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Last updated: October 22, 2025

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

This Privacy 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 or otherwise use our websites, https://www.oberk.com/ and https://www.bottlestore.com/, and other digital properties that we operate which link or otherwise incorporate by reference this Privacy Notice (collectively, our “Website”) (including information provided by phone, e-mail, or other forms of correspondence in connection with your use of or access to our Website).

Capitalized terms used but not defined in this Privacy Notice have the definitions provided in our Terms of Use, located at https://oberk.com/terms-of-use , ("Terms"), which is incorporated by reference herein. Provisions within the Terms may affect this Privacy Notice with respect to your use of the Website, so please review the Terms prior to using the Website. This Privacy Notice applies to the personal information that we collect or process through our Website, regardless of the country where you are located.

Please read this Privacy Notice carefully to understand our policies and practices for processing and storing your personal information. By engaging with our Website, by creating an account on our Website, or by checking a box to indicate your consent to this Privacy Notice, you accept and consent to the practices described in this Privacy Notice, including the deployment of cookies, pixels, and similar third-party tracking technologies for the purposes described herein. Further, you acknowledge and confirm that you have permission to provide us with all personal information submitted. If you do not agree with this Privacy Notice or our Terms, please do not access, use, or register for an account on the Website.

If you are a California resident or reside internationally, you may have additional privacy rights. For more information, please refer to the section titled “California Consumer Privacy Notice Addendum” or “International Privacy Policy Addendum” for more information.

This Privacy 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 Privacy 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 could reasonably be used to identify you, or which relates to you as an identifiable individual, whether directly or indirectly, in the following categories:

• Identifying information, such as your first name, last name, shipping address, billing address, email address, company name or website, job title, and password, or any other identifier we may use to contact you online or offline. Note that when you make a purchase through our Website, all payments are processed through third-party payment processors. We do not store payment card information, beyond such information as necessary to process your transaction. We do not share your personal and financial information with any third parties, except as specified in this Privacy Notice.
• 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.
• Details about your Website interactions which are associated with a user identifier, which may include 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.

• 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. Such information is not considered personal information under this Privacy Notice.

Note that 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. Statistical or aggregated data cannot be used to identify you, directly or indirectly, and is not personal information subject to this Privacy Notice. We use such aggregated data to maintain and operate the Website, to improve the quality of the Website, to create new services and features, and for further internal, commercial and statistical purposes. We might also share such data with third parties if the data has been de-identified or aggregated in a way so it cannot be used to identify you.

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 on our Website 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.

  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, such as through reviewing our products (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. You should exercise discretion with regard to what personal information you post on public areas of our Website and you should not post highly confidential or sensitive information. O.Berk® is not responsible for how third parties who view your personal information on these public areas of the Website may use this information.

• 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; analytics providers; search information providers; or aggregators. We encourage you to review the privacy policies and settings of any third-party services with which you interact to help you understand their privacy practices.

• Business to Business Transactions. Many of the transactions and interactions on our Website are business-to-business (B2B) in nature. However, we may collect certain personal information about individuals involved in these transactions. This may include, but is not limited to, names, business contact details (such as email addresses and phone numbers), job titles, and other information necessary to facilitate communication and provide our products. To the extent applicable, we treat this personal information in accordance with applicable privacy laws and this Privacy Notice.

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 may use the following cookies for the purposes set out below:

• Strictly Necessary Cookies: These cookies and scripts are essential for enabling a user to move around the Website and use its basic features, such as accessing secure areas of the Website, opening navigation, and displaying content.

• Analytics Cookies: These cookies and scripts are not essential to the functioning of the Website but are used to identify (in aggregate) how visitors use the Website, which pages are most popular, where traffic originates from, and how long visitors spend on each page of the Website. These cookies may also track system health, identifying technical issues with the Website, and reporting errors to the Website owners.

• Personalization Cookies: These cookies and scripts allow the Website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features.

• Marketing Cookies: These cookies and scripts allow for the delivery of advertisements more relevant to you and your interests. They may also be used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign.

Where permitted by applicable law, 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).If you do not want to allow for the use of cookies or other technologies, you can generally opt out by setting browsers to reject cookies or via our cookie manager popup on the Website. You may also disable cookies in your web browser and delete cookies from your computer at any time using the cookie settings feature, or by changing the settings on your internet browser to reject cookies. Please be aware that disabling cookies may limit the functionality of the Website, reduce our ability to provide customized content and impact your overall experience when visiting the Website. Unless you have adjusted your settings so that it will refuse cookies, our system prompts you to accept cookies when you direct your browser to our Website.

