PRIVACY POLICY
DeFelsko Corporation
Effective Date: Oct. 1, 2026 | Version 2.0
This Privacy Policy describes how DeFelsko Corporation ("DeFelsko," "we," "us," or "our") collects, uses, discloses, and protects personal information in connection with our website at defelsko.com (the "Website"), our software applications PosiSoft Desktop and the PosiTector mobile application (together, the "Software"), and our cloud-based reporting and storage service at PosiSoft.net (the "Service"). The Website, Software, and Service are referred to collectively in this Policy as our "Offerings."
This Policy applies to personal information processed by DeFelsko in connection with our Offerings. It does not apply to information collected by third parties with whom we do not have a contractual relationship, or to information collected through channels outside our Offerings.
This Privacy Policy explains our personal information practices. Use of our Offerings does not, by itself, constitute consent to processing for which applicable law requires consent.
DeFelsko Corporation is the controller responsible for your personal information under applicable data protection laws, including the EU and UK General Data Protection Regulation (together, "GDPR"), the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA"), Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA") and Quebec's Law 25, and other applicable privacy laws.
Our contact details are:
DeFelsko Corporation
Attention: Privacy Contact
800 Proctor Avenue
Ogdensburg, New York 13669, USA
Email: privacy@defelsko.com
Telephone: +1-315-393-4450
The categories of personal information we collect depend on how you interact with our Offerings. This section describes each category, the sources, and how we use it.
The Software (PosiSoft Desktop and the PosiTector mobile application) does not transmit personal information or usage data to DeFelsko during normal use. Crash reports and diagnostic information are handled by your device's operating system (Apple, Google, Microsoft), not by DeFelsko. Those operating system providers handle that information under their own privacy policies.
If you choose to use the Service, the Software transmits your measurement data and related files to your PosiSoft.net account, as described in Section 3.4.
PosiSoft.net stores the following on your behalf:
You control what data is uploaded to the Service. Measurement data and report content are treated as your data; we do not use them for any purpose other than providing and improving the Service to you, except as otherwise permitted by this Policy or applicable law. We may also create and use aggregated or de-identified information derived from this data for research, industry benchmarks, and product or service development, as described in Section 7 of the Software End-User License Agreement, provided the information does not identify you or any individual and its creation and use comply with applicable law.
If you are located in the EEA, the UK, or another jurisdiction that requires identification of a legal basis for processing, the following legal bases and requirements apply, as relevant:
Our Website uses cookies and similar technologies. We use Termly to present cookie choices and manage consent preferences. We use Google Consent Mode to communicate consent choices to Google and adjust the behavior of Google Analytics and advertising tags.
The categories of cookies we use are:
You can review or change your cookie preferences through the Termly consent controls on the Website. You may also contact us at the address in Section 2 for assistance with your choices.
In addition to our Website consent controls, you can manage Google's use of your information across Google services by visiting myadcenter.google.com, and you can opt out of personalized advertising from participating companies at youradchoices.com (US) or youronlinechoices.eu (EU). You can also install the Google Analytics opt-out browser add-on at tools.google.com/dlpage/gaoptout.
Most web browsers allow you to refuse cookies or delete cookies through their settings. Doing so may affect the functionality of the Website.
We share personal information only as necessary for the purposes described in this Policy, with service providers supporting Website hosting, cookie consent management, and online forms, including quote requests, and, where applicable, payment processing, and with the following categories of recipients:
We do not sell personal information for monetary consideration. We do, however, share personal information with Google for advertising purposes as described above. In California and other U.S. states where such transfers are treated as "sharing" or "sale" under applicable privacy laws, this disclosure to Google is subject to applicable opt-out rights, including those described in Appendix D. We do not disclose personal information to any other third party for its own marketing purposes.
DeFelsko is based in the United States, and our Service and most of our processing activities take place in the United States. If you are located outside the United States, your personal information will be transferred to, stored, and processed in the United States.
