Privacy Policy

Privacy Policy, effective as of July 20th. 2018.

TSS is committed to respecting online privacy and recognizes customers' need for appropriate protection and management of personally identifiable information shared with TSS. This privacy statement covers the information gathering and dissemination practices for this site: www.totalserversolutions.com (the "Site"), and for offline activities such as sales, customer marketing and events. Total Server Solutions is the controller of your Personal Data and responsible for the collection, processing and any disclosure of your Personal Data described in this Privacy Policy, unless specified otherwise.

This Privacy Policy does not apply to personal information which we process (as a "data processor"), but where the customer is the data controller . Examples of relevant services would include, but are not limited to, physical and cloud infrastructures where our customers offer their own products and services using our infrastructure to host personal information.

To the extent that it is not defined by applicable law, personal information (also known as "personal data"), will include any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without revealing any personal information. By using this Site, you acknowledge and understand that we will process personal information as set out in this policy (as they may be revised or updated).

TSS strives to comply with all applicable laws around the globe that are designed to protect customers' privacy. Although legal requirements may vary from country to country, TSS intends to adhere to the principles set forth in this policy even if, in connection with the above, we transfer personal information to countries that may not require an "adequate" level of protection for personal information. Depending on applicable law, certain rights set out in this Privacy Policy may not apply to you.

You might find external links to third party websites on our website. This privacy notice does not apply to your use of any third party site.

Choice and Data Collection

Upon signing up for TSS's products and/or services, you will be required to register and give TSS certain personal information (such as first and last name, email address and company name). TSS uses this information to contact you about the services on our site in which you have expressed interest. You may choose whether or not to provide personal information to TSS. If you choose not to provide personal information, you can still visit most areas of our site, although please note the information provided [below]/[in our separate notice] regarding our use of cookies on this site. TSS takes reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Personal Information We Collect to be aligned with actual TSS practice, if necessary.

We collect information about you if you:

  • use our websites;
  • do business with us as a representative of one of our customers or suppliers;
  • pay for our services;
  • apply for a position with TSS
  • use our online chat tool;
  • contact us with any form of query or complaint;
  • visit a TSS office or site;
  • subscribe to marketing communications from us; or
  • attend a TSS sponsored or hosted event,

collectively ("you").

We also process personal information on behalf of our customers when we provide our services to them, as explained above. When we do this, we act as a "data processor" under relevant data protection laws, whilst our customer (or potentially a third party) will be the relevant "data controller". If you have concerns or questions about our processing of your personal information in the contexts of TSS' services, you should contact our customer. Please note that if you try to contact us directly, we may need to disclose your request to the relevant customer.

Depending on the context in which we interact with you, the information we collect is likely to include:

  • your name;
  • your contact details;
  • your online chat username or ID;
  • your IP address or device ID;
  • credit card information;
  • profile / log-in details;
  • your marketing preferences;
  • CCTV images or identification details (such as in a visitor signing-in book) which may be captured if you visit a TSS office or site;
  • any other personal information you provide in correspondence with us, for example where this is relevant to a complaint or query.

Through your use of our websites, we will also collect information - such as IP address and browser generated information (browser type, operating system), as well as information about your browsing session. We do not use this information to identify you as an individual, but in order to tailor or enhance your browsing experience, or in aggregate with data of other users for statistical purposes.

How We Use Your Personal Information to be aligned with actual TSS practice, if necessary.

Your personal information will be used for the purposes listed in the table below.

Where the EU General Data Protection Regulation ("GDPR") applies, we will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. We have also described the legal bases which we rely in the table. The legal basis we rely upon will impact which rights you have in relation to your personal information (see section below for more details):



Use of Cookies and Tracking Technologies

Review Our Cookie Policy

Information Sharing

TSS only shares personal information with other companies or individuals outside of TSS in the following limited circumstances: (1) TSS has your consent; (2) to subsidiaries, affiliates or other trusted businesses or persons for the purpose of processing personal information on our behalf, provided such parties have agreed to process such information based on our instructions and in compliance with this policy and any other confidentiality and security measures, as we deem appropriate in our sole discretion; and (3) TSS has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental or regulatory request, (b) enforce applicable terms of service, including investigation of potential violations thereof, or exercise, establish or defend any other legal right or claim, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of TSS, its users or the public as required or permitted by law.

If all or part of TSS is sold, merged or otherwise transferred to another entity, the information that you have provided at this site may be transferred as part of that transaction. However, TSS will take reasonable steps to assure that such information is used in a manner consistent with the policy under which it was collected.

It is against TSS's policy to sell personal information collected through its Site without consent.

Retention of your Personal Data

Total Server Solutions will retain your Personal Data for a period of time which is consistent with the original purposes of collection. Purposes could include but is not limited to a contract with you to provide services. Total Server Solutions will determine the appropriate retention period for Personal Data with potential risk, sensitivity, nature and if we can achieve the purposes of processing through a different means, as well as any applicable legal requirements.

After the retention period is over, your Personal Data will be removed, unless continued retention is necessary to exercise, establish or defend any legal right or claim, or to comply with a court order or governmental or regulatory request.

Your Rights in relation to your Personal Data

You have certain rights regarding your Personal Data, which is subject to local data protection law. These may include but are not limited to the following rights:

  • To access your Personal Data stored by Total Server Solutions (right to access)
  • To resolve any inaccuracies in Personal Data and verify it is complete (right to rectification)
  • To erase/remove your Personal Data to the extent permitted by other legal obligations (right to erasure; right to be forgotten)
  • To restrict our processing of your Personal Data (right to restriction of processing)
  • To transfer your Personal Data to another controller to the extent possible (right to data portability)
  • To object to any processing of your Personal Data carried out on the basis of legitimate interest (right to object)
  • To prevent direct marketing at any time, without having to provide reasoning for such objection. You can ask us to stop sending email marketing, by following the 'unsubscribe' link you will find on all the email marketing messages we send you. Alternatively, you can contact us on the email address provided below.
  • Not to be subject to a decision from an automatic process, including profiling, which produces legal or other significant effects (“Automated Decision Making”); We do not utilize Automated Decision Making in relation to the activities described in this Policy.

To exercise your rights or if, at any time after interacting with TSS you would like to review, raise complaints, change, delete or modify personally identifiable information previously provided, then you may contact TSS by e-mail at dpo@totalserversolutions.com

Total Server Solutions will try to respond to any legitimate request within one month and will contact you if we need any additional information to honor the request. If you are a Total Server Solutions client, you have access to update your account settings in your billing portal.

Information Security

Wherever your personal information may be held by TSS or on its behalf, TSS intends to take reasonable and appropriate steps to protect the personal information that you share with us from unauthorized access or disclosure. TSS uses reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of all data, not just personal information. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal information. Only those who need to know that information in order to operate, develop or improve TSS's services have the information. They are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Site Security

The Site has physical, administrative and technical measures in place to maintain the security, confidentiality, and integrity of the data under our control, and to help protect against the loss, misuse, and alteration of such data. These safeguards help prevent unauthorized access, maintain data accuracy, and help ensure the appropriate use of all data. While TSS strives to protect your personal information, no data transmission over the Internet can be guaranteed to be totally secure and therefore we cannot ensure or warrant the security of any information you send to us. You send any information via the site at your own risk and are solely responsible for protecting passwords, limiting access on devices, and signing out of websites after your sessions.

International transfer of information collected

TSS is a global organization headquartered in the United States, and consequently your Personal Data may be collected, transferred and stored by us in the United States and by affiliates in other countries that we operate within.

Your Personal Data may be processed outside of the EEA, and in countries which are not subject to adequacy decision by the European Commission and which may not provide the same level of data protection in the EEA. If this is to be the case, Total Server Solutions will ensure that such recipient offers an adequate level of protection, for example by entering standard contractual clauses for data transfer approved by the European Commission or by relying on certification schemes such as the EU - US Privacy Shield scheme.

You have a right to contact us at dpo@totalserversolutions.com for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.

In limited circumstances, transfers of your personal information may be based on context specific derogations which permit transfers in the absence of safeguards, such as where a transfer is necessary for the establishment, exercise or defense of legal claims.

Changes to Policy

Please note that this policy may change from time to time. TSS will not materially reduce your rights with respect to treatment of personal information under this policy without your explicit consent, and we expect most such changes will be minor. Regardless, TSS will post any policy changes on this page and, if the changes are significant, TSS will take reasonable steps, whether by e-mail, posting on the Site home page for a reasonable period of time or otherwise, to notify you of such changes. We will also modify the “effective date” atop this policy when changes go into effect. We encourage you to review this Privacy Policy to stay informed about the collection, processing, sharing and security of your Personal Data.

Enforcement

When TSS receives formal written complaints (whether by e-mail through this Site or otherwise), it is TSS's policy to contact the complaining user regarding his or her concerns. This policy and the statements outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

Contact Us

If you have questions, concerns, suggestions regarding this policy or if you wish to exercise rights regarding your Personal Data contact us via our contact information on our website or at: Total Server Solutions Data Protection Officer

34 Peachtree St. NE
Atlanta, GA 30303
Email: dpo@totalserversolutions.com

We are committed to working with you in getting a proper and fair resolution to any concerns you have regarding this policy. If you however, believe that your concern or issue has not been addressed and are located in the EEA you have the right to lodge a complaint with a supervisory authority.

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