Privacy Policy

A Customer eXperience Management (CXM) system and CRM solution that improves sales lead performance, makes follow-up easier and centralizes all customer interactions. Now you can, professionally manage your customers journey and operational workflows on all platforms.

1. General

PerformNOW® is committed to protecting the privacy of any person or entity that uses, or makes use of its services, products, or system (“User” or “Users”). This privacy policy (hereinafter “Policy”) explains when and how personal information is collected, used, disclosed and protected with respect to the PerformNOW®’s web site located at (the "Site"). The domain is managed by Synchronous Technologies Group Inc, or By using the Site, the User fully understands and consents to the privacy practices described in this Policy, as reasonably modified from time to time by PerformNOW®. User has carefully reviewed this Policy in order to fully understand the PerformNOW® data privacy practices.  PerformNOW, LLC is also covered by this privacy policy.

2. Personal Information

Personal Information shall be defined, but not limited to, as information that is specifically identifiable to a unique individual, information such as a name, address, individual’s telephone number, e-mail address, account number, information about an individual's activities if directly linked to that person (hereinafter “Personal Information”).  Personal Information also includes, but shall not be limited to, demographic information, such as date of birth, one’s gender, geographic area, and personal preferences if such information is identifiable and unique.

3. Personal Information We Collect

PerformNOW® collects Personal Information from Users in a number of ways, examples of such are: when Users visit the PerformNOW® Site, PerformNOW® collects Personal Information when Users: (1) register and set up an account; or (2) contact PerformNOW® by e-mail for any reason; or (3) Users enter contact information of clients or potential clients for the purpose of engaging with them through the use of the PerformNOW platform.  When Users visit the PerformNOW® web site or sites with PerformNOW® tracking scripts embedded, some information is also automatically collected for the benefit of our Clients, such as the Users' computer's Internet Protocol (“IP”) address, Users' computer's operating system, the browser type, the address of a referring web site, and the time and date of Users visit and purchases. PerformNOW® treats this information as Personal Information if it is combined with or linked to any of the identifying information mentioned above.  While these may be some examples of how PerformNOW® can gather and obtain User Personal Information, User shall not consider this to be an exhaustive list. All Personal Information collected is for the express purpose of identity confirmation and fraud prevention, so PerformNOW's servers and team can be assured accurate information is delivered to the correct individual using the software.

4. How We Use Personal Information

PerformNOW® uses Personal Information to process User requests and provide Users with services, to inform Users about other products, to provide Users with products and/or services PerformNOW® believes may be of interest to the User. When PerformNOW® uses User Personal Information in its own marketing efforts, PerformNOW® provides Users with options and do not disclose the User’s Personal Information to third parties, except as described in this Policy. Personal Information provided online may be linked together or merged with other Personal Information so that PerformNOW® may confirm the identity of the user, better understand User needs, and inform Users about PerformNOW® products or services. PerformNOW® also uses User Personal Information to send Users informational e-mails, including without limitation to newsletters, notifications by account owners, project managers, forum moderators, group members, and reminders of event schedules and attendance.

5. Emails

If Users send emails through the PerformNOW® Site, the User must understand that the email will include email address and any personal message included. Due to the nature of the e-mail being sent from the PerformNOW® Site, these emails are not private communications and therefore are not confidential. PerformNOW® has no responsibility to keep such information confidential if User sends emails through the PerformNOW® Site.  User shall not use the Site or any software provided through the Site to send spam or content that violates this agreement or any other User agreement. To stop receiving emails from us or our clients, please click the link found at the bottom of each email or update your account preferences.

6. Security

PerformNOW® has put security measures into place in an effort to protect User’s Personal Information while such information is under PerformNOW® control. All Personal Information relating to Users are stored in a reasonably secure environment, separate from the Site. User’s account information is accessible online only through the use of a confidential password. To protect the confidentiality of Personal Information, User must keep its password confidential and not disclose it to any other person. User is solely responsible for all uses of the Site by any person using User password. User shall advise PerformNOW® immediately if User believes its password has been misused or improperly obtained.

