Privacy Policy

This Privacy Policy describes how TCM Hub LLC (“Company,” “we,” “our,” or “us”) collects, uses, and shares information in connection with Harmonize Iris (the “Service”). This Privacy Policy is incorporated by reference into our Terms of Service and forms part of the binding agreement between you and Company.

The Service is designed for licensed practitioners and is not intended for, and is not made available to, the general public. The Service is architected so that it does not accept Protected Health Information about any patient; you agree, as a condition of using the Service, that you will not submit Protected Health Information through it. Definitions used but not defined in this Privacy Policy have the meanings given in the Terms of Service.

1. Personal Information We Collect

The only personal information we collect about you as a User of the Service is:

your first name

your last name, and

your email address.

Collectively, the items above are referred to as “Personal Information” in this Privacy Policy. We do not collect telephone numbers, postal addresses, payment-card numbers, government-issued identifiers, social security or social insurance numbers, or other personal information from you. We do not knowingly collect, and we do not want to collect, Protected Health Information about any patient.

1.1 Submitted Data (not Personal Information)

Although Submitted Data is intended to be de-identified, you should not submit any information that could identify a patient directly or indirectly, including unusual factual details that could identify a person when combined with other information. If we determine that Submitted Data may contain identifying information, we may delete, quarantine, or restrict it.

Separate from Personal Information, the Service receives clinical content you submit about cases you encounter in your own practice. This content is referred to as “Submitted Data” in the Terms of Service. Submitted Data is intended to be de-identified and must not contain Personal Information, personal health information, Protected Health Information, or information that can reasonably identify any patient, whether directly or indirectly. If any Submitted Data is reasonably capable of identifying an individual, we will treat it as Personal Information or personal health information to the extent required by applicable law, and we may delete, quarantine, restrict, or de-identify it.

case identifiers automatically generated by the Service (e.g., “HC-0042”);

age range (drawn from a fixed dropdown, not a date of birth or specific age);

sex, complexion, vital-sign categories;

medications and allergies (entered as drug or substance names);

chief complaint and symptom checklist responses;

cropped tongue photographs (top view and sublingual), with identifying features removed;

pulse readings entered through the Service’s pulse diagram;

history notes and free-text clinical entries;

pattern identifications, formula selections, modifications, follow-up data, and any feedback or annotations you provide; and

acceptance timestamps for required acknowledgments.

Submitted Data is licensed to Company under Section 4 of the Terms of Service. The rights described in Section 7 of this Privacy Policy (access, correction, deletion, etc.) apply only to your Personal Information and do not extend to Submitted Data except to the extent Submitted Data is determined to be Personal Information or personal health information under applicable law.

1.2 Information collected automatically

When you use the Service, our hosting subprocessor (Vercel) and the Service itself automatically collect operational information including your IP address, browser type and version, operating system, the pages or features you access, and the date and time of access. This information is used to operate and secure the Service, to diagnose problems, and to comply with legal obligations.

2. How We Use Personal Information

We use your Personal Information for the following purposes:

to create and maintain your account and to authenticate you;

to deliver the Service to you and to communicate with you about your account, support inquiries, security alerts, and material changes to the Service;

to enforce our Terms of Service and to detect and prevent fraud, abuse, and security incidents;

to comply with our legal obligations and to respond to lawful requests from regulators and law-enforcement authorities; and

to send you operational notices (these are not marketing communications).

We do not sell your Personal Information. We do not share your Personal Information for cross-context behavioral advertising. We will not sell raw Submitted Data, externally license practitioner-identifiable datasets, or publicly disclose practitioner-identifiable or patient-identifiable case records without separate notice and, where required, separate consent.

We do not use your Personal Information for marketing purposes without your separate consent.

3. How We Use Submitted Data

We use Submitted Data for the purposes set out in Section 4 of the Terms of Service. To summarize them here in plain language:

to operate, maintain, and improve the Service;

to train, fine-tune, evaluate, and benchmark artificial-intelligence and machine-learning models that the Service uses or that we develop;

to validate, refine, and develop the Harmonize methodology and related curricula;

to conduct analytics on aggregated and de-identified data; and

to create derivative works, datasets, and products.

Submitted Data is licensed to us under Section 4 of the Terms of Service. The license is perpetual and irrevocable; the contractual rights described in Section 7 of this Privacy Policy do not require us to delete Submitted Data or to undo any prior use we have made of it, including any model we have trained or improved using it. By using the Service, you consent to these uses.

4. Legal Bases for Processing

We process your Personal Information on the following legal bases:

Performance of a contract: We process your Personal Information to provide the Service to you under the Terms of Service.

Consent: We process Submitted Data based on the license you grant us in Section 4 of the Terms of Service, which is given as part of your decision to use the Service.

Legitimate interests: We process operational data (such as logs and security data) to operate and secure the Service.

Compliance with legal obligations: We process information as required to comply with applicable laws and lawful requests.

