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Last modified: 10/28/2021

Last reviewed: 10/28/2021

O.Berk Company, L.L.C., including its affiliated companies O.Berk Company of New England, LLC and Kols Containers, Inc. (collectively “O.Berk®” or “We”), respects your privacy and endeavors to protect it through our compliance with the practices described in this notice.

This notice describes our practices for collecting, using, maintaining, protecting, and disclosing the personal information we may collect from you or that you may provide when you visit our websites, https://www.oberk.com/ and https://www.bottlestore.com/, or other digital properties, communications, or forms that link or refer to this notice (our “Website”). This notice applies to the personal information collected through our Website, regardless of the country where you are located.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy notice of every website you visit.

Please read this notice carefully to understand our policies and practices for processing and storing your personal information. For employees and/or independent contractors, this notice may also be supplemented by internal privacy notices or information policies. For individuals other than employees and independent contractors: By engaging with our Website, you accept and consent to the practices described in this notice. This notice may change from time to time (see Changes to Our Privacy Notice). Your continued engagement with our Website after any such revisions indicates that you accept and consent to them, so please check the notice periodically for updates.

Information We May Collect About You

We collect and use different types of information from and about you including:

• Personal Information that we could reasonably use to directly or indirectly identify you, such as your first name, last name, shipping address, billing address, payment card information, email address, company name or website, job title, and password, or any other identifier we may use to contact you online or offline (“personal information”).
• Non-personal information that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, statistics, aggregated information, information about your industry, annual packaging purchase volume, or current projects. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature.
• Technical information, including the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform.
• Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs) clickstream to, through, and from our Website (including date and time); page response times; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs); methods used to browse away from the page; or any phone number used to call our customer service number.

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by corresponding with us by phone, email, or otherwise. This includes information you provide when you create an account, search for a product, place an order, subscribe to our emails, provide feedback, or when you report a problem with our Website. This also includes information that employees or others may provide for human resources, employment, benefit administration, health and safety, and business-related purposes.

  You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.

• Automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, and other similar technologies (see Cookies and Automatic Data Collection Technologies).

• Third parties or publicly available sources. We may receive information about you if you visit other websites employing our cookies or from third parties including, for example, business partners; technical, payment and delivery service providers and subcontractors; advertising networks; credit reference agencies; data brokers; analytics providers; search information providers; or aggregators. For employees/applicants, we may receive information about you from job search websites, employment agencies; companies that perform background checks;or references.

Our Website uses cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other Website users. This helps us deliver a better and more personalized service when you browse our Website. It also allows us to improve our Website by enabling us to:

• Estimate our audience size and usage patterns
• Store your preferences so we may customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For information on how you can opt out of behavioral tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking, see Your Personal Information Use Choices.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Website may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.

For information about managing your cookie privacy and security settings, see Your Personal Information Use Choices.

Our Website pages and emails may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Website content popularity or verifying system and server integrity.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website are served by third parties, including ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. They may associate the information collected with your personal information or they may collect information, including personal information, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Personal Information Use Choices.

How We Use Your Personal Information

• Present our Website and provide you with the information, products, services, and support that you request from us.
• Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, or comply with legal requirements.
• Fulfill the purposes for which you provided the information or that were described when it was collected.
• Notify you about changes to our Website, products, or services.
• Ensure that we present our Website content in the most effective manner for you and for your device.
• Administer our Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.
• Improve our Website, products or services, marketing, or customer relationships and experiences.
• Protect our Website, employees, or operations.
• Measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
• Make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.

We may also use personal information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your data in this way, please see Your Personal Information Use Choices for opt-out procedures.

We may use non-personal information for any business purpose. For information on how we use employee/applicant personal information, see Use and Disclosure of Employee/Applicant Personal Information.

Disclosure of Your Personal Information

• Any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, and our affiliates.
• Business partners, suppliers, service providers, sub-contractors, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization). We contractually require these third parties to keep that personal information confidential and use it only for the contracted purposes.
• To fulfill the purpose for which you provide it.
• For any other purposes that we disclose in writing when you provide the data.
• Credit reference agencies when required to assess your credit score before entering into a contract with you.
• With your consent.

• In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
• To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal information we hold.
• To comply with any court order, law, or legal process, including responding to any government or regulatory request.
• To enforce or apply our terms and conditions, found at https://www.oberk.com/termsandconditions, and other agreements.
• To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.

We may share non-personal information without restriction. For information on how we use employee/applicant personal information, see Use and Disclosure of Employee/Applicant Personal Information.

Use and Disclosure of Employee/Applicant Personal Information

• Comply with all applicable laws and regulations.
• Recruit and evaluate job applicants and candidates for employment.
• Conduct background checks.
• Manage your employment relationship with us, including for:
  • onboarding processes;
  • timekeeping, payroll, and expense report administration;
  • employee benefits administration;
  • employee training and development requirements;
  • the creation, maintenance, and security of your online employee accounts;
  • reaching your emergency contacts when needed, such as when you are not reachable or are injured or ill;
  • workers’ compensation claims management;
  • employee job performance, including goals and performance reviews, promotions, discipline, and termination; and
  • other human resources purposes.
• Manage and monitor employee access to company facilities, equipment, and systems.
• Conduct internal audits and workplace investigations.
• Investigate and enforce compliance with and potential breaches of O.Berk® policies and procedures.
• Maintain commercial insurance policies and coverages, including for workers’ compensation and other liability insurance.
• Perform workforce analytics, data analytics, and benchmarking.
• Administer and maintain O.Berk®’s operations, including for safety purposes.
• For client marketing purposes.
• Exercise or defend the legal rights of O.Berk® and its employees, affiliates, customers, contractors, and agents.

Consent to Personal Information Transfer

We are based in the United States. We may process, store, and transfer the personal information we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own.

By submitting your personal information or engaging with our Websites, you consent to this transfer, storing, or processing.

Your Personal Information Use Choices

This section does not apply to employee personal data. For employees and/or independent contractors, this notice may also be supplemented by internal privacy notices or information policies that provide you with choices about how we may use your personal information.

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising. We have established the following personal information control mechanisms:

• Promotional Offers from the Company and its Affiliates. If you do not want us to use your email address or contact information to promote our own products and services, you may send us an email with your request to Info@oberk.com. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt out does not apply to information provided to O.Berk® as a result of a product purchase, product service experience, or other transactions.

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Learn how to manage the cookies in your browser below:
  • Chrome (desktop) (mobile).
  • Safari (desktop) (mobile).
  • Firefox (desktop) (Android).
  • Android Browser: Click on top right corner of the app (labeled with “More” or three dots) -> Settings -> Privacy
  • Opera (desktop and mobile).
  • Silk (mobile).

  If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about tracking technologies, please see Cookies and Automatic Data Collection Technologies.

• Opting Not to Register or Provide Personal Information. If you choose not to register or provide personal information, you can still visit most areas of the Website; however, you will not have access to areas that require personal identification.

Our Website may, from time to time, contain links to and from the websites of our partner networks and affiliates, or include plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these third parties. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, Disqus and other third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Our Website is not designed to respond to “do not track” signals received from browsers.

California residents may have additional personal information rights and choices. Please see the California Privacy Policy Section for more information.

Accessing and Correcting Your Personal Information

For access or correction requests or to delete personal information that you have provided to us, please send us a request via email to Info@oberk.com. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or negatively impact the information’s accuracy.

Jurisdiction Specific Rights

California Privacy Policy

In addition to disclosures made elsewhere in this Privacy Policy, California law requires us to disclose certain information related to our privacy practices. This Section of our Privacy Policy (“California Privacy Policy”) serves to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Section.

Our California Privacy Policy supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”).

