At TMS Associates (”Company,” “we,” “us,” or “our”), we are fully committed to protecting your personal and professional information and respecting your privacy. Our primary goal in collecting your information is to enhance your customer experience to the highest possible standard. When you work with us, you can trust that your privacy is respected and protected to the fullest extent. This Privacy Policy explains how we collect, use, disclose, and safeguard information from:

• Providers or Healthcare Organizations

• Practitioners and or Healthcare Professionals

By accessing or using our website and services, you agree to this Privacy Policy.

2.1 From Providers or Healthcare Organizations

• Professional Contact Information: Company name, business address, professional email addresses, and telephone numbers.

• Operational and Organizational Details: Information related to services provided, agreements, and communications.

• Collection Methods: Through contracts, online forms, emails, and direct interactions.

2.2 From Practitioners or Healthcare Professionals

• Personal Information: Full name, personal email address, home address, personal phone numbers.

• Professional Information: Licenses, certifications, employment history, and professional contact details.

• Collection Methods: Account registrations, applications, surveys, and service usage.

3.1 Use of Providers’ Information

• Service Facilitation: To establish and manage partnerships and agreements.

• Communication: To send updates, invoices, and professional correspondence.

• Legal Compliance: To comply with legal obligations and regulatory requirements.

3.2 Use of Practitioners’ and or Healthcare Professionals Information

• Service Delivery: To connect practitioners with suitable career opportunities and providers and recommend career management strategies for improved career outcomes.

• Personalization: To tailor our services and recommendations to your professional profile.

• Marketing Communications: To send newsletters, updates, and promotional materials in compliance with the CAN-SPAM Act (with your consent).

We process your information based on the following:

• Consent: When you have given explicit consent for specific purposes.

• Contractual Necessity: To fulfill our service and or contractual obligations to you.

• Legitimate Interests: For purposes such as improving our services and communications, unless overridden by your rights.

• Use of Cookies: We use cookies to enhance your experience, analyze site usage, and market to you.

• Types of Cookies: Session cookies, persistent cookies, and third-party cookies.

• User Choices: You can manage or disable cookies through your browser settings. However, this may affect site functionality.

6.1 Sharing with Healthcare Providers or Organizations

• With Your Consent: When you have provided consent, we may share your personal and professional information with healthcare providers or organizations for recruitment purposes.

• Purpose of Sharing: To facilitate potential employment or contractual opportunities that match your professional qualifications, cultural alignment, and interests.

6.2 Service Providers

• Third-Party Vendors: Like any modern B2B or B2C product or services organization, Not-For-Profit, government entity, etc., we share information with third-party vendors who perform services on our behalf (E.g., CRM platform, marketing platform, VOIP platform, etc.). Said organizations have strict data privacy and data protection in place.

• Data Processing Agreements: We ensure that these vendors are obligated to protect your information and only use it for specified purposes.

6.3 Business Transactions

• Corporate Changes: Information may be transferred during a merger, acquisition, or sale of assets.

• Notification: We will notify you via email and/or a prominent notice on our website of any change in ownership or use of your personal information.

6.4 Legal Obligations

• Compliance: We may disclose information to comply with legal processes, governmental requests, or applicable laws and regulations.

• Protection of Rights: To protect our rights, privacy, safety, or property, and/or that of you or others.

7.1 Summary

• We use Telnyx by way of Zoho and its Zoho Voice platform to provide the Messaging Service to you. For the purposes of the Messaging Service, Telnyx and Zoho act as our service providers and data processors of your information.

• Collection of Information. We collect various information on our behalf, from, and about you, including information you directly provide. For example, we collect the phone number you provided. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages. All information is securely stored and maintained on our Zoho platform.

• Use of Information. We use your information to fulfill our service and or contractual obligations to you.

• We will not share your SMS opt-in or consent with any third party for purposes unrelated to providing the services of your SMS campaign. However, we may share your personal data, including your SMS opt-in or consent status, with trusted partners who assist us in delivering our messaging services. These partners include platform providers, phone companies, and other vendors involved in sending text messages. Please note that any opt-in data and consent provided directly to the text messaging originator will not be shared with third parties.

7.2 Consent to Receive SMS Communications

• Opt-In Requirement: By providing your mobile number and opting in (e.g., texting “YES” or “SUBSCRIBE” or "By checking this box you agree to receive customer care SMS messages from TMS Associates. Message frequency may vary. Standard message and data rates may apply. Reply STOP to opt out. Reply HELP for help. Review our privacy policy: https://www.tms.associates/privacy"), you consent to receive SMS/text messages from us.

• Types of Messages: Messages may include updates, opportunities, and other information relevant to your professional interests.

• We will not share your SMS opt-in or consent with any third party for purposes unrelated to providing the services of your SMS campaign. However, we may share your personal data, including your SMS opt-in or consent status, with trusted partners who assist us in delivering our messaging services. These partners include platform providers, phone companies, and other vendors involved in sending text messages. Please note that any opt-in data and consent provided directly to the text messaging originator will not be shared with third parties.

7.3 Opt-Out Mechanism

• How to Opt-Out: You may opt out of receiving SMS communications at any time by texting “STOP” or “UNSUBSCRIBE” to the number from which you received messages.

• Confirmation: Upon receipt of your opt-out request, we will send a confirmation message and cease sending SMS communications.

