Privacy Policy & SMS Terms

Section 1 — Who we are

This Privacy Policy applies to Clarity65 (the "Site," "we," "us," or "our"). Clarity65 is a trade name of TMS Insurance Brokerage, Inc., a licensed insurance agency (License #1989071) headquartered in San Antonio, Texas. Throughout this policy, "we" and "Clarity65" refer to TMS Insurance Brokerage, Inc. doing business as Clarity65.

Clarity65 is not part of the federal Medicare program and is not connected with or endorsed by the U.S. Government or the federal Medicare program.

Clarity65 is an insurance agency, not a healthcare provider. We are generally not a "covered entity" under HIPAA. While we may receive information about your medications, doctors, or general health status in the course of recommending insurance plans, that information is governed by this Privacy Policy and applicable insurance and privacy laws, not by HIPAA.

Section 2 — Information we collect

We collect information in three ways: information you give us directly, information collected automatically when you use our Site, and information we receive from third parties.

Information you give us directly.

When you fill out a form on our Site, call us, text us, email us, or otherwise communicate with us, you may give us:

• Your name, address, email, phone number, ZIP code, and date of birth
• Your Medicare beneficiary status, current insurance coverage, and Medicare effective dates (if applicable)
• Information about your prescriptions, doctors, and general health status (only when you provide it to help us recommend a plan that fits)
• Your communication preferences and consent records
• Information about a family member you are helping (only when you provide it on their behalf with their permission)

We do not request your Medicare Beneficiary Identifier (MBI) or Social Security number on the Site or for an initial plan comparison. If your information is needed for an actual enrollment application, it is collected through secure carrier-specific enrollment platforms, not through general intake forms.

Information collected automatically.

When you use our Site, we automatically collect:

• IP address and approximate geographic location
• Browser type, operating system, and device information
• Pages viewed, time spent on pages, and referring URLs
• Cookie and similar tracking technology data (see Section 6)

Information from third parties.

We may receive information from:

• Insurance carriers we are appointed with, for the purpose of policy administration
• Service providers helping us operate the Site (analytics, form processing, CRM)
• Public sources, including state licensing databases and lead-generation marketing partners — only where applicable consent has been obtained

Section 3 — How we use your information

We use the information we collect to:

• Respond to your inquiries and requests for plan comparisons or enrollment assistance
• Provide insurance brokerage services, including comparing plans across the carriers we represent
• Communicate with you by phone, text, email, or mail about your inquiries, our services, and Medicare-related plan information
• Comply with applicable laws, including CMS Medicare marketing regulations and state insurance regulations
• Maintain records of consent, including consent records required by the Telephone Consumer Protection Act (TCPA)
• Record sales calls as required by CMS rules for Medicare-related sales
• Improve the Site and our services through analytics
• Detect, prevent, and address fraud, security issues, and prohibited use
• Defend our legal rights and respond to lawful requests from government authorities

We do not sell your personal information. We do not "share" your personal information for cross-context behavioral advertising as those terms are defined under California law.

Section 4 — How we share your information

We share information only as described in this Policy. The categories of recipients are:

Insurance carriers we are appointed with, when you choose to apply for or enroll in a specific plan through Clarity65. Carriers receive only the information necessary to process your enrollment.

Licensed agents and staff working on our behalf, who are bound by confidentiality obligations and trained on CMS, TCPA, and state privacy compliance.

Service providers that operate parts of our infrastructure on our behalf, including:

• GoDaddy (hosting)
• GoHighLevel (CRM, lead intake, SMS infrastructure)
• Analytics providers (such as Google Analytics)
• Email service providers
• Call recording and storage providers
• Quote and enrollment tools (such as Sunfire and Connecture)

We require service providers to maintain reasonable safeguards and to use information only for the purposes for which we engage them.

Legal and regulatory recipients, when required by law, subpoena, court order, or to protect rights, property, or safety.

In connection with a business transaction, such as a merger, acquisition, financing, or sale of assets — in which case your information may be transferred to the relevant party subject to this Policy.

We do not sell your personal information to third parties for their independent marketing purposes. We do not transfer your phone number, email address, or contact information to unaffiliated third parties as a lead. If our practices on this point ever change, we will update this Policy and obtain any consent required by applicable law.

Section 5 — TCPA: phone calls and prerecorded messages

This section explains our practices for phone calls and text messages, which are governed by the Telephone Consumer Protection Act (TCPA) and related federal and state laws.

When you submit a form on our Site or otherwise provide your phone number with consent, you agree that Clarity65 and its licensed agents may contact you at the number you provided, including by automated telephone dialing systems, artificial or prerecorded voice, and SMS text messages, for the purposes described in this Policy and the SMS Terms below.

Consent is not a condition of purchase. You can speak with a licensed agent or receive a plan comparison without providing consent to receive automated calls or texts — simply call us directly at the number listed on this Site.

Each consent is specific to Clarity65 (TMS Insurance Brokerage, Inc.). Consent given to Clarity65 is not consent for any other company to contact you. We do not transfer or share consent records with third-party lead buyers, marketing partners, or other insurance agencies.

You may revoke consent at any time. You can opt out of phone calls by telling the agent you wish to be placed on our internal Do Not Call list, by emailing us at the address below, or by calling us. You can opt out of text messages by replying STOP to any message. See Section 12 for our Do Not Call policy.

All sales calls are recorded as required by CMS rules for the sale of Medicare Advantage, Medicare Supplement, and Medicare Part D plans. Recordings are retained for the period required by CMS (currently 10 years) and stored securely.

Section 6 — Cookies and tracking technologies

We use cookies and similar tracking technologies on our Site:

• Strictly necessary cookies that make the Site work (form processing, session management)
• Analytics cookies that help us understand how visitors use the Site (Google Analytics or similar)
• Functional cookies that remember your preferences

We do not use cookies for cross-context behavioral advertising. We do not respond to "Do Not Track" browser signals because there is currently no industry-accepted standard for interpreting them. You can disable cookies through your browser settings; some features of the Site may not work properly if you do.

Section 7 — Data security

We maintain reasonable administrative, technical, and physical safeguards designed to protect the information we collect. These include encryption of data in transit (HTTPS/TLS), restricted-access systems for sensitive records, and ongoing training for our staff.

No system is perfectly secure. We cannot guarantee that information transmitted to us over the internet will be free of unauthorized access. If we ever experience a security incident affecting your personal information, we will notify you as required by applicable law.

Section 8 — Data retention

We retain personal information for as long as needed to provide our services, comply with legal and regulatory obligations, resolve disputes, and enforce our agreements. Specific retention periods include:

• Lead intake records and consent records: at least 4 years from the date of last contact, to support TCPA compliance
• Medicare sales call recordings: 10 years, as required by CMS
• Policy administration records: as required by state insurance regulations, typically 5–7 years
• Tax and financial records: as required by federal and state tax laws

When information is no longer needed, we securely delete or anonymize it.

Section 9 — Your privacy rights

Depending on where you live, you may have rights regarding your personal information, including the right to:

• Know what personal information we have about you
• Access a copy of the personal information we hold
• Correct inaccurate or incomplete information
• Delete your personal information, subject to legal retention obligations
• Opt out of certain uses of your information, including the sale or sharing of personal information (note: we do not sell personal information, but you have the right to confirm this)
• Withdraw consent to communications at any time
• Non-discrimination for exercising your privacy rights

To exercise any of these rights, contact us using the information in Section 14. We may need to verify your identity before fulfilling a request. We will respond within the timeframe required by applicable law (typically 45 days, with one extension permitted in limited cases).

Section 10 — State-specific privacy disclosures

California residents (CCPA/CPRA). California residents have additional rights including the right to know the categories of personal information collected, the right to delete, the right to correct, and the right to limit the use of sensitive personal information. To exercise these rights, contact us using Section 14. We do not sell personal information and do not share personal information for cross-context behavioral advertising as those terms are defined under California law.

Texas residents (TDPSA). Texas residents have rights under the Texas Data Privacy and Security Act effective July 1, 2024, including the right to access, correct, delete, and obtain a portable copy of personal data, and the right to opt out of targeted advertising, the sale of personal data, and certain profiling. We do not sell personal data or engage in targeted advertising.

Virginia, Colorado, Connecticut, Utah, and other states with comprehensive privacy laws. Residents of these states have substantially similar rights to those described above. Contact us to exercise any privacy right under your state's law.

Nevada residents. You have the right to direct us not to sell certain "covered information" about you. We do not sell covered information.

To exercise any state-specific right, contact us at the addresses listed in Section 14. We will not discriminate against you for exercising your rights.

Section 11 — Children's privacy

This Site is not directed at children under 18. We do not knowingly collect personal information from anyone under 18. If you believe a child has provided personal information to us, please contact us and we will delete it.

Section 12 — Do Not Call policy

Clarity65 maintains an internal Do Not Call list. If you ask us not to call you for marketing purposes, we will honor that request and add your number to our internal DNC list within a reasonable time. The DNC request applies to marketing calls — we may still contact you for transactional, regulatory, or service-related purposes (for example, to administer an existing policy or respond to a request you have made).

We also respect the National Do Not Call Registry maintained by the Federal Trade Commission. To register your number on the national DNC list, visit donotcall.gov or call 1-888-382-1222.

To be added to our internal DNC list, contact us at:

• Email: privacy@clarity65.com
• Phone: 866-531-6565
• Mail: TMS Insurance Brokerage, Inc., 1901 NW Military Hwy Ste 200, San Antonio, TX 78213

Section 13 — Changes to this policy

We may update this Privacy Policy from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Material changes will be communicated in a more prominent way, such as a notice on the homepage or by email if we have your address. Your continued use of the Site after any update means you accept the updated Policy.

Section 14 — How to contact us

If you have any questions about this Privacy Policy, want to exercise a privacy right, or want to make a Do Not Call request, contact us at:

Clarity65 (TMS Insurance Brokerage, Inc.)
1901 NW Military Hwy Ste 200
San Antonio, TX 78213

Email: privacy@clarity65.com
Phone: 866-531-6565