The United States has data protection laws that differ from those in your country of residence, and U.S. authorities may in some circumstances have access to personal information processed in the United States. Applicable data protection laws may require a lawful transfer mechanism and additional safeguards for certain international transfers.
For questions about international transfers of your personal information, contact us at the address in Section 2.
Depending on your jurisdiction of residence, you have some or all of the following rights with respect to your personal information:
To exercise any of these rights, contact us at the address in Section 2. We will respond to your request within the time required by applicable law (generally one (1) month under GDPR, which may be extended by up to two (2) additional months for complex or voluminous requests. We will inform you of any extension within the first month). Where permitted by applicable law, we may need to verify your identity before processing your request, and we reserve the right to deny requests that we cannot reasonably verify or that are excessive, repetitive, or manifestly unfounded. Sale or sharing opt-out requests do not require identity verification.
You will not be charged a fee for exercising your rights, except where a request is manifestly unfounded, excessive, or repetitive, in which case we may charge a reasonable fee reflecting the administrative costs of compliance or refuse to act on the request, as permitted by applicable law. You will not be discriminated against for exercising your rights.
We retain personal information for as long as necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law. Specifically:
When we no longer have a lawful basis for retention, we will delete or anonymize the information in accordance with our data retention schedule. If deletion is not technically feasible (for example, in secure backup archives), we will securely isolate the information until deletion is possible. Notwithstanding the foregoing, we may retain information to the extent necessary to comply with legal obligations, resolve disputes, enforce our agreements, or protect our legitimate interests.
We maintain administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, alteration, and destruction. These safeguards include encrypted transmission of data between the Software and the Service, password hashing, access controls, and use of reputable hosting infrastructure. No method of transmission or storage is entirely secure, and we cannot guarantee absolute security. DeFelsko shall not be liable for any unauthorized access, use, or disclosure of personal information resulting from circumstances beyond our reasonable control, including but not limited to hacking, cyberattacks, or other criminal activity by third parties.
You are responsible for maintaining the confidentiality of your PosiSoft.net account credentials and for all activities that occur under your account. If you believe your account has been compromised, you must contact us promptly. DeFelsko shall not be liable for any loss or damage arising from your failure to protect your account credentials.
In the event of a security incident that affects your personal information, we will notify you and the relevant authorities to the extent required by applicable law. Nothing in this Policy shall be construed to require notification beyond what is legally mandated.
Our Offerings are intended for professional and business use and are not directed at children. We do not knowingly collect personal information from children under the age of thirteen (13), or under the applicable higher age threshold in any jurisdiction where such a threshold applies (up to sixteen (16) under GDPR as implemented in certain EU member states). If you believe we have inadvertently collected personal information from a child, please contact us and we will take reasonable steps to delete it.
We do not use your personal information to make decisions based solely on automated processing that produce legal or similarly significant effects on you.
We may update this Privacy Policy from time to time in our sole discretion to reflect changes in our practices, our Offerings, or applicable law. When we make a change, we will post the updated Policy on the Website and update the "Effective Date" above. Material changes remain subject to any additional notice or consent required by applicable law. You are responsible for periodically reviewing this Policy to remain informed of any updates.
If you have questions about this Privacy Policy or our privacy practices, or if you wish to exercise any of your rights, please contact us:
Email: privacy@defelsko.com
Postal mail: DeFelsko Corporation, Attention: Privacy Contact, 800 Proctor Avenue, Ogdensburg, New York 13669, USA
Telephone: +1-315-393-4450
Additional Disclosures for Residents of the European Economic Area and Switzerland
This Appendix A supplements the main body of the Privacy Policy and applies to you if you are a resident of a member state of the European Economic Area (EU member states plus Iceland, Liechtenstein, and Norway) or Switzerland.
You have the right to lodge a complaint with a data protection supervisory authority in your country of residence, place of work, or place of the alleged infringement. A list of EU supervisory authorities is available at edpb.europa.eu/about-edpb/about-edpb/members_en. The Swiss Federal Data Protection and Information Commissioner is available at edoeb.admin.ch.
