Introduction

This Applicant Agreements (“Agreement”, including Gap Inc. Privacy Statement and Terms of Use) are the contractual terms which shall be entered into by Gap (Shanghai) Commercial Co., Ltd., Gap Taiwan Limited, Gap International Sourcing Limited, The Gap, Inc. and other companies under the Gap corporate group ( “Gap Inc.”) and any user (“User/Users”) who uses this E-recruitment system service (the “Services”) with regard to the provision of the Services. By checking the box below, you acknowledge that you agree to these agreements.

Applicant Agreements

1. Users may start to use the Services after they accept the Agreement (including Privacy Statement and Terms of Use, full contents set out as appendix) and register all their relevant personal information.

2. Users shall ensure that all information that they provide is accurate and up-to-date. Registration to become a User in another's name is prohibited. If any information that a User provides is out-of-date, the User shall update the affected information promptly. If any User fails to provide or update the information in a timely manner or in the specified manner or the information provided is incorrect or untrue, Gap Inc. may reject or suspend, at any time, the provision of part or all of the Services to the User without prior notice.

3. Any of the following behavior of a User is prohibited for the use of the Services. The failure may result in Gap Inc.’s suspension of the User's use of part or all of the Services, or canceling the registration of the User without prior notice.

(1) Violating applicable laws, regulations, competent authorities' decisions, orders or administrative measures.

(2) Endangering public order or good morals.

(3) Infringing upon Gap Inc.'s or any third party's rights.

(4) Providing access of one's account to another person or using other Users' accounts.

(5) Interfering with the computer servers of the Services or network system.

(6) Using technical means to manipulate the Services in an improper manner.

(7) Exhibiting other types of behavior deemed inappropriate by Gap Inc..

4. For use of the E-recruiting System, Users agree to store their personal information in the system, including but not limited to their names, contact information, education background, prior work experience and such other information that can be used to identify the Users. Gap Inc. will directly collect the said personal information for the purposes of potential recruitment and contact.

5. User shall consent to Gap Inc.’s keeping files of such personal information of the user in this system. Under certain circumstances, Gap Inc. is obligated to share the personal information of the user with certain government agencies, including the court, law enforcement agencies and supervisory organizations. At the request of such government agencies mentioned above, Gap Inc. may be obligated to disclose personal information of the user. In addition, the user acknowledges and consents that Gap Inc. may share his or her personal information with third-party suppliers that are authorized to handle relevant matters for Gap Inc.. Within certain permitted scope, Gap Inc. is entitled to process, use, transfer such personal information to other countries. The personal information of the User may be stored on the servers located at various countries, including the U.S.A., and may be subject to the laws of the country or region where such information is stored or used.

6. The Users may contact Gap Inc. by e-mail (mainland China: china_jobs@gap.com, Taiwan:_ tw_jobs@gap.com) to exercise the following rights as provided by applicable law, including but not limited to : (1) Access the User's personal information to check and review the same. (2) Have a copy of the User's personal information. (3) Supplement or correct the User's personal information. (4) Demand that Gap Inc. cease the collection, processing, or use of the User's personal information. (5) Demand that Gap Inc. delete the User's personal information. If the Users choose not to provide their personal information or provide incomplete personal information, Gap Inc. might not be able to contact the Users or complete the recruiting process of the Users.

7. User agrees that during any part of the application process, User will not disclose any confidential information or trade secrets of another person or entity.

Appendix:

Gap Inc Privacy Statement;

Terms of Use.

Date: October, 2021

Gap Inc. and our global companies and subsidiaries (together as “Gap Inc.”) value and respect your privacy. This Global Privacy Statement is to help you understand how we may collect, use and share personal information on our recruiting website, http://corporate.gapinc.com/en-us/careers, and other webpages or mobile sites which we operate and in which we post a direct link to this policy. By providing Personal Information to Gap Inc., you agree to the terms and conditions of this Privacy Statement.

What Personal Information Do We Receive?

