The Fine Print
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
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
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
• 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
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™.
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.
Here for Terms of Service
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
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
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
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™
In order to continue participation in the Privacy-First™
Program, you must agree to comply with any future Privacy-First™
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
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
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.
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.
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.
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
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.
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
in violation of this policy must remove all references of
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
registration fees and annual fees
Please read Terms
Of Service Below
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
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
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.
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.
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.
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.
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.
registration fees and annual fees are non-refundable.
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
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.
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.
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
you use the online form to contact Privacy-First.com, for
example, we will ask for certain information to process your
application or complaint.
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.
does not track, collect or distribute information about visitors
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
we will do our best to investigate any complaint you may have
and respond promptly to your concerns.
contact us at:
MostCool Media, Inc. dba Privacy-First.com
2695 Woodbine Hill Way
Norcross, GA 30071