Privacy Policy

 Last Updated March 6, 2023

Important Notice: We have updated our Privacy Notice to provide additional details regarding certain rights provided under California and Virginia law for consumers in those states. If you are a California consumer, for more information about your privacy rights, please see the section of this Privacy Policy called “California / Virginia Consumer Privacy Statement.”

 Our Privacy Policy covers the following topics:

1. Scope

2. Outside the US

3. Information Collected

4. How We Collect Information

5. How We Use The Information We Collect

6. How We Disclose Information

7. Link To Other Sites

8. Google Analytics

9. How To Update Your Personal Information

10. Children’s Privacy

11. Cookies Policy

12. Network And Interest-Based Advertising

13. Security Notice

14. Changes and Contact

15. Supplemental Privacy Statement for California and Virginia Consumers

    a. Notice of Collection

    b. Sources of Personal Information

    c. Disclosure of Personal Information for a Business Purpose

    d. California Privacy Rights

    e. Virginia Privacy Rights

SCOPE

Gabriel Brothers, Inc., and its affiliates and subsidiaries (“Gabe’s”), respects your privacy and values your trust. This is why we are committed to protecting your privacy and using the information you share with us responsibly to better serve you. This Privacy Policy describes how Gabe’s and some of its third-party service providers collect, use, disclose and safeguard the personal information you provide on our website, https://www.gabesstores.com (the “Site”), as well as information collected when you visit our stores, through interest-based online advertising, or otherwise communicate or interact with us.

As used in this Privacy Policy, “Personal Information” means information that identifies or can reasonably be linked to a specific individual, such as name, address, e-mail address, phone number, driver’s license number, or credit card number.

OUTSIDE THE US

Our Site is intended for users located exclusively in the United States of America. The information practices and the terms of this Privacy Policy may or may not comply with foreign law. By using our Site, you consent to the use and disclosure of your information in accordance with this Privacy Policy and subject to the applicable state and federal laws of the United States.

INFORMATION COLLECTED

Gabe’s and its third-party service providers collect Information about you from a variety of sources, including Personal Information you provide directly to us, and information we collect about you when you access and use our Site, download and use our mobile application, or any other application of ours that links to this privacy notice, or shop in our stores. We may combine any of the Information collected about you for the purposes described in this Privacy Policy.

• Identifying information: We may collect your personal Information such as your name, online identifier, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), mailing addresses, email address(es), phone numbers, internet protocol address, email address, account name, and other similar identifiers;

• Social Media: When you interact with, or if you are a fan/follower of, Gabe’s on social media, we may receive information such as your user ID, handle, your profile picture, photos you post, and other profile elements, including any comments, with us. Note that your use of social media is subject to the terms and conditions and privacy policies of each respective social media platform, and the information you share with us and with others is largely controlled by the privacy settings you have established at those platforms.

• Information You Submit: We may collect preference information, survey answers/opinions, or customer service information, which you submit to us in connection with various marketing and promotional activities, surveys or contests.

• Demographic Information: We may collect your education, income, birthdate, gender, marital status, number of children and their ages, and zip code.

• Payment information: We may collect your signature, bank account number, credit card number, debit card number, billing address and other financial information. This is for transactional reasons only, and is never shared beyond that function.

• Commercial Information: We may collect information about products you purchased or have considered purchasing from us, as well as your other purchasing or consuming histories or tendencies.

• Sensitive Personal Information: We may collect, for example driver’s license number or other state identification card number, login credentials, ethnicity information, and precise geographic location information from your device by, for example using its GPS information, IP Address, cell phone tower information, or WiFi signals.

HOW WE COLLECT INFORMATION

Gabe’s collects information in different ways:

Directly:

• When you make a purchase in our stores

• When you purchase a service, such as Layaway

• When you return or exchange a product you purchased

• We you purchase and/or receive a Gabe’s gift card

• By signing up for Unbelievable Rewards® to receive promotional emails or text messages

• By downloading our mobile application (Gabe’s)

• By joining our Unbelievable Rewards! ® loyalty program

• By entering in one of our promotional sweepstakes, contests, responding to surveys or participating in a focus group or customer panel

• If you contact our Customer Service via email or phone

• When interacting with Gabe’s on social media platforms

• By applying for a job

• When otherwise interacting with us

Passively:

• When you visit our website

• When visiting our stores we may capture audio, electronic, visual, thermal or similar information with our anti-theft surveillance equipment

• By location-based features when using your device to access our website

• By clicking on a Gabe’s ad on a third-party property

• Use the Wi-Fi Services provided in some of our stores

• When interacting with pixels and cookies on our website

Automatically:

• Cookies: Cookies are small text files stored by your browser that allow us to learn more information about your visit or use of our website. We may use cookies to remember your Personal Information to track your usage of our website over time. Most browsers automatically accept cookies. You have the choice to set your browser to accept or reject cookies. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

• Analytics Information: We may use third-party analytics tools, such as Google Analytics, to help us measure traffic and usage trends for our website. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving our website and providing you a more personalized experience.

• Device and Browsing Information: We collect certain information about your computer or device each time you access our website. Servers may automatically record certain log file information such as your web request, Internet Protocol (IP) address, MAC address, internet provider, physical location data, operating system and browser type, device type, referring / exit pages and URLs, number of clicks and how you interact with Linked Sites, domain names, landing pages, pages viewed, browsing history, and other such information.

• Clear Gifs/Web Beacons: When you use our Site, we may employ clear gifs (also known as web beacons) which are used to track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Site.

• Location Data: When you access our Site, we may access, collect, monitor, and/or remotely store information regarding your device, as well as real-time “location data,” which may include GPS coordinates. We may use your device’s physical location to provide you with personalized location-based services and content.  In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our third-party partners may not be able to provide you with the applicable personalized services and content.

• Information We Receive From Third-Parties: We may receive Information about you from third parties. For example, if you access our webite through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain information about your use of its service to us. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.

Combined Information:

• Information you provide at our retail stores may be combined with information that you provide online at the Site, as well as with information about your interests and purchases we collect automatically. The information you provide to us may also be combined with demographic and other information that is available from other sources in order to allow us to better communicate with you and enhance our customer service and your shopping experience.

Other Sources:

• We collect information from other sources, through or in connection with apps or software sponsored by Gabe’s, or on other websites hosted or sponsored by us. We may combine or cross reference this information with other information that we collect about you to help us improve the quality of your experience with Gabe’s and tailor communications to your interests.

• We may collect information about you from social media platforms, such as Facebook and Instagram, and from our business partners, including online advertising networks and companies that co-sponsor our promotions.

• Third party business partners we work with may collect information about you from publicly available sources to send advertising mailers on our behalf. We are not provided, nor do we collect, any information our third party business partners collect for this purpose.

HOW WE USE THE INFORMATION WE COLLECT

Gabe’s may use information about you for the purposes described in this Policy or otherwise disclosed to you, including:

• To process your purchases,

• To provide you with a service, such a participation in our Layaway or Loyalty programs,

• To communicate with you, respond to your requests and feedback, provide you with customer service, and send you information about our products, services, contests, and promotions, events, to administer and fulfill our contests and promotions, and/or to contact you about this Privacy Policy and/or our Site’s Terms of Use,

• To prevent fraud and monitor against theft, or protect our Site, properties, and operations from malicious activity,

• To conduct research and help us learn more about your shopping preferences and enhance your shopping experience, to better understand what products interest you based on information we collect about you and your household, to see which areas of our website are most visited, how frequently and how long, to respond to your customer service inquiries, and perform other business activities

• Marketing purposes

• Investigating or settling inquiries or disputes

• Enforcing our Terms of Use

• Customizing your experience on our Site

HOW WE DISCLOSE INFORMATION

Gabe’s discloses information about our customers to our affiliated companies, vendors, business partners and service providers. These companies need information about you, including your name, address, phone number, email address, to perform their service function (such as to process your payment and fulfill your order, verify your credit card information, and to protect you and us from fraud). We also disclose your information, including your name, address, phone number, email address, and shopping preferences, to specially chosen companies that help us with marketing functions (such as maintain and manage our customer information, as well as market our products and services).

We may engage vendors to serve advertisements on our behalf to provide analytics services. These entities may collect certain information from you (e.g., click stream information, browser type, time and date, hardware/software information, cookie ID, IP address, etc.) when you visit our website and use that information to provide advertisements about goods and services that are deemed to be of greater interest to you. These third parties may also share your information with others based on their individual user agreements, like social media platforms. These third parties may use your information for their own marketing purposes or the marketing purposes of others. In certain circumstances, we may share your information in response to legal process or as otherwise required by law. We may disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.”

LINKS TO OTHER SITES

In some areas of our website, we may provide a link to other websites as well as to social media platforms such as Facebook or Instagram (“Linked Sites”). Other websites, including social media sites, have their own policies regarding privacy and security, and these may vary from ours. Gabe’s is not responsible and has no liability for the privacy policies or practices of Linked Sites. We recommend that you review the privacy policies of each Linked Site you visit.

GOOGLE ANALYTICS

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on our Site. Google Analytics uses cookies to collect information such as how often you visit our Site, what pages you visit within our Site, and what other sites you visited prior to coming to our Site. We use the information provided by Google Analytics to improve our Site and services. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of our Site. By using our Site, you consent to the processing of data about you by Google as specified herein. To provide users more choice on how their data is collected by Google Analytics, Google developed the Optout Browser Add-on: http://tools.google.com/dlpage/gaoptout?hl=en. 

HOW TO UPDATE YOUR PERSONAL INFORMATION

You may review, update, correct or delete your online account information at any time by contacting us to request changes to any of your information. We will respond to your request consistent with applicable law. Customers who no longer wish to receive our promotional materials may opt-out of receiving these communications by clicking the unsubscribe link at the bottom of the email or contacting customer service. In some cases, we may need to retain and use personal information obtained previously to verify your identity and as otherwise required or permitted by applicable law.

When required in your jurisdiction (and described in the Supplemental Privacy Statement for California and Virginia Consumers section below), Gabe’s will permit individuals to access, correct, amend or delete Personal Information that is demonstrated to be inaccurate or incomplete. If you request access, correction, amendment or deletion of your Personal Information and you have more than one account with us, you will need to instruct us on each account separately.

CHILDREN’S PRIVACY

This Site is not designed or intended to be used by anyone under the age of 18. If you are under the age of 18 (or a minor in the jurisdiction in which you are accessing our Sites), do not use the Site, use any interactive features of the Site, or post any Personal Information to our Site. We do not knowingly or intentionally gather Personal information about children who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16, please contact us at customer.service@gabes.net.

COOKIES POLICY

Cookies are pieces of information stored directly on the device that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Site in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We may use “pixel tags” (e.g. web beacons or similar technologies) that deliver cookies, count visits, understand usage and campaign effectiveness, allow us to know if a particular web page was visited, an email opened, links in the email utilized, and whether a particular advertisement or email is effective.

If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

NETWORK AND INTEREST-BASED ADVERTISING

We may also enter into agreements with third parties that possess technology that allows the Site to use targeting or advertising cookies to see which areas and features are popular, count visits to our website and customize the advertising and marketing messages you receive on the Site. This information may be shared with these third parties for this purpose.

You have the choice to tell us not to collect and use any user-based information. If you would prefer not to participate in the services offered through these solutions, you can always opt-out of this activity by visiting the Network Advertising Initiative (NAI) website by clicking http://www.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance by clicking https://optout.aboutads.info/. If you configure your browser to reject cookies when you visit these pages, or if you subsequently erase your cookies, use a different device or change web browsers, your opt-out may become ineffective and may need to be repeated. Browser settings, including do not track signals and other mechanisms, will not affect data collection and not constitute an opt-out of advertising-related cookies, personalized third-party advertising or promotional messages from Gabe’s; you must use the opt-out choice described herein in order to opt out from such promotional messages.

SECURITY NOTICE

The security of your personal information is very important to us. We use industry-standard security techniques on our website to help protect against the loss, misuse or alteration of information collected from you. However, while we strive to protect your personal information, we cannot ensure the security of the information you transmit to us. In this regard, we urge you to take every precaution to protect your personal data while you are on the Internet. At a minimum, we encourage you to make sure that you are using a secure browser as you surf the Internet.

If you enter any protected part of the Gabe’s website where your personal information is needed, a “closed lock” or other icon will appear on the page. Site security information can be seen if you click on this icon. This icon alerts you that your personal information is being encrypted when it is transmitted to https://www.gabesstores.com. Additionally, on all protected pages of our website, the address will begin with https://.

We will never send or request your credit card information via email.

CHANGES AND CONTACT

Because our business changes all the time, so does our Privacy Policy and our Security Notice. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice at the top of this page. We will also keep prior versions of this Privacy Policy in an archive for your review. Please check our website for changes. Your continued use of this Site means you accept those changes as of the posted updated date. If you have questions or concerns with respect to our Privacy Policy, our privacy practices, or our Security Notice, please feel free to contact us at +1.800.458.6546.

SUPPLEMENTAL PRIVACY STATEMENT FOR CALIFORNIA AND VIRGINIA CONSUMERS

Last Updated: March 3, 2023

This Supplemental Privacy Statement for California and Virginia Consumers supplements Gabe’s Privacy Policy and applies solely to California and Virginal residents. This Statement does not apply to residents of other states.  This Supplemental Privacy Statement for California and Virginia Consumers uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the “CCPA”) and the Virginia Consumer Data Protection Act.

NOTICE OF COLLECTION

Collection of Personal Information

We plan to collect, and have collected within the preceding 12 months, the following categories of Personal Information:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, driver’s license number, and other similar identifiers

• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, and other financial information, as well as insurance policy number, medical information, and health insurance information as needed to process liability claims

• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status

• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

• Geolocation Data: Geolocation data relating to your computer or device when you interact with this Site

• Sensory Information: audio information from calls placed with customer service which may be recorded, and electronic information in the form of Internet or other electronic network activity information as described above, visual, and similar information

• Inferences: Inferences drawn from (1) the information we collect when you visit our websites, use our apps, or our social media apps, tools, widgets and plug-ins, (2) information we collect, including through third-party suppliers, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumer preferences and behavior that we collect on our websites and mobile apps in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, or behavior.

• Sensitive Personal Information: Personal Information that reveals an individual’s driver’s license, state identification card, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation

Use of Personal Information

We collect and use the categories of Personal Information listed above for the purposes described in our Privacy Policy, as set forth above. In addition, we may collect and use these categories of Personal Information for certain business purposes specified in the CCPA, as described in this table:

Sale and “Sharing” of Personal Information

We do not sell your Personal Information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your Personal Information via automated technologies on our website in exchange for non-monetary consideration such as an enhanced ability to serve you content and advertisements that may be of interest to you, which may constitute a “sale” under the CCPA.

The following chart details the categories of Personal Information that we “sell” or “share,” including during the 12-month period prior to the effective date of this Supplemental Privacy Statement for California and Virginia Consumers.

We do not knowingly sell or “share” the Personal Information, including the Sensitive Personal Information, of minors under 16 years of age.

To make a Request to Opt-Out of Sale and/or Sharing, click here or contact us at +1.800.458.6546 or DSAR@gabes.net.

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

• The length of time we provide services to you or have an ongoing relationship with you, and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;

• Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep copies of your transactions for a certain period of time before we can delete them; or

• Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation, or regulatory investigations.

Sources of Personal Information

We obtain Personal Information from various sources, as described below and in our Privacy Policy, above.

Depending on our relationship with you, we may not have collected your Personal Information from all of the sources listed above. 

Disclosure of Personal Information for a Business Purpose

We disclosed to third parties the following categories of personal information for a business purpose within the preceding 12 months:

 Exercising your California or Virginia Consumer Privacy Rights

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you have the right to make the following requests:

• Request to Know (CA):

You have the right to request, up to twice in a 12-month period, that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you:

• the categories of Personal Information we have collected about you;

• the categories of sources from which the Personal Information about you was collected;

• our business or commercial purpose for collecting, selling, or “sharing” Personal Information about you;

• the specific pieces of Personal Information we have collected about you;

• the categories of Personal Information about you, if any, that we have sold or “shared” and the categories of third parties to which we have sold or “shared” such information; and

• the categories of Personal Information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed such personal information.