7.4 Help and Support

• Assistance: If you need help or more information regarding our SMS communications, you can text “HELP” or “INFO” to the number from which you received messages.

• Contact Information: Alternatively, you may contact us directly at [Insert Contact Email] or [Insert Contact Phone Number].

7.5 Message and Data Rates

• Carrier Charges: Message and data rates may apply depending on your mobile carrier and plan.

• Frequency of Messages: The number of messages you receive will vary based on your interactions and the services you have requested.

7.6 Eligibility

• Age Restriction: You must be at least 18 years old to consent to receive SMS communications from us.

• Protection Measures: We implement administrative, technical, and physical security measures to protect your information. In addition to our efforts, we store your data through one of the world’s largest, most successful CRM platforms, Zoho Corporation. We understand that Zoho encrypts customer data at rest using a 256-bit Advanced Encryption Standard (AES). We own and maintain the keys using our in-house Key Management Service (KMS). We provide additional layers of security by encrypting the data encryption keys using well-protected master keys. Learn more about Zoho privacy and data protection initiatives here.

• No Absolute Security: While we strive to protect your data, no method of transmission over the internet is entirely secure.

• Retention Periods: We retain your information as long as necessary to fulfill the purposes outlined in this Privacy Policy.

• Deletion Requests: You may contact us to request the deletion of your personal information. We will comply unless we are required to retain it for legal reasons (which is highly, highly unusual).

10.1 Rights of Providers

• Access and Correction: Contact us if you would like to review and update your information.

• Opt-Out: You can opt out of non-essential communications by following the unsubscribe instructions in our communications.

10.2 Rights of Practitioners

• Access and Correction: You can access and update your personal and professional information through your account settings or by contacting us.

• Deletion: You may request the deletion of your data, subject to legal and contractual restrictions.

• Marketing Preferences: Opt out of marketing communications by following the unsubscribe link or contacting us directly.

Our services are intended for individuals 18 years and older. We do not knowingly collect information from minors. If you believe we have collected information from someone under 18, please contact us to address the issue.

We may update this Privacy Policy occasionally based on regulatory and compliance matters. Changes will be effective upon posting the revised policy on this page. We encourage you to review this policy periodically.

If you have any questions or concerns about this Privacy Policy, please contact us:

TMS Associates

700 S Rosemary Ave, Suite 204

West Palm Beach, Florida 33401

Main: 833-737-1357

We are committed to complying with all applicable U.S. federal and state privacy laws and regulations to protect your personal and professional information. Below is an overview of the key laws we adhere to:

14.1 Compliance with U.S. Laws

• CAN-SPAM Act: We comply with the CAN-SPAM Act in our email communications by providing clear sender information and easy opt-out mechanisms. You can opt out of receiving marketing emails by following the instructions provided in those emails.

• 10DLC Regulations: The Campaign Registry (TCR) regulates 10DLC, and businesses must register and comply with regulations to use 10DLC numbers. We are compliant with these regulations. See details about our SMS Communications and 10DLC Compliance in section 7 above.

• California Consumer Privacy Act (CCPA): We uphold the rights of California residents under the CCPA. This includes the right to know about the personal information we collect, the right to request deletion of personal information, and the right to opt out of the sale of personal information. While we do not sell personal information, we honor all consumer rights as required by the CCPA.

• Telephone Consumer Protection Act (TCPA): We adhere to the TCPA for all telephonic and SMS communications. We obtain prior express written consent before sending promotional text messages and provide clear opt-out mechanisms using keywords such as “STOP” or “UNSUBSCRIBE.”

• California Online Privacy Protection Act (CalOPPA): In compliance with CalOPPA, we provide a clear and conspicuous Privacy Policy that details our data collection practices. We also inform users about how we respond to “Do Not Track” signals in web browsers.

• Children’s Online Privacy Protection Act (COPPA): Our services are not directed to children under the age of 13, and we do not knowingly collect personal information from them. If we become aware that we have inadvertently received personal information from a child under 13, we will delete such information from our records.

• Federal Trade Commission (FTC) Guidelines: We adhere to FTC guidelines by ensuring transparency in our data collection and usage practices, and by avoiding any deceptive or unfair practices.

• State Data Breach Notification Laws: We comply with all applicable state laws regarding notification procedures in the event of a data breach involving personal information. We have measures in place to detect and respond to data breaches promptly.

14.2 International Compliance

• General Data Protection Regulation (GDPR): While we primarily operate within the United States, we are committed to upholding the principles of the GDPR for users located in the European Economic Area (EEA). If you are an EEA resident, you have specific rights regarding your personal data, including the right to access, correct, or delete your personal information.

14.3 Industry Regulations

• Healthcare Regulations: Although we do not collect patient data or Protected Health Information (PHI), we adhere to industry best practices for data protection and confidentiality to safeguard all professional and personal information we handle.

14.4 Accessibility Commitment

• Americans with Disabilities Act (ADA): We are committed to making our website accessible to all users, including those with disabilities. We strive to comply with the ADA and relevant guidelines to ensure that our services are usable by everyone.

If you have any concerns or complaints about your privacy, please contact us. If dissatisfied with our response, you can escalate the matter to your jurisdiction's relevant data protection authority.

We continuously monitor and update our practices to maintain compliance with these laws and regulations. Your privacy is important to us, and we are dedicated to protecting your rights under all applicable laws.