7. Control of Personal Information

PerformNOW® gives the User the opportunity to opt-out of receiving communications from PerformNOW®, and to limit the use and disclosure of the User’s own Personal Information for purposes other than which it was originally collected or subsequently authorized.  Every non-transactional email sent by PerformNOW servers includes a link to manage preferences.  Use that link to opt-out of any communications from that sender. You can also opt out by sending an email to [email protected] with a reference to the email you received.  PerformNOW® does not sell, rent, or share Personal Information with third parties without User’s prior consent, except in the limited circumstances as described in this Policy.  PerformNOW® acknowledges that EU individuals have the right to access the personal information that we maintain about them.  An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to the contact information listed below. If requested to remove data, we will respond within a reasonable timeframe.

In addition, PerformNOW® may disclose Personal Information in the good faith belief that PerformNOW® is lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of PerformNOW®, its users, its employees or the public.  PerformNOW® also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.  Information about PerformNOW® Users, including Personal Information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.

Notwithstanding any other provision, PerformNOW® may also engage a data provider who may collect web log data from contacts in PerformNOW® accounts (including IP address and information about browser or operating system), or place or recognize a unique cookie on such contacts' browsers to enable the delivery of customized content.   These cookies contain no personally identifiable information.  The cookies may reflect de-identified demographic or other data linked to data that PerformNOW® users voluntarily have submitted to us, e.g., email address, that we may use to interface with a data provider solely in hashed, non-human readable form. To opt-out of these data provider cookies, please go to

8.  EU-US and Swiss-US Privacy Shield

PerformNOW® complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. PerformNOW® has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit

In compliance with the US-EU and Swiss-US Privacy Shield Principles, PerformNOW® commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact PerformNOW® at:

Attn: Privacy Manager
249 South Highway 101, Suite 525
Solana Beach, CA 92075 USA

PerformNOW® has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit for more information and to file a complaint.

When a customer and PerformNOW® have agreed by contract that transfers of personal information from the European Economic Area (“EEA”) or Switzerland will be transferred and processed pursuant to the Privacy Shield for the relevant services, when conducting those activities on behalf of its EEA/Swiss customers, PerformNOW® holds and/or processes personal information provided by the EEA/Swiss customer at the direction of the customer. PerformNOW® will then be responsible for ensuring that third parties acting as agents on its behalf meet the same standards. Pursuant to the Privacy Shield, PerformNOW® remains liable for the transfer of personal data to third parties acting as our agents unless we can prove we were not a party to the events giving rise to the damages.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. PerformNOW® is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

In July 2020, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield. While there are some issues that were raised outside the purview of PerformNOW's ability to control, we do go through extraordinary lengths to secure all communication and data with and within our networks. Data is encrypted at rest and in transit. We do not share any personally identifiable information with any third parties without your prior, written consent. PerformNOW remains a member of the Privacy Shield program and agrees and abides by the tenets of the program. 

9. EU General Data Protection Regulation

PerformNOW® supports the tenets of the General Data Protection Regulation (GDPR). We collect a minimum amount of information, and we will ask for your consent to process any information that goes above and beyond the information we need to collect about you and your actions on our website. We do collect your IP address and store cookies on your browser for fraud protection and identity confirmation during the use of our website and while logged into the PerformNOW® CRM application. We do this for your protection and for analyzing the use of our platform to provide you with the best user experience possible. If you choose to exercise any of your rights under the GDPR, we will comply to the fullest extent of the law. If you wish to contact PerformNOW's Data Protection Officer (DPO), Lyle Hopkins, you may do so by emailing [email protected].

10. Policies for Users in Australia

If you are a Member who lives in Australia, this Section applies to you. We are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”).