• Request to Delete (CA): You have the right to request that we delete Personal Information we have collected from you.

• Right to Correct (CA): You have the right to request that we correct inaccuracies in your Personal Information.

• Request to Opt-Out of Sale and/or Sharing (CA): You have the right to request to opt-out of the sale and/or “sharing” (for purposes of cross-context behavioral advertising as defined by the CCPA) of your Personal Information.  

• Request to Limit Use of Sensitive Personal Information (CA): You have the right to limit the use of your sensitive personal information to what is legally permissible.

VIRGINIA PRIVACY RIGHTS

If you are a Virginia resident, you have the right to make the following requests.

• Request to Access (VA): To confirm whether we process your Personal Information and request access your Personal Information.

• Request to Correct (VA): To request that we correct inaccuracies in your Personal Information.

• Request to Delete (VA): To request that we delete Personal Information we have obtained about you.

• Request to Opt-Out (VA): To request to opt out of the sale of your Personal Information and/or the processing of your Personal Information for purposes of targeted advertising, and/or profiling in furtherance of decisions that produce legal or similarly significant effects.

• Request a Copy of Personal Information (VA): To request a copy of the Personal Information we have obtained about you in a portable and, to the extent technically feasible, readily usable format.

• Request to Appeal (VA): If we refuse to take action on your request, you may appeal our refusal within a reasonable period after you have received notice of the refusal.

Submitting a Request for California and Virginia Residents

To submit a Request to Know, Access, Correct, or Delete, or submit a Request to Limit the Use of Sensitive Personal Information click here or contact us at +1.800.458.6549 or DSAR@gabes.net.

To make a Request to Opt-Out of Sale and/or Sharing, click here or contact us +1.800.458.6546 or  DSAR@gabes.net.

Gabe’s honors the Global Privacy Control signals available in some browsers and plug-ins (described at https://globalprivacycontrol.org/) as opt-out of sale and “sharing” requests under the CCPA.  These signals set the opt-out of sale and sharing preferences for the particular browser or device you are using.

To submit a Request to Appeal for Virginia Residents click here , or contact us at +1.800.458.6546 or  DSAR@gabes.net. We will respond to your request consistent with applicable law.

We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. We may need to request additional personal information from you, such as email address, state of residency, or mailing address, in order to verify your identity and protect against fraudulent requests. If you make a Request to Delete, we may ask you to confirm your request before we delete your personal information.

 Authorized Agents
If an agent would like to make a request click here or contact us at +1.800.458.6546 or DSAR@gabes.net on behalf of a California or Virginia resident as permitted by applicable law, the agent may use the submission methods noted above under “Submitting a Request for California or Virginia Residents.” As part of our verification process, we may request that the agent provide proof concerning their status as an authorized agent. In addition, we may require that the resident verify their identity as described in the section entitled “Submitting a Request for California or Virginia Residents” or confirm that the resident provided the agent permission to submit the request.

Additional Information
To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request.  Please contact +1.800.458.6546 or Customer.service@gabes.net to request this Statement in an alternative format.

 Right to Notice and Non-Discrimination
You have the right to be informed, at or before the point of collection, of the categories of personal information to be collected from you and the purposes for which that Personal Information will be used.

You have the right to be free from unlawful discrimination for exercising any of your state privacy rights.

 DEIDENTIFIED INFORMATION
Where we maintain or use de-identified information, we will continue to maintain and use that information only in a de-identified form and will not attempt to re-identify the information.

CALIFORNIA SHINE THE LIGHT REQUEST:
California Civil Code Section 1798.83 permits Gabe’s customers who are California residents to request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please mail us at Gabriel Brothers, Inc. ATTN: Customer Service, 55 Scott Avenue, Morgantown, WV 26508.