NOTICE OF FINANCIAL INCENTIVE

Jos. A. Bank Clothiers, Inc. (Jos. A. Bank) maintains a loyalty program, the Bank Account program, and occasionally also administers surveys and sweepstakes (together, the “Programs”). From time to time, we may offer coupons or other price reductions for our products and services in exchange for your voluntary participation in these Programs. We offer these Programs to enhance our relationship with you so that you can enjoy more of our products and services at a lower price.

When you participate in any of these Programs, you agree to allow Jos. A. Bank and its Program-related service providers to (i) collect personal information and information about your purchases and interactions with Jos. A. Bank; (ii) use the information as outlined in this Notice and in our Privacy Policy; and (iii) share the information with our service providers and affiliates, as identified and described in Jos. A. Bank’s Privacy Policy. The categories of personal information we may collect through these Programs are described in our Privacy Policy. We utilize the information we collect through the Programs and from your commercial relationship with us to gain insights and feedback about your use and purchase of Jos. A. Bank products and services in order to improve our products and services, and market additional products and services to you.

Under California law, rewards offered through the Programs may be considered a financial incentive provided in exchange for the collection, use, and retention of personal information. While Jos. A. Bank does not assign a monetary value to the data we collect through the Programs, based on our reasonable estimate, the value we receive from your personal information by participating in the Programs is reasonably equal to the value of the discount or financial incentive we provide to participants in the Programs. We calculate this by comparing the cost of administering our programs, including costs associated with: (i) enhancing Program participant data by our skilled team; (ii) leveraging our significant investments in understanding Program participants as our existing and future customers; (iii) our intellectual property; (iv) for each program, and in the aggregate, whether the sales generated by participation in the Programs exceed the cost of us offering them; and (v) all other costs reasonably associated with the Programs.

Participation in our Programs is entirely optional and voluntary, and participants can withdraw from the Programs at any time. To opt-in or opt-out from any of our Programs, you may do so by visiting the loyalty program website or by contacting us at 800-999-7472.