Privacy Policy

Effective Date January 1, 2020

Jos. A. Bank Clothiers, Inc. (“Jos. A. Bank”, “us”, “our”, or “we”) is committed to protecting the privacy and security of the information we collect and to being transparent about the ways in which we collect and process your information. This Privacy Policy sets forth our policies and practices for handling the information we collect from and about you when you visit the josbank.com website (“Site”), or shop at our stores (“Stores”). The Site and Stores are collectively the “Services.” This Privacy Policy also explains how we may use and disclose such information through the Services, as well as your ability to control certain uses of it. You should review this Privacy Policy from time to time as it may be changed.

By using any of the Services, you agree to the collection, use, and disclosure of your personal information as described in this Privacy Policy. If you have any questions regarding this Privacy Policy, please contact us at 1-800-999-7472 or Email us.

QUICK GUIDE TO CONTENTS

  1. Information Collection
  2. Information Use and Purpose of Data Processing
  3. Information Discloure and Sharing
  4. Information Security
  5. International Orders and Users
  6. Third-Party Content, Links, and Plug-ins; Public Areas
  7. Children’s Privacy
  8. Your California Privacy Rights
  9. Your Choices
  10. Revisions to this Privacy Policy
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1. INFORMATION COLLECTION

There are several ways we may obtain information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive or collect from third parties. This includes data that identifies you personally whether directly (i.e. your name) or indirectly (i.e. information about your online use).

A. Information You Provide

Jos. A. Bank collects personal information from you when you choose to share it with us. This may include when you use our Services, register for an online account, make a purchase, request information from us, sign up for newsletters or our email list, use our service, participate in a survey or promotion, or otherwise contact us. The categories of personal information we collect may include:

  • Contact Information, including name, mailing or shipping address, phone number, email address, social media handle, Social Security number and/or government issues ID number (e.g., for sweepstake/contest prize winners, credit card applications);
  • Sign-In Information, including username and password (encrypted), account name, account number; reservation number, group name and number;
  • Profile Information and Survey Responses, including your interests, preferences, physical characteristics, description, measurements or sizes, photos or videos, feedback, educational or professional information, employment, employment history, marital status, birthdate, age and/or year of birth, gender, sexual orientation, race, ethnicity/national origin, political affiliation, disability, medical condition, military/veteran status;
  • Commercial Information, including records of products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies;
  • Geolocation data;
  • Transaction and Billing Data, including bank account and payment card details (credit card number, expiration data, and credit card security code, where needed to complete a transaction), billing address, delivery address, signature, transaction history, information about your income, account balances, credit information; and
  • Correspondence you send to us, and/or other information that you may choose to provide during the registration or purchasing process.

B. Information Automatically Collected

Whenever you visit or interact with the Site, we, as well as any third-party advertisers and/or service providers, may use cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), or other technologies to collect certain information about visitors to our Site and interactions with our emails and online and mobile advertisements, and to allow Jos. A. Bank to keep track of analytics and certain statistical information which enables us to improve our Services and provide you with more relevant content and advertising on our Site, and through other sites.

Please note that we automatically collect the following information from or about you:

  • Computer or Device: We may automatically collect internet, electronic activity, and other information automatically from the devices and browsers that you use, including your device type, Internet protocol (IP) address or other unique device and advertising identifiers, probabilistic identifiers, personal or online identifier or information from the computer, mobile device, tablet or other device you use to access the Site, including the browser or operating system you use on your mobile device or computer Internet connection speed and duration, device type, geographic data, time zone setting and location, browser type and version, browser plug in types and versions, operating system and platforms, internet service providers, and the domain name from which you accessed the Services. We also may collect information about your use of the Site, including the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, advertising you interact with within the Services and other click-stream or site usage data, emails that you open, forward or click-through to our Site, and other sites that you may visit, the technology on the devices you use to access these Services; audio, electronic, visual, or similar information; inferences used to create a profile about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and standard server log information. If you or your device experiences an error, we collect information about the error, the time the error occurred, the feature being used, the state of the application when the error occurred, and any communications or content provided at the time the error occurred. Consistent with your mobile device or app permissions, we also collect geolocation information (including geolocation information derived from your GPS, WiFi and Bluetooth signals, IP address, and other device information), photos stored on your device, contacts from your mobile address book, audio recordings, and appointments from your calendar
  • Third Party Service Providers: We may use third party service providers to support our Site. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or HTML5 cookies to receive, collect, and store information.
  • Third Party Analytic Technologies: We may use third parties’ analytics and tracking tools to better understand who is using the Site, how people are using the Site, how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, HTML5 cookies, or other technologies to automatically collect and store certain information. They may also combine information they collect from your interaction with the Site with information they collect from other sources. We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

Please visit the “Your Choices” section for further information, including about Do Not Track and how to disable cookies.

C. Information Collected From Other Sources

We may obtain information about you from third party sources, including other customers, third party event planners or producers, or social networks that you use to connect with Jos. A. Bank, and third party data providers. This information may include the categories of information described above, including contact information, profile information, commercial information, geolocation data, transaction and billing data, and/or demographic information and publicly-observed data, such as from social media and online activity. We may combine this information with the information we collect from and about you to help us tailor our communications to you and to improve our Site or Services.

Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.

D. Combination of Information

We may combine the information we receive from and about you, including information you provide to us in-store and online with information we automatically collect when you visit our Site, as well as information collected across other computers or devices that you may use and from third parties or other online and offline sources.

We may aggregate or de-identify the information described above. Aggregated or de-identified data is not subject to this Privacy Policy.

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2. INFORMATION USE AND PURPOSE OF DATA PROCESSING

Jos. A. Bank may use and otherwise process each of the categories of information identified above that we collect from and about you for any of the following purposes:

  • To validate, confirm, verify, fulfill, deliver, and track your order (including to process payment card transactions, arrange for shipping, handle returns and refunds, and contact you about your order or delivery of your order, including via telephone or e-mail);
  • To enhance your online shopping experience, including as a way to recognize you and welcome you to the Site, to allow you to participate in interactive features of our Services, Site, or to retrieve your shopping cart during a future visit;
  • To protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users;
  • To provide you with customized Site content, including making suggestions or recommendations to you about things that are similar to those that you have inquired about or may otherwise be of interest to you, or provide targeted offers, and advertising on the Site, via email, or across other web sites, devices, mobile applications, social media or other online services, affiliates and trusted business partners;
  • To contact you with information, newsletters, marketing, promotional materials, or discounts from Jos. A. Bank or on behalf of our partners and affiliates;
  • To respond to your inquiries, and contact and communicate with you when necessary;
  • To research, test and develop new products or services and to conduct analysis to enhance current products and services;
  • To review the usage and operations of our Site, and improve our content, products, and services;
  • To comply with applicable laws and regulations, and to protect or exercise our legal rights or defend against legal claims;
  • To address any problems with the Site or our business; and
  • As otherwise described to you at the point of data collection

Information about your use of the Services may be aggregated or de-identified for business and marketing uses by us or by third parties. This aggregate or de-identified data may be used, for example, to improve the Service, measure and analyze Service use, improve our other products and services, and to provide more relevant advertising.

Additionally, if you use the Site to connect with third party services you authorize us to use information from and about you, on your behalf, to interact with these third party services based on your requests.

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3. INFORMATION DISCLOSURE AND SHARING

At Jos. A. Bank, we are committed to protecting our relationship with our customers and maintaining your trust. We want you to understand when and with whom we may share the personal information we collect from and about you.

  • Corporate Affiliates: We may share your information with Jos. A. Bank affiliates and subsidiaries, including those affiliated companies in the Tailored Brands corporate family of companies, such as Men’s Wearhouse, Moores Clothing for Men, Joseph Abboud, K&G Fashion Superstore, and any future additions to the Tailored Brands corporate family;
  • Authorized third-party vendors and service providers: We may share your information with our third party vendors and service providers that provide business, professional or technical support functions for us, including, but not limited to, verifying customer information, billing, payment processing, fulfilling or shipping your order, completing your transaction, customer service, or those that assist us in our own marketing efforts, including email deployment, advertising and marketing (including counting ad impressions, verifying positioning and quality of ad impressions, ensuring compliance with industry standards and specifications, ad delivery, reporting, personalization, audience segmentation, and analytics), security and performance monitoring, maintaining and servicing accounts, surveys and research, data hosting, auditing, and data processing.
  • Legal Purposes: We may disclose your information as necessary, if we believe that there has been a violation of our Terms of Use or to protect the property, interests, and rights of Jos. A. Bank, its affiliates, subsidiaries, or other third party. In addition, we may disclose your information in response to judicial or legal process or provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and
  • With your consent: We may share information for any other purposes described or disclosed to you at the point of collection or pursuant to your consent.

Jos. A. Bank may share with third parties aggregate or anonymized non-personal information about visitors to the Site without restriction as to use, including for the third parties’ own marketing or analytics use.

Finally, Jos. A. Bank may sell or purchase assets during the normal course of our business. In the event all or a portion of the assets owned or controlled by Jos. A. Bank, or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by or to another company, information we have collected from or about you, including personal information and aggregate or anonymized non-personal information, may be among the transferred assets. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through these Services in a manner that is consistent with this Privacy Policy.

Jos. A. Bank does not, and will not without consent, sell your information to third parties. We do permit third parties to collect the information described above through our Service and discloses such information with third parties for business purposes as described in this Privacy Policy, including but not limited to providing advertising on our Service and elsewhere based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”). The information practices of these third parties are not covered by this Privacy Policy.

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4. INFORMATION SECURITY

We have taken certain reasonable administrative, technical, and physical steps designed to protect the information we collect from and about our customers and Site visitors. For instance, when you enter sensitive information (such as credit card information) on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL). While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

Information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.

