no personal data and is discarded when the user exits their browser).

Disclosure of Data to Third Parties

Please be advised that we do not, without a user’s prior consent, disclose, sell or trade personal information to third parties. However, there are certain circumstances in which a user’s information will be made available to third parties, as described hereunder:

1. Trusted third parties whom we have partnered with, such as our website host, email marketing service provider, other service providers assisting us with the operation of our website as well as affiliates we work with in offering our users a variety of products and services will have access to user information. It is important to note, however, that such information is still kept confidential as between us and said third party for marketing purposes only;
2. We may be required to disclose a user’s information in compliance with legislation relating to legal claims, such as copyright infringement lawsuits;
3. Any change of ownership will require that user data be disclosed to the new owner. However, such disclosure is subject to, and shall be made in accordance with, this document.

Prevailing Legislation and Your Rights in Respect of Security and Privacy

In accordance with legislation, please take special note of the following:

1. TPS explores topics and material relevant to and intended for adults over the age of 18 (eighteen). We respect the privacy of minors and do not intentionally collect, store or disseminate the personal information of those under the age of 13 (thirteen), who are prohibited from accessing this website, without the prior consent of a parent or guardian. If you believe that such information is in our possession without the requisite consent, please contact us to have same deleted.
2. The privacy and security of our user’s personal information is our top priority, and we strive to follow the applicable legislation together with industry standards to protect all personal information submitted to us voluntarily and automatically. Unfortunately, we cannot guarantee the security of information, as transmission of information over the Internet is never completely immune and isn’t always secure. In the event you transact with us using a credit card or make a purchase through any portal on the website, you will be navigated to a third-party vendor in order for you to complete the transaction. Any information provided at checkout is not stored with us, but is handled by the aforesaid vendor, who completes this process. In light of the above, you hereby agree to hold us harmless for any security breach and for any unauthorized use of your personal information by third parties. Furthermore, we assume no liability for any disclosure of information which was obtained through our website without our knowledge and consent.
3. You may request that we delete your information at any time and such request must be communicated to us via email. Note that this will result in your loss of access to any free or paid content available to you previously.
4. The retention of your personal information is also in our discretion, meaning that we can decide to remove and delete user information from our system at any time for any reason.
5. You may request and be granted access to any of your personal information that we have collected and stored.
6. You may request verification of your information and either have it rectified or erased completely.
7. You may request restrictions on the processing of your data, withdraw your consent to the processing of said data, or object to the processing thereof in certain circumstances, allowing us to store said data, but no longer process it. Withdrawal of consent does not invalidate the lawfulness of processing conducted in terms of any prior consent given.
8. You may request retrieval of your personal data from us in order to port (transfer) it to another entity or controller.
9. You may lodge a complaint with the relevant authority who has jurisdiction to adjudicate matters relating to the privacy of personal information and the misuse thereof.
10. We do not, have not and will not sell your personal information to third parties.

Contact Us

Please contact brad@thepublicserver.com for any questions or queries regarding this Privacy Policy.