Two-Tier Privacy Service Terms
These Two-Tier Privacy Service Terms (“Privacy Terms”) apply whenever Trustname enables or provides a privacy, proxy, masking or multi-layer privacy configuration for an eligible Domain Name.
These Privacy Terms supplement and form part of the:
Trustname Universal Terms of Service;
Trustname Domain Registration Agreement;
applicable Privacy/Proxy Service & Domain License Agreement;
Trustname Privacy Policy;
Trustname Privacy & Proxy Service Public Procedures; and
applicable Registry and ICANN policies.
Capitalized terms not separately defined in these Privacy Terms have the meanings assigned to them in the Domain Registration Agreement.
Where a mandatory ICANN policy, Registry requirement or applicable law conflicts with these Privacy Terms, the mandatory requirement controls.
1. Privacy Providers and Variable Roles
1.1 Approved Privacy Providers
Trustname's privacy and proxy services may use:
Perfect Privacy LLC (“Perfect Privacy”)
and/or
WHOIS Privacy Protection Service LLC (“WHOISPPS”).
Depending on the configuration applicable to a particular Domain Name, either entity may perform one or more privacy or proxy functions as described in these Privacy Terms.
1.2 Applicable Privacy Registrant
For a particular Domain Name, either:
Perfect Privacy; or
WHOISPPS
may act as the Applicable Privacy Registrant, meaning the Privacy Registrant identified in Trustname's applicable domain-level registration record as the Registered Name Holder.
The identity of the Applicable Privacy Registrant is determined by the applicable registration record and may differ among Domain Names.
1.3 Privacy Service Provider
Perfect Privacy, WHOISPPS or another approved provider may alternatively or additionally act solely as a Privacy Service Provider by supplying alternative contact information, masking, forwarding or communication-relay functionality without itself becoming the Registered Name Holder.
1.4 Roles Are Domain-Specific
A provider's role is determined separately for each Domain Name and configuration.
Accordingly, the fact that Perfect Privacy or WHOISPPS acts as Registered Name Holder for one Domain Name does not require it to act as Registered Name Holder for another Domain Name.
Likewise, an entity may act as:
Registered Name Holder and Proxy Service Provider;
Privacy Service Provider only; or
another permitted privacy-related role,
depending on the applicable domain-level configuration.
1.5 Registration Record Controls
The appearance of an entity's name, address, telephone number, email address or relay information in RDAP, RDDS, WHOIS, Registry data or another registration-data output does not, by itself, determine whether that entity is the Registered Name Holder.
The Applicable Privacy Registrant is the entity identified as the Registered Name Holder in Trustname's applicable registration record.
2. Supported Two-Tier Privacy Configurations
2.1
Trustname's privacy architecture may include different combinations of Proxy Service and Privacy Service functionality.
For example:
Configuration A
Perfect Privacy acts as Registered Name Holder and Proxy Service Provider, while WHOISPPS provides an additional Privacy Service or communication-relay layer.
Configuration B
WHOISPPS acts as Registered Name Holder and Proxy Service Provider, while Perfect Privacy or another approved provider provides an additional Privacy Service or related function.
Configuration C
Only one approved Privacy Registrant acts as Registered Name Holder and no separate second privacy layer is applied.
Configuration D
An approved Privacy Registrant remains Registered Name Holder while some of its registration data, including its registrant email address or other contact information, changes.
2.2
Trustname may select, modify or replace the applicable privacy configuration where reasonably necessary for:
customer privacy;
technical operation;
Registry compatibility;
registration-data accuracy;
security;
service continuity;
provider availability;
ICANN compliance;
applicable law; or
implementation of an authenticated and permitted customer request.
2.3
A change of configuration does not necessarily constitute a Change of Registrant.
Where the change affects only an additional Privacy Service or relay layer and does not materially change Registered Name Holder data, no Change of Registrant occurs solely as a result of that privacy-layer modification.
Where the modification constitutes a Material Change to Registered Name Holder data, it shall be processed in accordance with Section 5.
