Privacy Policy

1. Scope of this policy

This Privacy Policy explains how The Performance Function, LLC (“The Performance Function,” “we,” “us,” or “our”) handles personal information in connection with this website, email inquiries, and other pre-engagement communications.

Client project information may also be governed by a master services agreement, statement of work, confidentiality agreement, data protection addendum, or other written terms. If those terms conflict with this policy for information handled as part of a client engagement, the applicable written agreement controls.

2. Information we collect

We may collect information in the following ways:

• Information you provide directly. If you use our inquiry form, email us, or otherwise contact the firm, we receive the information you choose to provide, such as your name, email address, organization, role, the problem you are describing, and the contents of your message.
• Technical information. Our hosting and infrastructure providers may process technical information associated with visits to the site, such as IP address, browser or device information, requested pages, timestamps, security events, and similar server or diagnostic data.
• Engagement information. If we later enter into a consulting engagement, we may receive additional business, operational, or personal information necessary to perform the agreed work. The scope, access, and handling requirements for that information are addressed separately as appropriate for the engagement.

We do not intentionally ask website visitors to provide sensitive information merely to learn whether a project may be a fit.

3. How we use information

We may use personal information to:

• respond to questions and inquiries;
• evaluate whether a potential problem fits the firm’s scope and capabilities;
• communicate about proposed or active consulting work;
• operate, maintain, troubleshoot, and secure the website and related systems;
• maintain appropriate business, legal, accounting, and administrative records;
• protect the rights, safety, systems, and property of the firm, our clients, and others; and
• comply with applicable law, legal process, and professional obligations.

We do not use personal information collected through this site to make automated decisions that produce legal or similarly significant effects about website visitors.

4. Cookies and similar technologies

The site and its hosting or infrastructure providers may use cookies, logs, or similar technical technologies that are necessary for site operation, security, performance, fraud prevention, or basic functionality.

If you allow optional analytics, we load Google Analytics to measure page visits, scrolling, contact and email link clicks, inquiry starts, and whether an inquiry succeeds or fails. Google receives technical information such as browser and device details and uses cookies to distinguish visits. Our analytics code sends page paths and referring website origins without query strings or fragments. For campaign links we create, it also sends predefined campaign, source, and medium labels after you allow analytics. Only recognized labels are accepted; other URL values are excluded. It does not send inquiry answers, names, email addresses, or phone numbers to Analytics.

Optional analytics stays off until you select “Allow analytics.” You can decline or withdraw your choice through “Cookie settings” in the footer. Withdrawal stops future Analytics collection and removes the site's Analytics cookies; it does not delete data already collected. We remember your choice in this browser for 180 days using local storage, when available. A browser Global Privacy Control signal keeps optional analytics off. The inquiry form works regardless of your analytics choice.

We do not enable Google signals, advertising personalization, or automatic form-content tracking. Learn more about how Google uses information from sites that use its services. Aggregate search and website-performance reports may also be reviewed through Semrush to improve this site.

5. Sale, targeted advertising, and profiling

The Performance Function does not sell personal information, rent personal-information lists, or use personal information collected through this site for cross-context behavioral advertising.

We also do not profile website visitors for the purpose of making decisions that produce legal or similarly significant effects concerning them.

6. When information may be shared

We may disclose information when reasonably necessary to operate the firm or comply with our obligations, including to:

• service providers that support hosting, infrastructure, email, security, file storage, business administration, payment processing, or other operational functions;
• professional advisers such as attorneys, accountants, insurers, or other advisers when appropriate;
• government authorities or other parties when required by law, legal process, or a valid governmental request, or when reasonably necessary to protect rights, safety, systems, or property; and
• a successor or transaction party in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar business transaction, subject to appropriate confidentiality and legal requirements.

Service providers are expected to handle information only for the purposes for which it is provided and subject to applicable contractual and legal obligations.

7. Sensitive and confidential information

Please do not include protected health information, highly sensitive personnel records, passwords, account credentials, Social Security numbers, financial account credentials, or other highly sensitive records in an initial inquiry.

If a prospective engagement may require access to sensitive, confidential, regulated, or personally identifiable information, we will determine whether that information is actually necessary and establish appropriate scope, access, contractual, security, and information-sharing requirements before it is provided.

8. Data retention

We retain personal information only for as long as reasonably necessary for the purposes described in this policy, including responding to inquiries, maintaining business records, administering an engagement, resolving disputes, enforcing agreements, meeting legal or accounting obligations, and protecting security.

Retention periods may vary depending on the nature of the information, the relationship involved, contractual requirements, and applicable law.

9. Security

We use reasonable administrative, technical, and organizational measures designed to protect personal information against unauthorized access, loss, misuse, alteration, or disclosure, taking into account the nature of the information and the context in which it is handled.

No website, email system, network, or storage method can be guaranteed to be completely secure. For that reason, sensitive project information should be shared only through a method that has been approved for the engagement.

10. Your choices and privacy rights

Depending on where you live and the law that applies, you may have rights concerning certain personal information, which can include rights to request access, correction, deletion, a copy of information, or information about how it is used.

You may submit a privacy request by emailing hello@theperformancefunction.com. We may need to verify your identity and may retain information when permitted or required by law. If a particular privacy law does not apply to a request, we may still choose to respond voluntarily when doing so is reasonable and lawful.

11. Children’s privacy

This site is intended for organizations and adults seeking business consulting services. It is not directed to children under 13, and we do not knowingly collect personal information from children under 13 through this site.

12. Third-party websites and services

The site may link to websites or services operated by third parties. Their privacy practices are governed by their own policies and are not controlled by The Performance Function.

13. Processing in the United States

The Performance Function is based in the United States and serves organizations nationwide. Information may be processed or stored in the United States and in other locations where our service providers operate, subject to applicable contractual and legal requirements.

14. Changes to this policy

We may update this Privacy Policy as our services, technology, vendors, or legal obligations change. The effective date at the top of the page identifies the current version. Material changes will be reflected in the posted policy and, when required by law, communicated through an additional notice.

15. Contact

Questions or privacy requests may be sent to:

The Performance Function, LLC
United States
hello@theperformancefunction.com