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5. INTERNATIONAL ORDERS AND USERS

For customers who reside outside of the United States, including in Canada, your personal information may be transferred and/or stored outside of your home country, including the transfer of your personal information to the United States, where our servers are located. When you use this Site and/or provide permission to share your personal information with us, your information is protected by this notice of privacy practices and you consent to the transfer of personal information outside of your home country. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate Regardless of where your personal information is stored, the protections described in this Privacy Policy will be adhered to and you will be able to access and update your personal information as described herein.

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6. THIRD-PARTY CONTENT, LINKS, AND PLUG-INS; PUBLIC AREAS

The Site may have links to other third-party websites, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites.

The Site may also offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third-party operating a plug-in on this Site, then such third-party may recognize you on this Site. Your use of social network plugins is subject to each social media site’s privacy policy, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.

As a convenience to our customers, Jos. A. Bank also provides access to Ratings and Reviews on our Site. Jos. A. Bank also has profiles on social networking sites. Please remember that any information disclosed in this area is available to the public. The dissemination of any personal information you provide in this area is beyond our control and you should therefore exercise caution before disclosing any personal information.

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7. CHILDREN'S PRIVACY

Jos. A. Bank is very concerned about the safety of children using the Internet. We do not direct the Site to, nor do we knowingly collect personal information from, any visitor under the age of 13.

If we discover that a visitor under the age of 13 has registered without parental consent, we will remove his or her registration information from our files.

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8. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may opt-out of our disclosure of personal information to third parties or our affiliated companies for their direct marketing purposes. To opt out, please contact us, using the methods described below. You must put the statement “Your California Privacy Rights” in the subject field, and include your full name, email address and postal address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Non-affiliated third parties are independent from Jos. A. Bank and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.

If you are under the age of 18 and have a profile on our Site, you may ask us to remove reviews or other content that you posted on the Site by contacting us, using the methods described below. Please allow 30 days to process your request. Please note that, subject to applicable law, processing your request may not ensure complete removal of content you posted.

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9. YOUR CHOICES

Cookies, Tracking Options and California Do Not Track Disclosures

Certain parts of our Site require cookies. You are free to set your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.

Some mobile and web browsers transmit "do-not-track" signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

You may be able to refuse or disable cookies by adjusting your web browser settings. Some browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you and any differences in service are related to the data. Deleting cookies may in some cases cancel the opt out selection in your browser.

You also may be able to control our collection and use of your location information through your mobile device settings.

We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on the Service may change or no longer be available to you. Any difference in the Services are related to the value provided.

Interest-Based Advertising Choices

To understand your choices for receiving more relevant advertising provided on the Site, or across other websites and online services, please review the information below:

  • To learn more about such interest-based advertising, and to opt out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit: http://www.aboutads.info/choices/.
  • To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit: http://www.networkadvertising.org/choices/.
  • To opt-out of the use of your mobile device ID for targeted advertising, please visit: http://www.aboutads.info/appchoices.
  • On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Even if you opt out, you still may receive advertising from us that is not customized based on your Service or usage information, or advertising from other third parties if they are not a DAA or NAI participating company.

Other Choices Concerning the Use and Disclosure of Your Information

You may be entitled, in accordance with applicable law, to request access to, deletion, and portability of your information or more information about our information practices. Requests should be submitted in writing as set out below. If you become aware of changes or inaccuracies in your information, you should inform us of such changes so that the information may be updated or corrected. Once we receive your request, we will attempt to verify it, including by contacting you and asking for information from you. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent.

If you have any questions, comments, or concerns, or if you prefer to “opt out” of having information used for purposes not directly related to placement, processing, fulfillment or delivery of a product order, including loyalty rewards earned from orders or purchases, you may:

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  1. Contact us in one of the following ways:
    • Call: 1-800-999-7472
      Hours of Operation:
          Monday-Friday: 8:00 a.m. to 11:00 p.m. CST
          Saturday: 9:00 a.m. to 8:00 pm CST
          Sunday: 10:00 a.m. to 8:00 pm CST
    • Text: 346-201-4509
      Hours of Operation:
          Monday-Friday: 8:00 a.m. to 11:00 p.m. CST
          Saturday: 9:00 a.m. to 8:00 pm CST
          Sunday: 10:00 a.m. to 8:00 pm CST
    • E-mail us
    • Write us at:
      Jos. A. Bank Clothiers, Inc.
      Customer Relations
      6380 Rogerdale Rd
      Houston, Texas 77072
      Attn: Online Customer Relations
  2. Opt out of Email Marketing:

In addition to contacting us as discussed above, at all times, you have the option of “opting out” of receiving future e-mail marketing messages from Jos. A. Bank by clicking on the “unsubscribe” link at the bottom of an e-mail marketing message. Please allow 10 business days for your request to take effect. Please note that you will continue to receive e-mail communications related to order placement, processing, fulfillment, delivery and loyalty rewards earned from purchases.

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10. REVISIONS TO THIS PRIVACY POLICY

Jos. A. Bank reserves the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) on the Site with a revised “Effective Date” date above. We recommend that you review the privacy Policy each time you visit the Services to stay informed of our privacy practices. Your continued use of the Site following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material way, we will provide appropriate notice to you.