Policy - The Fine Print

Privacy-First™ will investigate consumer complaints by removing your e-mail address and contact information from the e-mail in question (unless you have instructed us to reveal your identity) and then forwarding the complaint directly to the business or e-mail professional.

When your message is received by Privacy-First™ you will receive e-mail notification that includes a request for the offending e-mail message or advertisement to be forwarded to Privacy-First™ and a verification of your information if you have not already done so as directed.

YOUR PERSONAL INFORMATION INCLUDING NAME AND E-MAIL ADDRESS WILL BE PROTECTED BY Privacy-First™ AND WILL NOT BE REVEALED, SOLD OR SHARED WITHOUT YOUR PERMISSION. (See our Privacy Policy.)

The only communication Privacy-First™ will have with consumers will be initiated by the consumer when a complaint is filed. No other e-mail will be sent after completion of the review.

Complainants are responsible, legally and otherwise, for all e-mail messages sent to Privacy-First™.

Consumers can send e-mail messages to Privacy-First™ at our address: [email protected]™.com

Privacy-First™ does notify a business that a complaint was received about that business.

In the event that Privacy-First™ no longer has a valid, active e-mail address for the business about which a complaint has been registered, Privacy-First™ shall be obligated to remove said business from the Certified Site List.

Consumers may also notify the offending business of their complaints, as the complaints were relayed to Privacy-First™.

The identity of the message writer is verified by Privacy-First™ by writer's e-mail address. However, e-mail addresses may be forged by message senders, so this method is not foolproof.

Privacy-First™ will notify message writers of resulting action.

Eligibility Criteria for Filing a Complaint

The consumer's complaint must be about:

• the use of an e-mail address that was collected from the complainant by any organization for the purpose of sending newsletters or e-mail marketing directed at residents of the United States, its territories or possessions whether it displays the Privacy-First™ Certification logo or not, and

• the receipt of e-mail related to the offending marketer or marketing organization for any other purpose than what was agreed upon when the complainant opted in

The complainant must:

• be the person who provided the e-mail address to the organization that collected it and allegedly misused it, or

• be the parent or legal guardian of the person in the case of an e-mail address collected from a child under 18, and

• forward the offending e-mail in the message to Privacy-First™.com

The complaint must allege that the marketer or marketing organization that collected the e-mail address from the complainant has:

• used such information in a manner inconsistent with its published online privacy policies; or

• in the case of a website displaying the Privacy-First™ Certification logo, otherwise engaged in actions or practices with respect to the information collected from the individual online that are at variance with the Privacy-First™.com guidelines applicable to that marketer or marketing organization.

Privacy-First™ does NOT accept or process a complaint against a Privacy-First™ certified marketer when:

• The complainant is only interested in obtaining some form of monetary damages;

• The matter has been resolved under a previous court action, arbitration or other form of dispute settlement and has cleared the marketer of any wrongdoing.
Privacy-First™ is not responsible for helping consumers resolve their complaints. Privacy-First™ may or may not help users resolve complaints sent to the Privacy-First™ site and/or forwarded to the subject businesses.

Privacy-First™ reserves the right to temporarily or permanently remove the rights of a marketing organization to a Privacy-First™ Certification logo when there is a consumer complaint against the marketing organization that is currently being investigated by Privacy-First™.

Privacy-First™ does not report to any other agency nor will Privacy-First™ take any action against an offending company other than to revoke that company's certification.

Click Here for Terms of Service



Policy - The Fine Print

The applicant for a Privacy-First™ Certification logo should be the organization or individual that offers e-mail newsletters or other e-mail services from a website and is responsible for the representations made with regard to the privacy practices of the website or online service whose practices will be governed by the Privacy-First™ Certification logo. It may also be the parent company of such organization.

Your organization must be engaged in activity that is legal, and may not display content of such an obscene, defamatory, or hateful nature that it reflects unfavorably on the Privacy-First™ Certification logo, or engage in any activity that lessens the Privacy-First™ Program's ability to promote trust and confidence on the Internet.
Your e-mail newsletter or service must be currently active at the time of application for certification. Outbound e-mail servers must have valid reverse DNS entries.

You must have adopted and implemented an online privacy notice and posted this notice on your covered e-mail address collection pages and e-mail newsletter or service. This notice will be reviewed at the time of application and Privacy-First™ should be notified in the event of changes to this privacy notice.

Application should be made by the individual responsible for privacy policies, the owner of the site or an agent of the company.

Application, Fee, & Contracts

You must complete the Privacy-First™ E-Mail Service Certification Application.

You must pay the required application and evaluation fees.

You must complete the required portions of your Privacy-First™ Site Profile form.

By accepting this agreement on the form using the check box you are submitting your digital signature.

You must take appropriate steps to comply with all Privacy-First™ Program requirements.

In order to continue participation in the Privacy-First™ Program, you must agree to comply with any future Privacy-First™ Program requirements.

You must agree to participate in the Privacy-First™ Program Dispute Resolution Process and to abide by decisions entered in that program.

You must agree to cooperate with the Privacy-First™ Program verification requirements.

Verification requirements include, but are not limited to, information pertaining to: transfer of information to outside parties, spamming or activities which are not considered to be ethical email practices.

You must agree to inform the Privacy-First™ Program, prior to implementation, of all material changes to your privacy notice that would impact your standing or eligibility in the Privacy-First™ Program.

Your completed Site Profile will be reviewed by the Privacy-First™ staff. The Privacy-First™ review will result in a Certification logo award, a request for more information, or information regarding modifications needed to qualify for a Certification logo.

If modifications are needed, you will have 30 days to respond to the Privacy-First™ review. Failure to respond within 30 days will render your application inactive, and will require you to re-apply and be subject to additional application and evaluation fees.

You must display the Privacy-First™ Certification logo(s) on your e-mail collection page and e-mail newsletter or other service within 14 days of notification of qualification by the Privacy-First™ Certification Program.

E-mail Service Design and Privacy Notice Disclosures

Your privacy notice must be easy to read, easy to find, and appear (at least) through a clearly labeled and direct ("one-click-away") link on your e-mail newsletter or other service and pages of your website where you collect e-mail addresses.

Your privacy notice must list all your required disclosures in a single document. You must provide disclosures on any page collecting email (and in the privacy statement) regarding the nature of e-mail messages to be sent and any sharing of e-mail addresses with third parties. If receiving commercial or promotional e-mail is a condition of receiving a service, this MUST be disclosed.

Your privacy notice must clearly disclose how individuals may contact your organization in the instance there are questions or concerns about your privacy and security policies.

If you collect and maintain an e-mail database, your privacy notice must clearly describe how the e-mail addresses are used.

If you use e-mail addresses to market back to the consumer, you must clearly explain in your privacy notice how individuals may at any time opt-out of your marketing.

The Privacy-First™ Certification logo must be linked to the Privacy-First™ web site to enable site visitors to review the program and file a complaint if necessary.

Unsubscribe

An Unsubscribe must be included in all commercial or promotional email messages, that is clear, conspicuous, and easily understood.
The Unsubscribe should be as close to a ‘one-click’ process as possible and effective within 10 days.

Direct Marketing

If you use e-mail address data to market back to the consumer, you must provide a method by which individuals may at any time opt-out of your marketing.

Sharing Information

If at any time your policies regarding the sharing of information, you are required to notify Privacy-First™ of this change. If the policy change includes the sharing of subscriber information you will be asked to remove yourself from the Privacy-First™ program and to remove all logo instances and links to the Privacy-First™ site from your web site.

Third Party E-mail Addresses

When obtaining e-mail addresses from third parties, you must practice due diligence to ensure that clear and conspicuous notice was provided, and relevant consent obtained.

Other

If you share or sell e-mail addresses with outside parties or corporate affiliates with different privacy notices, your inclusion in the Privacy-First™ certification program will be refused or terminated.

Mailing of third party advertising must be included as part of a regular newsletter mailing and should not be sent as an individual mailing without other content.

Stand alone advertisements sent under the guise of a newsletter is a violation of Privacy-First™ policies and will result in termination of certification.

After you are granted the Privacy Certification logo, your privacy notice must mention your participation in the Privacy-First™ Program and provide a link to the Privacy-First™.com web site. To facilitate improved subscription rates, the Privacy-First™ logo should appear next to any instance of subscription signup or in close proximity on the same page.

Companies in violation of this policy must remove all references of Privacy-First™ from their web site and e-mailed communications immediately when requested to do so. Failure to do so will result in legal action and a fine of up to $100 per day for each day that logo remains on web site. All legal action will be taken in Georgia, USA courts according to Georgia State law.

All registration fees and annual fees
are
non-refundable.

Please read Terms Of Service Below

Terms of Service

Welcome to the Privacy-First™ web site.

This web site provides a database of certified e-mail marketers and marketing organizations, and consumer complaint remediation regarding misuse of e-mail addresses provided to such marketers and organizations. Privacy-First also provides information regarding best e-mail practices for the purpose of educating both the consumer and the e-mail marketing professional. The former two statements comprise what shall be called “the Service.”

The following are the terms and conditions for use of the Privacy-First (owned by MostCool Media, Inc.) Service including without limitation sending e-mail messages to Privacy-First (through our online form or directly). Please read them carefully. This Service is provided to individuals who are at least 18 years old. By e-mailing us or registering for our service, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR THIS SERVICE AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE.

Privacy-First is intended to help consumers make better decisions regarding e-mail newsletter subscriptions, and help businesses serve their e-mail subscribers with better privacy protection. These are our guiding principles.

Privacy-First intends to remain impartial and independent, and to provide a public service to e-mail consumers and to business and e-mail professionals. Privacy-First always considers both sides to complaints – the consumer side and the business side. Privacy-First seeks to promote ethical e-mail practices between businesses and consumers.

Are consumer complaints sent to subject businesses? Yes. However, the consumer’s identity and e-mail address is protected and not forwarded to the business unless the consumer specifically requests it.

Privacy-First is not responsible for helping consumers resolve their complaints. Privacy-First may or may not help users resolve complaints sent to the Privacy-First site and/or forwarded to the subject businesses.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS OR CONTENT PROVIDERS.
Any dealings with Newsletter providers and Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the provider, Advertiser or other third party. Privacy-First shall not be responsible or liable for any part of any such dealings or promotions.

PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Privacy-First, or Privacy-First's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
Privacy-First reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

GENERAL
The laws of the State of Georgia, and the United States of America govern this agreement. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Privacy-First as a result of this agreement or use of the Service. Privacy-First's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Privacy-First’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Privacy-First with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Privacy-First with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Privacy-First with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Privacy-First agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

All registration fees and annual fees are non-refundable.

COPYRIGHT AND TRADEMARK NOTICES: All contents of the Service are: Copyright (c) 2005 MostCool Media, Inc. and/or its suppliers, c/o Privacy-First, 2695 Woodbine Hill Way, Norcross, GA 30071 U.S.A. All rights reserved.

TRADEMARKS. Privacy-First products and services referenced herein are either trademarks or registered trademarks of Privacy-First (and MostCool Media, Inc.). Any rights not expressly granted herein are reserved.


Privacy-First.com Privacy Policy

Privacy-First.com understands how important privacy is to our visitors and customers. We are committed to protecting your privacy and want to make sure that you understand how your information is used. We also want you to be aware that you have choices about how we use this information.

You do not need to give us any information about yourself in order to access Privacy-First.com. You can visit our pages, read our articles, and learn about our services on a completely anonymous basis.

What We Collect:

If you use the online form to contact Privacy-First.com, for example, we will ask for certain information to process your application or complaint.

Information Sharing
We share the personal information of consumers with permission only while attempting to resolve a dispute. If permission is not granted, personal information is not shared.

Privacy-First.com does not track, collect or distribute information about visitors via cookies.

Privacy-First.com includes links to other web sites. It is important that you review any privacy policies on these sites carefully before you use any services or programs offered. Privacy-First.com does not endorse these sites and provides the links for informational purposes only.


If you have any questions or comments about this privacy policy, we will do our best to investigate any complaint you may have and respond promptly to your concerns.

Please contact us at:

Email: [email protected]

Mail:
MostCool Media, Inc. dba Privacy-First.com
2695 Woodbine Hill Way
Norcross, GA 30071

Phone: 678-508-5975


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Privacy-First™ is a Trademark of Mostcool Media, Inc., all other products/services are trademarks of the respective business.
Copyright
2005 by Mostcool Media, Inc.