4.1 Meaningful Consent for Canadian Users

If you access or use the Service from Canada, you acknowledge and consent to our collection, use, disclosure, processing, and retention of your Personal Information and operational information for the purposes described in this Privacy Policy. Those purposes include account creation, authentication, Service delivery, security, support, legal compliance, and communication about your account and material Service changes.

You also acknowledge that Submitted Data is licensed to Company under the Terms of Service for the purposes described in Section 3 above, including operating and improving the Service, analytics, evaluation, benchmarking, artificial-intelligence and machine-learning model development, creation of Derivatives, and development of related products, services, methodologies, and curricula. To the extent applicable Canadian law treats any Submitted Data as Personal Information or personal health information, we rely on your consent and the Terms of Service for these uses, subject to any non-waivable rights under applicable law.

Some collection, use, processing, and transfer of information is necessary to provide and secure the Service. If you withdraw consent for processing that is necessary to provide the Service, we may not be able to continue providing the Service to you and may suspend or terminate your account. Withdrawal of consent does not affect processing that occurred before withdrawal, legally required retention, or Company’s continued use of Derivatives and de-identified or aggregated outputs as permitted by the Terms of Service and applicable law.

5. Subprocessors and Where Information Is Processed

We use the third-party service providers (“subprocessors”) listed in the table below to deliver the Service. Each subprocessor is subject to contractual obligations to safeguard the information it processes and to use it only for the purposes of providing services to us. Before allowing Canadian users to access the Service, Company will confirm and publish a current subprocessor list identifying the relevant provider, service function, categories of information processed, processing location, retention period or retention setting, and applicable privacy/security terms.

Each subprocessor processes information in the location indicated. A current list of our subprocessors is maintained at clinical-companion-beryl.vercel.app/subprocessors. We will provide reasonable advance notice of any material change to our subprocessors so that you may exercise the rights described in Section 7. Where required by applicable law, we will obtain consent or provide an opportunity to object before applying a material subprocessor change to Canadian users.

6. Retention

We retain Personal Information for as long as your account is active, and for a reasonable period thereafter for the purposes of resolving disputes, enforcing our agreements, and complying with our legal obligations. When Personal Information is no longer required for any of these purposes, we either delete it or de-identify it so that it can no longer be linked to you.

Submitted Data is retained as set forth in the Terms of Service, which give us a perpetual and irrevocable license to it. Aggregated, de-identified, or derivative outputs created from Submitted Data may be retained indefinitely and are not deleted when you exercise any right under this Privacy Policy with respect to your Personal Information. Backup copies may persist for a limited period under ordinary backup and disaster-recovery practices and will be deleted or overwritten according to the applicable backup cycle.

Each subprocessor retains the information it processes for its own retention period, summarized in the table in Section 5.

7. Your Rights Regarding Personal Information

Subject to applicable law, you have the following rights with respect to your Personal Information. These rights apply to Personal Information (first name, last name, and email address) and do not extend to Submitted Data, which is governed by the license in Section 4 of the Terms of Service.

7.1 Access

You may request a copy of the Personal Information we hold about you.

7.2 Correction

You may request that we correct Personal Information that is inaccurate or incomplete.

7.3 Deletion

You may request that we delete your Personal Information. We will honor a deletion request within thirty (30) days, subject to limited exceptions where applicable law permits or requires retention (for example, to comply with legal obligations, to resolve disputes, or to enforce our agreements). Deletion of your Personal Information does not delete Submitted Data and does not affect any Derivatives created from Submitted Data. If we have inadvertently received information that identifies a patient, we will use commercially reasonable efforts to delete or de-identify that information after we become aware of it, subject to legal, security, and backup-retention limitations.

7.4 Additional rights for Canadian residents

If you are a resident of Canada, you may also have the right, under applicable federal and provincial privacy legislation, to: withdraw your consent to our collection, use, or disclosure of your Personal Information (subject to legal or contractual restrictions); request portability of your Personal Information in a structured, commonly used, technological format; and, where applicable, request the cessation of dissemination and de-indexing of Personal Information that has become outdated or harmful.

7.5 Additional rights for U.S. residents

If you are a resident of California or another U.S. state that provides analogous rights, you may also have the right to: know the categories of personal information we collect, the categories of sources from which we collect it, the categories of third parties with whom we share it, and the business or commercial purposes for which we use it; opt out of any “sale” or “sharing” of personal information (we do not sell or share personal information for cross-context behavioral advertising); limit the use of sensitive personal information (we do not use Personal Information in ways that trigger this right); and be free from unlawful discrimination for exercising any of these rights.

7.6 How to make a request

To exercise any right described in this Section 7, email us at support@tcm-hub.com (with a copy to the Privacy Officer identified in Section 9). We will verify your identity by matching the request against the Personal Information associated with your account, and we will respond within the timeframe required by applicable law (and in any event no later than thirty (30) days for deletion requests and forty-five (45) days for other requests, subject to extensions permitted by law). You may also authorize an agent to make a request on your behalf; we may require written authorization and identity verification before responding to an agent.