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

This Privacy Statement covers any personal information you submit to apply or search for a position at Gap Inc. If you apply through the E-recruiting site as part of the job application or job search process, the information may be collected includes the following:

• Name, contact information;
• Account login information, such as your username and password;
• Social Security Number, National ID number or Tax ID;
• Employee ID numbers and information about your work history with Gap Inc., if you are an existing and/or former Gap Inc. employee;
• CV, résumé, cover letter, previous work experience and education information;
• Employment preferences, willingness to relocate, current salary, desired salary and how you heard about the Careers Site;
• Professional and other work-related licenses, permits and certifications held;
• Language and other relevant skills;
• Awards and professional memberships;
• Eligibility to work in country where job applied for is located, available start date and
• Information relating to references;
• Details of your job search, including what roles, departments and locations interest you.

The information we request as part of the recruitment process may vary by job location and may change from time to time in order to facilitate our local offices and retail stores with their recruitment needs and abide by local legal and regulatory requirements. The specific categories of information may vary by jurisdiction. Prior to submitting your application, you will be asked to review and agree to a localized employee privacy/applicant agreement notice through our site which details how local affiliates will handle your personal information in accordance with such notice and the applicable country laws. 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.

For full details on which personal information is collected and how it will be used during the application process, read the full terms of the applicant agreement notice prior to submitting a job application to Gap Inc.

Any information you submit through the 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 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 give a copy of this Privacy Statement to, and obtain consent from, that third party prior to passing the personal information to us.

Additionally, like most websites, we collect certain forms of technical data from you as you visit and use our site. For more specific information, please see the section “Technical Data & Cookies,” below.

How Do We Use Your Personal Information?

We may use your information to:

• Allow you to register with the site and use the site's features;
• Allow you to search and apply for jobs at Gap Inc. locations;
• Manage your account;
• Process your application;
• Assess your capabilities and qualifications for a job;
• Manage the recruitment process in accordance with the terms of the applicable employee privacy agreement;
• Conduct reference checks;
• Manage, evaluate and improve Gap Inc.'s recruiting and onboarding tools and processes;
• Provide you with a job offer or an employment agreement and assist with any contract finalization and execution;
• Communicate with you and provide you with updates on the recruitment process, information you requested and information about Gap Inc.;
• Provide you with recommendations about open positions which may interest you based upon your past searches and/or job applications;
• Tailor and improve our site and experiences to better suit your needs and the needs of our community;
• Help us meet and document Gap Inc.'s global recruitment goals;
• Monitor and record service, whether by Gap Inc. or a third party;
• As permitted by applicable law, conduct background checks if you are offered a job;
• Protect the security and stability of our site;
• To enforce our terms, and/or comply with applicable laws and/or regulations.

Personal information about you will be added to Gap Inc.'s international candidate database and will be used for the purposes of considering whether your profile is suitable for other job vacancies at Gap Inc. 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 site is voluntary. Please note, failure to provide sufficient information, however, may result in Gap Inc. being unable to consider your employment application or, if employment is offered, your subsequent promotion, transfer or relocation.

Additionally, if you are an employee of Gap Inc., we may use your information as required to abide by Gap Inc.'s internal policies, including but not limited to our employment and human resources policies. Information received from Gap Inc. employees on our site may be supplemented with information received offline, such as your contact information; your birthdate; and details about your employment, such as what team you work on, where you work and how long you have worked for Gap Inc. The sharing of offline information is governed by the terms of the relevant employment policies, employee privacy policies/notices and the local laws and regulatory requirements of your local jurisdiction.

With Whom Will We Share Your Personal Information?

In order for us to assist you with your job search needs and the recruitment and hiring process and also to assist with managing our global workforce, Gap Inc. may share your information with each other and with the group of affiliated Gap Inc. companies. Your personal information will be reviewed by Gap Inc. employees or agents who have a business need to access such personal information and may include recruiters, human resources personnel, technical services personnel and managers or their designees.

