1. This website is owned and operated by Gildan Activewear SRL (hereinafter the "Site Owner" or "we", or "us"). Your use of this website is subject to the following terms and all applicable laws.
4. Collection and Use of Information. The Site Owner obtains its information about you directly from you. Depending on the type of product or service requested, the Site Owner may require information such as your name, birthday, gender, address, shipping address, email address, telephone number, or credit card number and other additional Personal Information. Personal Information will be collected only for the purpose of fulfilling the specific request for information or for products or services requested at the time the information is collected unless you specifically consent, at the time, to another use of your personal information.
In addition, we collect other information that is not Personal Information, including IP addresses, aggregate user data, site usage information, and browser type to help diagnose problems with our server, manage and improve this Website, track usage, and for security and monitoring purposes. This information aids us in merchandizing and improving the design and layout of this Website. This non-personal information does not identify you personally.
We do not retrieve any information from your personal computer and will not disclose any of your personally identifiable information except when the Site Owner has your express consent or under special circumstances, such as when the Site Owner believes in good faith that the law requires it to do so.
5. The Legal Basis on Which We Use Your Personal Information. We must have a legal basis to process your Personal Information. In some cases this may be to fulfill our contractual obligations to you, for example to process your orders, or contact you with order information.
We may also process your Personal Information to meet our legitimate interests, for example, to understand how you use our services and to derive knowledge from that to enable us to develop new services and to improve your customer experience. When we process Personal Information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
We may also process your personal information to comply with our legal obligations, for example, to comply with applicable tax/revenue laws, resolve disputes or enforce our agreements.
7. Transfers. We operate a global business. By using our services, you understand that we may transfer some of the information we gather to the United States for storage purposes.
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.
We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place please contact us at the details below.
To the extent that Site Owner is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal basis to transfer your information:
Necessary for the performance of the contract between Site Owner and its members
As we operate in countries worldwide (including in the US) and use technical infrastructure in the US to deliver services to you, in accordance with the contract between us, we need to transfer your personal information to the US. We cannot provide you with our services and perform our contract with you without moving your personal information to the US.
8. Information Retention. We will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your American Apparel member account), as described in this policy, or as needed to provide services to you. If you no longer want the Site Owner to use your information to provide services to you, you may close your account. Site Owner will retain and use your information to the extent necessary to comply with legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files that are only used in the event an order is abruptly ended. These log files are generally retained for a brief period of time, except in cases where we are legally obliged to retain them for longer periods.
10. Your Rights over Your Personal Information. You have certain rights regarding your personal information, subject to local law. These include the right to access your Personal Information, rectify the information we hold about you, erase your personal information, restrict our use of your personal information, object to our use of your personal information, receive your information in a useable electronic format and transmit it to a third party (right to data portability) and lodge a complaint with your local data protection authority. If you would like to discuss or exercise such rights please contact the Site Owner’s Privacy Officer, Eva Gazurek at [email protected].
We encourage you to contact us to update or correct your Personal Information if it changes or if the Personal Information we hold about you is inaccurate.
We will contact you if we need additional information from you in order to honour your requests.
11. Security and Risks Related to Internet. This Website has security measures in place to help protect the loss, misuse and alteration of the information under the Site Owner’s control. This Website uses no encryption (data scrambling) on certain portions of this Website, but uses encryption on portions where you are transmitting financial information, such as credit card information. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Although every effort is made to ensure no one else will view, seize or obtain your Personal Information, complete confidentiality and security is not yet possible over the Internet. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss and alteration. The Site Owner, its agents, administrators, employees and affiliates may not be held liable for any damages you or anyone else may suffer or incur as a result of the transmission of confidential or sensitive information over the Internet, and that all such communications will be made at your own risk.
12. Monitoring. The Site Owner may, from time to time, monitor access to, use of and other activities relating to this Website for the purposes of maintenance of this Website, reviewing proper and legal use of this Website and security-related issues. The Site Owner may intervene in relation thereto but does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention.
13. Hyperlinks to Other Sites. This Website may contain hyperlinks to other sites. The Site Owner is not responsible for the privacy practices or the content of such websites and any information that you provide to such other websites shall be subject to the privacy policies of the owners of such other websites.
14. Use of Personal Information by Employees of the Site Owner Certain employees of the Site Owner or of its affiliates will be provided with information about you in order to provide services or information that you have requested regarding specific products or services. These employees are instructed to use strict standards of care in handling your personal and confidential information.
15. YOU HEREBY EXPRESSLY CONSENT TO THE DISCLOSURE BY THE SITE OWNER OF YOUR PERSONAL INFORMATION TRANSMITTED THROUGH THIS WEBSITE TO THE SITE OWNER’S EMPLOYEES AND TO THE SITE OWNER’S AFFILIATE’S EMPLOYEES IN ORDER TO ALLOW THEM TO PROVIDE YOU WITH THE PRODUCTS AND SERVICES THAT YOU MAY REQUEST. YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT AT ANY TIME.
16. Information about Products and Services. The Site Owner may occasionally send you e-mail messages about products and services where you have specifically consented to receive such information. If you do not wish to receive such mailings, you may do so by cancelling your subscription to such email messages by contacting the Site Owner at https://www.americanapparel.com/account/update-my-profile.jsp.
18. Severability. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
20. Governing Law. These terms shall be governed by the laws of the State of New York applicable thereto without reference to principles of conflict of laws. You agree to be bound by such laws.
21. Jurisdiction. This Website is controlled and operated by the Site Owner from Newton Christ Church BB 17047, Barbados.
22. Contact Information. All complaints and requests for access to, or modification or destruction of personal information may be made to Site Owner’s Privacy Officer who can be reached by any of the following means:
Mail : Gildan Activewear SRL
To the attention of Eva Gazurek, Privacy Officer
Newton Christ Church BB 17047
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority of the country in which you are a resident.