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Privacy Policy

Oneida Privacy Policy: 

PLEASE NOTE that our PRIVACY POLICY has changed effective May 25, 2018.

Welcome to the Oneida Ltd. websites, which include but are not limited to the Oneida’s retail (oneida.com) and the foodservice (foodservice.oneida.com) websites as well as all content, features, functionality, and services offered on or thorough the same (individually and collectively, the “Websites”).

This website is owned and operated by Oneida, Ltd. (“Oneida”, “we”, “us”).  This Privacy Policy governs our data collection and use practices for Oneida.com, Anchorhocking.com, plateenvy.com, Anchorhockingbottles.com, theoneidagroup.com and foodservice.oneida.com (collectively referred to herein as ‘Oneida.com’). We appreciate the trust you have placed in us. Your privacy and security are our top priorities. This Privacy Policy explains what information we collect and how we use it, and under what circumstances we may disclose the information to third parties.  This Policy applies to all visitors to our websites, and all who purchase our products and services available through our websites (“Services”). By visiting our site, you agree to the terms of this Policy. 

You acknowledge that Oneida will use your information in the United States, and any other country where we operate.  Please be aware that the privacy laws and standards in certain countries, including your rights concerning your data and the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside.  We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.  Please read on to learn more about how we protect personal information that’s transferred outside of Europe.  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WEMAYSUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE. 

Our European Union Privacy Policy can be found in the “European Union Privacy Notice” section of this document below.

GDPR Privacy Notice is a supplement to our Privacy Policy and concerns certain personal data we have collected about residents of the countries in the European Union, consisting of the European Economic Area, Switzerland, and to the extent that the United Kingdom is no longer a member of the European Union, the United Kingdom (the “EU” or the “European Union”). It explains why we have that information, how we use and handle it, and your rights to that information, all as required by the European Union’s General Data Protection Regulation (“GDPR”). 

What personal data do we hold?

Data You Provide to Us

We may collect your personal contact information such as name, email address, phone number, and country of residence, and payment account information in order to process payment for your purchases on Oneida.com. We do not request payment account information

Data from Others

We may receive personal data about you from our vendors or affiliates, such as your personal contact information (name, home or business address, email address, phone number, and country of residence), in the context of providing to servicing and support to our customers.

Where did we get your personal data?

We collect your personal data when you ask us to contact you, or when you place an order for our products and services.  Your failure to provide this information means we cannot fulfill your request. We may also collect your contact information when you provide it by using our Website, as well as your IP address and other information about your activity on our Website, such as what pages you visit. We may also receive personal data when we are working on the resolution to our customers’ problems.

What is our purpose for holding your personal data?

Our lawful basis for holding your information depends on the circumstances under which we acquired it.

Type of Information

Lawful Basis for Processing

Customer and prospective customer contact information collected in connection with an order or an inquiry

For fulfillment of a contract

Customer and prospective customer contact information collected for use in marketing additional products and services

Consent or Legitimate Interests

Personal data of our customers’ customers collected for use in filling orders for our products and services

For fulfillment of a contract

 

Where the basis for processing is “fulfillment of a contract”, you need to know that we will not be able to process your order or request for a quote if you do not provide us with your personal data that we request.

What we do with your personal data

We use your details so that we can communicate with you by email or phone and inform you of our services, the status of your order, or questions about payment of your invoice. We may also collect your IP address and details concerning your activity while on our Website in order to understand your interests and preferences.

The personal data we hold is stored and processed securely in line with the information security measures and guidance standard in our industry.  We have implemented appropriate technical and organizational measures designed to prevent the unauthorized disclosure of your personal data, taking into account the level of risk associated with the processing of your personal data.

If we receive your personal data in the context of providing problem solving services to our customers, we will securely accept that data, segregate it from other customer data, and limit access to the data. We will delete the data once the issue is resolved.

Cross border personal data transfers

Your personal data may be transferred to and stored at our servers located in the United States. The United States has personal data privacy laws that are different from your country. While the United States has not received an adequacy decision from the European Union Commission, we will ensure that it is protected in a manner that is consistent with how your personal data is protected if it was processed in your country. 

What we don’t do with your personal data

We do not pass your information to anyone else apart from our business services partners as necessary to provide you with the products and services you have requested. We do not use any automated systems relating to your personal data. 

How long do we keep your personal data?

We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law, or we have obtained your consent.

What are my personal data rights?

You have the following rights concerning your personal data that we hold and process that you can exercise at any time.

 

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct personal data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the personal data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – you have the right to have the personal data we hold about you transferred to another organization.
    • Right to object – you have the right to object to certain types of processing such as direct marketing.
    • Right to judicial review. in the event that we refuse your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in the process below.

All of the above requests will be forwarded on to other parties holding and processing your personal data where appropriate.

 

Who do I contact if I have an issue with my personal data that you hold?

Please contact our Privacy Office at dataprivacyoffice@theoneidagroup.com.

How do I make a complaint about how my personal data is being held or processed?

If you wish to raise a complaint on how we handle your personal data, you can contact our Privacy Officer as follows.

 

By Email. dataprivacyoffice@theoneidagroup.com

By Mail.               The Oneida Group Inc.