The legal bases and processing requirements are set out in Section 4 of the main Policy.
Transfers of personal data outside the EEA or Switzerland are subject to applicable data protection law, including any requirement for a lawful transfer mechanism and additional safeguards. See Section 7 of the main Policy.
Additional Disclosures for Residents of the United Kingdom
This Appendix B supplements the main body of the Privacy Policy and applies to you if you are a resident of the United Kingdom.
You have the right to lodge a complaint with the UK Information Commissioner's Office (ICO), available at ico.org.uk, or by telephone at 0303 123 1113.
Transfers of personal data outside the United Kingdom are subject to applicable data protection law, including any requirement for a lawful transfer mechanism and additional safeguards. See Section 7 of the main Policy.
Additional Disclosures for Residents of Canada
This Appendix C supplements the main body of the Privacy Policy and applies to you if you are a resident of Canada.
Canadian residents may have rights under PIPEDA and applicable provincial privacy laws. The Office of the Privacy Commissioner of Canada is available at priv.gc.ca.
If you are a resident of Quebec, the following additional information applies:
(a) Person in charge of personal information protection: Privacy Contact, DeFelsko Corporation, privacy@defelsko.com. You may contact this person to exercise your rights or ask questions about our personal information practices.
(b) Automated decision-making: We do not use your personal information to make decisions based exclusively on automated processing.
(c) Transfer outside Quebec: Your personal information is transferred to the United States for storage and processing. Where applicable, Quebec law requires a privacy impact assessment and a written agreement before personal information is communicated outside Quebec or entrusted to a person or body outside Quebec for processing.
(d) Language: You have the right to receive communications from us in French. Vous avez le droit de recevoir nos communications en francais. Pour exercer ce droit, veuillez nous contacter a l'adresse indiquee a la Section 14.
Additional Disclosures for California Residents
This Appendix D supplements the main body of the Privacy Policy and applies to you if you are a resident of California. It is provided in accordance with the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, "CCPA").
In the twelve (12) months preceding the effective date of this Policy, we have collected the following categories of personal information, as defined by the CCPA. For retention periods applicable to each category, see Section 9 (Data Retention) of the main Policy.
We collect account log-in credentials (email address and a password stored in hashed form), which constitute sensitive personal information as defined by the CCPA, for account administration and security as described in Sections 3.1 and 3.4.
The sources and business purposes for collection are described in Sections 3 and 4 of the main Policy.
We share the following categories of personal information with Google for purposes of cross-context behavioral advertising and measurement, which constitutes "sharing" under the CCPA:
We do not sell personal information for monetary consideration. We do not share personal information for cross-context behavioral advertising for any purpose other than the Google Ads activities described above.
As a California resident, you have the right to:
California residents may submit a request to opt out of the sale or sharing of their personal information using the following methods:
To exercise your other CCPA rights (access, deletion, correction), contact us at privacy@defelsko.com or by toll-free telephone at 1-800-448-3835. We will confirm receipt of your request within ten (10) business days and will respond within forty-five (45) days, which may be extended by an additional forty-five (45) days where reasonably necessary. We will verify your identity before processing your request using reasonable methods, which may include requiring you to provide additional information to confirm your identity. We reserve the right to deny requests that we cannot reasonably verify. You may designate an authorized agent to make a request on your behalf, subject to our verification of both the agent’s authority and your identity.
California Civil Code Section 1798.83 permits California residents to request information regarding disclosures of personal information to third parties for their own direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.
Additional Disclosures for Residents of Australia
This Appendix E supplements the main body of the Privacy Policy and applies to you if you are a resident of Australia.
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APPs").
You have the right to access and correct personal information we hold about you, and to complain about our handling of your personal information. Complaints should be sent to the address in Section 14. If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
As described in Section 7, we store and process personal information in the United States. Transfers and disclosures remain subject to applicable requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles.