PRIVACY AND CONFIDENTIALITY - AMERICAN APPAREL
Last Modified: September 2023
- What information do we collect?
- Why do we collect personal information and how do use it?
- Legal basis for collecting and using your personal information
- To whom do we disclose your personal Information?
- Cross-jurisdictional transfers
- Social media and technology integrations
- Cookies and advertising services provided by third-parties
- Information Retention
- Your Rights over your personal information
- Security and risks related to the internet
- Children’s Policy
- How to contact us
- Additional Disclosures (for Nevada and California Residents)
1. What Information do we collect?
Depending on how you interact with our website or otherwise in your interactions with us offline, we collect various types of information, including personal information. In general terms, privacy legislation defines personal information broadly as information about an “identifiable individual” or as information that directly or indirectly allows an individual to be identified.
When you use this website, visit our administrative offices, or attend to tradeshows or other events, sign up for our newsletter or subscribe to receive more information about our products, use our services, or download or request any materials from our website, we may collect the following categories of personal information:
Information you provide to us:
- Identifiers and Contact Information. If you subscribe to our newsletter or marketing campaigns (including SMS campaigns), or use the “Contact Us” button available in our site we will receive your contact information which could include, depending on how you contact us, your email address, first name and last name, phone number, the reason for contacting, country and postal address and any other content you share within messages when you contact us or engage with our customer service.
- Contact and Account Information. We receive and store the information you provide directly to us when you sign up or create an account with us in connection to your review of our products or marketing materials, or your participation to contests and sweepstakes, or when you respond to a survey. The types of information we may collect directly from you include first and last name, date of birth, including demographics such as age or gender, email address, mailing address, telephone number, job title, country, postal address.
We do not collect sensitive personal information. We are not in control if you choose to voluntarily provide other personal information to us that we do not request and in such instances, you are solely responsible for such information.
When you use our website, we collect the following information:
- Anonymous browsing. You may visit this website without telling us who you are or revealing any information about yourself, including your email address. In this case, our web server may collect the IP address and domain you used to access this website, your geographic location, the type and version of the browser, device, and operating system you are using, and the website you came from and will visit next. This information is used by us and our business partners to measure the number of visits, average time spent, page views and other statistics about visitors to this website in general. We may also use this data to monitor site performance for systems administration purposes to make this website easier and more convenient to use, and to report information in aggregate form to our service providers (e.g., how many visitors access this website).
If you prefer not to be recognized when you visit our website, you can always connect using an incognito browser window. You can also remove traces of your visit by clearing your browser history.
We may also receive personal information about you from third parties, such as social networks, that help us identify prospective businesses or customers that might be interested in our products. We may also collect personal information from third parties with whom we have a business relationship. The following are the categories of sources from which we collect information:
- Consumer or users of the website.
- Social networks when you engage with our content, reference our website, or grant us permission to access information from the social networks.
- Partners that offer co-branded services, sell, or distribute our products, or engage in joint marketing activities.
- Publicly available sources, including data in the public domain.
- Retailers, such as stores and sales or distribution channels that provide your personal information to us so we can fulfill an order you have placed for our products through the third party.
2. Why do we collect your personal information and how do we use it?
It is your choice whether you provide us with your personal information. We collect and use your personal information obtained through this website for business and commercial purposes in accordance with current applicable privacy laws and this Policy. Our business purposes for collecting and using information include:
- To improve the performance and the content of our website and services – We may collect information about you and your use of our website via technical means, such as cookies, webpage counters, and other analytics tools to administer and improve our website and its content, to ensure it operates effectively and securely. We also collect your personal information so we can improve our products and services and we generally do so (but are not limited to doing so) through anonymized or aggregated data, which is data that does not identify you personally.
- To support our Marketing/advertising efforts – We may use the personal information we obtain from you, your interactions with us and our website, products, and services, as well as from third parties who help us with our marketing efforts, to provide you with marketing and promotional content, to deliver targeted and relevant advertising and marketing to you, to determine the effectiveness of our marketing campaigns and to better understand our website visitors’ preferences. You can view and change your preferences concerning this use of information through your cookie settings.
- To enhance your user experience and improve our operations - We may use analytics information collected to understand general information and trends related to our website, such as how many users have visited our website during a given period and the types of devices the visitors use. The information is used by us to help improve our visitors and user experience.We may also collect aggregate information about our visitors or customers which cannot be linked or traced back to any individual.
- To respond to your requests, and to communicate information with you at your request – When you submit a comment or question to customer service via email, form or post we will process or use the personal information you provide in order to respond to your comment or question. We may also use your personal information to send you notices about your relationship with us and for other legal notification purposes.
- Career opportunities – Visitors using this website may apply for job opportunities at Gildan via our Careers section. If you decide to do so, you may need to create an account, using your email address and a password, in connection with a job application or related inquiry, you may provide us with certain personal information about yourself (such as that contained in a resume, cover letter, or similar materials). We may also collect information you send to us via other means such as email or another job application platform. We use this information to process and respond to your application for employment or related inquiry.
- For security and compliance reasons – We may collect and use your personal information to:
- Notify you of updates, security alerts, information regarding changes to our policies;
- Fulfil our legal and compliance-related obligations;
- Prevent and address fraud and threats of harm.
- Contractual and legal purposes – We use personal information to carry out our obligations and enforce our rights under contracts, including for billing or to comply with legal requirements.
3. Legal basis for collecting and using your personal information
In some jurisdictions, we must have a legal basis to process your information. Under certain circumstances, this may be to fulfill our contractual obligations to you. For instance, we may collect, process, or disclose your personal information on the following basis:
- As necessary to provide a service or perform a transaction (such as when we respond to your requests);
- Consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies) or for one or more specific purposes as consented by you;
- As necessary for legitimate interests (such as when we act to maintain our global business generally, including maintaining the safety and security of the Site); and
- Compliance with legal obligations, for example, to comply with applicable tax/revenue laws, data protection laws, resolve disputes or enforce our agreements.
If we ask for your consent to process your information, you may withdraw your consent at any time by contacting us using the details in Section 13 - How to Contact us.
4. To whom do we disclose your personal information?
We may disclose your personal information to the third parties indicated below in the following circumstances:
- Disclosure to service providers. We share personal information with companies that process information on our behalf for our business purposes. Service providers assist us with data analytics, digital marketing and creating better consumer experiences, management and maintenance of the website or to deliver the products, services or information you request, facilitating some aspects of our website, sending email, fulfilling requests, delivering orders, verification, customizing or delivering marketing material, data hosting services and auditing. We will only provide such service providers with the personal information they need to deliver the services to us on or on our behalf and for no other purposes. We also strive to ensure our agreements with our service providers include appropriate safeguards and restrictions on how your personal information may be used, and we comply with applicable law when it is required depending on the nature of the personal information. We may permit service providers to use information that can’t be traced back to you (including information that has been aggregated or anonymized) for their own purpose, except as prohibited by applicable law.
- Disclosure to Partners. We may share information with our partners in connection with offering co-branded services, selling, or distributing our products, or engaging in joint marketing activities.
- Disclosure in connection to Promotions. When you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
- Disclosure to Affiliates. We share information with our related entities including our parent and affiliated companies for purposes such as customer support, marketing, and technical operations.
- Law enforcement and legal Disclosures. Gildan may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where Gildan has reasonable grounds to believe the information could be useful in the investigation of suspected unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and the disclosure of information, or to Gildan’s legal counsel.
5. Cross-Jurisdictional Transfers
We operate a global business. By using our services and our website, you understand that we may transfer some of the information we gather to another jurisdiction than the one you reside in. In addition to Canada and any of the provinces within Canada, your personal information may be collected, used, disclosed, or stored for any purpose stated in this Policy in the United States or any jurisdiction in which our service providers operate.
Our service providers may be located outside of your jurisdiction, and we may be required to disclose your personal information under the laws of their jurisdiction. We have put in place and maintain reasonable and appropriate administrative, physical, and technical security safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected.
6. Social media and technology integrations
Our website may contain links to other websites or technological integrations for your convenience and information. These websites or technological integrations may be operated by companies that are not affiliated with or controlled by Gildan. Some examples include:
- Links to websites, platforms, social media sites, and other services not operated or controlled by us. Other parties may collect information about your online activities over time and across different websites when you visit this website. If you would like additional information about online tracking and various opt-out mechanisms, please see the “Analytics and Advertising” section below.
- Liking, Sharing, and Logging-In. We may embed a pixel or SDK on our website that allows you to “like” or “share” content on, or log-in to your account through social media. If you choose to engage with such integration, we may receive information from the social network that you have authorized to share with us. Please note that the social network may independently collect information about you through the integration.
7. Cookies and advertising services provided by third parties
If you are an EU or Quebec resident, non-essential including advertising cookies are deactivated by default.
8. Information Retention
We use and keep your personal information for as long as it is required for the purpose identified when you provided the information or as otherwise required to comply with any legal obligation.Gildan 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.
9. Your Rights over your personal information
You may be able to exercise certain privacy rights. The rights available to you depend on our reason for processing your personal information and the requirements of applicable law (i.e., your rights will vary depending on where you are located). Subject to certain exemptions, your rights may include:
(i) The right to access your personal information: You may have the right to obtain from us confirmation as to whether your personal information is being processed, and to request access to your personal information.
(ii) Your right to rectification: You may have the right to request that we correct any personal information about you that is inaccurate. Depending on the purpose of the processing, you also have the right to request that we complete the personal information we hold about you where you believe it is incomplete or outdated.
(iii) Right to erasure: You have the right to request the deletion or de-indexation of your personal information we have collected from you, subject to certain conditions and limitations under the law.
(iv) The right to object to our use of your information: You may have the right to object to our processing of your personal information, under certain conditions, and we can be required to no longer process your personal information.
(v) Right to data portability: You may have the right to receive your information in a usable electronic format and transmit it to a third party.