3. Registered Name Holder and P/P Customer
3.1
Where a Proxy Service is active, the Applicable Privacy Registrant is the Registered Name Holder and registrant of record.
The Trustname customer or end user benefiting from the Proxy Service is the P/P Customer and licensee.
3.2
While the Proxy Service remains active, the P/P Customer is not the Registered Name Holder unless and until a registration-data change making that person or entity the Registered Name Holder has been completed.
3.3
Subject to the applicable agreements, the P/P Customer may nevertheless have contractual rights to:
use the Domain Name;
manage DNS and technical settings;
renew the Domain Name;
manage associated Trustname services;
request an account change;
request an inter-registrar transfer;
request modification or removal of privacy/proxy services;
request an eligible change in the Applicable Privacy Registrant; and
otherwise control or manage the Domain Name through the Trustname Account.
These contractual rights do not, by themselves, make the P/P Customer the Registered Name Holder.
3.4
An authenticated P/P Customer request may constitute authority for Trustname to initiate an eligible privacy, proxy, registration or Change of Registrant workflow.
Such customer instruction does not, by itself, constitute the explicit Change of Registrant confirmation of a separate Prior Registrant or New Registrant where confirmation from that Registrant or its Designated Agent is required by the ICANN Transfer Policy.
4. Additional Privacy Layer and Customer Data
4.1
Where a provider acts solely as an additional Privacy Service Provider and not as Registered Name Holder, Trustname may use alternative reliable address, telephone, email or communication-relay information supplied by that provider to the extent permitted by applicable ICANN policy, Registry requirements and law.
4.2
Trustname does not provide the P/P Customer's underlying personal Registration Data to an additional Privacy Service Provider merely because that provider supplies a standard masking or communication-relay layer.
4.3
Trustname may process or disclose information to a Privacy Service Provider where reasonably necessary to:
provide the applicable service;
administer communications;
investigate a security or operational issue;
satisfy a Registry or ICANN requirement;
comply with applicable law or binding legal process; or
otherwise perform an obligation permitted under the applicable agreements.
Only information reasonably necessary for the applicable purpose should be processed.
4.4
Trustname separately collects, maintains, verifies and, where applicable, escrows underlying Registration Data as required by applicable ICANN policies, Registry requirements, law and Trustname's Domain Registration Agreement.
Registrar Data Escrow is non-public and does not itself constitute public disclosure of the P/P Customer's information.
5. Change of Privacy Registrant and Change of Registrant
5.1 Material Changes
Trustname shall evaluate changes to Registered Name Holder data under the applicable ICANN Change of Registrant requirements.
A Change of Registrant may occur when there is a Material Change to the Registered Name Holder's:
name;
organization;
email address; or
other information where the change is required to be treated as a Change of Registrant under applicable policy.
5.2 Supported Privacy Registrant Changes
Without limitation, the following changes may constitute a Change of Registrant and shall be processed as such where required by applicable ICANN policy:
Perfect Privacy LLC → WHOIS Privacy Protection Service LLC
WHOIS Privacy Protection Service LLC → Perfect Privacy LLC
Perfect Privacy LLC / registrant email A → Perfect Privacy LLC / registrant email B
WHOIS Privacy Protection Service LLC / registrant email A → WHOIS Privacy Protection Service LLC / registrant email B
The same principle applies to another Material Change involving an Applicable Privacy Registrant.
5.3 Prior and New Registrant
For each Change of Registrant:
Prior Registrant means the Registered Name Holder immediately before the proposed Change of Registrant.
New Registrant means the person or entity that will be the Registered Name Holder following the proposed Change of Registrant.
Where the same legal entity remains Registered Name Holder but undergoes a Material Change, that entity shall be treated, where required by applicable ICANN policy:
in its pre-change capacity as the Prior Registrant; and
in its post-change capacity as the New Registrant.
5.4 Designated Agent
Perfect Privacy and WHOISPPS may separately and expressly appoint Trustname as their Designated Agent for purposes permitted under the ICANN Transfer Policy.
The authority of Trustname to act as Designated Agent for Perfect Privacy or WHOISPPS is governed by the applicable agreement or Designated Agent appointment between Trustname and that Privacy Registrant.
Acceptance of these Privacy Terms solely by a P/P Customer does not itself appoint Trustname as Designated Agent on behalf of Perfect Privacy or WHOISPPS.
5.5 Explicit COR Confirmation
Where applicable ICANN policy requires Change of Registrant confirmation, Trustname shall use a secure mechanism to establish and preserve:
(a) explicit confirmation from the New Registrant or its Designated Agent; and
(b) separate explicit confirmation from the Prior Registrant or its Designated Agent.
Where Trustname has been expressly appointed as Designated Agent by the applicable Privacy Registrant, Trustname may provide the applicable confirmation in that Designated Agent capacity in accordance with its applicable authorization.
5.6 Same-Entity Changes
Where the Prior Registrant and New Registrant are the same Privacy Registrant, Trustname shall nevertheless treat the required confirmations as separate capacities.
For example:
WHOISPPS / email A → WHOISPPS / email B
may require:
Prior Registrant confirmation — WHOISPPS in its pre-change capacity
and separately:
New Registrant confirmation — WHOISPPS in its post-change capacity.
The same procedure applies to Perfect Privacy.
5.7 New Registrant Registration Agreement
Before completing an applicable Change of Registrant, Trustname shall ensure that the New Registrant is informed of its obligation to enter into the applicable domain-registration agreement.
Where Perfect Privacy or WHOISPPS becomes the New Registrant, its agreement to be bound as Registered Name Holder may additionally be governed by its applicable agreement with Trustname.
5.8 COR Processing
Trustname shall not complete a Change of Registrant unless:
the Domain Name is eligible for the change;
required Prior Registrant authorization has been obtained;
required New Registrant authorization has been obtained;
applicable transfer-lock information has been provided;
applicable registration-agreement requirements have been satisfied; and
no mandatory restriction prevents the change.
After obtaining the required confirmations, Trustname shall process the Change of Registrant within the time required by applicable ICANN policy.
5.9 COR Evidence
Trustname may create and retain a domain-specific COR Event containing evidence including:
Domain Name;
Prior Registrant;
pre-change registration data;
New Registrant;
post-change registration data;
requested Material Change;
source of the request;
Designated Agent authority relied upon;
Prior Registrant or Prior DA confirmation;
New Registrant or New DA confirmation;
timestamps;
applicable registration agreement;
applicable transfer-lock election;
completion time; and
required notification records.
Authentication logs, customer instructions and similar records may be retained as supporting evidence but do not replace a required Prior or New Registrant confirmation merely because the P/P Customer successfully authenticated to its account.
6. Advance Opt-Out from the Post-COR Transfer Lock
6.1
Where permitted by the ICANN Transfer Policy, Trustname permits a Registered Name Holder to opt out before a Change of Registrant request from the sixty (60) day inter-registrar transfer lock that would otherwise apply following the Change of Registrant.
6.2 Privacy Registrants
Perfect Privacy and WHOISPPS may each make a standing, affirmative and express advance election to opt out of the sixty (60) day post-COR inter-registrar transfer lock for eligible future Changes of Registrant.
Any such election is governed by the agreement or standing instruction between the applicable Privacy Registrant and Trustname.
6.3
A standing opt-out election may remain effective for future eligible Changes of Registrant until prospectively withdrawn by the Registered Name Holder.
Trustname may rely upon the standing election only where it was effective before initiation of the applicable Change of Registrant request.
6.4
Acceptance of these Privacy Terms solely by a P/P Customer does not, by itself, constitute the transfer-lock opt-out election of Perfect Privacy or WHOISPPS.
6.5
Trustname may maintain evidence of the applicable Privacy Registrant's advance election and associate that evidence with the applicable COR Event.
6.6
This Section concerns only the sixty-day transfer lock resulting from a Change of Registrant.
It does not override another mandatory transfer restriction, including restrictions resulting from:
initial registration;
a previous inter-registrar transfer;
fraud or a reasonable identity dispute;
UDRP;
URS;
TDRP;
a court order;
applicable Registry requirements; or
another mandatory ICANN or legal requirement.
7. Change of Registrant Notifications
7.1
Trustname shall provide the Change of Registrant notifications required under applicable ICANN policy to both the Prior Registrant and New Registrant.
7.2
Required notifications shall be provided before or within the period required following completion of the Change of Registrant and shall include, as applicable:
an explanation of the Change of Registrant request;
identification of the affected Domain Name or Domain Names;
contact information for questions; and
notice of the applicable sixty-day inter-registrar transfer lock or notice that the Prior Registrant previously opted out of the lock.
7.3
Where the same Privacy Registrant is both Prior Registrant and New Registrant, the required notifications shall nevertheless be generated in both capacities.
7.4
Where the registrant email address itself is changed, Trustname may send:
the Prior Registrant notification to the applicable pre-change contact endpoint; and
the New Registrant notification to the applicable post-change contact endpoint,
where technically available and consistent with applicable policy.
8. Public Registration Data
8.1
Public registration-data output may contain information relating to the Applicable Privacy Registrant and/or an additional Privacy Service Provider, depending on:
the applicable privacy configuration;
ICANN Registration Data Policy;
Registry capabilities;
Registry requirements;
applicable law; and
technical implementation.
8.2
The fact that information associated with a particular Privacy Service Provider appears in RDAP/RDDS does not, by itself, establish Registered Name Holder status.
8.3
Where WHOISPPS acts as Applicable Privacy Registrant, WHOISPPS may be identified as the Registered Name Holder in the applicable registration record.
Where WHOISPPS acts solely as an additional Privacy Service Provider, its contact information may be used without WHOISPPS becoming Registered Name Holder.
The same principles apply to Perfect Privacy where technically and contractually applicable.
8.4
Trustname may modify the privacy contact format, relay mechanism or displayed registration-data structure where reasonably necessary to comply with applicable ICANN policy, Registry capabilities, Registry requirements or applicable law.
9. Communications and Relay
9.1
A Privacy Service Provider may receive communications through the address, email, telephone or relay mechanisms it supplies and may relay or make appropriate communications available to Trustname.
9.2
Trustname may relay appropriate communications to:
the P/P Customer;
the Applicable Privacy Registrant;
another applicable service provider; or
another appropriate recipient,
in accordance with the Domain Registration Agreement, Privacy Policy and Privacy & Proxy Service Public Procedures.
9.3
Trustname or the applicable Privacy Service Provider may decline to relay or may discard:
unsolicited commercial communications;
bulk or automated messages;
malware;
malicious attachments;
abusive or threatening material;
technically invalid messages;
communications unrelated to the protected Domain Name; or
other communications that do not reasonably require forwarding.
9.4
The existence of a communication-relay address does not create an obligation to disclose the P/P Customer's underlying identity or personal Registration Data merely because a third party requests that information.
Disclosure is governed separately by Trustname's applicable agreements, Privacy Policy, disclosure procedures, binding legal requirements and applicable ICANN or Registry policies.
10. Modification, Removal and Provider Substitution
10.1
Trustname may modify or remove one or more privacy or proxy layers where:
the P/P Customer validly requests the change;
the applicable provider ceases providing the service;
a Domain Name or TLD becomes ineligible;
a Registry requires a different configuration;
ICANN policy requires a different configuration;
applicable law or binding legal process requires the change;
an applicable agreement is terminated or materially breached;
security or system integrity reasonably requires the change; or
Trustname reasonably determines that another technically or legally compliant implementation is required.
10.2
Removal or replacement of an additional Privacy Service layer only does not automatically change the Registered Name Holder.
10.3
Replacement of the Applicable Privacy Registrant with another person or entity shall be processed as a Change of Registrant where the replacement constitutes a Material Change under applicable ICANN policy.
