Privacy Policy
Effective Date: 06/30/2025 Last Updated: 05/26/2026
1. Introduction
At Performance Digital Solutions, your privacy matters. We are committed to safeguarding your personal information and being transparent about how we collect, use, and protect data. This Privacy Policy explains our practices and your rights under laws such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
Controller Information: Performance Digital Solutions LLC is the data controller. "Personal information" refers to data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. If you have questions about this policy or how we handle your personal data, please contact us using the details in the "Contact Us" section.
2. Information We Collect
We may collect and process the following types of personal data:
Contact Information: Name, email address, phone number, company name (CCPA: Identifiers)
Business Information: Industry, website URL, business size (CCPA: Professional or employment-related information)
Technical Information: IP address, browser type, device information (CCPA: Internet or other electronic network activity information)
Usage Data: Interactions with our website and marketing content (CCPA: Internet or other electronic network activity information)
Marketing Data: Preferences, form submissions, survey responses (CCPA: Inferences drawn from other personal information)
Client-Provided Business Assets: When building a website or other deliverable on your behalf, we may collect photos, logos, business descriptions, service details, contact information, hours of operation, and other business content you provide (CCPA: Professional or employment-related information). This content is used solely to build and maintain your deliverable and is not shared with third parties except as necessary to perform the contracted service (e.g., uploading assets to your GoHighLevel sub-account).
AI Receptionist Call Data: When our 24/7 AI Receptionist service is active on your business line, we collect voice call recordings, real-time transcriptions, caller-provided information (such as name, phone number, reason for calling, and appointment preferences), call metadata (date, time, duration, call outcome), and SMS messages exchanged through the AI system. This data is collected on behalf of our clients (businesses) and is used solely to provide and improve the AI Receptionist service.
Much of this information is collected and managed through our CRM and marketing automation platform, GoHighLevel (HighLevel Inc.), either directly from you or automatically through interactions with our website.
Sensitive Personal Information: We do not collect sensitive personal information (such as health data, racial or ethnic origin, religious beliefs, or biometric data) unless explicitly provided by you for a specific service purpose, and only with your explicit consent. If a caller volunteers sensitive information during an AI Receptionist call (e.g., a medical detail), that information may be captured in the call transcript. Clients are responsible for configuring their AI Receptionist to avoid soliciting sensitive data unless legally authorized to do so.
3. How We Use Your Data and Legal Basis for Processing
We use your personal information for the following purposes and legal bases:
Deliver our services (web design, SEO, social media, audits, AI Receptionist): Contractual obligation
Improve our services: Legitimate interest
Communicate with you and manage client relationships: Contractual obligation
Provide insights, reports, and updates: Legitimate interest (documented via Legitimate Interest Assessment)
Send marketing communications: Consent (granular and verifiable)
Maintain records for compliance and customer service: Legal obligation or legitimate interest
Analyze usage for performance and optimization: Legitimate interest
Process and transcribe AI Receptionist calls: Contractual obligation (on behalf of client businesses); legitimate interest (service improvement using anonymized data)
Route calls, qualify leads, and book appointments via AI: Contractual obligation
Generate call summaries and notify client businesses of caller inquiries: Contractual obligation
Data Processing & AI Tools: When we use GoHighLevel to process your data, Performance Digital Solutions remains the data controller, and GoHighLevel acts as our data processor, handling your information only under our instruction and never for their own purposes. Our AI Receptionist service uses artificial intelligence, including large language model (LLM) and speech-to-text technologies provided by vetted third-party sub-processors, to answer calls, transcribe conversations, and qualify leads. Neither we nor our sub-processors use your personal data to train generalized AI or machine learning models without explicit consent.
We do not use personal data for automated decision-making that produces legal or similarly significant effects on individuals.
4. AI Receptionist — Call Recording, Transcription & Caller Notice
4a. Call Recording and Transcription
When a caller contacts a business using our 24/7 AI Receptionist service, their call may be recorded and transcribed by our AI system. Recordings and transcripts are used to:
Deliver the AI Receptionist service (answering calls, capturing leads, booking appointments)
Generate summaries and notifications for the client business
Improve call quality and AI accuracy (using anonymized or aggregated data only)
Maintain records for dispute resolution and compliance purposes
4b. Caller Consent and Notice
Notice to Callers: Businesses that deploy our AI Receptionist are required to notify callers that they are interacting with an AI system and that their call may be recorded. This notice is typically delivered via an automated greeting at the start of each call. By continuing the call after the notice, callers consent to the recording and AI processing of their conversation.
State-Specific Recording Laws: Call recording laws vary by jurisdiction. Many U.S. states, including California, require all-party consent before recording a phone call. Our AI Receptionist system is configured to deliver a consent notice at the start of every call. Client businesses are responsible for ensuring their deployment complies with applicable state and federal call recording laws, including but not limited to:
Federal: Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2511
California: California Penal Code § 632 (all-party consent required)
Other all-party consent states: Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, Washington, and others
Performance Digital Solutions provides a standard disclosure script; however, the legal responsibility for ensuring caller consent rests with the client business deploying the service.
4c. AI Interaction Disclosure
Callers interacting with our AI Receptionist are entitled to know they are speaking with an automated AI system, not a human. Our default configuration includes an upfront AI disclosure. Client businesses must not disable or remove this disclosure. If a caller directly and sincerely asks whether they are speaking with a human or an AI, the system is configured to truthfully identify itself as an AI.
4d. Call Data Retention
Call recordings and transcripts are retained for a default period of 12 months from the date of the call, unless a shorter or longer period is specified in the client service agreement or required by applicable law. After the retention period, recordings and transcripts are securely deleted or anonymized. Clients may request earlier deletion of specific call records by contacting us at privacy@performancedigitalsolutions.com.
4e. Caller Rights Regarding Call Data
Callers who wish to access, correct, or request deletion of their personal data captured during an AI Receptionist call may contact the client business directly or contact Performance Digital Solutions at privacy@performancedigitalsolutions.com. We will work with the applicable client business to fulfill such requests within the timeframes specified in Section 6.
5. Sharing Your Data
We do not sell your personal information for monetary compensation or otherwise. We may share your data with:
Service Providers:
GoHighLevel (HighLevel Inc.) – our CRM and marketing automation platform
Google Ads, Meta Ads, SEMrush, Webflow, and Framer
AI Receptionist Sub-Processors: Speech-to-text providers, large language model (LLM) providers, and telephony infrastructure providers used to operate the AI Receptionist service. These providers process call audio and transcripts solely to deliver the service and are bound by data processing agreements that prohibit use of call data for any other purpose, including AI model training.
All providers are bound by data protection agreements and operate as service providers under CCPA/CPRA.
Legal Requirements and Other Limited Disclosures: We may disclose your data to comply with legal obligations or protect our legal rights. We may also share data:
With affiliates or subsidiaries, if applicable
In aggregated or anonymized form
With professional advisors (e.g., legal counsel, accountants), under confidentiality agreements
With client businesses: Call recordings, transcripts, summaries, and caller-provided information are shared with the client business on whose behalf the AI Receptionist is deployed. Callers are informed of this sharing via the call disclosure notice.
6. Cookies and Tracking Technologies
We use cookies and similar technologies for:
Essential site functions
Usage analytics
Marketing optimization
Cookies are small text files placed on your device to help remember your preferences, analyze site usage, and deliver relevant ads.
When using GoHighLevel pages or forms, a cookie banner may appear. You can manage preferences through browser settings.
7. Your Data Rights
Subject to your location, you have the right to:
Access, update, or delete your data
Object to or limit certain uses
Withdraw consent
Request a copy of your data (portability)
File a complaint with a data protection authority
How to exercise your rights: Email us at privacy@performancedigitalsolutions.com. We may use GoHighLevel to facilitate and document your request. We may also require you to verify your identity before fulfilling your request.
Response Timeline: We will respond within 30 days (GDPR) or 45 days (CCPA), unless legally extended.
EU Residents: You may contact the relevant data protection authority. For example: The Information Commissioner's Office (ICO) Website: https://ico.org.uk Phone: +44 303 123 1113 Address: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, UK
8. Email & Consent Management
Opt-in Consent: Collected using GDPR-compliant forms via GoHighLevel
Double Opt-in: Enabled for certain forms to confirm intent
Unsubscribe: All emails include a link to opt out of future messages
This section primarily applies to marketing communications. You may still receive essential service-related communications even if you unsubscribe from marketing emails.
9. Data Security & Retention
We protect your data through industry-standard measures such as:
Encryption (in transit and at rest)
Access controls and role-based permissions
Firewalls and intrusion detection
Secure, access-logged storage of call recordings and transcripts
Users are responsible for protecting their login credentials and should notify us immediately of any suspicious activity.