We shall not be liable for any interruption in, or inability to use, the Website or our services or degraded functioning thereof, where such are caused by your settings and choices regarding cookies.

Further, our Website’s 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, assist with our search bar functionality, or to compile other similar statistics such as recording Website content popularity or verifying system and server integrity.

By using this Website, unless you select otherwise via our cookie manager on the Website or otherwise set your browser to deny such technology, you consent to our use of these tracking technologies as described above.

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

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. These third parties include, but are not limited to, Google Analytics and Meta Pixel. Meta Pixels are a snippet of JavaScript code that allows us to track our Website user’s activity on our Website. Google Analytics is a web analytics website offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google Websites. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt out of having made your activity on the Website available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visit activity. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page https://policies.google.com/privacy?hl=en.

We do not control these third parties' tracking technologies or how they may be used.

By using our Website, (a) you acknowledge and agree that we may provide your personal information to such third parties to enable us to provide the Website to you, and (b) without limiting the Terms and this Privacy Notice, you may be subject to the terms of service with respect to your use of such third-party services. If you have any questions about an advertisement or other targeted content, you should contact the provider responsible directly.

We are not responsible for the privacy practices for any external third parties.

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.
• Test, research, analyze, and develop current and new products and services, and otherwise develop and improve our Website, products or services, marketing, or customer relationships and experiences.
• Maintain the safety, security, and integrity of our Website, services, databases, other technology assets, and business.
• 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.
• Otherwise process your personal information on the terms described to you at the time that your personal information was collected, or as otherwise set forth in this Privacy Notice.

Where permitted by applicable laws, we may also use personal information to contact you about our 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.

Disclosure of Your Personal Information

• Any O.Berk® affiliate.
• Business partners, suppliers, vendors, 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.

• 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.bottlestore.com/terms-and-conditions-bottlestore and https://www.oberk.com/termsandconditions, our Terms of Use, found at https://mcstaging.bottlestore.com/bottlestore-terms-of-use-draft and https://oberk.com/terms-of-use, 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.

Your Personal Information Use Choices

• Promotional Offers from the Company and its Affiliates. When you create an account with us, or otherwise provide us with your contact information, we may send you notices about the Website or O.Berk® by e-mail, by phone, and otherwise using the contact information that you have provided, including updates, news, and marketing messages, and notices required by law. 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. Please remember that even if you opt out of receiving marketing e-mails, we may still send you important service information related to your account and the Website. Further, if you correspond with us by email, we may retain the content of your email messages, your email address, and our responses, in accordance with applicable laws.

• 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. In addition to the methods above, Disqus and other third parties may provide you with ways to choose not to have your personal 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.

  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. Further, depending on the cookie functionality choices you make, some personal information (such as IP addresses) may be collected when utilizing the Website.

• Opt-out Browser Signals. Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. We do not honor DNT signals such as Global Privacy Control as a valid request to opt-out of the sharing of information linked to your browser or the device that you use to access our Website. Please be aware, however, that opt-out preference tools are limited to the browser or device you are using.

• Requests to Access and Correct 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 or otherwise in our sole discretion unless required to comply with such request under applicable law.

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 personal 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.

We will retain your personal information for as long as needed to provide you with our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies in accordance with applicable laws. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.

Children’s Online Privacy

We do not direct our Website to minors and we do not knowingly collect personal information from children under 16. 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 (866) 289-2857.

Changes to Our Privacy Notice

We reserve the right to revise this Privacy Notice from time to time in our sole discretion. We will post any changes we may make to our Privacy Notice on this page, and may otherwise notify you of such changes by such means as we deem appropriate, such as by sending you an email to your account email address. Any such changes will be effective upon the date stated in our notice to you. Please check back frequently to see any updates or changes to our Privacy Notice. Your continued use of the Website after the effective date of the revised Privacy Notice posted above will constitute your acceptance of the revised terms.

Contact Information

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

Toll-Free Phone: (866) 289-2857

Email: Info@oberk.com

Postal Address: 3 Milltown Court, Union NJ 07083

Website URL: https://www.oberk.com/.

