Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting ("WHY NOT Leadership," "we," "us," or "our") respects your privacy and is committed to protecting the personal information you provide to us.

Apex Performance, LLC does business as WHY NOT Leadership Coaching and Consulting.

This Privacy Policy explains the types of information we may collect, how we use that information, how it may be disclosed, how we protect it, and the choices available to you.

This Privacy Policy applies to information collected through our website, online forms, consultations, coaching relationships, workshops, events, communications, and SMS messaging programs.

1. Information We Collect

Depending on how you interact with WHY NOT Leadership, we may collect information including:

Your name

Email address

Mobile or telephone number

Mailing address

Company or organization name

Job title or professional information

Information you submit through website or registration forms

Appointment and scheduling information

Information related to coaching, consulting, workshops, events, or other services

Communication preferences

Marketing SMS consent status

Non-marketing SMS consent status

SMS opt-in records

SMS opt-out records

Date, time, and method of consent where maintained by our systems

Communications you voluntarily send to us

Payment or transaction-related information when applicable

Website usage and technical information such as browser type, device information, IP address, referring pages, and website activity where applicable

We seek to collect information reasonably related to operating our business, providing services, communicating with you, protecting our systems, and improving your experience.

2. How We Use Personal Information

We may use personal information to:

Respond to inquiries

Schedule appointments and consultations

Provide leadership coaching and consulting services

Facilitate workshops, events, and programs

Communicate regarding services you requested

Send appointment confirmations and reminders

Send scheduling and logistical information

Provide customer service

Deliver educational resources

Maintain business and client records

Process payments where applicable

Improve our website, services, and communications

Send marketing communications where appropriate consent has been obtained

Send non-marketing SMS communications where appropriate consent has been obtained

Maintain records of consent and communication preferences

Prevent fraud, abuse, or unauthorized activity

Protect our legal rights and systems

Comply with applicable legal, regulatory, accounting, and administrative requirements

3. Marketing SMS Communications

If you specifically opt in to receive marketing text messages from Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting, we may send messages concerning:

Special offers

Leadership coaching services

Consulting services

Leadership workshops

Events

Leadership development programs

Educational resources

Service announcements

Business updates

Promotional information

Message frequency may vary. Message and data rates may apply.

You may reply STOP to opt out or HELP for assistance.

Consent to receive marketing SMS communications is not a condition of purchasing goods or services.

4. Non-Marketing SMS Communications

If you specifically opt in to receive non-marketing text messages from Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting, we may send messages concerning:

Appointment confirmations

Appointment reminders

Scheduling or rescheduling

Coaching communications

Consulting engagement communications

Workshop information

Workshop logistics

Service-related updates

Customer service responses

Other communications related to services you requested

Message frequency may vary. Message and data rates may apply.

You may reply STOP to opt out or HELP for assistance.

5. Separate SMS Consent

Marketing and non-marketing SMS consent are collected separately.

You may choose to receive:

Marketing text messages

Non-marketing text messages

Both categories

Neither category

Selecting one type of SMS communication does not automatically provide consent for the other.

Providing your telephone number alone does not constitute consent to receive marketing SMS communications.

Where our website presents SMS consent checkboxes, those selections are optional and are not preselected.

You may submit applicable forms even if you choose not to provide SMS consent.

6. Mobile Information and SMS Consent Privacy

We take the privacy of mobile information and messaging consent seriously.

We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes.

We do not share, sell, rent, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes.

This restriction includes:

Mobile telephone numbers

Marketing SMS consent

Non-marketing SMS consent

SMS opt-in records

SMS opt-out records

Messaging preferences

Information documenting when or how consent was provided

SMS consent is specific to Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting.

Your SMS consent will not be transferred to another company, affiliate, lead generator, or unrelated organization for that entity's marketing or promotional communications.

We may disclose limited mobile information to service providers that perform services on our behalf, including telecommunications providers, SMS platforms, customer relationship management providers, website hosting providers, scheduling platforms, and other technology vendors.

Such information is provided only when reasonably necessary for those providers to perform services for WHY NOT Leadership. These service providers are not authorized to use SMS consent information for their own independent marketing or promotional purposes.

7. How We Share Other Personal Information

WHY NOT Leadership does not sell your personal information.