7.7 Right to lodge a complaint

You may lodge a complaint about our processing of your Personal Information with the data-protection authority in your jurisdiction. For Canadian residents, complaints may be lodged with the Office of the Privacy Commissioner of Canada or with the privacy regulator of your province (the Commission d’accès à l’information in Quebec, the Office of the Information and Privacy Commissioner in Alberta or British Columbia, and the analogous authority in your province). We ask that you contact us first so we may attempt to resolve your concern directly.

8. Security

We use, and require our subprocessors to use, commercially reasonable administrative, technical, and physical safeguards designed to protect Personal Information and Submitted Data against unauthorized access, disclosure, alteration, and destruction. These measures include encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256), row-level security policies that isolate each User’s data from other Users’ data, server-side and client-side screens that block inputs matching common patterns for protected health information, and per-User folder isolation for uploaded images. Security measures are periodically reviewed and may change as the Service evolves. Company does not warrant that automated PHI screens will detect every identifier or that security controls will prevent every unauthorized access event.

No method of transmission over the internet or method of electronic storage is one hundred percent secure. You are responsible for keeping your account credentials confidential and for notifying us immediately if you suspect that your account has been compromised.

9. Privacy Officer; Contact

We have designated a person responsible for the protection of personal information (the “Privacy Officer”), as required by applicable Canadian privacy legislation. The Privacy Officer is:

Name: Michael Peluso

Title: Owner / CEO

Email: support@tcm-hub.com

Mailing address: TCM Hub LLC P.O. Box 106 East Burke, VT 05832 

You may contact the Privacy Officer in English. If the Service is made available to residents of Quebec, you may contact Company in French and Company will respond in French where required by applicable law.

10. Children

The Service is not directed to, and we do not knowingly collect Personal Information from, anyone under the age of majority in their jurisdiction (and in any event no one under the age of eighteen years). If we learn that we have collected Personal Information from a person who is not of the age of majority, we will delete that information promptly.

11. Breach Notification

If we determine that a security incident has resulted in, or presents a real risk of significant harm or serious injury from, the loss, unauthorized access to, or unauthorized disclosure of your Personal Information, we will notify you and any applicable regulator without undue delay after becoming aware of the incident, and in any event within the timeframes required by applicable law. For Canadian residents, this includes notification to the Office of the Privacy Commissioner of Canada under PIPEDA and, where applicable, to the Commission d’accès à l’information for incidents involving residents of Quebec. Each notification will describe, to the extent then known, the nature of the incident, the categories of Personal Information involved, the measures taken in response, and steps you can take to mitigate harm. We will maintain records of security incidents and confidentiality incidents involving Personal Information as required by applicable law.

12. International and Cross-Border Transfers

12.1 Where information is processed

Our subprocessors process Personal Information and Submitted Data primarily in the United States, as set forth in the table in Section 5. If you access the Service from outside the United States, including from Canada, you understand that your information will be transferred to, stored in, and processed in the United States or other countries, where data-protection laws may differ from those of your country. Your Personal Information may also be subject to access by courts, law-enforcement authorities, national-security authorities, regulators, or other governmental authorities in the jurisdictions where it is processed.

12.2 Canadian users

Before making the Service available to Quebec residents, and before communicating Personal Information outside Quebec where required by Quebec’s Act respecting the protection of personal information in the private sector, Company will conduct and document a privacy-impact assessment of the applicable cross-border processing arrangements. By accepting our Terms of Service, you consent to the transfer of your Personal Information outside the province in which you reside, including to the United States, for the purposes set forth in this Privacy Policy. We rely on contractual safeguards with our subprocessors to require them to protect Personal Information consistent with this Privacy Policy and applicable law. Company may restrict or suspend access for Quebec residents until it has completed any required privacy-impact assessment, French-language, or other operational compliance steps.

12.3 European users

The Service is not directed to residents of the European Economic Area, the United Kingdom, or Switzerland. If we become aware of European users, we will update this Privacy Policy to address the transfer mechanisms required by applicable European law (for example, the Standard Contractual Clauses).

13. Changes to This Privacy Policy

We may amend this Privacy Policy from time to time. Non-material changes, including changes made to clarify language, correct errors, reflect non-material changes in Service functionality, improve security, or comply with law or regulatory guidance, may become effective upon posting or on the date stated in the notice. We will provide advance notice by email, in-Service notice, or other reasonable method before material changes become effective, including changes that materially expand the categories of Personal Information collected, materially expand the purposes for which we use Personal Information or Submitted Data, materially change the categories of subprocessors or disclosures, or materially reduce your privacy rights. Where applicable law requires consent for a change, we will seek consent before applying that change. Your continued use of the Service after the effective date of an updated Privacy Policy constitutes acceptance of the update to the extent permitted by law. For Canadian users, we will seek express consent where required for material changes to the purposes for which we collect, use, disclose, or process Personal Information or personal health information.

14. Contact Us

Questions about this Privacy Policy may be sent to the Privacy Officer at support@tcm-hub.com or to:

TCM Hub LLC

TCM Hub LLC P.O. Box 106 East Burke, VT 05832