Gap Wi-Fi Terms of Use
Effective Date: November 5, 2015
Welcome to the Gap’s wireless local area network (“Wi-Fi”) services, offered at select Gap, Banana Republic, Old Navy, Athleta and Intermix stores (the "Services") as a service to our customers. Please read the terms of use (the “Terms” or “Agreement”) before using our Wi-Fi services. By accessing, browsing or connecting to the Services, 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 authorized to use our Wi-Fi services. These Terms govern your use of the Wi-Fi and any content (such as text, data, information, software, graphics, and photographs) that Gap Inc. or its subsidiaries (“Gap”) may provide to you through the Services.
Unless prohibited by law, we may update or modify the Terms or change or remove features of the Wi-Fi service at any time without prior notice. For this reason, you must review and agree to these Terms each time you connect to the Services.
Data collection and Use
If you choose to connect to the Services, Gap will receive personal information about you and your device, including information about your device’s media access control address (MAC address), Internet Protocol address (IP address), received signal strength indicator (RSSI) and technical details about your device such as its: operating system, device type (including make and model) and technical capabilities. If you have given your device a name or title, we may also receive the name of your device. We may also receive information about how you use the Services, including the store location where you connect to the Services; the areas of the store you visit; the names and/or Internet addresses of the websites you visit and/or the applications you use while connected to the Services; and how long you interact with such sites or applications. We collect this information each time you connect to the Services and combine such information for the purposes set out below.
In order to help us improve the Services and manage our technical infrastructure, we may collect and use aggregated information about our visitors’ use of the Services, including metrics and details about: bandwidth usage; how many persons pass by and/or visit our stores; the total number of connected users; the length of time users connect to the Services and the frequency of such connections. Aggregated metrics are associated with neither the details of your device nor email and cannot be used to identify you.
Additionally, we may require or may provide you with the option to submit your email address in order to connect to the Services. If you sign-up to receive marketing communications, we use your email address to provide you with personalized offers, promotions and other content. You can unsubscribe at any time by following the unsubscribe instructions included in our email communications or by following instructions provided in our privacy policies (as referenced below).
Information collected from you and your device as described above, including your email, will be used to: connect you to the Services; better understand and improve your use of the Services and your shopping experiences in our stores and on our ecommerce sites and on our apps; personalize your shopping experiences with all of our brands; promote a consistent experience across our stores, brands and technology, including our ecommerce sites and apps and in-store technologies; improve our products; manage and secure our technical infrastructure; enforce these Terms; contact you with personalized promotions and offers; and/or as otherwise described in our privacy policies.
If your mobile device WiFi is turned on, we may also receive your device ID before you connect to the Service, however, we only use this information for the purpose of sending a signal to your device indicating that the Wi-Fi Services are available.
Please note that your rights to access and modify your personal information are outlined in our privacy policies.The full text of each of our brands’ privacy policies may be found here:
For Services Obtained within the United States:
For Services Obtained within Canada:
For Service Obtain within Mexico:
For Services Obtained within France and Italy:
For Services Obtained within Japan:
For Services Obtained within the United Kingdom:
Please be aware that in accepting these Terms, you also expressly agree that the personal information that we collect in connection with your use of the Services may be transferred to thet U.S. or other countries that do not necessarily offer the same protection of personal information as your home country.
All information collected from you and your device will be shared among the Gap brands, a list of which is available here. Gap Inc. is responsible for all jointly used data.
Protection of Your Personal Data
We do our best to provide you with a safe and convenient shopping experience, and Gap is committed to taking reasonable efforts to secure personal data which you choose to provide to us. We have in place certain physical, electronic, contractual and managerial safeguard to help protect the security and privacy of your personal information provided to Gap Inc. and our brands.
The Services allow you to access Gap Inc.’s websites and mobile applications as well as those of third parties. Gap Inc. does not control any third party’s sites or privacy practices, which may differ from Gap Inc.’s policies. The personal data you choose to give to unrelated third parties is not covered by our privacy policies or these Terms. We encourage you to review the privacy policy of any company before submitted your personal information. Some third party companies may choose to share their personal data with Gap Inc. and our brands; that sharing is governed by that third party company’s privacy policy.
Security of the Services
There are privacy and security risks associated with wireless communications and the Internet in general, and your use of the Services is at your sole risk. If you choose to use the Services, you should utilize additional security measures as you feel are necessary to help ensure secure transmissions.
Gap reserves the right to monitor and store any data traffic on the Services and may terminate any connection or discontinue the Services at any time and at its sole discretion.
Your Responsibilities
Use of the Services is voluntary.
You Shall:
You may not:
Links and Connectivity to Other Web Sites and Services
The Services may contain links or allow you to connect to web sites, applications or services that are not under our control. Gap neither endorses nor claims responsibility for the web sites or services of any third party. Gap may elect to block certain websites or online services for any reason, but has no obligation to do so. You agree to comply with the terms of use for any website or service you visit using the Services.
NO WARRANTY
EXCEPT AS OTHERWISE STATED BY GAP, THE SERVICES ARE PROVIDED “AS-IS,” EXCLUSIVE OF ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WHATSOTEVER, TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILTY OR SECURITY OF THE SERVICE OR NON-INFRINGMENT OF INTELLECTUAL PROPERTY.
DATA TRANSMITTED THROUGH THE SERVICE BY ANYONE OTHER THAN GAP ARE AT THE SOLE RESPONISBILTY OF THE ORIGINATOR. WE ARE NOT RESPONSIBLE FOR ANY DATA TRANSMITTED BY THIRD PARTIES, WHETHER OR NOT WE REVIEWED OR MONITORED THE DATA AND/OR SERVICES.
GAP EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE SERVICES, ALTHOUGH GAP INC. MAY MODIFY THE SERVICES AT ANY TIME, WITHOUT NOTICE.
NO DAMAGES
SOLELY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT GAP’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY A GAP PARTY’S NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; OR (II) FRAUD OR FRAUDULENT MISREPRESENTATION.
BY CONNECTING TO AND/OR USING THE SERVICES, YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING UPON THE SERVICE AND ANY AND ALL COSTS ASSOCIATED WITH THE SERVICE (INCLUDING ANY APPLICABLE MOBILE DATA RATES). SUBJECT TO THE LIMITATIONS ABOVE, IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL GAP (OR ANY OF ITS SUBSIDIARIES) HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, LOST PRODUCTIVITY, HARDWARE, SOFTWARE OR TECHNICAL ASSISTANCE GIVEN BY GAP (AND ITS SUBSIDIARIES) STAFF TO GAIN ACCESS TO THE SERVICES.
Indemnification
You agree to defend, indemnify and hold Gap harmless from any and all claims, damages, fines, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of any representation, warranty or other provision of the Terms..
Dispute Resolution
Mindful of the high cost of litigation, not only in monetary terms 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 any transaction conducted on the Services, or the breach, enforcement, interpretation, or validity of this Terms or any part of it ("Dispute") (including non-contractual Disputes), 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:
For Services Obtained in the United States:
Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or
For Service Obtained within Canada:
Gap Canada, 60 Bloor Street West, Suite 1501, Toronto, Ontario M4W 3B8, with a copy to Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General counsel; or
For Services obtained within Mexico:
Old Navy, Legal Department, Paseo de la Reforma, No. 199 Desp. 602, Col. Cuauhtemoc, 06500, Mexico, D.F, Attn: General Counsel with a copy to Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General counsel.
For Services obtained within Japan:
Gap Japan, Legal Department: Yubingbango151-0051 Shibuya-ku, Tokyo Sendagaya 5-32-10 Gap Japan Co., Ltd., Attn: Legal Department
For Services obtained within France:
Gap EHQ, Freepost WD 3719, Castle Mound Way, Warwickshire, CV230BR, United Kingdom, Attn: Legal Department
For Services obtained within Italy:
Gap EHQ, Freepost WD 3719, Castle Mound Way, Warwickshire, CV230BR, United Kingdom, Attn: Legal Department
For Services obtained within the United Kingdom:
Gap EHQ, Freepost WD 3719, Castle Mound Way, Warwickshire, CV230BR, United Kingdom, Attn: Legal Department
To You:
At your last-used billing address or the billing and/or shipping address and/or email address in your online profile.
Unless prohibited by law, 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
Unless strictly prohibited by local law, you agree that the Terms shall be construed in accordance with: (i) the laws of the State of California, without regard to any conflict of law provisions (if you access the service within the United States); or (ii) the laws of Ontario, Canada, without regard to any conflict of law provisions (if you access the service within Canada); or (iii) the laws of Mexico (if you access the service within Mexico); or (iv) the laws of Japan (if you access the service within Japan); or (v) the laws of France (if you access the service within France); or (vi) the laws of Italy (if you access the service within Italy); or (vii) the laws of England (if you access the service within the U.K.).
Any dispute (including non-contractual disputes or claims) arising under the Terms shall be resolved exclusively by: (i) the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California (for Services obtained in the United States); (ii) the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario (for Services obtained in Canada); or (iii) the local and/or federal courts of Mexico City, Mexico (for Services obtained in Mexico); or (iv) the Tokyo District Court (for Services obtained in Japan); or (v) the courts located in Paris (for Services obtained in France); or (vi) the court located in Milan (for Services obtained in Italy); or (vii) the courts of England and Wales (for Services obtained in the U.K. and/or Europe).