Data Retention: We retain your personal data only as long as necessary for:
Providing our services
Fulfilling contractual or legal obligations
Resolving disputes or enforcing agreements
Typical retention periods may range from 12 to 36 months depending on the data type and applicable law. Call recordings and transcripts are retained for 12 months by default (see Section 4d). Internally, we maintain a data retention schedule. Data may be anonymized for long-term analysis.
10. International Transfers
If you are located outside the United States (e.g., in the EU or UK), your data may be transferred to and processed in the U.S. via services like GoHighLevel. GoHighLevel is certified under the EU-U.S. Data Privacy Framework, ensuring compliant data transfers in accordance with GDPR.
If other international transfers occur, we will rely on additional safeguards such as Standard Contractual Clauses (SCCs).
11. Children's Privacy
We do not knowingly collect or process personal information from children under 16. If we discover such data has been collected, we will delete it immediately. Please contact us at privacy@performancedigitalsolutions.com if you believe a child under 16 has provided us with personal data.
12. Third-Party Links
Our website and communications may contain links to third-party websites or services. We are not responsible for the privacy practices or content of those external providers.
13. Business Transfers
In the event of a merger, acquisition, or other change of control, your data may be transferred to the acquiring entity. You will be notified of any such changes.
14. Policy Updates
We may update this Privacy Policy periodically. Material changes will be communicated via email and/or a prominent notice on our website. Continued use of our services after such updates signifies your acceptance of the revised terms. If changes materially alter how we use or share personal data collected on the basis of consent, we will re-obtain consent where required.
CCPA Notice: This policy is reviewed and updated at least once every 12 months.
15. Social Media Integrations and Logins
If you choose to connect your account with a social media platform (such as Facebook or Google), we may receive certain information from that platform—as permitted by your privacy settings and the platform's terms. This information may include:
Your name
Email address
Public profile information
We use this data to:
Facilitate account creation
Authenticate your identity
Enhance your user experience with personalized features or content
Please note that your interactions with social media platforms are governed by their respective privacy policies and terms of service. You can often manage the information shared with us by adjusting your privacy settings on the respective social media platform.
16. California Consumer Privacy Act (CCPA) Disclosures
Notice at Collection: We collect personal information for the purposes described above. The categories of information collected include: identifiers, professional or employment-related information, internet or network activity, audio/electronic data (call recordings and transcripts, where applicable), and inferences drawn. Data is retained according to the criteria outlined in Section 9.
Do Not Sell or Share: We do not sell or share personal information as defined under CCPA and CPRA. However, you may still exercise your right to opt-out via the following link: Opt-Out form
Categories Sold/Shared in the Last 12 Months: We confirm that we have not sold or shared personal information in the past 12 months.
17. Voluntary vs. Mandatory Data Provision
Where we request personal data, we will indicate whether the information is mandatory or voluntary. Failure to provide required data may result in our inability to provide certain services or communications.
18. Data Sharing
Customer data is not shared with third parties for promotional or marketing purposes.
Mobile opt-in and consent data are never shared with anyone for any purpose. Any data sharing mentioned elsewhere in this policy excludes mobile opt-in data.
Call recordings and transcripts collected through the AI Receptionist service are shared only with the client business on whose behalf the call was handled, and with sub-processors strictly necessary to deliver the service. They are never used for advertising or sold to third parties.
19. Messaging Terms and Conditions
By providing your phone number and agreeing to receive texts, you consent to receive text messages from Performance Digital Solutions LLC at (877) 438-7371 regarding account notifications, customer care, delivery updates, and occasional marketing. Consent is not a condition of purchase. Message frequency may vary. Message and data rates may apply.
Reply STOP to unsubscribe at any time or HELP for assistance. You can also contact us at (877) 438-7371 or privacy@performancedigitalsolutions.com. Mobile opt-in information is never shared with third parties.
AI Receptionist SMS: Our AI Receptionist may send automated SMS messages to callers (e.g., appointment confirmations, follow-up messages) on behalf of client businesses. These messages are sent only to callers who have provided their phone number during an AI Receptionist interaction. Recipients may opt out at any time by replying STOP.
20. Contact Us
For privacy-related questions or requests, contact:
Performance Digital Solutions 2831 Saint Rose Parkway, Suite 200 Henderson, NV 89052-4841