 

 

California Consumer Privacy Notice Addendum

Overview

This California Consumer Privacy Notice (“California Notice”) supplements the information contained in our Privacy Notice and is adopted to comply with the California Consumer Privacy Act (including the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”) and applies solely to visitors, users, and individuals who reside in the State of California (“consumers”). Any terms or analogous terms defined under CCPA have the same meaning when used in this California Notice. All other capitalized terms shall have the same meaning as those designated in the Privacy Notice. This California Notice explains how we collect, use, disclose and retain personal information and how consumers may exercise their rights under applicable CCPA.

How We Collect Information

In the twelve (12) months preceding the “Last Updated” date of this California Notice, we have collected or processed personal 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, as described below. Additionally, in the preceding twelve (12) months, we have disclosed such personal information for the business purposes indicated in the chart below.

Category	Examples	Collected (All Users)	Business Purpose
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.	YES	To process and fulfill your transactions; To verify your information; To allow you to comment on or provide feedback or suggestions about our products or services; To respond to your requests, comments and questions and provide customer service; To communicate with you about products, services, offers, promotions, rewards, and events offered by O.Berk® and others, and provide news and information we think will be of interest to you; To send you technical notices, updates, security alerts and support and administrative messages; To maintain the security and integrity of the website and Services; To offer, process, and deliver promotions and rewards; For other business purposes described in this California Notice or our Privacy Notice.
B. Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, address, telephone number, credit card number, debit card number, or other similar financial information. Some information about you included in this category may overlap with other categories.	YES	To monitor and analyze trends, usage and activities in connection with our Website; To help understand customer needs and improve our products and services; and For other business purposes described in this California Notice or our Privacy Notice.
C. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	To process and fulfill your transactions; To verify your information; To allow you to comment on or provide feedback or suggestions about our products or services; To respond to your requests, comments and questions and provide customer service; To communicate with you about products, services, offers, promotions, rewards, and events offered by O.Berk® and others, and provide news and information we think will be of interest to you; To maintain the security and integrity of the Website; Data analytics; Targeted advertising; and For other business purposes described in this California Notice or our Privacy Notice.
D. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	To verify your information; To maintain the security and integrity of the Website; Data analytics; Targeted advertising; and For other business purposes described in this California Notice or our Privacy Notice.
E. Geolocation data.	Physical location or movements.	YES	To verify your information; To maintain the security and integrity of the Website; Data analytics; Targeted advertising; and For other business purposes described in this California Notice or our Privacy Notice.

We do not collect or use sensitive personal information for targeted advertising at this time, nor do we process personal information for automated decision-making purposes. If we begin to do so, however, you will also have the right to restrict the use of that sensitive personal information for targeted advertising, and to restrict or opt out of the sale of that personal information or the processing of your personal information for automated decision-making purposes.

Categories of third parties with whom we disclose personal information

We disclose the categories of personal information outlined above to affiliates, certain service providers or other third parties for business purposes, to provide our products and services, or for other purposes as provided by applicable law. This includes to:

• service providers to support business operations or provision of services;
• information technology, software, and cloud providers, security providers, and similar services in connection with providing services and in the support of daily operations;
• service providers to develop, operate, and maintain our Website;
• service providers for marketing purposes;
• our employees, affiliated companies, contractors, agents and third-party vendors to perform services related to your account, to offer our products and services, and for business operations.
• government agencies or regulatory bodies to fulfill legal obligations;
• a buyer, investor or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including potentially as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred or to third parties in connection with our acquisition of other entities;
• law enforcement or government officials;
• any other entity disclosed by us when you provide the information, or for which you provide authorization; or
• third party fraud prevention and credit risk reduction companies and organizations.

“Sale” and “Sharing” of Information About You

In the twelve (12) months preceding the date on which this California Notice was last revised, we have not “sold” personal information; however, we have processed personal information for targeted advertising purposes – namely, showing advertisements to you based on your activities over time and across nonaffiliated websites or online applications. This processing of personal information for targeted advertising may constitute a “sale” or “sharing” under specific CCPA . The categories of personal information that we have used for targeted advertising, and the third parties to whom that information was disclosed, are shown below:

Category of information about you	Examples	Shared With (Service Provider, Business Partners, or Other)
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.	Service providers, advertising and marketing partners.
C. Commercial information.	Records of products or services that you have purchased, considered, or otherwise used on our Websites.	Service providers.
D. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Service providers and advertising and marketing partners.