10.4
Accordingly, Trustname shall distinguish between:
Privacy-layer substitution, which does not change RNH data and ordinarily does not constitute a COR;
and
Privacy Registrant substitution, which changes the Applicable Privacy Registrant and is processed as a COR where required.
10.5
Removal of a Proxy Service and substitution of the P/P Customer or another person as Registered Name Holder may be subject to:
identity verification;
authority verification;
COR requirements;
transfer restrictions;
Registry requirements;
disputes;
legal holds;
court orders;
security restrictions; and
other applicable policies.
The P/P Customer becomes Registered Name Holder only after Trustname confirms completion of the applicable registration-data change.
11. Third-Party Provider Relationship
11.1
Perfect Privacy and WHOISPPS provide privacy and/or proxy functions to Trustname pursuant to applicable provider-level arrangements.
11.2
The obligations of Perfect Privacy or WHOISPPS when acting as Registered Name Holder, including applicable:
registration-agreement obligations;
Designated Agent appointments;
Change of Registrant authority;
Change of Registrant confirmations; and
standing transfer-lock elections,
may be governed by separate agreements between Trustname and the applicable Privacy Registrant.
11.3
Unless expressly stated otherwise in writing, the P/P Customer is not a party to an internal provider-level agreement between Trustname and a Privacy Registrant and does not receive third-party beneficiary rights under that agreement.
11.4
Conversely, acceptance of customer-facing Trustname agreements by a P/P Customer does not, standing alone:
bind a separate Privacy Registrant as Registered Name Holder;
appoint Trustname as that Privacy Registrant's Designated Agent;
constitute that Privacy Registrant's COR confirmation; or
constitute that Privacy Registrant's advance transfer-lock election.
Those matters are governed by the applicable agreements and records of the Registered Name Holder itself.
12. Pricing and Eligibility
12.1
Two-Tier Privacy is currently included at no additional charge with eligible Domain Name registrations unless Trustname's checkout, pricing page or applicable order expressly states otherwise.
12.2
Privacy and Proxy Services are available only for Domain Names and TLDs for which the applicable configuration is:
technically supported;
permitted by the Registry;
permitted by applicable ICANN policy; and
permitted by applicable law.
12.3
Trustname does not guarantee that every privacy configuration or provider combination will be available for every TLD.
13. Provider Information
Provider business contact information, communication channels, support details and applicable abuse, infringement or disclosure-request procedures are published in the Trustname Privacy & Proxy Service Public Procedures.
The identity and contact information of a provider may be updated without changing the substantive operation of these Privacy Terms where the provider remains the same legal entity.
14. Relationship with Other Agreements
These Privacy Terms supplement the Domain Registration Agreement and applicable Privacy/Proxy Service & Domain License Agreement.
For purposes of determining Registered Name Holder status, the applicable domain-level registration record and applicable registrar-to-registrant agreements control over a simplified marketing or Help Center description.
For purposes of determining whether a modification constitutes a Change of Registrant and what process applies, the then-current mandatory ICANN Transfer Policy controls.
Where an Applicable Privacy Registrant has entered into a separate Privacy Registrant & Designated Agent Framework Agreement with Trustname, that agreement governs the authority and obligations between Trustname and that Privacy Registrant.
Nothing in these Privacy Terms authorizes Trustname or another party to bypass a mandatory ICANN, Registry, legal or court-ordered requirement.
15. Amendments
Trustname may amend these Privacy Terms prospectively to:
reflect changes to the privacy or proxy service;
support new providers or technical configurations;
comply with changes in ICANN policy;
comply with Registry requirements;
comply with applicable law; or
clarify the operation of the service.
Material changes will become effective in accordance with the notice provisions of the Trustname Universal Terms of Service and applicable law.
No amendment shall be interpreted as creating a historical transaction record, authorization, confirmation or election that did not in fact exist at the relevant time.
16. Governing Terms
These Privacy Terms are governed by the Trustname Universal Terms of Service and Domain Registration Agreement.
Mandatory applicable law, ICANN requirements and Registry requirements prevail to the extent they cannot contractually be modified.
If any provision of these Privacy Terms is invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law.