Where we say we assume an obligation about Personal Information, we are also requiring our subcontractors to undertake a similar obligation, where relevant.

We will not use or disclose Personal Information for the purpose of our direct marketing to you unless: you have consented to receive direct marketing; you would reasonably expect us to use your personal details for the marketing; or we believe you may be interested in the material but it is impractical for us to obtain your consent. You may opt out of any marketing materials we send to you through an unsubscribe mechanism or by contacting us directly. If you have requested not to receive further direct marketing messages, we may continue to provide you with messages that are not regarded as “direct marketing” under the Australian Privacy Act, including changes to our terms, system alerts, and other information related to your account.

Our servers are primarily located in the United States. In addition, we or our subcontractors, may use cloud technology to store or process Personal Information, which may result in storage of data outside Australia. It is not practicable for us to specify in advance which country will have jurisdiction over this type of off-shore activity. All of our subcontractors, however, are required to comply with the Australian Privacy Act in relation to the transfer or storage of Personal Information overseas.

If you think the information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information upon your request.

If you are unsatisfied with our response to a privacy matter then you may consult either an independent advisor or contact the Office of the Australian Information Commissioner for additional help. We will provide our full cooperation if you pursue this course of action.

11. Cookies, IP Addresses and URLs

Automatically Collected Information: PerformNOW® automatically receives certain types of Personal Information whenever a User interacts with PerformNOW®. For example, when a User visits the Site, PerformNOW® automatically collects the User IP address and the type of browser the User uses. Information may be automatically collected through the use of a term called "cookies." PerformNOW® also collects various types of information called ‘clickstream information’, which is information about Users browsing behavior, such as IP address information, entry and exit points for the Site, search terms, web site addresses User visits, page views, and impressions. Cookies are also collected.  Cookies are small text files placed on Users hard drive by a web site when Users visit a particular website. These files identify a User’s computer and record a User’s preferences and other data about a User’s visit so that when the User returns to the site, the site knows who the User is, and can personalize the User visit. Most browsers automatically accept cookies as the default setting. Users can modify the setting to reject cookies or to prompt Users before accepting a cookie from the sites User visit by editing browser options. PerformNOW® may place or recognize a unique cookie on Users browser to enable Users to receive customized content or services, as well as for fraud protection and identity confirmation. Any cookies made available to shopping carts or other tracking information sent to third parties will reflect only de-identified demographic or other data linked to data Users have voluntarily submitted to PerformNOW®, will be encrypted, and will not be used to identify Users individually. If Users decide not to accept PerformNOW® cookies, Users will still be able to access those parts of the PerformNOW® site available to the general public, but Users may not be able to login or use the site's features or services, and Users may have a less satisfactory experience.

12. Links to Other Web Sites

The PerformNOW® Site may contain links to other web sites. Any Personal Information User provides on the linked pages is provided directly to that third party and is subject to that third party's privacy policy. Except as described above, PerformNOW® is not responsible for the content or privacy and security practices and policies of web sites to which PerformNOW® links. Links from PerformNOW®’s Site to third parties or to other sites are provided for User convenience. PerformNOW® encourages Users to learn about their privacy and security practices and policies before providing them with Personal Information. 

13. Forms

The PerformNOW® Site contains forms that Users may use to enter Personal Information. By submitting these forms, the User agrees that PerformNOW has permission to accept, store, and process the data provided through the submission of the form. 

14. Policy Changes

PerformNOW® reserves the right to change or alter this Policy at any time. PerformNOW® may use User Personal Information for new, unanticipated uses not previously disclosed in this Policy. If PerformNOW®’s privacy practices change, PerformNOW® will post the policy changes to our web site and notify Users by indicating the date the privacy policy was last updated. PerformNOW® encourages Users to check back at the PerformNOW® Site periodically if the User is concerned about how the Users Personal Information is used. 

Privacy policy effective 11 Feb 2019. This privacy policy was last updated 27 Mar 2020.