You may submit your request to opt out of the sale or sharing of your personal information under CCPA by using one of the methods described in the section titled “Exercising Your Rights under Data Privacy Laws”.

We do not have actual knowledge that it shares personal information of consumers under the age of 16. If you are between 13 and 16 years of age, you must authorize us to sell or share your personal information. If you are under 13 years of age, your parent or guardian must authorize us to sell or share your Personal Information.

Consumer Rights under CCPA

CCPA provides consumers with specific rights regarding their personal information. This section explains how those rights may be exercised.

California consumers have the following rights:

• Consumers have the right to request to certain information about our collection and use of personal information (the “Right to Know”) or access to specific pieces of personal information (“Specific Request to Know”). Consumers may only submit two requests per a twelve-month period, beginning on the date of their first request.
• Consumers have the right to request correction of inaccurate personal information (“Right to Correct”) maintained by us.
• Consumers have the right to opt-out of the sale or sharing of personal information (“Right to Opt-Out”).
• Consumers have the right to request deletion of personal information, subject to certain exceptions (the “Right to Delete”). Once we receive a request and confirm the consumer’s identity, we will review the request to determine if an there is an exception that allows us to retain the information. We may deny a deletion request if retaining the personal information is necessary for us to:

• Complete the transaction(s) for which we collected the personal information including to provide products or services requested or otherwise to fulfill our contractual obligations; and/or
• As otherwise allowed by CCPA.

We will not discriminate against consumers for exercising CCPA rights including refusing products or services or offering different pricing models.

How to exercise rights under CCPA

• By calling us toll free at (866) 289-2857.
• By emailing us at Info@oberk.com
• By submission of a Privacy Request Web Form, located at https://www2.oberk.com/PrivacyRequestForm.

Authorized Agents: If you are making a request as an Authorized Agent, please submit the request on behalf of the consumer and provide proof that the consumer provided you signed permission to submit the request. We may also require that you confirm your identity by providing a driver’s license or other form of identification.

Verification of Requests: Except as it relates to opt out of sale or share, when submitting a request under CCPA, we are required to reasonably validate or authenticate the requestor to appropriately secure personal information. If we cannot validate the requestor based on the information provided, we will notify the requestor that we are unable to fulfill the request. We will only use personal information provided in the request to verify the requestor's identity or authority to make it. We will confirm receipt of a request. We endeavor to 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. We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will detail why we made that decision and provide a cost estimate before completing the request.

Exercising Your Rights Under California’s “Shine The Light” Law

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided at the bottom of the page.

 

 

O.Berk® International Privacy Policy Addendum

Last updated: October 16, 2025

Introduction:

This policy (“Privacy Policy”) is for individuals located outside of the United States concerning the processing of your Personal Data, and supplements the information contained in our Privacy Notice. This International Privacy Policy is adopted to provide additional information concerning applicable privacy laws, including, but not limited to, the European General Data Protection Regulation (“EU GDPR”), the United Kingdom General Data Protection Regulation (“UK GDPR”) (together referred to herein as “GDPR”), and Quebec Law 25 (all applicable international privacy laws together referred to as “Data Protection Laws”). Capitalized terms not otherwise defined herein shall have the same meaning as those designated in the Privacy Notice or under applicable Data Protection Law. This policy explains how we collect, use, disclose and retain personal information and how data subjects may exercise their rights under applicable Data Protection Laws.

This International Privacy Policy does not cover the processing of your Personal Data when you are located in the United States, regardless of your citizenship. This International Privacy Policy does not apply to any data collected by O.Berk® in the course of employment, and only applies to collection via its Website, for business transactions or through providing other products and services.

How We Collect and Use Your Information

We collect and use your Personal Data (“personal information” under the Privacy Policy) as described in the Privacy Notice.

Special Category Data or Sensitive Personal Information

O.Berk® does not collect “Special Category Data” or “Sensitive Personal Information” (together referred to as “Sensitive Information”) to provide its services or products or through its Website.