This California Privacy Policy applies to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. However, please note, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) and workforce personal information from some of its provisions.

How We Collect Information

In the past twelve (12) months, we have collected information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“CCPA Personal Information”). In particular, in the past twelve (12) months, we have collected identifiers, personal information categories listed in the California customer records statute, Cal. Civ. Code § 1798.80, protected classification characteristics under California or federal law (employees only), commercial information, biometric information (voiceprints and keystroke data), internet or other similar network activity, geolocation data, sensory data (employees only), professional or employment-related data, non-public education information per the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g, 34 C.F.R. Part 99 (employees only), and inferences drawn from other personal information. In the How We Collect Data About You above, we describe the categories of sources from which we collect CCPA Personal Information.

How We Use and Share Information

In the How We Use Your Personal Information Section above, we describe how we’ve used CCPA Personal Information in the past twelve (12) months.

Business Purposes Disclosures

In the preceding twelve (12) months, we have disclosed CCPA Personal Information for a business purpose to the categories of third parties indicated in the chart below.

Personal Information Category

Business Purpose Disclosures to Vendors, Service Providers, Contractors, and Subcontractors

Identifiers California Customer Records Protected Classification Characteristics Under California or Federal Law (employees only) Commercial Information Internet Activity Biometric Data (voiceprints and keystroke data) Geolocation Data Sensory Data (employees only) Professional or Employment-Related Information Non-Public Education Information Per the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g, 34 C.F.R. Part 99 (employees only) Inferences Drawn from Other Personal Information

Shipping and handling. Tax compliance. Payment services. Document and project management. Records management. Consulting. Backup data storage. Hiring and retaining employees. Credit checks in limited situations.

Right to Know and Data Portability

California consumers have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “Right to Know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources of the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• If we disclosed your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a “Data Portability” request).

Right to Delete

California consumers have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “Right to Delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We will delete from our records or deidentify personal information not subject to a lawful exception and will direct our service providers to take similar action.

Right to Opt-Out of Sale

We do not sell any personal information.

Non-discrimination

Subject to some exceptions, California consumers have the right not to be discriminated against based on the consumer’s refusal to provide a business with personal information, including:

• Denying goods or services.
• Charging (or suggesting you may receive) different prices for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Providing (or suggesting you may receive) a different level or quality of goods or services.

Exercising Your Right to Know or Delete

To exercise your rights to know, including your right to request data portability, or delete described above, please submit a request by either:

• Calling us at (+1) 800 631 7392.
• Emailing us at Info@oberk.com.

Only you, or someone legally authorized to act on your behalf (“Authorized Agent”), may make a request to know or delete related to your personal information.

You or your Authorized Agent may only submit a request to know twice within a 12-month period. Your request to know or delete must:

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
• Provide sufficient information, which will likely need to match information we previously collected from you, that allows us to reasonably verify you are the person about whom we collected personal information or the Authorized Agent of that person. In some instances, we may ask you to provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. For requests seeking particularly sensitive information, we may require additional proof of identification.

If you designate an Authorized Agent to make a request under the CCPA, to verify that an Authorized Agent has authority to act for you, we may require:

• A copy of a power of attorney or require that you provide the authorized agent with written permission.
• You to verify your own identity with us directly.

We may deny requests from Authorized Agents that do not submit proof of authorization from you.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it, except for record-keeping purposes.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact:

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Data Security

The security of your personal information is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal information from loss, misuse, and unauthorized access, use, alteration, or disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to take care when providing information in public areas of the Website like comment threads, which any Website visitor can view.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

Children’s Online Privacy

We do not direct our Website to minors and we do not knowingly collect personal information from children under 16 or as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received personal information from a child without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us at Info@oberk.com.

Changes to Our Privacy Notice

We will post any changes we may make to our privacy notice on this page. Please check back frequently to see any updates or changes to our privacy notice.

Contact Information

Please address questions, comments, and requests regarding this privacy notice and our privacy practices to: