Tag: legal

  • Anonymous Surfing

    Anonymous Surfing

    You don’t have to be an online arsonist, hacker, or international cyber-terrorist to hide your online identity. Likewise, concealing your PC’s web address or your Internet Protocol address (IP address), making it unknown to the public, does not necessarily mean you are up to no good online.


    We will, therefore,  build a case for why it is important at times to conceal your private online location using VPNs (Virtual Private Networks).


    A VPN is a connection method used to add security and privacy to your private and public networks. This includes your Wi-fi Hotspots and access to the Internet. They are most often used by corporations to protect sensitive data but now also by people like yourselves for the same purpose.

    VPN-Protect-you

    Click on the image to view a quick video


    Let’s get back to the importance of your IP address. It is probably something you rarely think about but is crucial to your online lifestyle even as an individual. How so? You might still ask.


    Well, without an IP address, you wouldn’t be able to get the current weather, check the latest news, or view videos (streaming) online for instance.

    The uses of VPNs

    Your IP is also used to access every online service you partake in including very private things like your internet/mobile banking or online trading activity.  Think of it as your physical address and how important it is when getting things delivered by post or using it when you need to make applications for loans, jobs, etc.

    “Without a public IP address, online service providers like Netflix, BBC, or Amazon wouldn’t know where to send the information you asked for. They wouldn’t be able to get it to your computer.”


    Imagine how naked you must feel if you have nothing to protect this address from the advent of a hack without adequate data encryption.  Also the just the haggling by overzealous online marketers, spam, malware, and even ‘419 scammers’!


    Now the argument for whether using VPNs is illegal is highly debatable for some of the valid reasons highlighted above. It should, however, be a given right to be able to use it. And even though it is commonly used by cyber-thugs to mask their clandestine and often dark activities, it should not be outlawed altogether.

    The case for VPN

    The legitimacy of VPNs debate, therefore, carries on into a grey area.
    We will, however, investigate a few VPN providers that are ‘paid for services’ and even offered by established companies such as AVG (which primarily offers Antivirus protection).


    The directive is to help the everyday consumer surf the web without ‘virtual’ salespeople bombarding them with offers based on personal information gathered in an ‘unsolicited’ manner.


    Policies like the European-based GDPR law were put in place to protect consumers from the non-consensus use of their data. Even your Internet Service Providers (ISPs) can track your online activities via your IP and sell your browsing habits.


    Some forward-thinking people and companies, however, have long been shielding themselves manually using VPNs.


    One direct benefit for you as a consumer is the ability to access content (information, products, and services) from different servers. A good VPN service can enable you to obtain access to other geo-locational content despite being on a different continent.

    It is perfectly legal provided you are paying for the service. The burden falls on the provider of the service and not you if it came down to a legal “scrap”.

    Rationale for using them

    If you perform these tasks frequently, you need a VPN:

    • Hide your IP address (to enable anonymity from marketers and hackers)
    • Change your IP address (to avoid identity theft)
    • Encrypt data transfers (private and financial data)
    • Mask your location (to access other services)
    • Access blocked websites
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    A word of caution when navigating websites blocked by governments with a VPN. Unless you are a high-profile journalist working on a case and backed by good legal aid – it’s not a wise thing to do.
    Do some research if you are not sure because accessing such sites could land you in some hot water. Rather use a known privacy service like Tor to ensure full anonymity to gain access to restricted sites if you really must.


    Top Virtual Private Network Protocols

    VPN protocols and available security features are numerous. The most common (best) protocols are:
    ExpressVPNthe acclaimed best offshore VPN for privacy and unblocking.
    IPVanish great for P2P and Torrenting.
    VyprVPNthe best choice for those looking for security.
    NordVPNsecurity is its middle name.
    TunnelBeardubbed the easiest VPN to use.
    Windscribea VPN which gives you unlimited connections.
    Hotspot Shieldan awesome solution for online browsing.
    KeepSolid VPN Unlimitedthe jack of all trades of VPNs.
    CyberGhostrich clients and ease of reconfiguring.
    ZenMateuser-friendly VPN that caters to the newbies to VPN.
    PureVPNtake advantage of easy to use apps and access to many servers.

    Source: www.itproportal.com, PureVpn

    Making the choice

    Picking a VPN service can be a daunting task as there are now literally hundreds of them to choose from. Landing the right one means striking the right balance between what you are offered, the ease of use, and naturally, the price.

    Some providers offer free you VPN services while some like AVG charges for their VPN service. Paid VPN providers, however, are preferred to the free service providers as they offer robust gateways, proven security, additional free software, and unmatched speed.

    The key is to find the best VPN that meets your immediate needs while matching your budget.

  • Accountable Supervision

    Accountable Supervision

    Leadership values are not only confined to the running of a political campaign, party, or country for that matter, however, like in any venture that has an objective and deals with human beings – it forms the backbone of a successful business.

    Consequently, what leaders such as CEO of Tesla Elon Musk, for example, say or does, have a positive or, in the recent unfortunate case, a negative impact on the shareholdings of his business.


    The share price can decline sharply and worse yet, it can lead to the exit of senior staff members and thus undermining the business, its leadership values, and objectives.


    This why it is critical for companies to adopt the right practices and responsible leadership to enable them to address both internal and external issues affecting them.


    This is even most relevant when dealing with a company that has a multinational operational facet such as the Murray and Roberts Group – a South African company that operates in a global setting.


    This specific multinational company was used in a case study for a research paper because it is firmly entrenched in the construction and engineering industry.


    More specifically, they service the global natural resources market sectors of underground mining; Oil & Gas; Power & Energy.
    Such a diverse set of operations requires a varied set of objectives spearheaded by a solid leadership path.

    A new model of leadership

    We have covered the topic of Emotional Intelligence before. It now surfaces again within a brand-new leadership model known as the ARCHES model.
    The name derives from a key characteristic of the physical structure of an arch and its durability.

    Coupled with its diversity in models and materials and its depiction as symbols of triumph, it represents an apt analogy of what responsible and effective leadership should be.


    The model was especially derived by an academic* for a syndicate group assignment and is based on six key characteristics that should be imparted in a leader.


    An effective and responsible leader is one who is attuned to their followers, responsive, possesses the necessary competencies, serves with humility, is ethical and adopts a sustainable approach to leadership.

    A leader who possesses all these attributes is one who can rise above adversity and lead their followers in a way that promotes innovation, motivates, develops skills, promotes personal growth, and encourages improved performance.

    B.Moyo

    Application of the model

    ARCHES

    The model defines attuned leadership as the act of being self-aware, informed, and aware of the environment in which you exist – servant leadership.


    Employees should be encouraged to take responsibility for their actions because responsibility and effectiveness are complimentary. The demise of US energy company Enron, for example, was due to a failure of management to execute communication-based responsibility, internally and externally.

    A volatile, uncertain, complex, and ambiguous environment in which a business operates can result in many potential projects not coming to fruition.


    In such an environment, leaders that are attuned, responsive, and possess the right competencies can expert power as their way to influence followers to exhibit the same traits.


    Referent power develops out of admiration of another and a desire to be like them. Expert power, on the other hand, is a person’s ability to influence others’ behaviour because of recognized knowledge, skills, or abilities.
    This requires the leader to have a tolerable level of humility.

    This is defined as a personal quality reflecting the willingness to understand the self (identities, strengths, and limitations). That combined with a purpose in the self’s relationship with others.


    Once again, the emphasis on Emotional Intelligence coupled with traditional leadership competencies is needed to steer multifaceted companies.

    Even more so when dealing with diverse cultures and work ethics across borders and continents.

    Direct consequences

    Being the largest employer in the locality directly implied that Murray and Roberts had to be consistent with the idiomatic Zulu expression of “Umuntu ngumuntu ngabantu”. This means: I am because you are, you are because we are.
    Good leadership in the Ubuntu philosophy is based on the engagement with communities and defines a well-led organization.


    Not paying attention to ethical issues surrounding a community or the environment can have an adverse effect on your values. This would also affect your staff and the image of the company you steer.


    A bitter consequence of the failure of ethics was evident in the $4.2m (64.1 million ZAR) fine to the said company. This was for its involvement in sector collusion related to construction projects for the 2010 World Cup.

    Concluding remarks

    Finally, a practical leader will also consider any upcoming projects with the lens of understanding the environment that surrounds them to incorporate the concept of sustainability.


    These traits might sound like they need to be learned but most should be already ingrained or come naturally to you or your leaders.

    If not this is not the case, you need to quickly install the right personnel with such to help steer your business enterprise or economy for that matter, to success.

    *This blog post contains excerpts and is derived from a master’s research paper. It was conducted by Bonnie Moyo for the Rhodes University Business School.


  • Financing your Small Business

    Financing your Small Business

    When considering small business financing, it is important to understand all your available options. If not, investors can easily take advantage of you and offer unfair terms.

    So before raising any money, find out if using equity, debt, or convertible debt financing makes the most sense for you to grow your business.

    Equity


    Raising capital through equity is popular, if not the most popular choice, for entrepreneurs to pursue. Investors buy stock (or shares) in your company, giving them a financial stake in the future success of your business.

    How It Works:

    • You set a specific Dollar/Euro amount for what your company is worth.
    • Based on that valuation, investors agree to give you money in exchange for a certain percentage of your company.
    • Investors receive compensation based on the percent of stock/share they own once you sell the company or go public.

    Pros:

    • All your cash can go toward your business rather than loan repayments.
    • Investors take on some risk and don’t have to be paid back until you’re doing well.
    • Investors often have valuable business experience.
    • Since investors have a financial stake in the success of your business, they are motivated to offer sound guidance and valuable business connections.

    Cons:

    • Selling shares of your company will make it very difficult to get them back.
    • You will also most likely lose control of part of your board to your investors.

    Debt


    Debt-based fundraising is the form of small business financing that most small businesses end up choosing, according to Fundable. It is also the easiest to understand. Money is loaned to you with the agreement you’ll repay it over time with an established interest rate.

    Get a quick loan for your business here: N26_banner-320x50-EN

     

     

    How It Works:

    • You borrow money with an agreement to pay it back with interest within a specific time frame.
    • You will also have to offer your lender some form of collateral, which are liquid assets you will give up if you cannot make your loan payments.

    Pros:

    • You will raise capital much quicker than with equity small business financing. This is especially true of smaller cash amounts.
    • You can keep 100 percent ownership of your company, along with 100 percent of its profits.
    • Interest payments are tax-deductible.

    Cons:

    • You must be completely confident you can make your loan payments in cash each month. If you don’t, lenders can make you sell your business in order to get their money back.
    • Interest payments can become one of your largest business expenses.
    • Commercial lenders will demand small business owners to personally guarantee the loan and offer personal assets as collateral. This even if your company is structured as a corporation or limited liability company, according to Forbes.

    Convertible Debt


    A convertible debt small business financing structure is a mix of debt and equity financing. The money raised is considered a loan, but at some future date, the loan can convert to equity if the lenders so choose.

    How It Works:

    • You will negotiate an interest rate to pay back the loan. This will also be the interest rate for those lenders who decide not to convert any debt into stock.
    • The details concerning how lenders can convert the debt into equity are negotiated at the time of the loan. For the most part, that means agreeing to give lenders a discount or warrant on an upcoming round of equity fundraising.
    • You will also set the valuation cap, or maximum company valuation, at which lenders can convert debt into equity. If investors decide not to trade in their loan for shares at this predetermined valuation level, they can no longer do so at a future date.

    Pros:

    • Transaction costs are low and the process moves quickly.
    • If you don’t want to set a company valuation, which involves a lot of uncertainty and risks for new startups, a convertible debt structure for small business financing makes a lot of sense, according to Covestor CEO Asheesh Advani.
    • Using convertible debt protects investors from dilution in future financing rounds.

    Cons:

    • Investors are uneasy about giving money without knowing the exact share of a company they will own. You might have to offer steep discounts on equity in order to get them to agree to the terms.
    • You may be forced to set a valuation before you are ready in order to avoid unaffordable loan repayment expenses.

    In the end, it’s best you make your final choice, based on which of the mentioned options works best for you, not just now, but in the immediate future.

    Read more: about other investment methods.

    This article was originally Written by Alex Liu and published on UpCounsel

    UpCounsel is an interactive online service that makes it faster and easier for businesses to find and hire legal help solely based on their preferences.
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