APPLICANT PRIVACY POLICY

Last Updated: 16 May 2018

Gap, Inc. and our family of brands (Athleta, Banana Republic, Banana Republic Factory Stores, babyGap, Gap, GapKids, Gap Factory, Gap Outlet, Intermix, Weddington Way and Old Navy) and our global companies, affiliates and subsidiaries (together “Gap”, “we”, or “us”) value your trust and are committed to the responsible management, use, and protection of personal information.  

This Applicant Privacy Policy (“Policy”) covers any personal information we collect when you apply or search for a position at Gap.  Specifically, it describes our practices in connection with the information that we collect through our recruiting process.  Such information may be collected through our recruiting website (http://www.gapinctalent.com) and other recruiting webpages, mobile sites, or recruiting processes, which we operate, and in which we post or provide a link to this Policy (“Careers Site(s)”).  

Personal information submitted elsewhere on Gap’s web sites will be used in accordance with our general online Privacy Policy.  

PERSONAL Information WE COLLECT

Information You Provide

Our Careers Site is designed to help you find and apply for job openings at Gap’s global locations and guide you through the various steps of our recruitment and onboarding processes. You can generally navigate our Careers Site by providing us with little personal information, but if you choose to register for the Careers Site, apply for a position, interact with the Careers Site’s features and/or take advantage of the Careers Site’s many benefits, we will receive additional types of personally identifiable information.

If you apply through the Careers Site as part of the job application or job search process, the following information may be collected: 

  • Name, and contact information;
  • Date of birth;
  • Account login information, such as your username and password;
  • National Insurance number or Tax Reference,;
  • Employee ID numbers and information about your work history with Gap, if you are an existing and/or former Gap employee, and any previous applications for employment with Gap;
  • Eligibility to work in country where job applied for is located, notice period, planned holidays, and available start date;
  • CV, résumé, cover letter, other supporting documents you submit, previous work experience, and education information;
  • Employment preferences, willingness to relocate, current salary, desired salary, and how you heard about the Careers Site;
  • Language and other relevant skills, motivations, and experience; 
  • Professional and other work-related licenses, permits, visas, and certifications held;
  • Demographic information and marital status;
  • Awards and professional memberships;
  • Information relating to references;
  • Information from third party sites and social media platforms such as LinkedIn; 
  • Details of your job search, including what roles, departments, and locations interest you; and 
  • Any other information you elect to provide to us.

The information we request as part of the recruitment process may vary by job location and may change from time to time to facilitate our local offices and retail stores with their recruitment needs, and abide by local legal and regulatory requirements.

As discussed in the “Diversity” section below, in certain cases we will ask questions about race/ethnic origin, gender, and disability of our applicants, for monitoring equal opportunity.  We can also inquire about criminal records, and will do so only where permitted by applicable law.  Otherwise, we ask that you avoid submitting information which may qualify as sensitive information under applicable law, except where such information is legally required.  Sensitive information includes race, religion, ethnicity, nationality or national origin, age, gender identity, sex life or practices or sexual orientation, marital status, medical or health information (including disability status), genetic or biometric information, biometric templates, political or philosophical beliefs, political party or trade union membership, veteran status, background check information, and judicial data such as criminal records or information on other judicial or administrative proceedings.

Any information you submit through the Careers Site must be true, complete and not misleading. Should the information provided be inaccurate, incomplete, or misleading, subject to applicable law, this may lead to a rejection of your application during the application process or disciplinary action up to and including immediate dismissal if you have been employed. In addition, it is your responsibility to ensure that information you submit does not infringe on any third party's rights and is not otherwise legally actionable by such third party.

If you intend to provide us with details of a reference or any other third party as part of your CV/résumé, it is your responsibility to obtain consent from that third party prior to passing their personal information to us. 

Information from Other Sources

For the purpose of background check reports in connection with your application, and as permitted by applicable law, Gap may obtain information about you from other sources:

Other sources may include:

  • Your references;
  • Prior employers; 
  • Educational institutions you attended;
  • Social media platforms including employment networking and recruiting websites and services.

Use of Information

We collect and process information about you for one or more of these reasons:

a)    Because you voluntarily provide this information and consent for us to process it; 
b)    Because this information is necessary to take steps at your request prior to entering into employment or an internship; 
c)    Because this information is of particular importance to us and we have a specific legitimate interest under law to process it; 
d)    To comply with a legal obligation; or 
e)    Where necessary to protect the vital interests of any person. 

Where the collection or processing is based on your consent, you may withdraw your consent at any time to the extent permitted by applicable law. If you wish to do this, please email us at privacy@gap.com or write us at the address in the “Contact Us” section below. 

The information that you submit on the Careers Site will be used for Gap’s global personnel recruitment, management and planning purposes, as permitted by applicable law:  

  • To allow you to register with the Careers Site and use its features, to allow you to search and apply for jobs at Gap locations, to manage your account, to tailor and improve the Careers Site and experiences to better suit your needs and the needs of our community, and to process your application. We may also provide you with recommendations about open positions which may interest you based upon your past searches and/or job applications.  We will engage in these activities to manage our prospective contractual relationship with you, based on our legitimate interests;
  • To assess your capabilities and qualifications for a job.  We will engage in these activities to manage our prospective contractual relationship with you, based on our legitimate interests; 
  • To conduct reference checks including collecting right to work information. We will engage in these activities to comply with a legal obligation or based on our legitimate interests;
  • To communicate with you and provide you with updates on the recruitment process, information you requested and information about Gap, to provide you with a job offer or an employment agreement, assist with any contract finalization and execution, to help you to register for Gap employment benefits, and to send you information regarding the Careers Site and changes to our terms and policies. We will engage in these activities to manage our prospective contractual relationship with you or based on our legitimate interests;
  • To comply with or monitor compliance with any applicable law or regulation. We will engage in these activities to comply with a legal obligation or based on our legitimate interests;  
  • To conduct background checks if we offer you a position, as permitted by applicable law. We will engage in these activities to comply with a legal obligation or based on our legitimate interests; and
  • To preserve our other legitimate interests, for example, for Gap’s administrative purposes, aggregate management reporting, documenting Gap’s global recruitment goals, internal training, to manage, evaluate and improve Gap's recruiting and onboarding tools and processes, to protect the security and stability of the Careers Site, and as generally required to conduct our business within Gap and its affiliates.

The information about you will be added to Gap’s international candidate database and may be retained and used to consider you for opportunities at Gap and its affiliates other than the one(s) for which you apply.  If you do not wish us to do this, please email us at privacy@gap.com or write us at the address in the “Contact Us” section below. 

If we elect to make you an offer, personal information you submit may be incorporated into our human resources system and used to manage the new-hire process. If you become an employee, any personal information that you submit may become part of your employee file and may be used for other employment/work-related purposes. 

The provision of personal information on this Careers Site is voluntary. Please note, failure to provide sufficient information, however, may result in Gap being unable to consider your employment application or, if employment is offered, your subsequent promotion, transfer or relocation.

DISCLOSURE and transfer of Information

In order for us to assist you with your job search needs through the recruitment and hiring process, and also to assist with managing our global workforce, we may share your information with affiliates that are involved in evaluating candidates for a given position. Gap, Inc. will remain responsible for personal information that is jointly used with affiliates. You can consult the list and location of our affiliates here.

We will limit access to personal information to personnel with a business need to know the information for the purposes described in this Policy, including personnel in the recruiting, human resources and information technology departments, and in the department responsible for the position for which you are applying.  

Gap also shares personal information with our third-party service providers to facilitate services they provide to us, including hosting and operating the Careers Site, recruiting assistance, and background check processing. Third party service providers receiving personal information are expected to keep confidential the personal information received from us and not use it for any purpose other than to provide their services to us.

Disclosing your personal information can include transferring personal information to other countries, including the United States or any other country in which we or our service providers have operations.  If you are located in the European Economic Area (the “EEA”) this may include countries outside of the EEA.  Some of these countries are recognized by the European Commission as providing an adequate level of protection according to EEA standards (the full list of these countries is available here. As for transfers to other countries, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your information. You may obtain a copy of these measures by contacting us at privacy@gap.com or writing us at the address in the “Contact Us” section below. 

Other uses and disclosures of information

We also use and disclose your personal information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

  • To comply with applicable law.
  • This can include laws outside your country of residence. 
  • To respond to requests from public and government authorities.
  • These can include authorities outside your country of residence.
  • To cooperate with law enforcement.
  • For example, when we receive law enforcement requests and orders.
  • For other legal reasons. 
  • To enforce our terms and conditions;
  • To protect the rights, privacy, safety or property, of Gap, its employees, agents, contractors and/or you or others, such as visitors to our web sites or other properties;
  • To protect against fraud or other illegal activity or for risk management purposes; and
  • To permit us to pursue available remedies or limit the damages that we may sustain.
  • In connection with a sale or business transaction.
  • We have a legitimate interest in disclosing or transferring your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) 

Data Retention

We will retain personal information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods are: (i) the duration of the application process; (ii) as long as we have an ongoing relationship with you; (iii) as required by a legal obligation to which we are subject; (iv) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations); and (v) as required by published records retention schedules.   

We may remove personal information for inactive accounts from our database, subject to any applicable legal or regulatory obligations.  Furthermore, Gap can delete personal information about you (including your CV/résumé) from our database at any time and without providing any reason.  Therefore, please retain your own copy of the personal information provided to us.

Passive Information Collection:  Cookies and Similar Technology

Like most websites, the Careers Site collects and/or logs internet protocol addresses, internet domain names, information about the web browser and operating system used to access our sites, your location, details about the pages you visit and the features you use, and the date and time of each visit.

Additionally, we and our service providers use cookies on some of our sites. Information collected by cookies (as described below) may be tagged to your personal information, including your contact information, device information, login information, and other personal information we receive from you.

Cookies are small amounts of data sent to your browser from a web server and stored on your computer's hard drive. Cookies can help a website recognize repeat users and allow the site to track web usage behavior. Cookies are useful because they allow a website to recognize a user's device and may be used in a variety of way to enhance and/or personalize your online experience. For example, we may use cookies to enable you to use certain website features, store your preferences, recognize you when you return to our site, enhance the security of our site, and to understand the aggregated demographic and traffic data of our site visitors.

You can set your browser to notify you when you are sent a cookie, and you may also elect not to accept cookies by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of the website. For more information on how to adjust your browser settings to reject cookies or generally to learn more about cookies, please visit: http://www.allaboutcookies.org/manage-cookies.  We do not currently respond to browser do-not-track signals.

Read more about the individual cookies we use on this site and how to recognize them below: 

Required first party cookies

Cookie Name: Cookie Description

  • Session ID Cookies: Created by Tomcat (a servlet container) to store java session ID
  • JSESSIONID: Social Sourcing stores the application session ID
  • ORA_OTSS_SESSION_ID: This cookie stores flash Uploadify session ID. Note: We use a Shockwave Flash component for handling uploads
  • ORA_OTSS__SWF_SESSION_ID ORA_OTSS_ANCHOR: Handles anchors in the deep links we store the anchor with an expiry of 2 seconds
  • SSO Cookies if 'LoginAuth.OIF.VerifyModeList' property contains 'cookie' then we use this cookie - 
    SMSSOOIF: we store the value 'true' with an expiry of 1 year.

Optional third-party cookies

Cookie Name: Cookie Description

  • _utma: Google Analytics - stores information about what pages you visit, how long you are on the site, how you got here and what you click on. Google may share aggregated, non-personally identifiable information publicly and with its partners – like publishers, advertisers or connected sites. More information: http://www.google.com/privacypolicy.html.
  • _utmb
  • _utmc
  • _utmv
  • _utmz

Performance Cookies: Third party cookies

These cookies collect information about how visitors use a website, for instance, which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is anonymous and is only used to improve how a website works.

Tool Tip: These cookies collect anonymous information on the pages visited.

Example: Cookies used for: testing designs and ensuring a consistent look and feel is maintained for the user. This category does not include cookies used for behavioral/targeted advertising networks.

CHOICES AND Access

If you choose to register with the Careers Site, you may access, review, and change your personal information stored therein by logging into the Careers Site and updating your account information. The updated profile will be used as the default the next time you apply for a job using your account online. Please note that our recruitment teams may have the ability to see all the history of changes that you may make in your own profile. To change personal information that you have already submitted for consideration for a specific position, please edit your application for that position and include the updated personal information about you in the application.  We encourage you to promptly update your personal information if it changes or is inaccurate. Upon your request, we will deactivate or remove your personal information from our active databases, although some information may be retained as permitted by law.

If you would like to subscribe or unsubscribe from, notifications about Gap recruitment activities, including notifications about jobs which may interest you, please go to gapinctalent.com, and log into your candidate profile, entering the credentials used when setting up your user account. To subscribe/unsubscribe from job notifications, access “My Account Options.” The job notifications are located in the correspondence section. After checking or unchecking the box, click save.

You may, where permitted by applicable law, request to review, access, correct, update or delete your personal information; request that we cease using your personal information as permitted by applicable law; or request a copy of your personal information. You also have the right to provide instructions regarding the processing of your personal data in the event of your death.  Please make your request by contacting us at privacy@gap.com or writing us at the address in the “Contact Us” section below. We will respond to your request consistent with applicable law.

In your request, please make clear what personal information you would like to access or have changed, whether you would like to have personal information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your personal information.  

For your protection, we only implement requests with respect to the information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that certain personal information may be exempt from such requests pursuant to applicable data protection laws or other laws and regulations.

Security

We are committed to taking reasonable efforts to secure the personal information that we receive from you. We seek to use reasonable organizational, technical and administrative measures to protect personal information within our organization.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us at privacy@gap.com or write us at the address in the “Contact Us” section below.  

Gap hereby disclaims, as far as permitted by local laws, any liability for itself and its affiliates and contractors for any personal information we collect in connection with your application that is lost, misused, illegally accessed, disclosed, altered or destroyed or not integrally or timely delivered to our Careers Site.

Links to THIRD-PARTY websites AND SERVICES

We may provide links to third-party websites for your convenience and information. If you access those links, you will leave Gap's websites. We do not control those sites or their privacy practices, which may differ from the terms of this Policy. We do not endorse or make any representations about third-party websites. The personal information you choose to give to unrelated third parties is not covered by this Policy. We encourage you to review the privacy notices and practices of any company before submitting your personal information. Some third-party companies may share personal information with Gap, that sharing is governed by that third-party company's privacy statement.  

Diversity 

Gap is an equal opportunity employer, which means we offer equal treatment to all applicants.  Gap does not discriminate, either directly or indirectly, on protected grounds, which include: race, sex, gender identity, sexual orientation, nationality, national origin, ethnic origin, religion, beliefs or creed, age, disability, marital status, veteran status, or genetic information, in any area of recruitment. 

FORUMS, BLOGS AND SOCIAL MEDIA

Parts of our sites are designed to help you share your job opportunities with your friends, family and contacts who may be interested. You can use our sites to share content and opportunities through a variety of channels, including email and your personal social media accounts. Any information that is disclosed through these channels may become public information which could be read, collected or used by other users on a worldwide basis. You should exercise caution when deciding to disclose your personal information with others.

Additionally, our Careers Site may enable you to link your online application to certain social media platforms (such as LinkedIn) to enable you to auto-populate your online application with personal information taken from your relevant social media profile. Please note that you are wholly responsible for the content of any online application which you make via this Careers Site and it is your responsibility to ensure that any errors arising out of auto-population of online application fields are corrected. Similarly, it is your responsibility to ensure that any fields which are not auto-populated by such functionality are correctly completed. As described above in the Section “Links to Third-Party Websites and Services,” we do not control the terms or privacy policies of third-party websites.

At your request, we may collect, store and/or share personal information about other people which you provide to us through the sites, including name, demographic information and/or their contact information. If you share personal information about others, you are responsible for ensuring that you have the proper authorization to use and share those persons' personal information.

Law Applicable to Job Application

The Careers Site allows you to apply for jobs world-wide, as a benefit of Gap’s centralized global recruitment function.  This Careers Site is operated from the United States.  Accordingly, any personal information you submit to the Careers Site will be collected in the United States and will be subject to U.S. laws.  However, if we share your personal information with an affiliate located in another country in its capacity as a potential employer, the affiliate will handle your personal information in accordance with this Policy.  Any hiring or other employment-related decisions will be made by the hiring affiliate in accordance with the laws of the country where the job will be located.

About Children

The Careers Site is not targeted toward children under the age of 16, nor do we knowingly collect information directly from children under the age of 16.

Current PERSONNEL of Gap

If you currently work for Gap or one of our affiliates, you must be eligible to apply for a different position within Gap to use the Careers Site. If you accept such a position, your benefits programs and Human Resources policies may change. Please consult with the HR manager for the new position concerning application eligibility, benefit programs, and HR policies applicable to that position.

The Careers Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Changes to the Policy

We reserve the right to amend this Policy at any time in order to address future developments of Gap, the Careers Site or changes in industry or legal trends.  The “Last Updated” legend at the top of this Policy indicates when this Policy was last revised.  Any changes will become effective when we post the revised Policy on the Careers Site. 

Contact Us

For questions or concerns about the issues discussed in this Policy; or to report violations of this Policy please contact us at privacy@gap.com or Gap Inc., Legal Department, 2 Folsom Street, San Francisco, CA 94105.

You may also lodge a complaint with a Data Protection Authority for your country or region or in the place of the alleged misconduct.

Because email communications are not always secure, please do not include sensitive information in your emails to us. 

TERMS OF USE

General

Please read these terms of use (the “Terms”) carefully before using the websites of Gap Inc. and its subsidiaries (collectively “Gap”).  By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorised to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, illustrations, designs, icons, software, graphics or photographs) that Gap may make available through the websites (collectively, “Materials”) and any services that Gap may provide through the websites (collectively, “Services”), including, but not limited to, allowing you to search for job openings, apply for jobs at Gap or allowing you to review and accept any job offers.  The websites, Materials and Services are referred to in these terms collectively as the “Gap Websites”.

These Terms constitute the entire and exclusive and final statement of the agreement between you and Gap with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Gap with respect to such subject matter.  Please note that, prior to submitting an application or accepting a job offer with Gap, you may be asked to sign additional terms.

The failure of Gap to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Gap and you as reflected in the provision and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Gap Websites. These Terms will be interpreted without application of any strict construction in favour of or against you or Gap. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gap without restriction.

Right to Change Sites

We reserve the right, at any time at our sole discretion, to: modify, suspend or discontinue Gap Websites and/or offer opportunities to some or all users of the Gap Websites to reflect changes to our users’ needs and our business priorities. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Gap Website, or any service, content, feature or product offered through Gap Websites.

Right to Change Terms

To the extent permitted under applicable law, Gap may, at any time, in its sole and absolute discretion and without prior notice, amend or update the Terms. If Gap does so at any time, you will either comply with such changes or communicate to Gap your non-acceptance, in which case that communication will have the effect of a notice of termination, and you shall immediately cease using the Gap Websites. Your continued use of the Gap Websites (including any use of the Gap Websites after a notice of non-acceptance from you) shall be deemed acceptance of any such changes.

Site Contents

Unless otherwise noted, the Sites and all Materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Gap Inc. GAP, GAPKIDS, BABYGAP, BANANA REPUBLIC, OLD NAVY, ATHLETA and other trademarks appearing on the Sites are the trademarks of Gap Inc. and/or its subsidiaries.

Gap Websites are intended solely for personal, non-commercial use. You may download or copy the Materials displayed on Gap Websites for your personal use only. No right, title or interests in any Gap Websites are transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of Gap Websites.

