Privacy Policy

Performance Footing ("we," "us," or "our") operates the website PerformanceFooting.com (the "Site"). This Privacy Policy ("Policy") describes the categories of personal information we collect, the purposes for which we use it, the circumstances under which we may disclose it, and the rights and choices available to you under applicable law. It applies to all personal information collected through the Site, by telephone, by email, and through any other channel that references this Policy.

We are committed to protecting your privacy and to processing your personal information in compliance with the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the privacy statutes of all other U.S. states with comprehensive consumer-privacy laws, the European Union General Data Protection Regulation (GDPR), the United Kingdom GDPR and Privacy and Electronic Communications Regulations (UK GDPR/PECR), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), and any other data-protection legislation applicable to our operations.

1. Personal Information We Collect

1.1 Information You Provide Directly

When you place an order, create an account, request a quote, submit a contact form, subscribe to communications, respond to a survey, or otherwise interact with us, you may provide information such as your name, postal address, email address, telephone number, billing and payment-card details, company name, and the content of messages you send us. You are never required to provide this information, but certain services—such as completing a purchase—cannot be fulfilled without it.

1.2 Information Collected Automatically

When you visit the Site, we and our service providers may automatically collect technical and usage data, including your IP address (anonymized where required), browser type and version, operating system, device identifiers, referring URL, pages viewed, time spent on each page, and clickstream data. This information is collected through cookies, server logs, and similar tracking technologies. For a detailed explanation of these technologies and your choices, please refer to our separate Cookie & Tracking Technology Policy available on the Site.

1.3 Information from Third Parties

We may receive information about you from third-party sources such as payment processors, shipping carriers, and analytics providers. We use this information only in connection with the services you have requested or as otherwise described in this Policy.

2. How We Use Your Information

We process personal information only for purposes that are reasonably necessary and proportionate to the services we provide. These purposes include:

• Order Fulfillment & Customer Service. Processing and shipping orders, processing payments, communicating about order status, and providing post-sale support.
• Site Operations & Security. Operating and maintaining the Site, preventing fraud and unauthorized access, enforcing our terms, and ensuring network and information security.
• Analytics & Improvement. Understanding how visitors use the Site so we can improve content, navigation, product offerings, and overall user experience (subject to your consent where required).
• Communications. Sending transactional messages (e.g., order confirmations, shipping notifications) and, with your consent or where otherwise permitted, promotional information about our products, services, or industry content. You may opt out of promotional communications at any time (see Section 6).
• Legal Compliance. Complying with applicable laws, regulations, legal processes, or enforceable governmental requests, and protecting our rights, property, or safety and that of our customers and the public.

3. Disclosure of Personal Information

We do not sell personal information. We do not receive monetary or other valuable consideration in exchange for your personal data, and we do not share personal information with third parties for cross-context behavioral advertising.

We may disclose personal information to the following categories of recipients, solely for the purposes described in this Policy:

• Service Providers. Third parties that perform functions on our behalf—such as payment processing, shipping and fulfillment, web hosting, email delivery, and analytics—under written agreements that restrict their use of your data to the services they perform for us.
• Ground Shapers Builder Network (Construction & Build Leads). If you submit a request for new arena construction or builder referral, your contact information and project details will be shared with Ground Shapers and with one or more independent builders in the Ground Shapers network so that a qualified builder can respond to your project. Ground Shapers is the builder-referral network operated in connection with Performance Footing. The builders within the network are independent contractors who operate their own businesses and contract with you directly. Performance Footing does not employ, supervise, control, or guarantee the work of those independent builders. We share this information only for construction and builder-referral requests, and only with builders relevant to your location and project scope.
• Professional Advisors. Attorneys, accountants, and auditors as necessary for the management of our business.
• Legal & Safety Obligations. When required by law, regulation, court order, or governmental request, or when we believe disclosure is necessary to protect the rights, property, or safety of Performance Footing, our customers, or the public.
• Business Transfers. In connection with any merger, acquisition, reorganization, asset sale, or similar transaction, in which case we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

Except as described above, we do not share, rent, or lease customer lists or personal information to unaffiliated third parties for their own marketing purposes.

