TMS MARKETING SOLUTIONS LLC PRIVACY POLICY  

TMS Marketing Solutions LLC, a Wyoming limited liability company (“TMS” or “we” or “us” or “our” or “our Company”) is committed to the protection of your privacy. We have established this privacy statement (the Statement) as a means of disclosing to you how we collect, utilize, distribute and protect your personal information. This privacy statement applies exclusively to http://app4tms.com and https://app.4tms.com, as well as mobile application versions downloadable in the Apple App Store and Google Play (collectively, the “App”). For the purposes of this Privacy Statement, “customer” shall mean any past, current or prospective customer of TMS, including any visitor to the App. This Privacy Statement governs the manner in which TMS collects, uses, maintains and discloses information collected from customers in connection with TMS managed hosting services and other internet services (the “Services”).  

Updating/Accessing/Amending/Correcting Personally Identifiable Information

In accordance with the Health Insurance Portability and Accountability Act (“HIPAA”), if your personally identifiable information, which may include protected health information (“PHI”), changes, you have the right to request to amend or correct this information. To initiate this process, you may contact us via telephone or postal mail at the contact information provided. We are committed to responding to your request within 30 days.

For any inquiries or concerns related to your PHI, the Services provided on our Site, or this Privacy Statement, please reach out to us at info@4tms.com.

The Personal Information We Collect

In the course of providing lead generation services for TMS service providers, Company may collect personally identifiable information, which could include protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”). Collection methods may involve online and offline subscription and order forms, paper or telephone submissions, and other instances where individuals are invited to volunteer such information. In addition to contact information, which may be collected during correspondence relating to customer support or services offered on our Site, TMS may collect information including, but not limited to, contact name, business name and type, address, phone number, email address, and billing information (credit card number and expiration date).

TMS will use PHI only as necessary to process orders or provide services, and for purposes such as customer support, required notifications, product and policy updates, and marketing related to TMS services. All use of PHI will be in compliance with HIPAA’s minimum necessary standard and will be protected in accordance with HIPAA's Security Rule to ensure confidentiality, integrity, and security of the information.

TMS will not use PHI for any purposes other than those described in this Privacy Statement, unless required by law or with the individual's explicit consent. All disclosures of PHI will be limited to the minimum amount necessary for the intended purpose.  

Financial Information

In the course of applying for our services or signing up for any product or service through TMS, customers may be asked to provide financial information, such as a credit card number and billing address. This information is necessary to process applications and fulfill orders. Any financial information collected will not be sold, shared, or rented outside the stipulations of this policy, except as required to process your orders or as mandated by law. We adhere to the HIPAA Privacy and Security Rules in handling financial data linked to health services, ensuring that such information is protected against unauthorized access and disclosure.  

Internet Protocol (IP) Addresses

TMS uses your unique network address and Session ID to help diagnose potential problems with equipment, to help tailor content to match your preferred interests and to otherwise administer the App.  

Data Integrity and Security

TMS is committed to maintaining the accuracy and integrity of customer information, particularly any PHI as defined under HIPAA. Our security procedures encompass administrative, physical, and technical safeguards to protect customer information from unauthorized access, alteration, disclosure, or destruction. These measures include employee training programs on data privacy and security, robust access controls, and the use of encryption technologies to secure electronic PHI (ePHI). We engage in measures to detect potential vulnerabilities and respond promptly to any security incidents. Our commitment includes promptly notifying affected individuals and regulatory authorities, as required by HIPAA’s Breach Notification Rule, in the event of a breach involving unsecured PHI.  

Data Access

General Policy: Customers, including both patients and TMS service providers, may request access to their personal identifiable information that our Company collects and maintains. These requests can be made by contacting us via mail or telephone using the contact information provided below. Our Company is committed to handling all such requests with the highest standards of data privacy and security, in compliance with relevant laws and regulations.