Gap Inc. contracts with third party service providers to manage the site and assist us with our business needs. Gap Inc. may share personal information with these service providers to the extent needed to deliver the site and services as described in this Privacy Statement. We may share personal information about you with selected service providers or consultants acting on our behalf, such as third parties assisting Gap Inc. with the operation of the Careers Site. Third party service providers receiving personal information are expected to apply the same level of privacy protection as contained in this Global Privacy Statement, and they are required to keep confidential the personal information received from us and not use it for any purpose other than as originally intended.

Parts of our site are designed to allow you and other Gap Inc. employees to share details, including photographs and videos, about their volunteer experiences, which may be publicly-accessible. For additional details on these forums, please see the section “Forum, Blogs and Social Media” below.

Gap Inc. may also disclose personal information about you in order to: (1) protect the legal rights, privacy or safety of Gap Inc. or its employees, agents and contractors; (2) protect the safety and security of visitors to our web sites or other properties (3) protect against fraud or other illegal activity or for risk management purposes; (4) respond to inquiries or requests from government or public authorities in any jurisdiction; (5) permit us to pursue available remedies or limit the damages that we may sustain; (6) enforce our Terms of Use or this Privacy Statement; or (7) comply with the law or legal process in any jurisdiction.

Gap Inc. may also transfer any and all information that we collect about you to third parties in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Gap Inc.'s assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

Except as described in this Privacy Statement, Gap Inc. is not in the business of selling or renting your information to others and will not share personally identifiable information with third parties, unless required by, or in connection with, law enforcement action, subpoena or other litigation in any jurisdiction; or as required by applicable or in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business or organization, if and to the extent legally permissible.

Regarding sharing personal information to third party, we’ll inform you relevant information per applicable law, including the recipient and its contact information, purpose of processing, ways of processing, personal information categories and obtain your separate consent.

Transfers of Your Personal Information to Other Countries

In accordance with applicable law, personal information covered by this Global Privacy Notice, any applicable employee privacy agreement between you and Gap Inc. and/or Gap Inc.'s internal policies may be transferred to, and processed in the United States or any other country in which Gap Inc., or Gap Inc.'s affiliate entities and subsidiaries or service providers maintain facilities.

If required by applicable law, we’ll inform you relevant information relating to cross-border transfer of personal information, including overseas receiver and its contact information, purpose of processing, ways of processing, personal information categories and obtain your separate consent.

Communications Preferences

If you would like to receive or unsubscribe from receiving notifications about Gap Inc. recruitment activities, including notifications about jobs which may interest you, please go to http://corporate.gapinc.com/en-us/careers and/or related website subsidiaries, from the career site homepage, 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.

Personal Information Relevant Rights

If you choose to register with Gap Inc.'s website, you may access, review, and change some of the personal information collected about you and stored therein by logging into your account on the site and updating your account information or by contacting us (see below). 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 already have 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.

If you have any questions or concerns about how we process personal information or you want to exercise relevant personal information rights, please contact us using the contact details listed below. You may access, modify or object to the use of personal information as permitted by applicable local law. Please contact us using the contact details listed below with any such requests. Please note that certain personal information may be exempt from such access, correction, or objection rights pursuant to local data protection laws.

If you have additional questions regarding your personal information, please see the section titled “How Can I Contact Gap Inc.”?

Security of Personal Information

We are committed to taking reasonable efforts to secure the personal information that we receive from you. We have in place certain adequate physical, technical, logical and organizational safeguards to help protect the security and privacy of your personal information from unauthorized, accidental or unlawful access, loss, acquisition or disclosure.

Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, you must immediately contact us by using the contact information listed below.

Gap Inc. hereby disclaims, as far as permitted by local laws, any liability for itself and its affiliated companies and contractors for any of your information sent to our site and which is lost, misused, illegally accessed, disclosed, altered or destroyed or not integrally or timely delivered.

Diversity

Gap Inc. is an equal opportunity employer, which means we offer equal treatment to all applicants. Gap Inc. does not discriminate, either directly or indirectly, on the grounds of sex, sexual orientation, trans-sexuality, race, ethnic origin, religion, belief, disability, marital status, creed, nationality, national origin, colour and/or age in any area of recruitment. In some countries we may ask for information on the ethnic origin, gender, and disability of our applicants for the purpose of monitoring equal opportunity.