4. Your Privacy Rights

Depending on your jurisdiction of residence, you may have some or all of the following rights with respect to your personal information. As of 2026, twenty U.S. states have enacted comprehensive consumer-privacy statutes, and residents of the EEA, UK, Canada, and other regulated jurisdictions hold analogous rights under their respective laws.

4.1 How to Exercise Your Rights

You may submit a verifiable consumer request by emailing privacy@performancefooting.com or by calling 877-835-0878. We will acknowledge your request within ten (10) business days and respond substantively within forty-five (45) calendar days. If additional time is needed, we will notify you of the extension and the reason for it. You may make an access or portability request up to twice in any twelve-month period.

4.2 Verification

To protect your privacy, we must verify your identity before fulfilling a rights request. We will ask you to confirm information we already have on file (such as your email address or order number). We will not require you to create an account in order to submit a request.

4.3 Authorized Agents

You may designate an authorized agent to submit a request on your behalf. We may require the agent to provide proof of written authorization (such as a power of attorney or signed permission) and may separately verify your identity.

4.4 Right to Appeal

If we deny your privacy request, you have the right to appeal that decision. To appeal, contact us at privacy@performancefooting.com with the subject line "Privacy Appeal." We will respond to your appeal within the timeframe required by the applicable state law (generally sixty days). If you are not satisfied with the outcome, you may contact your state attorney general's office.

5. "Do Not Sell or Share My Personal Information"

Performance Footing does not sell personal information, and we do not share personal information with third parties for cross-context behavioral advertising. Nonetheless, we provide the following opt-out mechanisms to ensure full compliance with the CCPA/CPRA and comparable state laws:

• "Do Not Sell or Share My Personal Information" link. Submit a verified opt-out request via our Do Not Sell or Share request form, also linked in the Site footer.
• Global Privacy Control (GPC). We honor the GPC browser signal. As of 2026, twelve or more U.S. states legally require businesses to treat a GPC signal as a binding opt-out. When the Site detects a GPC signal, we automatically suppress any sale, sharing, or targeted-advertising activity for that session without requiring further action from you.
• Opt-out confirmation. In compliance with CCPA regulations effective January 1, 2026, we display a visible confirmation when your opt-out preference signal has been received and processed.

6. Communications & Opt-Out

You may opt out of promotional emails at any time by clicking the "unsubscribe" link at the bottom of any promotional email, by emailing privacy@performancefooting.com, or by calling 877-835-0878. We will process your request within ten (10) business days. Opting out of promotional communications does not affect transactional messages related to your orders, account, or other service-related notices.

6.1 Phone Calls & Text Messages (TCPA)

When you submit a phone number through a form on the Site (such as a quote request, contact form, or chat lead form), you expressly consent to receive calls and text messages from Performance Footing — and, for construction and builder-referral requests, from independent builders in the Ground Shapers network — at the phone number provided, including by means of automated telephone dialing systems and prerecorded or artificial voice messages, regarding your inquiry, quote, order, or project. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. You may opt out of marketing calls or texts at any time by replying STOP to any text message, by emailing privacy@performancefooting.com, or by calling 877-835-0878. Reply HELP for help.

6.2 California "Shine the Light" Disclosure

California Civil Code § 1798.83 ("Shine the Light") permits California residents to request, once per calendar year, information about the categories of personal information (if any) we disclosed to third parties for those third parties' own direct-marketing purposes during the preceding calendar year, together with the names and addresses of those third parties. Performance Footing does not disclose personal information to third parties for their own direct-marketing purposes. California residents may submit a Shine the Light request by emailing privacy@performancefooting.com with the subject line "California Shine the Light Request."

6.3 Notice of Financial Incentive

Performance Footing does not offer financial incentives or price/service differences in exchange for the retention or sale of personal information within the meaning of Cal. Civ. Code § 1798.125(b). From time to time, we may offer customer-loyalty or promotional programs (such as email sign-up discounts or referral credits) that are reasonably related to the value of the consumer data provided. Participation in any such program is always voluntary, requires affirmative opt-in, and may be withdrawn at any time by contacting privacy@performancefooting.com. We will provide a specific Notice of Financial Incentive at the point of enrollment for any program that requires one under applicable law.

7. Cookies and Tracking Technologies

The Site uses cookies and similar tracking technologies as described in our separate Cookie & Tracking Technology Policy, which is incorporated into this Policy by reference. That policy provides detailed information about the categories of cookies we deploy, the legal basis for their use, and the choices available to you, including how to manage or disable cookies through your browser settings and our consent interface.

8. Data Retention

We retain personal information only for as long as reasonably necessary to fulfill the purposes for which it was collected, comply with our legal obligations, resolve disputes, and enforce our agreements. Specific retention periods include:

• Transaction records: Seven (7) years from the date of the transaction, as required for tax and accounting purposes.
• Customer account data: For the duration of your account, plus a reasonable wind-down period after account closure or your last interaction with us.
• Analytics data: Fourteen (14) months from the date of collection, consistent with our Google Analytics 4 retention settings.
• Marketing consent records: For the duration of the consent, plus a retention period sufficient to demonstrate compliance.

When personal information is no longer required, we securely delete or de-identify it.

9. Data Security

We implement and maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, disclosure, alteration, and destruction. These measures include encryption of data in transit using TLS/SSL protocols, access controls that restrict personal-information access to authorized personnel on a need-to-know basis, and regular security assessments of our systems and service providers.

No method of transmission over the Internet or electronic storage is completely secure. While we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security.

10. Children's Privacy

The Site is not directed at individuals under sixteen (16) years of age, and we do not knowingly collect personal information from children. Under the CCPA/CPRA, if we have actual knowledge that a visitor is a minor between thirteen (13) and sixteen (16) years of age, we will not sell or share that individual's personal information without affirmative opt-in consent. For visitors under thirteen (13), verifiable parental or guardian consent is required.

If you believe we have inadvertently collected personal information from a child, please contact us immediately at privacy@performancefooting.com, and we will take prompt steps to delete that information from our systems.

11. Third-Party Links

The Site may contain links to websites operated by third parties. This Policy applies solely to information collected by Performance Footing through the Site. We do not control and are not responsible for the privacy practices or content of third-party websites. We encourage you to review the privacy policies of any external sites you visit.

12. International Data Transfers

If you access the Site from outside the United States, please be aware that your personal information may be transferred to and processed in the United States, where data-protection laws may differ from those of your jurisdiction. Where required by the GDPR, UK GDPR, or other applicable law, we rely on appropriate safeguards—such as standard contractual clauses approved by the European Commission or equivalent transfer mechanisms—to ensure an adequate level of protection for your personal data.

13. Data Breach Notification

In the event of a data breach involving your personal information that poses a risk of harm, we will notify you and the appropriate regulatory authorities in accordance with the timelines and requirements of applicable law. All fifty U.S. states, the GDPR, and the UK GDPR impose breach-notification obligations, and we maintain incident-response procedures designed to meet or exceed those standards.

14. Changes to This Policy

We may update this Policy from time to time to reflect changes in our practices, applicable law, or the services we offer. When we make material changes, we will update the "Effective Date" and "Last Reviewed" dates at the top of this document and post the revised Policy on the Site. For material changes that affect how we process personal information you have already provided, we will provide notice through a prominent Site banner or by email where feasible. Your continued use of the Site after a revised Policy becomes effective constitutes your acknowledgment of the updated terms.

15. Contact Information

If you have questions, concerns, or requests regarding this Policy, our privacy practices, or your rights under applicable law, you may contact us by any of the following means:

• Email: privacy@performancefooting.com
• Telephone: 877-835-0878
• Mail: Performance Footing, 7845 E. Gelding Dr., Suite 103, Scottsdale, AZ 85260

For California residents: You may also contact the California Privacy Protection Agency at cppa.ca.gov or the California Attorney General's office at oag.ca.gov if you believe your privacy rights have been violated.

For EEA and UK residents: You have the right to lodge a complaint with your local data protection supervisory authority.