Privacy Notice
Last Revised: March 3, 2022Effective Date: March 3, 2022
QUICK GUIDE TO CONTENTS
We, Jos. A. Bank Clothiers, LLC, are committed to protecting the privacy and security of the personal information we collect and to being transparent about how we use information about you, which is often referred to as personal information or personal data. This Privacy Notice sets forth our policies and practices for collecting and using personal information in our stores, and on our websites. We refer to these collectively the “Services.” This notice also explains how we use and disclose personal information. It also discusses how you can control certain uses and disclosures of personal information.
Please note that throughout our websites there are Services which link to third parties' websites, services, and functions. This functionality particularly includes social media features. These third-party services are not required to be used during your use of our Services. However, if you choose to link to these third-party services, we understand you to be directing us to disclose your personal information to the third party to enable your use of such features. The use of these features may result in the third party receiving personal information about you. Of course, we do not control and cannot be responsible for third parties’ privacy practices. We encourage you to review the third parties’ privacy notices and other information to understand how they use your personal information.
If you have any questions regarding this notice or our use of your information, please contact us using one of the methods detailed below in Section 8.
1. How we collect and use personal information
We collect different types of information from you depending on how you interact with our Services. For example, we collect different information from you when you apply for credit with us than when you browse our website. We obtain this personal information (A) from you directly; (B) automatically by logging or analyzing your behavior when using our Services; and (C) from third parties.
The below table describes who we collect personal information from, the types of personal information we collect, and the reasons that we collect it.
| Categories of individuals | Categories of personal information | Purposes |
|---|
| In-store shoppers | - Contact information
- Activity information
- Order information
- Geolocation information
- Profile information
- Sensory information
| - Order processing
- Personalization
- Security
- Marketing
- Legal compliance
- Market analysis
- Service analysis
|
|---|
| Website shoppers | - Contact information
- Credentials
- Activity information
- Profile information
- Order information
- Geolocation information
| - Order processing
- Personalization
- Security
- Marketing
- Legal compliance
- Market analysis
- Service analysis
- Technical support
|
|---|
| Sweepstakes/contest entrants | - Contact information
- Activity information
- Contest/sweepstakes information
| - Sweepstakes/contest administration
- Security
- Marketing
- Legal compliance
- Technical support
|
|---|
| Applicants for employment | - Contact information
- Activity information
- Employment applicant information
| - Consideration of candidacy for employment
- Security
- Legal compliance
- Technical support
|
|---|
| Credit applicants | - Contact information
- Activity information
- Credit data
| - Consideration of candidacy for employment
- Consideration of extension of credit.
- Security
- Legal compliance
- Technical support
|
|---|
| Individuals who send us personal correspondence | - Contact information
- Activity information
- Correspondence
- Sensory information
| - To respond to correspondence
- Market analysis
- Service analysis
- Legal compliance
- Security
- Technical support
|
|---|
| Other Service users | | - Service analysis
- Legal compliance
- Security
- Technical support
|
|---|
The “categories of personal information” used above are specifically defined in the table below.
a. Categories of personal information
We collect information from you when you interact with us, including 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 visit our website, participate in a survey or promotion, or otherwise contact us. The categories of personal information we collect are described in the table below:
| Category | Description |
|---|
| Contact information | Name, mailing or shipping address, phone number, email address, social media handle. |
|---|
| Contest/sweepstakes information | This category includes information we are required to collect from winners or contestants in contests and sweepstakes, including Social Security numbers or government-issued identification numbers. |
|---|
| Credentials | This category includes information used to identify you and your group affiliations (as applicable), including sign-in information, such as username/account name, account number, passwords, group names/numbers, and reservation numbers. |
|---|
| Activity information | This category includes information we collect automatically from you regarding your usage of our Services, such as your IP address, browsing history, and information about how you interact with our Services. It also includes your device type, unique device and advertising identifiers, probabilistic identifiers, personal or online identifier, the name and version of the browser or operating system you use, internet connection speed and duration, geographic data, time zone setting and location, browser plug-in types and versions, internet service providers, and the domain name from which you accessed the Services. |
|---|
| Profile information | This category includes records of products or services you have purchased, information about your purchasing tendencies, and information you voluntarily provide to us regarding your interests, preferences, physical characteristics, measurements or sizes, photos or videos, feedback, educational information, professional or employment-related information, marital status, birthdate, age and/or year of birth, gender, sexual orientation, race, ethnicity/national origin, political affiliation, disability, medical condition, and military/veteran status |
|---|
| Sensory information | This category includes audio, video, or electronic information that depicts you. |
|---|
| Geolocation data | This category includes information about your location. |
|---|
| Order information | This category includes information we use to process your orders, 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, and signature. |
|---|
| Credit data | This category includes information we need to consider you, at your request, for credit. It includes information about your income, account balances, identity information such as Social Security Number, and other information about your creditworthiness. |
|---|
| Correspondence | This category includes information we receive when you contact us or provide feedback on our products and services. |
|---|
| Employment applicant information | This category includes information about your professional and academic background needed to consider you for employment. It also includes professional and academic references, equal employment opportunity information, and information about your need for accommodations during your candidacy. |
|---|
2. Personal information disclosure and sharing
We share each category of personal information set forth in the table in Section 1 with third parties in limited ways that we believe are consistent with your expectations.
- Service providers. We share your personal information with third parties that provide services to us. We engage these kinds of third parties with contracts that prohibit them from using your personal information for any purpose other than to deliver the services for which we have engaged the third-party. These kinds of third parties may provide business, professional, or technical support functions for us, such as payment processing, billing, shipping orders, quality assurance, and delivering you marketing materials on our behalf.
- Affiliates. We share your personal information with the companies that are a part of the Tailored Brands corporate family.
- Legal compliance recipients. We disclose personal information to the courts, the government, law enforcement agencies, regulators, litigants, and similar recipients for legal compliance purposes.
- Successors. We may disclose personal information to a buyer, potential buyer, or other successor to our business during negotiations of or in connection with a merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- Network advertisers. We also disclose personal information to third parties for network advertising purposes.
We also may disclose personal information with third parties with your consent or at your direction.
3. Personal information security and retention
We have reasonable administrative, technical, and physical safeguards designed to protect personal information in our possession. For instance, when you enter certain information (such as credit card information) on our forms, we encrypt the transmission of that information for your security. While we make every effort to help ensure the integrity and security of our network and systems, you should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be completely secure, accurate, complete, or current. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
Information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.
4. International orders and users
For customers who reside outside of the United States, including in Canada, your personal information will be processed in the United States, where our servers are located. When you use our Services, your information is protected by this privacy notice and you consent to the transfer of personal information to the United States.
5. Children’s privacy
We are very concerned about the safety of children using the Internet. We do not knowingly collect any personal information from individuals under the age of 13. Likewise, we do not knowingly sell the information of consumers who are less than 13 years of age.
We also do not knowingly sell the information of consumers under the age of 16.
If we discover that we have collected information from an individual who is under the age of 13, we will take appropriate action, including deleting their information.
6. Your California Privacy Rights
If you are a California resident, you may have certain rights as a consumer regarding your personal information conferred under Cal. Civ. Code § 1798.100, et seq., known as the California Consumer Privacy Act (CCPA).
A. Collection of Personal Information
The following table shows the categories of personal information we have collected in the last 12 months.
| Category | Collected |
|---|
| A. Identifiers. | Yes |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Yes |
| C. Protected classification characteristics under California or federal law. | Yes, but only where required by law in the employment context. |
| D. Commercial information. | Yes |
| E. Biometric information. | No |
| F. Internet or other similar network activity. | Yes |
| G. Geolocation data. | Yes |
| H. Sensory data. | Yes |
| I. Professional or employment-related information. | Yes, but only for employees and applicants for employment. |
| J. Non-public education information | No |
| K. Inferences drawn from other personal information. | Yes |
B. Disclosure of Personal Information
The following table lists the categories of personal information we have sold (under the definition of sale set forth in the California Consumer Privacy Act) to third parties in the past twelve months, or disclosed for a business purpose.
| Category | If sold, Categories of Recipients | Disclosed for a Business Purpose |
|---|
| A. Identifiers. | Network advertisers | Service providers |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Not sold | Service providers |
| C. Protected classification characteristics under California or federal law. | Not sold | Service providers |
| D. Commercial information. | Network advertisers | Service providers |
| E. Biometric information. | Not sold | Service providers |
| F. Internet or other similar network activity. | Network advertisers | Service providers |
| G. Geolocation data. | Network advertisers | Service providers |
| H. Sensory data. | Not sold | Service providers |
| I. Professional or employment-related information. | Not sold | Service providers |
| J. Non-public education information | Not sold | Service providers |
| K. Inferences drawn from other personal information. | Network advertisers | Service providers |
Please refer to Section 2, above, for more information on service providers.
C. Your Rights
If you are a California resident, California law permits you to request that we disclose certain information about our collection and use of your personal information including:
- the “right to know,” meaning the right to request any or all of the following:
- the specific pieces of personal information we collected about you;
- the categories of personal information we collected;
- the categories of sources used to collect the personal information;
- the business or commercial purposes for collecting your personal information; and
- the categories of third parties with whom we have disclosed your personal information in the preceding twelve (12) months
- the right to request deletion of your personal information that we collected
- the right to have someone you authorize make a request on your behalf
- the right to opt-out of sale (as defined in the CCPA) of personal information
- the right not to be discriminated against for exercising any of these rights.
Exercising Your Rights to Know or Deletion
To exercise your rights to know or to deletion described above, please submit a request by contacting us through any of the means outlined below.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. We will verify your request to ensure that you are the individual making the request, or to ensure that the individual making the request on your behalf has your legal authorization. You may also make a request to know or delete on behalf of your child.
Your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
You do not need to create an account with us to submit a request to know or delete, but we consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
Personal Information Sales Opt-Out and Opt-In Rights
California residents have the right to opt out or opt in, depending on their age, to the sale of their personal information to third parties. To exercise this right, visit Do Not Sell My Personal Information.
Shine the Light
California’s “Shine the Light” law, Cal. Civ. Code § 1798.83, entitles California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Any inquiries regarding personal information sharing with third parties may be directed to us at the contact information set forth below.
If you are a California resident, you may opt-out of our disclosure of personal information to third parties who use the information disclosed to them for their own direct marketing purposes. To opt out, please contact us, using the methods described in Section 8, 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.
7. Your choices
A. Cookies, Tracking Options and California Do Not Track Disclosures
Certain parts of our website require cookies. We utilize both essential and non-essential cookies on our website.
You are free to set your device or Internet browser settings to limit certain tracking or to decline non-essential cookies, but by doing so, you may not be able to use certain features on our website or take full advantage of all of our offerings. Essential cookies cannot be declined because they are required for the website to function properly and for us to ensure the security of the website. 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 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 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.
B. Interest-Based Advertising Choices
To understand your choices for receiving more relevant advertising provided on our website, 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 usage information, or advertising from other third parties if they are not a DAA or NAI participating company.
C. 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 as set out below in Section 8. 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. However, we may require written proof that the agent is authorized to act on your behalf and require that you verify your identity.
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 contact us as set forth in Section 8.
D. Choices regarding Marketing Communications
To stop receiving mobile marketing SMS messages at any time, text STOP to short code 70188, or reply STOP to any message you receive from 70188. We may operate multiple mobile programs, as indicated by the short code. Opting in or out of one mobile message program will not opt you in or out of other mobile message programs, or any other communications from us. Or, you may call us at 800-999-7472 to be removed from the program.
At all times, you also have the option of “opting out” of receiving future e-mail marketing messages from us 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, as well as legal notices and updates.
8. Contact Information
If you have questions about this notice or about our privacy practices, or if you wish to exercise the rights conferred upon you under applicable law (including the CCPA and CPRA) or as otherwise set forth in this policy, you may contact us directly by using one of the methods set forth below.
- Call: 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
- Write us at:
Jos. A. Bank Clothiers, LLC.
Customer Relations
6380 Rogerdale Rd
Houston, Texas 77072
Attn: Online Customer Relations
- Submit an Online Form
9. Changes to this Privacy Notice
We will update this notice from time to time to ensure it accurately describes how we use your information. When we do so, we will update the “Last Revised” and “Effective Dates” above. We recommend that you review this notice from time to time for the latest information. We will also revise this notice from time to time as our privacy practices change. If we change our practices in a material way, we will provide appropriate notice to you, usually through an e-mail message or through a banner or pop-up within our Services.