(vi) The Right to opt-out of the sale or sharing of personal information: In the event that we share personal information with third parties in a manner that constitutes a "sale" as defined under applicable regulation, you may have the right to opt out of such a "sale."
(vii) The right to withdraw consent, deactivate your account, or unsubscribe: Where we rely on your consent to process your personal information, you have the right to withdraw that consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. Please note that every time we send you an email, we will give you the option to unsubscribe from our email list, so you'll be able to stop receiving our emails at any time. If you do not want to continue to receive emails from Gildan, you may also contact us as set out under Section 13 - How Contact Us below.
(viii) The right to lodge a complaint with your local data protection authority: Depending on your location, you may contact your local data protection authority. In Canada, you can contact the Office of the Privacy Commissioner of Canada or the relevant provincial privacy commissioner for your province of residence. We would, however, appreciate the chance to deal with your concerns before you approach the relevant privacy regulator, so please contact us first.
(ix) Automated decision-making and your personal information: We may use machine learning algorithms and forms of automated decision-making. For example, we may use automated decision-making to prevent risk and fraud, to personalize your experience and make it more efficient, and to determine eligibility for certain services or features we offer on our website and through our services. We may also use such technologies to provide and improve the website and our products and services and how we deliver them to you. Some jurisdictions give individuals a right to have these automated decisions reviewed by a person or to be otherwise limited.
(x) Opt-out of profiling: Under some jurisdictions’ laws, you can opt-out of the automated processing of your personal information to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, to the extent this results in decisions that produce legal or similarly significant effects.
(xi) Opt-out of tracking for targeted advertising purposes: Under some jurisdictions’ laws, you can submit requests to opt-out of tracking for targeted advertising purposes.
(xii) Non-discrimination: You have the right to be free from discrimination related to your exercise of any of your privacy rights.
If you would like to discuss or exercise such rights, please contact us by submitting a request toGildan’s Privacy Officer using the contact information set out under Section 13 - How to Contact Us below, or if you are a California or Nevada resident, you may submit your request as described in the additional disclosures below. Please note that we may ask you for information to help us verify your identity before we can fulfill your request. Your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will respond to your verifiable request within any prescribed timelines. In some cases, applicable law may require us to refuse to provide you with access to some or all of the personal information we hold about you, or which we may have destroyed, erased or made anonymous in accordance with our legal obligations to retain records and best practices for the protection of personal information.
10. Security and Risks Related to Internet
Although efforts are made to ensure no one else will view, seize or obtain your information, no data transmission over the Internet can be guaranteed to be secure. Any unencrypted email communication over the Internet is not secure or confidential, and is subject to possible interception, loss, and alteration. As a result, Gildan, 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 all such communications will be made at your own risk.
11. Children’s Policy
The website is intended for a general audience and is not directed at children under fourteen (14) years of age.
Gildan reserves the right to modify or supplement this Policy at any time. If we make a change to this Policy, we will post the revised policy on this website. IT IS YOUR RESPONSIBILITY TO CHECK THIS POLICY PERIODICALLY FOR CHANGES. Gildan will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose an individual’s personal information for purposes other than those for which consent had been obtained unless otherwise required or permitted by law
13. How to Contact Us
600 de Maisonneuve, 33rd Floor
Montréal, Québec, H3A 3J2
14. Additional Disclosures
For Nevada Residents. Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at email@example.com.
For California Residents. These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
- a) Notice of Collection. In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:
- Identifiers, including name, email address, phone number, account name, IP address, and an ID or number assigned to your account.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information, including engagement with the website.
- Internet activity, including your interactions with our website.
- Audio or visual data, including pictures or videos you post on our website.
- Employment and education data, including information you provide when you apply for a job with us.
- Inferences, including information about your interests, preferences, and favorites.
For more information what we collect, including the sources we receive information from, review Section 1 -What information do we collect?. We collect and use these categories of personal information for the business purposes described in Section 2- Why do we collect your personal information and how do we use it?, including to provide and manage our website.
- b) Do Not Track Signal. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
- c) About your Rights as California Resident.
- Right to Know and Delete. If you are a California resident, you have the right to delete the personal information we have collected about you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
You may exercise your right to Know and Delete Rights, by submitting a request using the “Right to Know” link found in the footer of our website or by contacting us at firstname.lastname@example.org. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 business days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
- Right to Opt-Out. To the extent Site Owner sells your personal information as the term “sell” is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by using the “Do Not Sell My Info” link found in the footer of our website. You may also submit a request to opt-out by emailing us at email@example.com.
- Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
- Minors. We do not knowingly “sell”, as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents. If you are a California resident under 18 years old, you can ask us to remove any content or information you have posted on the website. To make a request, email us at the email address set out in Section 13 - How to Contact Us with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonably good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Shine the Light. Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in “Contact Information” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
For Quebec residents. If you are an employee or independent contractor of Gildan in Quebec, additional policies may apply to you. If you have any questions or concerns, please contact the Privacy Officer at firstname.lastname@example.org