Outside of the SMS-specific restrictions described above, we may disclose personal information when reasonably necessary to:

Vendors or service providers performing services on our behalf

Payment processors

Scheduling providers

Website and hosting providers

Technology providers

Accounting professionals

Attorneys or other professional advisers

Government agencies or regulatory authorities when disclosure is legally required

Law enforcement where required or permitted by law

Protect the rights, safety, property, or security of WHY NOT Leadership, our clients, or others

Facilitate a legitimate corporate transaction such as a merger, acquisition, restructuring, financing, or sale of business assets, subject to applicable law

Service providers receiving information are expected to process it only for authorized business purposes.

For clarity, nothing in this section permits SMS opt-in information, SMS consent, or mobile telephone numbers to be shared with third parties or affiliates for their marketing or promotional purposes.

8. Cookies and Website Technologies

Our website may use cookies or similar technologies to:

Operate website functionality

Remember preferences

Understand website usage

Measure website performance

Improve the visitor experience

Support legitimate analytics or business operations

You may be able to control cookies through your browser settings.

Disabling certain cookies may affect the functionality of portions of our website.

9. Email Communications

If you receive marketing email communications from WHY NOT Leadership, you may unsubscribe by using the unsubscribe mechanism contained in the applicable email or by contacting us directly.

You may continue to receive transactional, administrative, scheduling, or service-related email communications when reasonably necessary to provide services or respond to your requests.

10. Payment Information

When payments are processed through third-party payment providers, those providers may collect and process financial information according to their own privacy practices.

WHY NOT Leadership may receive transaction information needed to confirm or administer a purchase, but we may not receive or retain complete payment-card information when processing is handled directly by a third-party provider.

11. Data Security

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information against unauthorized access, disclosure, alteration, destruction, or misuse.

No electronic transmission or storage system can be guaranteed to be completely secure. Accordingly, we cannot guarantee absolute security of information.

12. Data Retention

We retain personal information for as long as reasonably necessary to:

Provide requested services

Maintain appropriate business records

Fulfill the purposes described in this Privacy Policy

Comply with legal obligations

Resolve disputes

Enforce agreements

Maintain appropriate consent and opt-out records

SMS consent and opt-out records may be retained as reasonably necessary to document consent and ensure that messaging preferences are honored.

13. Your Communication Choices

You may request changes to certain communication preferences by contacting us.

For SMS communications:

Reply STOP to opt out.

Reply HELP for assistance.

For email marketing communications, use the unsubscribe link included in applicable marketing emails or contact us directly.

14. Access, Correction, and Privacy Requests

Depending on applicable law, you may have rights regarding personal information we maintain about you.

You may contact us to request that we:

Correct inaccurate information

Update certain personal information

Answer questions about how information is used

Modify communication preferences

Consider an applicable deletion or access request

Certain information may be retained when required by law or reasonably necessary for legitimate business, contractual, security, or recordkeeping purposes.

15. Children's Privacy

Our services are primarily intended for adults, professionals, businesses, leaders, and organizations.

We do not knowingly collect personal information from children under the age of 13 through our website or SMS programs.

If we learn that we have collected personal information from a child in a manner inconsistent with applicable law, we will take reasonable steps to delete it.

16. Third-Party Websites and Services

Our website and communications may contain links to websites, tools, platforms, scheduling systems, assessments, or services provided by third parties.

Third-party privacy practices are governed by their own privacy policies.

WHY NOT Leadership is not responsible for the privacy, security, or content practices of third-party websites or services.

17. Business Transfers

If Apex Performance, LLC participates in a merger, acquisition, reorganization, financing, or sale of some or all business assets, certain business information may be transferred as permitted by applicable law.

Regardless of such a transaction, SMS opt-in data and messaging consent may not be used by another party for independent marketing or promotional SMS communications without appropriate consent as required by applicable law and messaging standards.

18. Changes to This Privacy Policy

We may revise this Privacy Policy periodically to reflect changes in our services, technology, business practices, legal requirements, or privacy practices.

When changes are made, the updated Privacy Policy will be posted on our website with a revised "Last Updated" date.

19. Contact Us

If you have questions regarding this Privacy Policy, our use of personal information, or our SMS messaging practices, contact:

Apex Performance, LLC DBA WHY NOT Leadership Coaching and Consulting
Phone: 505-554-3657
Email: [email protected]
Website: www.WHYNOTLeadership.com

Last Updated: September 30, 2026