                                200 S. Civic Center Drive, Suite 700

                                Columbus, Ohio 43215

 

                                Attention.  Privacy Officer

                               

If you are not satisfied with our response you can complain to the data protection authority for the country in which you reside.

This GDPR Privacy Notice was last updated on May 25, 2018.

Terms of Use

Last Updated: May 24, 2018

  1. Acceptance of the Terms of Use

Welcome to The Oneida Group Inc. (“Oneida”) websites, which include but are not limited to the Oneida’s retail (oneida.com) and the foodservice (foodservice.oneida.com) websites as well as all content, features, functionality, and services offered on or thorough the same (individually and collectively, the “Websites”).

Your use of the Websites is governed by these Terms of Use. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites.

  1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Unless we state otherwise, all changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Websites.

Your continued use of any of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. Accessing the Websites and Account Security

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Websites, some of the resources they offer, or to make a purchase through the Websites, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on or through the Websites is correct, current and complete. You agree that all information you provide to register with the Websites or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If at any time you choose to discontinue your relationship with Oneida, you may deactivate your account by contacting us as set forth in the “Contact Us” section below. 

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Mobile Device Access

To the extent you access the Websites or the Oneida App through a Mobile Device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Oneida account information to ensure that your messages are not sent to the person that acquires your old number.

  1. Intellectual Property Rights

The Website and its entire contents, features, and functionality are owned by Oneida, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as otherwise permitted by these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your browser for display enhancement purposes; (3) excluding third-party owned materials and contents, features, and functionality that are subject to different terms, you may print one copy of a reasonable number of pages of the Website for your personal, non-commercial use or for internal use in the ordinary course of business operations and not for further reproduction, publication, or distribution.

You must not:

•          Modify copies of any materials from this site.

•          Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Oneida.  

  1. Trademarks

The names and logos on this site, including, but not limited to, Oneida, Anchor Hocking, Sant’ Andrea, Luzerne, Buffalo, Delco, and Strata brand names, and all related names, logos, product and service names, designs and slogans are trademarks of Oneida or its affiliates or licensors. You must not use such marks without the prior written permission of Oneida or the respective third-party owner.  

  1. Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm Oneida or users of the Websites or expose them to liability.

Additionally, you agree not to:

  • Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Websites.
  1. User Comments and Other Materials

The Websites may allow users to post, submit, publish, display or transmit (hereinafter, "post") content including, without limitation, comments, suggestions, product reviews, photos, ideas, and other materials (collectively, "User Comments") on or through the Websites.

Any User Comments you post to the site will be considered non-confidential and non-proprietary. By posting User Comments on or through the Website, you grant us the right to use, reproduce, modify, perform, display, distribute, transmit, and otherwise disclose to third-parties any such material for any purpose/according to your account settings. We may allow our affiliates and service providers, and each of their and our respective licensees, successors and assigns to do the same with your User Comments.

You represent and warrant that: (a) you own or control all rights in and to the User Comments and have the right to grant the rights granted above; (b) your User Comments will not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (c) your User Comments will not violate the legal rights (including the rights of publicity and privacy) of any person or entity; and (d) you will not impersonate any person, or misrepresent your identity or affiliation with any person or organization.

You understand and acknowledge that you are responsible for any User Comments you submit or contribute, and you, not Oneida, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Comments posted by you or any other user of the Websites.

  1. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Comments for any or no reason in our sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
  • Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS ONEIDA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Copyright Infringement

If you believe that any User Comments violate your copyright, please see our Copyright Policy [INSERT AS LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright infringement. It is the policy of Oneida to terminate the user accounts of repeat infringers.

  1. Reliance on Information Posted

The information presented on or through the Websites are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties including, for example, User Comments. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Oneida, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Oneida. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes to the Website

We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

  1. Information About You and Your Visits to the Website

All information we collect on the Websites are subject to our Privacy Policy  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the Websites or because of visits made by you are governed by our Terms of Sale (including our warranties and shipping and returns policies), which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

  1. Social Media Features

The Websites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Websites.
  • Send e-mails or other communications with certain content, or links to certain content, on the Websites.
  • Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Links from the Website

If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Disclaimer of Warranties

EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY SPECIFIC PRODUCTS PURCHASED THROUGH OUR WEBSITES, YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONEIDA NOR ANY PERSON ASSOCIATED WITH ONEIDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER ONEIDA NOR ANYONE ASSOCIATED WITH ONEIDA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT FOR ANY EXPRESS WARRANTIES THAT MAY ACCOMPANY SPECIFIC PRODUCTS PURCHASED THROUGH OUR WEBSITES, ONEIDA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

IN NO EVENT WILL ONEIDA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless Oneida, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

  1. Governing Law and Jurisdiction

All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in Franklin County, Ohio although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your State or country of residence or any other relevant State or country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver of by Oneida of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Oneida to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

The Terms of Use, our Privacy Policy, Terms of Sale (including warranty and shipping and return policies), and any other Additional Terms that we may provide that are applicable to specific portions, services, or features of the Website constitute the sole and entire agreement between you and Oneida with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

  1. Your Comments and Concerns

The Websites are operated by The Oneida Group Inc. 200 S. Civic Center Drive, Suite 700, Columbus, Ohio 43215.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [INSERT AS LINK TO COPYRIGHT POLICY[A4] ] in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: dataprivacyoffice@theoneidagroup.com.