The waiver of any provision of the Terms 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 Terms 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. The Terms constitutes the entire agreement between us relating to your use of the Services.
Termination
These terms are effective unless and until terminated by either you or Gap . You may terminate the Terms and your use of the Services at any time. Gap . also may terminate these Terms at any time without notice, and accordingly may deny you access to the Services, if in our sole judgment you fail to comply with any term or provision of the Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.
Privacy Policy
Last Revised August 15, 2014
Gap Inc. Privacy Policy Highlights
Read our Full Privacy Policy Here
Typical Information We Collect About You
Key Ways We Use Your Information
We Share Your Information With
Your Choices
Questions about Privacy?
Please contact us here
Gap Inc. Privacy Policy
This policy describes the personal information Gap Inc. and our brands, which include but are not limited to Gap, Banana Republic, Old Navy, Gap Outlet, Banana Republic Factory Store, Piperlime, and Athleta (collectively, "Gap Inc.") collect about you, why we collect it, how we use it, and when we share it with third parties. This policy covers our US stores and online experiences including our websites and mobile apps. Our policy also describes the choices you can make about how we collect and use your information. If our information practices change, we will post an updated policy on our 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.
If you have any questions about our privacy policy, please contact us as described in the section entitled, "How do I contact you?", below.
What kind of information does Gap Inc. collect?
We may collect personal information from you, such as your name, email address, postal address, phone number, credit card number, gender, birthday, personal interests, etc., when you visit one of our websites or stores, install or use our mobile apps, place an order online or by phone, make an in-store purchase, save your information with us online, contact us with a question or concern, or participate in a contest, promotion, or survey. We maintain a record of your product interests and the purchases you make online, through a mobile app, or by phone and in our stores. We also collect information about the device you use to access our websites or mobile apps such as your computer's IP address, your browser type, your operating system, and other technical information. Our mobile apps may also collect information about your location if you have allowed this. We may combine all of this information with information about you that we acquire from our joint marketing partners, from unrelated third parties, and from our other brands.
How does Gap Inc. use my information?
We may use your personal information in the following ways:
You always have the choice not to receive marketing information or calls. For instructions on opting out, please see the section entitled, "How do I make choices about receiving promotional communications?", below.
Does Gap Inc. share my information?
We may share your personal information in the following ways:
In addition, if you choose to participate in any third-party scrip, loyalty, or similar program in which a Gap Inc. brand is a participating vendor, and you authorize Gap Inc. or our credit card processor to provide information about your purchases to the company administering the program, we will share your personal information with that program. Scrip programs allow you to instruct us to divert a percentage of the amount you spend on Gap Inc. purchases to participating schools and other non-profit organizations. Loyalty programs allow you to earn "points" on purchases at Gap Inc. brands, which you may then use toward certain rewards offered by the loyalty programs in which you participate. The information you authorize us to disclose to the third-party scrip or loyalty program may include your credit card number and the date and amount of your purchase, and may also include your name and other information you have asked us to provide. Please note that once we disclose this information, the scrip or loyalty company may use and share it with others in accordance with its own privacy policy. You should review these policies carefully, as we have no control over them.
In the unlikely event of a sale or merger of Gap Inc. or any of our businesses, our customers' personal information and other information we have collected as described in this policy may be among the transferred business assets.
How do I access or change my information?
You can review and change certain personal information related to your use of our online sites (such as your name and contact information). To access your information at a Gap Inc. website, simply sign in to your account using your email address and password, and you will be able to edit your personal information in your account profile.
You can also ask us to update your personal information by contacting us as described in the section entitled, "How do I contact you?", below. Please note that any request to update your personal information may take up to 10 days for your email request and 6-8 weeks for your postal mail request.
How do I make choices about receiving promotional communications?
Gap Inc. and our brands, including Gap, Banana Republic, Old Navy, Gap Outlet, Banana Republic Factory Store, Piperlime, and Athleta, want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information, such as information about special offers and sales events, from one or more of our brands, you can let us know by contacting our customer service as described in the section entitled, "How do I contact you?", below or you can click on the self-service unsubscribe links below.
Banana Republic Factory Store Unsubscripe
If contacting customer service, please be sure to include your full name and the email address you used when you registered with or made a purchase from the Gap Inc. brand. If you ask us to remove your name and address from promotional lists, we will maintain your name in a "do not contact" file to ensure that we can honor your request. It may take up to 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from Gap Inc.
If you change your mind, you can start receiving promotional communications from us again by logging into your online account and changing your preferences, by signing up when you visit our websites or our stores or when you enter a sweepstakes or contest, or by contacting customer service.
Please note that when you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email or postal mail with questions or information regarding your order.
How do I stop receiving Athleta catalogs?
If you no longer wish to receive Athleta catalogs or wish to alert us to duplicate mailings, please contact Athleta customer service as described in the section entitled, "How do I contact you?", below. Please provide your exact name, postal address, and email address so that your request can be effectively processed. It may take up to 90 days in order for your information to be completely removed from our list.
To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org/.
How does Gap Inc. protect kids' privacy?
Gap Inc. is concerned about the privacy and safety of children when they use the Internet. We will never knowingly request personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent. Our websites are general audience sites and are not targeted to or intended for use by children.
How does Gap Inc. use cookies and other tracking technologies?
Our websites use "cookies," and pixel tags and other tracking technologies, to help enable you to shop on our websites and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience. These technologies may also be used to determine the ads you see on our sites and also on other sites. For information about targeted online advertising and your choices related to it please see the next section.
You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you will not be able to access your account information or make purchases on our websites.
These technologies may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the sites and our online ads.
Pixel tags in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We may combine the information we collect through these technologies with other information we have collected from and about you and use it as described in this policy.
How is my information used for behavioral or targeted advertising and what choices do I have?
We use our own cookies to help determine which of our ads are shown to you on other websites. To opt out of this targeted online advertising by Gap Inc. that utilizes our cookies, please click here.
We also work with third-party companies that use their tracking technologies (including cookies and pixel tags) on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications. For more information about this practice and to understand your options including how to opt out of receiving these tailored advertisements, please visit http://www.aboutads.info.
Please note that even if you opt-out, these tracking technologies may still collect data and you will still see ads, but they will not be targeted based upon the information collected through these tracking technologies.
How do I know my personal information is secure?
We do our best to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to help protect the security and privacy of your personal information.
When you enter your personal information on our websites, we use encryption technology to protect your information as it is transmitted to us.
If for any reason you cannot access the secure server, or if you're not quite comfortable shopping online at any of our websites, please feel free to place your order with us by telephone at the number listed in the section entitled, "How do I contact you?", below.
"Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email.
I received a suspicious email from a Gap Inc. brand regarding an order I did not place. What should I do?
We are aware of phony emails sent out under our brand names. These emails did not originate from Gap Inc., and individuals who received fraudulent order status emails have not been charged. For your protection, do not click links or open any files attached to suspicious, unsolicited emails. If you believe your personal computer has been compromised as a result of the scam, please consult an IT professional. For more information, contact the FBI's Internet Crimes Complaint Center: http://www.ic3.gov/default.aspx. We work with law enforcement on their investigations of these kinds of fraudulent emails.
I responded to an online job posting for a Gap Inc. job that requires me to upload personal financial information. Is this part of your hiring process?
No. Gap Inc. does not ask prospective job applicants for information about their bank accounts, credit history or passwords to financial accounts. If you are asked for personal financial or security information in response to a job application, this is likely a fraudulent job listing hosted by spammers posing as Gap Inc. to mislead job applicants. You can validate all Gap Inc. job postings on gapinc.com/careers. Spammers also create phony aliases such as thegap-usa.com to mimic our company and/or brand names in an effort to commit identity theft or other forms of fraud. If you receive this type of suspicious email activity, please alert the FBI's Internet Crimes Complaint Center: http://www.ic3.gov/default.aspx.
What about links to other websites?
For your convenience and information, our websites may contain links to other sites, which may have privacy policies that differ from our own. We are not responsible for the content or practices of any linked site. We recommend that you review the privacy policy of any site that you access through our sites.
For questions about our privacy policy, to make choices about receiving promotional communications, to update your personal information, or to place an order, you can contact any of our Gap Inc. brands by email, telephone, or postal mail:
Gap Customer Services
5930 Gap Online Drive
Groveport, OH 43195-0002
1-800-GAPSTYLE (1-800-427-7895)
1-888-906-1104 (TDD hearing impaired)
[email protected]
Banana Republic Customer Services
5900 North Meadows Drive
Grove City, OH 43123-8476
1-888-BR STYLE (1-888-277-8953)
1-888-906-1345 (TDD hearing impaired)
[email protected]
Old Navy Customer Services
200 Old Navy Lane
Grove City, OH 43123-8605
1-800-OLD-NAVY (1-800-653-6289)
1-800-449-4253 (TDD hearing impaired)
[email protected]
Piperlime Customer Care
5900 Piperlime Lane
Grove City, OH 43123
1-877-PIPERLIME (1-877-747-3754)
1-888-906-1345 (TDD hearing impaired)
[email protected]
Athleta Customer Service
5900 North Meadows Drive
Grove City, OH 43123
1-877-3ATHLETA (1-877-328-4538)
1-888-906-1345 (TDD hearing impaired)
[email protected]
Your California Privacy Rights
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
Legal Department
2 Folsom Street
San Francisco, CA 94105