For Patients: In accordance with HIPAA, patients have specific rights concerning their PHI. Patients may access or request amendments to their PHI as stipulated under HIPAA. We adhere to HIPAA’s Privacy Rule in processing these requests and ensure the confidentiality and security of patient information. Prior to granting access or making changes or corrections to PHI, the Company will take reasonable steps to verify the patient’s identity, as required by HIPAA.

For TMS Service Providers: TMS service providers, as our customers, have the right to access and request corrections to their personal identifiable information held by us. While the HIPAA Privacy Rule does not directly apply to the personal identifiable information of TMS service providers, unless it involves PHI, we are dedicated to maintaining the confidentiality and accuracy of their information. Verification of identity is required for TMS service providers before processing their requests, to ensure the integrity and security of the information.

Access to Data Post-Cancellation: Subject to our Terms and Conditions, upon cancellation of services or the termination of a subscription agreement with us, TMS service providers will lose access to our system and any data stored within. The data remains securely stored in our system, but access will not be reinstated until any outstanding payments related to the usage of our app, which facilitates the intermediary connection between patients and providers, are settled.

Data Retention and Export Policy: To the extent legally required, TMS retains all data within its system post-cancellation and is not obligated to export or send this data to TMS service providers. Our policies are structured to maintain the integrity and security of the data within our system. Any requests for access or data transfer will be evaluated and processed in accordance with our service agreement terms.  

How Information is Used

For Patients: In adherence to HIPAA, the use of PHI collected from patients is confined to purposes allowed under these regulations. We do not utilize PHI for marketing purposes without explicit patient authorization, unless allowed under HIPAA. Sharing of PHI with affiliates, business partners, and contractors will be HIPAA-compliant, ensuring appropriate safeguards and BAAs (Business Association Agreements) are in place.

For TMS Service Providers: Non-PHI information from TMS service providers may be used for contact regarding our Company's and our trusted affiliates' products and services. It is also used for research on the App's effectiveness in marketing, advertising, and sales. Disclosure of provider information adheres to our agreements' terms and applicable laws.

General Provisions: Information, whether PHI for patients or provider data, is only made public as required by law or legal processes like subpoenas or court orders. Our commitment to privacy and security covers all data collected and maintained, aligning with relevant laws and regulations.  

Electronic Mail

Electronic Communications: Company uses electronic communications to inform customers, including both patients and TMS service providers, about new products, important industry news, or general services and upgrades provided by Company. These communications are intended to enhance the service experience by keeping customers informed and engaged.

Opt-Out Option: Customers who prefer not to receive marketing or informational emails from us can opt out at any time. This can be done by clicking the Unsubscribe link located at the bottom of all marketing and informational emails from our Company. Opting out will remove customers from the marketing communications list, but it is important to note that essential communications regarding account administration, service interruptions, or system maintenance will continue. These communications are necessary to maintain the ongoing service relationship and inform customers of important updates.

Commitment to Privacy: We are committed to protecting the privacy and security of all customer information. With the exception of clients subscribed or otherwise registered through the Company’s Basic Tier, the Company does not send or manage PHI through electronic mail. We send all lead information (including without limitation, name and contact information) via email to clients subscribed and/or otherwise registered with our Basic Tier. All electronic communications are managed in a way that respects customer preferences and complies with applicable laws and regulations, ensuring a respectful and secure exchange of information.  

Disclosure

Information Disclosure to Third Parties: Information collected from customers, including both patients and TMS service providers, may be disclosed to independent contractors and business partners. These third parties are obligated to keep the information confidential, use it solely for the service they provide to our Company, and adhere to our privacy and security policies. This includes third-party agents acting as payment processors on our behalf and any other such third-party vendor.

Aggregate Data Disclosure: Company may disclose aggregate, anonymous data derived from customer information to actual or prospective investors and partners. This data is stripped of any personally identifiable information and used for analytical and business development purposes.