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 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 site and it is your responsibility to ensure that any errors arising out of auto-population of online application fields are rectified. Similarly, it is your responsibility to ensure that any fields which are not auto-populated by such functionality are correctly completed. As described below in the Section “Linked 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, including photographs of other people, you are responsible for ensuring that you have the proper authorization to use and share those persons' personal information (which may include requirements to seek appropriate parental consent) and you should give them a copy of this Privacy Statement.

Technical Data & Cookies

Like most websites, our websites 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 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, please visit: http://www.allaboutcookies.org/manage-cookies.

To learn more about cookies, please visit: http://www.allaboutcookies.org.

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

Full Description: 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.

Links to Third Party Websites & Services

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

How Long Does Gap Inc. Retain My Information?

We will retain your personal information for the period necessary to fulfil the purposes outlined in this policy or as outlined in a Gap Inc. policy governing the retention of employee and recruitment information, unless a longer retention period is required or permitted by law.

We are required to retain information relating to candidates applying for jobs within the United States. Personal information of candidates applying for jobs in other parts of the world will be retained in accordance with local law and with the Gap Inc. data retention policy. If there is no activity in relation to the personal information, Gap Inc. may remove it from its database, subject to Gap Inc.'s data retention obligations and policies and any applicable legal or regulatory obligations or for the period of time permitted by local laws, for the purpose of considering whether your skills are suitable for other opportunities. Note that Gap Inc. may delete personal information about you per relevant requirements (including your CV/résumé). Therefore, please retain your own copy of the personal information provided to us.

How Can I Contact Gap Inc.?

Non-Gap Inc. Employees

For questions about our Privacy Statement or to request that we delete or suppress your personal information, you may submit a complaint in writing to the attention of Gap Inc., Legal Department, 2 Folsom Street, San Francisco, CA 94105 or by emailing: Mainland China:  china_jobs@gap.com; Taiwan: tw_jobs@gap.com.

Gap Inc. Employees

If you are an employee of Gap Inc., or one of Gap Inc.'s affiliates and/or subsidiaries and have questions concerning your personal information or this Global Privacy Statement, feel that your confidentiality has been compromised, or observe behavior that is inconsistent with our Code of Business Conduct (“COBC”), the following resources are available:

• Use the Open Door process and talk to your manager, next level manager or HR;
• Contact your HR Generalist or the Employee Services at the Corporate Shared Services Center (CSSC) at (866) 411.2772;
• Use the COBC Hotline: speakup.gapinc.com or 1-866-427-2633 (1-866-GAP INC.-CODE); or
• Contact Gap Inc.'s Privacy Team at: privacy@gapinc.com.

Children

Our websites are not targeted or intended for use by children under the age of eighteen (18) (for Taiwan, the age would be twenty (20)). This site is not targeted toward children under the age of 18, nor do we knowingly collect information directly from children under the age of 18. Where specifically requested, we welcome the parent or guardian of a child under the age of 18 to provide relevant information about the child. If you are aware that a child under the age of 18 is using our site and/or submitting his or her personal information directly to us, please contact privacy@gapinc.com.

Changes to This Privacy Statement

If our information practices change, we will post an updated policy on the website. You can tell if the policy has changed by checking the revision date that appears above. If we change the policy in a material way, we will provide appropriate notice to you. You may exercise your choices about how we collect and use your information consistent with this policy at any time.

 

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 Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Gap Website, or any service, content, feature or product offered through Gap Websites.

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. 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 Statement" as set out above. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.

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.

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"), you agree that Gap may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Gap. 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 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, except 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 violation 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 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.

Links to Other Websites and Services

The Sites may contain links to other websites that are not under the control of Gap. Gap has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of Gap Websites’ users.

Dispute Resolution

Mindful of the high cost of litigation, not only in monetary cost 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

(1) to Gap Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or 
(2) 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 warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, 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 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, 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.

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.