Elder Council — Privacy Policy

Effective Date: July 1, 2025
Operated by TOMfoolery Labs LLC | eldercouncil.ai

Plain-English Summary

We collect your queries, model preferences, and usage behavior. We use this data to run the Service and — in aggregated, anonymized form — to create research products we may license to third parties. We do not sell your identity. You can opt out. This policy explains exactly what we collect, why, and what rights you have over it.

1. Who We Are

TOMfoolery Labs LLC (“Company,” “we,” “us,” or “our”) operates Elder Council at eldercouncil.ai. We are a Minnesota limited liability company. Questions about this policy can be directed to legal@eldercouncil.ai.

2. What Data We Collect

2.1 Data You Provide Directly

Account Information: If you register, we collect your email address and any profile information you provide.
Query Content: The text of research queries you submit through the Service.
Communications: Any messages you send us via email or support channels.

2.2 Data We Collect Automatically

When you use the Service, we automatically collect:

Query Metadata: Timestamp, query length, and topic classification derived from your queries;
Model Selection: Which AI models you enable or disable for a given session;
Orchestration Mode: Which mode you select (Pipeline, Fan-out, or Debate);
Engagement Signals: Time spent on synthesis vs. individual model response tabs, copy and export actions, scroll depth, and session duration;
Usage Patterns: Query frequency, feature usage, and return visit behavior over time;
Technical Data: IP address, browser type and version, operating system, device type, screen resolution, referring URL, and pages visited within the Service;
Cookies and Similar Technologies: Session identifiers, preference tokens, analytics identifiers, and similar browser storage mechanisms such as sessionStorage (see Section 6).

2.3 Data We Derive

We generate inferred data from the above, including topic classifications, model preference signals, and model divergence scores. This derived data is used to build Derived Data Products as described in Section 4.

3. How We Use Your Data

We use the data we collect to:

Operate and deliver the Service, including routing your queries to AI providers and returning responses;
Authenticate your account and maintain session state;
Monitor for abuse, enforce our Terms of Service, and maintain security;
Analyze aggregate usage to understand how the Service is used and where it can be improved;
Generate Derived Data Products (Section 4) for commercialization;
Send you transactional emails (account confirmations, security notices) and, where you have opted in, product updates;
Comply with legal obligations.

We do not use your data to serve you advertising and we do not sell your personal identity.

4. Derived Data Products and Commercialization

This is the section most users will want to read carefully.

4.1 What Are Derived Data Products

A Derived Data Product is any dataset, benchmark, index, or analytical output we create by aggregating and anonymizing data from users of the Service. Examples include:

Comparative model performance benchmarks based on aggregate engagement signals (e.g., which models users spend more time reading across query categories);
Query topic trend indices showing what subjects users are actively researching, in aggregate;
LLM divergence and consensus datasets capturing where models agree or disagree across query types;
Anonymized preference datasets that may be used for AI model evaluation or training purposes.

4.2 What Derived Data Products Do Not Contain

Derived Data Products do not contain your name, email address, IP address, or any other information that directly identifies you as an individual. Before inclusion in any Derived Data Product, data is aggregated across many users and anonymized such that re-identification is not reasonably practicable.

4.3 How We May Use or Share Derived Data Products

We may share, license, or sell Derived Data Products to third parties, which may include:

AI research laboratories and model developers;
Enterprise AI software vendors and procurement platforms;
Academic and independent researchers;
Data analytics firms and market intelligence providers.

4.4 The License You Grant Us

By using the Service, you grant TOMfoolery Labs LLC a perpetual, irrevocable, worldwide, royalty-free license to include your query data and engagement signals in Derived Data Products, subject to your opt-out rights below.

4.5 Your Opt-Out Rights

You may opt out of having your data included in future Derived Data Products at any time by:

Emailing legal@eldercouncil.ai with the subject line “Data Commercialization Opt-Out”; or
Toggling the “Exclude my data from research products” setting in your account preferences (where available).

We will honor opt-out requests within 30 days. Opting out applies prospectively — data already incorporated into Derived Data Products prior to your request cannot be removed, as it cannot be disaggregated once aggregated.

5. How We Share Your Personal Data

We do not sell your personal data. We share it only in the following limited circumstances:

5.1 Third-Party AI Providers

Your queries are transmitted to third-party AI providers — currently Anthropic, OpenAI, Google, and xAI — to generate model responses. Each provider receives your query text and processes it subject to their own privacy policies. We encourage you to review those policies before submitting sensitive information. We do not control how these providers handle data on their end.

5.2 Service Providers

We may share data with vendors who help us operate the Service, including cloud infrastructure providers, analytics platforms, and email delivery services. These vendors are contractually required to use your data only to perform services on our behalf.

5.3 Legal Requirements

We may disclose your data if required to do so by law, regulation, legal process, or governmental request, or when we believe disclosure is necessary to protect the rights, property, or safety of the Company, our users, or the public.

5.4 Business Transfers

If TOMfoolery Labs LLC is acquired, merged, or its assets are transferred, your data may be transferred as part of that transaction. We will notify you via email or prominent notice on the Service before your data becomes subject to a materially different privacy policy.

6. Cookies and Tracking

We use the following categories of cookies, browser storage, and similar technologies:

Essential Cookies and Storage: Required for the Service to function, including HTTP cookies for session management and authentication, and browser sessionStorage for engagement tracking identifiers. Cannot be disabled.
Analytics Cookies: Help us understand how users interact with the Service. We use privacy-respecting analytics and do not share raw analytics data with advertising networks.
Preference Cookies: Remember your model selections, orchestration mode preferences, and display settings.

We do not use advertising cookies or participate in cross-site behavioral tracking networks.

You can control cookies through your browser settings. Disabling essential cookies or clearing browser storage will impair Service functionality.

7. Data Retention

Raw Query Content: Retained for up to 24 months from the date of submission, after which it is deleted or irreversibly anonymized.
Account Data: Retained for the life of your account and for up to 12 months after account deletion, after which it is deleted.
Engagement and Usage Signals: Retained in identifiable form for up to 24 months, then anonymized and retained indefinitely as part of aggregate datasets.
Derived Data Products: Retained indefinitely, as they do not contain personal data.
Legal Hold: We may retain data longer if required by law or active legal proceedings.

8. Data Security

We implement technical and organizational measures designed to protect your data, including encrypted transmission (TLS), access controls, and regular security reviews. However, no method of transmission or storage is 100% secure. We cannot guarantee absolute security and are not liable for unauthorized access resulting from circumstances outside our reasonable control.

If we become aware of a data breach that affects your personal data, we will notify you as required by applicable law.

9. Children’s Privacy

The Service is not directed to individuals under the age of 18. We do not knowingly collect personal data from minors. If we learn that we have collected data from a minor, we will delete it promptly. If you believe a minor has submitted data through the Service, contact us at legal@eldercouncil.ai.

10. Your Rights

Depending on your location, you may have the following rights regarding your personal data:

Access: Request a copy of the personal data we hold about you.
Correction: Request correction of inaccurate or incomplete data.
Deletion: Request deletion of your personal data, subject to legal retention requirements.
Portability: Request your data in a structured, machine-readable format.
Opt-Out of Commercialization: As described in Section 4.5.
Withdraw Consent: Where processing is based on consent, withdraw it at any time.

To exercise any of these rights, email legal@eldercouncil.ai with your request. We will respond within 30 days. We may need to verify your identity before processing your request.

We do not discriminate against users who exercise their privacy rights.

11. Users Outside the United States

The Service is operated from the United States. If you access it from outside the US, your data will be transferred to and processed in the United States. By using the Service, you consent to this transfer. We make no representation that the Service complies with privacy laws of jurisdictions outside the United States.

12. Third-Party Links and Services

The Service may contain links to third-party websites or reference third-party AI providers. This Privacy Policy does not apply to those third parties. We encourage you to review the privacy policies of any third-party services you interact with through or alongside the Service.

13. Changes to This Policy

We may update this Privacy Policy from time to time. When we do, we will revise the Effective Date at the top. For material changes, we will provide notice via email or in-app notification to registered users. Your continued use of the Service after changes are posted constitutes acceptance of the updated policy.

14. Contact

For questions, requests, or concerns about this Privacy Policy or our data practices:

TOMfoolery Labs LLC
Elder Council — eldercouncil.ai
Email: legal@eldercouncil.ai