How We Share and Disclose Personal Data

We share your Personal Data with third parties in the ways described in the Privacy Notice,

Legal Basis for Processing:

We process your Personal Data for the purposes outlined in the Privacy Policy. We also process your Personal Data in line with the legal bases recognized under applicable Data Protection Laws. For each of the categories mentioned in the Privacy Policy, we rely on the following legal bases for processing (if applicable and considered a legal basis under the applicable Data Protection Law): to pursue our legitimate interests (for example, website analytics) to process transactions requested by you to meet our contractual obligations (for example, to contact you about a business to business transaction, to answer your inquiries, to provide information about our products and services), or on the basis of your consent, where applicable.

We may rely on different legal bases for individuals located in different places depending on the requirements outlined in the applicable Data Protection Law, or on the basis of your consent, where applicable, or for any other legal bases as allowed by applicable law. Where applicable and recognized under Data Protection Law, we may process your personal information under the following conditions:

• Performance of a Contract: when your Personal Data is necessary for the performance of an agreement that we make with you and/or for any contractual obligations thereof.
• Legal Obligation: when your Personal Data is necessary for compliance with a legal obligation to which O.Berk® is subject.
• Legitimate Interests: when processing your Personal Data is necessary for the purpose of the legitimate interests pursued by O.Berk®.
• Consent: you have given your consent for processing Personal Data for one or more specific purposes.
• Vital Interests: when your Personal Data is processed in order to protect your vital interests or those of another natural person.
• Public Interests: when your Personal Data is processed relating to a task that is carried out in the public interest or in the exercise of official authority vested in O.Berk®.

Automated Decision-Making:

We may use automated decision-making, including profiling, in certain circumstances. Automated decision-making refers to decisions made solely by automated means without any human involvement that may have legal or similarly significant effects on you. Where such processing occurs, it is: necessary for entering into or performing a contract with you, authorized by applicable law, or based on your explicit consent. In these cases, we implement suitable measures to safeguard your rights and freedoms and legitimate interests. You also have the right to request meaningful information about the logic involved in the decision-making process, as well as the significance and expected consequences of such processing. You will not be subject to a decision having a major influence on your rights and interests based solely on automated processing, including profiling, unless you explicitly consent.

Your Data Protection Rights:

In certain circumstances, you have the following data protection rights with respect to the Personal Data that we collect and process, depending on the rights granted to you under applicable Data Protection Laws:

• The Right to be Informed. You have the right to be informed of our processing or handling activities.
• The Right to Request Access. You have the right to access, update, or delete the information we have about you.
• The Right of Rectification/Correction. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• The Right to Object. You have the right to object to our processing of your Personal Data.
• The Right to Restrict Processing. You have the right to request that we restrict the processing of your Personal Data.
• The Right of Erasure/Right to be Forgotten. In certain circumstances, you have the right to ask us to remove or delete your Personal Data.
• The Right to Transfer/Data Portability. Upon request we will provide you (or a third-party you have chosen) the Personal Data we have collected about you. Your Personal Data will be provided in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the Personal Data to perform a contract with you.
• The Right Relating to Automated Decision. You have the right to request an explanation concerning Personal Data used for automated decisions that may cause material impact to your personal rights and interests. You may refuse to accept or allow such handling in certain circumstances as well.
• Withdraw Your Consent. You have the right to withdraw your consent at any time where we relied on your consent to process your Personal Data.

O.Berk® will comply with all such requests, provided there is not a legal exception to the request.

International Data Transfers:

We are based in the United States of America. We may process, store, and transfer your Personal Data, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own, including the United States of America. In the event we transfer your Personal Data outside your country as part of our processing, we rely where required on appropriate or suitable safeguards or specific legal provisions permitting such transfers under applicable Data Protection Laws.

Data Retention:

We will retain Your Data as long as necessary to fulfill the purposes for which it was collected, and to satisfy O.Berk®’s legal, accounting, and reporting obligations, and as otherwise in compliance with applicable law. Personal data is deleted according to our record and data retention policies.

Exercising Your Rights:

You may exercise any of the rights enumerated above by contacting us at Info@oberk.com. Please note that we may ask you to verify your identity before responding to such requests.

You also have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.

Changes to Notices and Policies:

We may update our International Privacy Policy from time to time. We will notify you of any changes by posting the new International Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Website, prior to any material change becoming effective and update the “Last updated” date at the top of this International Privacy Policy.

You are advised to review this International Privacy Policy periodically for any changes. Changes to this International Privacy Policy are effective when they are posted on this page.

Contact Information:

If you have any questions, or would like to submit a request, please contact us at Info@oberk.com.