Unless otherwise specified, Gap Websites are controlled and operated by Gap Inc. from its offices in San Francisco, California. One or more patents may apply to the Sites, including without limitation: US Patent Nos. 5,528,490, 5,761,649 and 6,029,142.

Personal Information Submitted Through the Sites

Your submission of personal information through Gap Websites is governed by each site’s applicable privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Copyright Complaints

Gap respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Screen-scraping

Screen-scraping (or web-scraping) is prohibited without the express written consent of Gap.

User Comments, Feedback and Other Submissions

Gap is pleased to hear from users and welcomes your comments regarding Gap Websites. Gap's long-standing company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Gap's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, portfolios or other materials, whether online, by email, by postal mail or otherwise (collectively, "Comments"). Gap is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Gap has the right, but not the obligation, to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including, but not limited to, copyright, trademark, confidentiality, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Gap and/or Gap Websites. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead Gap or third parties as to the origin of any Comments. You are solely responsible for any Comments that you make and their accuracy. Gap takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Linking To Gap Websites

Linking to the Gap Websites (including an internal or subsidiary page of any website comprising a part of the Gap Websites) must be approved in writing by Gap. A limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:

  1. does not utilise content of a Gap Website; 
  2. does not utilise a Gap logo;
  3. does not use framing of a Gap Website;
  4. does not misrepresent an affiliation or other relationship with Gap;
  5. does not misrepresent any possible endorsement by Gap;
  6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
  7. is promptly modified to delete the hyperlink upon request by Gap.

Links to Third-Party Sites

Links on the Gap Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Gap Websites. Gap does not endorse or make any representations about such third-party websites and Gap is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Gap does not control those websites and Gap is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Indemnification

You agree to indemnify, defend and hold harmless Gap, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable lawyers' fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or softwares) use of the Gap Websites or breach of any provision of these Terms. Gap reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Gap’s defence of such claim and in no event may you agree to any settlement affecting Gap without Gap’s prior written consent.

Electronic Communications

When you visit the Gap Websites or send emails to Gap, you are communicating with Gap electronically. We may respond to you by email or by posting notices on the Gap Websites. You agree that all such notices, disclosures and other communications that Gap provides to you electronically satisfy any legal requirement that such communications be in writing.

Errors, Inaccuracies and Omissions

Occasionally there may be information on Gap Websites that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information on Gap Websites that is inaccurate at any time without prior notice (including after you have submitted a job application). Gap assumes no responsibility (and expressly disclaims responsibility) for updating the Gap Websites to keep information current or to ensure the accuracy or completeness of any posted information.

Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, job postings and job offers or other matters described in the Gap Websites. Gap provides no assurances that any reported problems will be resolved by Gap, even if Gap elects to provide information with the goal of addressing a problem.

Dispute Resolution

Mindful of the high cost of litigation, not only in pounds but also in time and energy, both you and Gap agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to your use of Gap Websites, or the breach, enforcement, interpretation or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

  • to Gap Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or
  • to you at: your last-used address in your account profile.

Both you and Gap agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions, notwithstanding your actual place of residence. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect.

Disclaimers

Gap Websites are provided "as is" without conditions or warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of intellectual property. Gap Inc. expressly disclaims any duty to update or revise the materials on the Sites, although Gap may modify the materials at any time without notice. Your use of Gap Websites is at your sole risk and you assume full responsibility for any costs associated with your use of Gap Websites. Gap shall not be liable for any damages of any kind related to your use of Gap Websites.

Limitation of Liability

IN NO EVENT WILL GAP BE LIABLE EITHER FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAP WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, IN EITHER CASE WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF GAP HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Gap may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Gap’s liability shall be the minimum permitted under such applicable law.

Nothing in these Terms excludes or limits Gap’s liability which cannot legally be limited.

Termination

These terms are effective unless and until terminated by either you or Gap. You may terminate this Agreement at any time. Gap also may terminate this Agreement at any time without notice, and accordingly may deny you access to Gap Websites, if, in our sole judgment, you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.