Business Transitions: In the event of a sale or transfer of Company's business, customer information may be transferred as part of the transaction. However, this information will continue to be protected and used in accordance with the terms set forth in this Privacy Statement.

Notification of Changes: Should there be any significant changes to how we handle your information, we will notify customers through a prominent notice on the App, or by email, as appropriate.

Public Forums Caution: Customers who use public forums such as bulletin boards, blogs, or chat rooms on our App should be aware that any personally identifiable information they submit can be read, collected, or used by other users. These submissions could lead to unsolicited messages from other users. The Company is not responsible for the personally identifiable information that customers choose to submit in these forums. We urge customers to exercise caution and discretion when sharing information in public areas of the App.  

Workflow Data Collection

Data Collection for Workflow Optimization: TMS collects data related to the use of its workflow engine by customers, including both TMS service providers and, indirectly, patients. This data collection focuses on enhancing and optimizing the workflow process and may include metrics such as workflow steps, time per task, cost per task, and decision trees. It's important to note that when this data involves patients, it is handled in a manner that ensures compliance with HIPAA.

Use of Collected Data: The data collected is used to refine and improve our workflow templates and tools, which are then made available to other customers. This process of continuous improvement is aimed at providing the best possible value and efficiency in our services.

Protection of Data: In cases where collected workflow data includes or could be linked to PHI, we adhere strictly to HIPAA regulations regarding the protection and confidentiality of this information. We implement robust security measures to safeguard this data against unauthorized access, use, or disclosure.

Aggregate and De-identified Data: When possible, TMS utilizes aggregate or de-identified data to inform adjustments to workflow templates. This approach further ensures that individual privacy is respected and that the data cannot be linked back to any specific patient or PHI.

Commitment to Privacy and Security: TMS is committed to the highest standards of data privacy and security, especially when handling information that may contain or relate to PHI. All data collection and use practices are designed to comply with applicable laws and regulations, including HIPAA, ensuring that our customers' and their patients' information is protected and handled responsibly.  

Our Commitment to Children’s Privacy

Protection of Minors' Privacy: While the primary services provided by our Company, including those related to TMS service providers, are generally intended for adults, especially those 18 or older, we uphold a strong commitment to protecting the privacy of minors. This commitment aligns with our broader values of data privacy and security.

No Collection of Minors’ Data: In adherence to this principle, our Site does not knowingly collect or maintain information from individuals under the age of 13. We have designed our Site and its services to not attract children under 13. In the event we discover that we have inadvertently collected information from a minor under the age of 13, we will take appropriate steps to promptly remove such data from our records.

Compliance with Privacy Laws: This policy is in compliance with relevant privacy laws, including the Children's Online Privacy Protection Act (COPPA), which sets forth guidelines on the collection of information from minors. We recognize the importance of safeguarding the privacy and safety of children online and are committed to complying with all applicable laws and regulations in this regard.

Continued Privacy Commitments: TMS remains dedicated to protecting the privacy and security of all our customers, including the very young. We ensure that our privacy practices reflect our commitment to ethical and responsible data handling, respecting the privacy rights of individuals of all ages.  

Third-Party Apps and Websites

Our App may provide links to third-party apps and/or websites for your convenience and information. It is important to understand that these external sites are not operated by us and may have their own privacy policies and data handling practices that differ significantly from ours. Given our commitment to protecting your health information, we advise you to exercise caution and review the privacy policies of any third-party sites before sharing your PHI.

Please be aware that when you use a link to go from our App to an external App or website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other App or website, including Apps or websites that have a link on our App, are subject to that App or website's own rules and policies. As such, we do not endorse, nor are we responsible for, the privacy practices or the content of these Apps or websites. We do not have control over, nor are we liable for, the information practices of these third-party websites.

We encourage our users to be aware when they leave our App and to read the privacy statements of any other App or website that collects personally identifiable information. This is especially important when considering sharing sensitive health information, as protecting your PHI is a priority for us. If you choose to share your PHI with third-party Apps or websites, we recommend ensuring a secure and HIPAA-compliant transfer of information.

