Last Updated: October 2017
PLEASE READ CAREFULLY BEFORE USING THIS SITE.
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
USE OF MATERIALS; RESTRICTIONS
This website and all materials on the website, including, but not limited to, images, illustrations, articles, postings (the “Materials”) are the property 8TwentyEight and its affiliates and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by 8TwentyEight and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from 8TwentyEight, or any other site owned or operated by 8TwentyEight without the prior written permission of 8TwentyEight. However, you may download or make one copy of the Materials and other downloadable items displayed on the website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of 8TwentyEight’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without prior written permission from 8TwentyEight.
TRADEMARKS AND SERVICE MARKS
The entire contents of the site are protected under U.S. and international intellectual property laws. This site is the property of 8TwentyEight. © 2017 8TwentyEight All rights reserved.
8TwentyEight and its licensors are the sole and exclusive owners, throughout the world, of copyright and all rights of copyright in and to the site and materials contained thereon under the United States Copyright Act and international laws and conventions. Visitors may not copy, reproduce, or transmit any materials appearing in the site without the express prior written permission from the copyright owner(s).
8TwentyEight name and logo (including the “3 spikes”), and all related product and service marks and slogans are the service marks and trademarks of 8TwentyEight. All other product and service marks contained on the site are trademarks of their respective owners. You may not use or alter any 8TwentyEight trademarks, service marks or logos without the prior written consent of 8TwentyEighty the trademark owner.
8TwentyEight reserves its rights in all intellectual property contained in the Website. Visitors are advised that the 8TwentyEight may aggressively enforce its intellectual property rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution.
COLORS AND STYLE
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.
THIRD PARTY PRODUCTS AND SERVICES
8TwentyEight is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from 8TwentyEight , and 8TwentyEight has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by 8TwentyEight of that third party or of any product or service provided by a third party.
Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. 8TwentyEight disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. 8TwentyEight does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. 8TwentyEight makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will 8TwentyEight be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.
WORLD-WIDE APPLICABILITIES AND LAWS
This website is presented by 8TwentyEight from within the United States, and 8TwentyEight makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
Gap Inc. 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.
JURISDICTION AND VENUE
You agree that any legal action brought against 8TwentyEight shall be governed by the laws of the State of Indiana without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the 8TwentyEight sites shall be an appropriate federal or state court located in La Porte County Indiana.
1. Our Commitment to Your Privacy
This Policy describes the types of information we may collect from you or that you may provide when you visit or use the website 8TwentyEight/ (our “Website”) or make purchases from vendor locations, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
In this Policy, personal information means any information by which you can be identified or contacted, such as your name (first and last), mailing address, email address, telephone number, billing information, etc.
This Policy applies to information we collect:
- On this Website.
- In email, text, and other electronic messages (including interaction through social media) between you and us, this Website, or our Stores.
- When you purchase something at a live vendor event location.
- When you participate in our events or contests.
- When you participate in our mobile campaigns.
- When you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this Policy.
It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website
This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
*VISITORS AND SUBSCRIBERS OUTSIDE THE UNITED STATES
Access and use of the Website from outside the United States is governed by United States laws and regulations, and any applicable information that you provide to us via registration, subscription or placing orders through the Website, will be stored in the United States. By visiting the Website and submitting information, you authorize and agree to the use and processing of your information in the United States in accordance with United States laws and regulations.
2. Children Under the Age of 13
Our Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us.
3. Information We Collect About You and How We Collect It
8TwentyEight may collect, use and disclose the personal information of its customers and other individuals for the purposes of its business operations. In each case, the precise nature of the collection, use and disclosure of personal information depends on the nature of your interaction with us (for example, the products or services you request and receive from us). Examples of information we collect about you and how we collect it are described below:
User-Provided Information : You may be required to provide personal information to access or use certain parts of our Website, make purchases in our Stores, or features of the Website or services, including without limitation, when you place an order whether online or in Stores, enter a competition, sign up for a loyalty program, subscribe to a newsletter, fill out a form, chat with a specialist or customer service representative, participate in any online forums or blogs, participate in any of our programs such as contests, sweepstakes or surveys, contact us with a comment, testimonial, question or complaint, request catalogues or register your product online, apply for a job or contract with us, obtain employment from us or one of our suppliers, contractors, dealers, related companies, or agents, etc. The nature of the personal information we collect will depend on your use or visit of the Website. It is completely optional for you to engage in these activities. However, if you do not provide the requested personal information, you may not be able to access or use the features of the Website or services where such information is requested.
Depending upon the nature of the transaction, the personal information collected may include your first and last name, mailing address, telephone number, email address, fax number, date of birth, age, gender, or other demographic information. When ordering products on our Website, you may be asked to provide credit card or debit card details, telephone number and the data we collect includes content of your abandoned shopping cart, payment method, delivery method and delivery address. When purchasing products at live vendor events, we may collect email addresses, phone numbers, product information, payment method and location of the event. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. If you correspond with us by email or mail, we may retain the content of your correspondence (including email addresses) and our responses. If you publish a review on our Website or share content, personal preferences, experiences, or reviews with us online or through social media, we may collect those opinions, preferences and interests. If you apply for a job or contract with us, we may collect your contact details, information about your work history and relevant records checks. We may collect this information directly from you, from any recruitment consultant or from your previous employers and others who may be able to provide information to assist us in our decision on whether or not to make you an offer of employment or engage you under a contract.
We may also collect personal information about you from other third parties, such as demographic firms, to make our future services and marketing efforts more efficient and personalized for you. We may combine all information we collect and may disclose this information within our corporate family of companies or our service providers.
Your Use of Our Website : In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. We are, however, able to determine your Internet Protocol (IP) address. We use your IP address to help diagnose problems with our server, administer our Website, monitor the use of our Website and improve the content of our Website. In short, we use your IP address to gather aggregate demographic information.
Cookies Information: When you visit the Website, we may send one or more cookies “a small text file containing a string of alphanumeric characters“ to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Website. A cookie does not collect personal information about you. We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Website or services may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, IP addresses or other device identifiers, browser information, Internet Service Provider (“ISP”), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Website or services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make this Website better for our users.
4. The Purposes for Which We Collect, Hold and Disclose Your Personal Information
We collect the personal information we need to provide products, services and information to our customers and the community and for our business operations generally. If you choose not to provide certain personal information to us, we may not be able to provide you with the products, services or information you require.
We and the organizations to which we disclose your information (see section 5 below) use your personal information for the purposes for which it was collected or as otherwise permitted by law, for example:
- To operate, maintain, and provide to you the best possible features, products, and functionality of this Website.
- To provide you with information, products, or services.
- To process your order and contact you regarding processing issues.
- To process registration requests when you register our programs or services.
- To respond to your comments, questions or complaints and determine your satisfaction with our programs, products and services.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though our Website.
- To administer a promotion, contest, survey or any other Website feature.
- To send you marketing communications and other information and materials you have chosen to receive regarding our products, services, marketing or special events. You can opt out at any time.
- To conduct market research.
- For any other purpose with your consent.
We also use your personal information for our everyday business purposes such as security, processing online orders, payment processing, analytics, operations, fraud detection and prevention, reporting, making back-ups and legal compliance.
By providing 8TwentyEight your email address, you consent to our using the email address to send you Website and service-related notices, including any notices required by law, in lieu of communication by postal mail. From time to time, we may also use your email addres including, but not limited to, newsletters, marketing materials, push notifications, payment information, credit card update notifications, account status, legal updates, changes to features of the Website or services, product updates, special offers or promotions, or other account information. If you do not wish to receive further email communications from 8TwentyEight, you can send us an email and tell us that you do not want to receive future email communications or click on the opt out link contained in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of service-related emails such as delivery notifications, order processing information.
Any personal information or content you voluntarily disclose for posting to the Website (for instance, any content you post) (referred to herein as “User Content”) becomes available to the public via the Website and our business partners. User Content includes, but is not limited to, testimonials, reviews, comments, photos, videos, etc. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
8TwentyEight 8TwentyEight may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Website is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements, promotions and processing orders.
8TwentyEight may develop special sites or administer promotions in cooperation with other companies. If you register at these co-branded sites or consent to receive email communications from our promotional partners, we may share your registration information (such as name and email address) with those companies.
5. How Your Information May Be Disclosed
We fully cooperate with law enforcement agencies in identifying those who use our Website or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc. ) with interested third parties to help them understand the usage patterns for certain services.
6. How We Protect Your Information
We want you to have continuing trust in 8TwentyEight and in our products and services. 8TwentyEight uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure and we cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. As a result, while we strive to protect your personal information and privacy, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) we cannot ensure or warrant the security of any information you transmit to 8TwentyEight or the Website and you do so at your own risk.
7. Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, 8TwentyEight will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.
8. How You Can Access or Seek Correction of Your Personal Information.
You can seek access to personal information that we hold about you by contacting the Privacy Officer using the details set forth in section 14 of this Policy. In some circumstances it may not be possible to provide you with all of your personal information. Where this is the case, we will tell you why. When you request access, we may need to take measures to verify your identity.
If you think that any personal information we hold about you is inaccurate and would like to request that we correct it, please contact our Privacy Officer using the details set out in section 14 of this Policy and we will take reasonable steps to ensure that it is corrected.
9. Changes to Our Policy
We may need to update this Policy from time to time to reflect our changing business practices. It is our policy to post any changes we make to our Policy on this page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.
10. Links to Other Websites
We are not responsible for the practices employed by websites linked to or from our Website nor the information or content contained therein. 8TwentyEight may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by 8TwentyEight of any of the linked sites. Please remember that when you use a link to go from our Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding. We do not ensure the security of your personal information if you visit websites not belonging to 8TwentyEight .
11. Notification Procedures
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website, as determined by 8TwentyEight in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
12. Your California Privacy Rights
California Civil Code Section 1798. 83 permits California residents to request and obtain from us a list of what personal information (if any) we shared with third parties or corporate affiliates for those entities’ direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
If you are a California resident and would like a copy of this notice, please submit a written request to hello@8TwentyEight. For all requests, you must put the statement “California Privacy Rights Notice” in the body of your request, as well as your name, street address, city, state, and zip code. You also need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
13. California Do Not Track Disclosures
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to “Do Not Track” (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.
14. How to Contact Us
If you have any questions about this Policy, the practices of this Website, your dealings with this Website, or wish to update us with your preferences, please contact our Privacy Officer using the contact details provided below: