GAP INC. PRIVACY WEBSITE POLICY
Gap Inc. Passport Website Privacy Notice
DATE: DECEMBER, 2015
Gap Inc. Inc. and our global companies and subsidiaries (Athleta, Banana Republic, Banana Republic Factory Stores, babyGap, Gap, GapKids, Gap Factory, Gap Outlet, Intermix and Old Navy) 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://www.gapinctalent.com, 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.
As described below, if you apply for a job through the site, Gap Inc.'s use of the Personal Information you provide is governed in a separate applicant agreement, not 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 site as part of the job application or job search process, the following information may be collected:
- 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;
- Demographic information and marital status;
- 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 this 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.
The following sensitive personal information is requested: race, ethnic origin, religious affiliation, beliefs, disability, nationality, national origin, date of birth. To the extent the personal information you provide contains details of your: racial or ethnic origin; religious beliefs: commission (or alleged commission) of an offense or related proceedings; job evaluations educational records, or financial information or account numbers you expressly authorize Gap Inc. to handle such details for the purposes of your job application.
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 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;
- Help you to register for Gap Inc. employment benefits;
- 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 records 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 including Taleo, an Oracle Company, which hosts this 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 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; 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.
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 you chose to provide us with personal data through the site, you acknowledge and agree that such personal data may be transferred from your current location to the offices and servers of Gap Inc. and any authorized third parties referred to herein, even if the level of data privacy required in that country is less than the level required by your country.
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 gapinctalent.com 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.
Access and Corrections
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.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 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 physical, technical, logical and organizational safeguards to help protect the security and privacy of your personal information from unauthorized access, 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.
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).
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.
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
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 Notice. 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 Notice. 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 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 at any time (including your CV/résumé), without any reason. 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: firstname.lastname@example.org.
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: email@example.com.
Our websites are not targeted or intended for use by children under the age of sixteen (16). This 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. Where specifically requested, we welcome the parent or guardian of a child under the age of 16 to provide relevant information about the child. If you are aware that a child under the age of 16 is using our site and/or submitting his or her personal information directly to us, please contact firstname.lastname@example.org.
Changes to this Policy
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.
California Privacy Rights
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.
As described above, we deploy cookies, tracking pixels, web beacons and other technologies on our websites and mobile applications. We may also collect information through our in-store technologies, such as our in-store Wi-Fi service. Those tools may be used by us to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
California Civil Code Section 1798.83 permits customers of Gap Inc. who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:
Gap Inc. - California Privacy Rights
2 Folsom Street
San Francisco, CA 94105
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.
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
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:
- does not utilise content of a Gap Website;
- does not utilise a Gap logo;
- does not use framing of a Gap Website;
- does not misrepresent an affiliation or other relationship with Gap;
- does not misrepresent any possible endorsement by Gap;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- 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.
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.
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.
You agree to defend, indemnify and hold Gap harmless from and against any and all claims, damages, costs and expenses, including lawyers' fees, arising from or related to your use of Gap Websites and/or your breach of any representation, warranty or other provision of the Agreement.
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
(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.
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.
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.
GAP INC. APPLICANT AGREEMENTS
Before we get started, we request that you read through the following agreements. In order to continue to the application process, you will need to agree to these statements. If you do not agree and click the "I Decline" button, you will automatically exit this system. During this online application process you will be asked to provide information required for our application such as past employers and educational history. If you do not have that information available at this time, please feel free to log back in with your new username and password. Any information will be saved. This application will take approximately 15 – 30 minutes to complete online.
Gap Inc. is an equal-opportunity employer and is committed to providing a workplace free from harassment or discrimination. All employment decisions are to be made without regard to race, color, age, gender, sexual orientation, religion, marital status, pregnancy, national origin/ancestry, citizenship, physical/mental disability, military status or any other basis prohibited by law. This policy applies to our employees, applicants, customers and business partners (including independent contractors, vendors and suppliers). Should you have a need, Gap Inc. will provide a reasonable accommodation to complete the application upon request. Applicants requiring such accommodation are encouraged to see a manager at any of our locations. By proceeding you are indicating that you understand the preceding statements.
By completing this application, you certify that all of the information you supply in this application is a true and complete statement of the facts, and you understand that if employed, any false statement or omission could result in intermediate dismissal. You understand that Gap Inc. may share the information contained in this application with other Gap Inc. employees for employment and administrative purposes, and to verify employment eligibility through the federal E-Verify system, and hereby consent to such transfer. By proceeding with this application, you authorize Gap Inc. to contact your references, as well as current and previous employers, to obtain information on your work history and qualifications for employment.
You also agree to the following representations: If I am employed, I agree to abide by the rules and regulations of the Company. I understand that my employment is at-will. This means that I do not have a contract of employment for any particular duration or limiting the grounds for my termination in any way. I am free to resign at any time. Similarly, Gap Inc. is free to terminate my employment at any time for any reason. I understand that while personnel policies, programs and procedures may exist and be changed from time to time, the only time my at-will status could be changed is if I were to enter into an express written contract with Gap Inc. explicitly promising me job security, containing the words, "this is an express contract of employment" and signed by an officer of Gap Inc. The above language contains our entire agreement about my at-will status and supersedes any past, future, or oral side agreements.
Notice to applicants in California, San Francisco: Fair Chance Ordinance – Gap Inc. and its related brands will consider for employment, qualified applicants with criminal histories in a manner consistent with the San Francisco Fair Chance Ordinance.
Notice to applicants in Maryland: Under Maryland law, an employer may not require or demand that an individual take a lie detector or similar test as a condition of employment or continued employment. An employer who violates this law is guilty of a misdemeanor and subject to a fine not exceeding $100.
Notice to applicants in Massachusetts: It is unlawful in Massachusetts to require or administer a lie detector test as a condition of employment or continued employment. An employer who violates this law shall be subject to criminal penalties and civil liability. This application for employment contains certain background check disclosures and a consent form, which will require an electronic consent.
Notice to applicants in New York: New York has legislation that requires employers to provide a copy of New York Correction Law Article 23-A to any individual whose background check reveals a criminal conviction, even if no adverse action is planned based on the conviction. Accordingly, below is a copy of Article 23-A:
New York State Correction Law
Article 23-A, Section 753
Licensure and Employment of Persons Previously
Convicted of One or More Criminal Offenses
Factors to be considered concerning a previous criminal conviction; presumption.
In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:
- The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.
- The specific duties and responsibilities necessarily related to the license or employment sought.
- The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.
- The time which has elapsed since the occurrence of the criminal offense or offenses.
- The age of the person at the time of occurrence of the criminal offense or offenses.
- The seriousness of the offense or offenses.
- Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.
- The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.
- In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.
Please indicate your agreement the above statements by choosing "I Accept" or if you do not agree choose "I Decline" at this time.