For services that involve the transfer of PHI to or from TMS service providers or other healthcare entities, we ensure the protection of your health information through Business Associate Agreements (BAAs) with our partners. These agreements require all parties to maintain the confidentiality and security of PHI in accordance with HIPAA regulations.

By using our App and choosing to interact with third-party Apps or websites, you acknowledge and agree that we are not responsible for the availability of such external Apps, sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services, information, or other materials available from such sites or resources.  

Conditions of Use and Privacy Concerns

By engaging with TMS, you acknowledge and consent that your interaction, as well as any issues related to the privacy of your information during such interactions, are governed by this Privacy Policy. This includes, without limitation, all aspects related to limitations on damages and the jurisdiction of the laws of the state of Texas. It is important to recognize that if you have entered into additional agreements with TMS, the privacy provisions specified in those agreements may augment or, in certain cases, override this Privacy Policy.

Should you have any inquiries or concerns regarding your privacy under the terms of this Privacy Policy, we encourage you to reach out to us at info@4tms.com. Our team is committed to addressing your questions and providing the necessary assistance regarding your privacy rights and the protection of your personal information.  

Revisions or Changes

TMS is committed to maintaining the highest standards of privacy and data protection compliance. Accordingly, we reserve the right to amend this Privacy Statement and our other policies at any time, in accordance with applicable laws, regulations, and guidelines, including but not limited to those under HIPAA. We will prominently post a notice of any such changes on our website to ensure transparency and keep you informed.  

We value the trust you place in us by sharing your personal and health information. Therefore, if we make revisions that materially alter the way we collect, use, disclose, or otherwise process your information, we will provide you with prior notice and an opportunity to opt-out of such new or different uses. This commitment is part of our dedication to protect your privacy and to comply with all relevant regulatory requirements, ensuring that your information is always handled in a secure and respectful manner.  

Cookies

When you engage with our App, our goal is to streamline your experience and make it as intuitive as possible. As part of this process, when you use our App, we may send a cookie or similar technology to your device. Unlike traditional web cookies, these digital tokens are designed to work within mobile applications. They help us understand your interaction with the App, enabling us to tailor and enhance your user experience.

These tokens collect data on how you navigate through the App, including your most frequently accessed features and any patterns in your usage. We also gather certain technical information, such as the type of device you are using, your operating system, and the version of the App you have installed. This information aids us in optimizing our App’s performance and ensuring it meets your needs effectively. You will have options to manage or opt-out of certain data collection practices, ensuring your preferences are respected.  

Choices Regarding Cookies and Similar Technologies: Within the settings of your device or mobile application management, you have the option to manage the acceptance of cookies or similar technologies. This includes the ability to accept all digital tokens, reject them entirely, or receive notifications when they are deployed. The process to adjust these settings varies by device and application, so we recommend consulting the specific "Help" or "Settings" menu of your device or application for detailed instructions.

Our Practices Regarding Cookies and Similar Technologies: Our App utilizes digital tokens, akin to cookies, for several key functions. These include accessing your account information when you log in to provide tailored content, remembering your preferences throughout the App, estimating and reporting on user engagement and traffic, and conducting research to continually enhance the App’s content and functionality.

Third-Party Digital Tokens: Occasionally, we may engage third-party services to analyze aggregated, non-personally identifiable usage statistics of our App. This helps us in managing and improving the quality of our App. Such third parties may employ digital tokens and similar technologies, such as pixels or web beacons, to monitor user interactions with our App. These technologies assist in tracking user behavior anonymously to improve the effectiveness of our services and the overall user experience.    

CONTACT US  

TMS Marketing Solutions LLC

info@4tms.com

#1080 3333 Preston Rd. #300, Frisco, TX 75034 USA

© 2024 TMS Marketing Solutions LLC. All Rights Reserved.