INFORMATION ABOUT REGISTRATION
Consent to registration at www.iqos.com
The content on the IQOS.com website is for adult smokers who are interested in alternative ways to use tobacco. Its purpose is to provide them with relevant information about IQOS smoke-free product so that they can make a final decision on converting to this product from classical cigarettes. For adult IQOS users it is a source of information on the product’s usage and its maintenance. It also contains a map of IQOS and HEETS sales points, FAQs and contact details for the IQOS Customer Care Center.
You must register to be able to use all the benefits of the website.
You can ask for registration to www.iqos.com (you have to be physically present so we can verify your age based on ID and sign a framework contract for a future supply of HEETS with you) through our IQOS Partners, Sales Experts or at certain sales points. If you need more information about the places where you can register, please contact us by phone at a free IQOS Customer Care Center number 0800 400 600 or write to us directly using the contact form.
With respect to your registration, we will process some of your personal data, such as your name, surname, postal address, date of birth, e-mail address and phone number. The purpose of collecting your personal data and processing it along with other related information can be found under the PMI Privacy Notice for consumers.
Do you want more? Become an IQOS CLUB member
If you are a registered user you can sign up to receiving additional information via phone calls, e-mail or other electronic communications (text messages, push notifications). If you are interested, please fill out a consent when registering or at any time after on your profile at IQOS.com.
If you sign up, you will become a part of the IQOS CLUB that provides a number of benefits. You will be among the first people to be notified of our product novelties, new services, events and offers for consumer surveys.
And there are more interesting offers to come. Please let us keep you up to date. Thank you.
If you change your mind you can unsubscribe at any time directly on your profile or at our IQOS Customer Care Center at a free number 0800 413 413.
For more information about benefits go here.
PMI CONSUMER PRIVACY NOTICE
PMI CONSUMER PRIVACY NOTICE
We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Click on “find out more” in each section for further information.
Who are we?
We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.
Find out more…
· PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
· PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.
· PMI product: means a of ours or of another PMI affiliate.
How do we collect information about you?
We may collect information about you in various ways.
· You may provide us with information directly (e.g. filling in a form, or making a call to us).
· We may collect information automatically (e.g. when you use a PMI app or website).
· We may acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter).
In this notice, we refer to all the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).
Find out more…
We may collect information that you provide directly. Typically this will happen when you:
· sign up to be a member of our databases (this could be, for example, in person, via app, or online);
· purchase PMI products or services at a retail outlet;
· download, or use, a digital touchpoint (e.g. an app or a website);
· contact us through a touchpoint, or by e-mail, social media or telephone;
· register a device with us;
· subscribe to a PMI panel portal;
· register to receive PMI press releases, e-mail alerts, or marketing communications;
· participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or
· attend an event that a PMI affiliate has organised.
We may collect information about you automatically. Typically this will happen when you:
· visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology);
· attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology);
· communicate with us (for example, through a touchpoint; or social media platforms);
· use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or
· make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products).
Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.
We may also collect information in other contexts made apparent to you at the time.
What information about you do we collect?
We may collect various types of information about you:
- information necessary to fulfil your orders
- information necessary to provide warranty services
- information you give us in forms or surveys
- information about your visits to our outlets and events
- information you give us in calls you make to call centres
- information about your preferences and interests
- information necessary to verify your age
find out more…
Information that we collect from you directly will be apparent from the context in which you provide it. For example:
- if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order;
- you may provide information on your product preferences and interests so that we can offer you products and services that will interest you;
- if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
- we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image.
Information that we collect automatically will generally concern:
- details of your visit or call (such as time and duration);
- in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
- your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and
- your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device).
Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.
For what purposes do we use information about you, and on what legal basis?
In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.
Subject to the above, we use information about you for the following purposes:
- To comply with regulatory obligations, such as verifying your age and status as a user of our products
- To sell our products to you, including fulfilling your orders, processing your payments
- To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services
- To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events
- For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products
- To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting
- For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers
- For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected
The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):
- compliance with a legal obligation to which we are subject;
- the performance of a contract to which you are a party;
- a legitimate business interest that is not overridden by interests you have to protect the information;
- where none of the above applies, your consent (which we will ask for before we process the information).
find out more…
The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:
Method of collection and legal basis for Processing
Comply with regulatory obligations
· verify your age and status as a user of our products
This information is generally provided to us by you directly.
We use it because it is necessary for us to comply with a legal obligation to sell products only to adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to sell our products only to adults that is not overridden by your interests, rights and freedoms to protect information about you.
Sell our products
· fulfil your orders (including sending receipts)
· process your payments
· provide warranty services
This information is generally provided to us by you directly (typically, name, address, e-mail address, payment information).
We use it to discharge our contractual obligations to you as a buyer of our products.
Provide sales-related services
· deal with your inquiries and requests
· correspond with you
· general administration and troubleshooting
· administer loyalty programs
This information is generally provided to us by you directly.
We use it because we have a legitimate business interest in providing sales-related services to our customers that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
· understand your preferences (such as what products or events may interest you or may be better tailored to your needs) and, where permitted by law, market to you personally
· administer loyalty programs
· invite you to participate in, and administer, surveys or market research campaigns
· for market research
· develop marketing strategies
· administer marketing campaigns
· customize your experience of PMI touchpoints (for example, to personalize your visit, such as with greetings or suggestions that might interest you)
This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); information that we collect automatically (for example, using technology to monitor use of PMI touchpoints) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market our products, to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
· provide you with information about, and to manage, PMI affiliates, their promotions, products and services, outlets, events and the regulation of our products; and to develop and improve tools to pursue these purposes
This will typically be a combination of information that you provide to us (for example, your name and contact details, your social media handles); information that we collect automatically (for example, using cookies and similar technologies) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market these things that is not overridden by your interests, rights and freedoms to protect information about you.
In certain countries, where required by law, we will send you these materials in electronic format only with your consent.
Support for all the above purposes
· administering your accounts
· enabling you to use PMI touchpoints (for example, allowing you to remain logged in to sections of a touchpoint that are reserved for authorized users only, administering your language preference, associating your shopping cart with you)
· corresponding with you
· managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service)
· enhancing your experiences
· administration and troubleshooting
This will typically be a combination of information that you provide to us (typically, name, password (or equivalent)) and information that we collect automatically (for example, information about your device, and cookies and similar tracking technologies).
We use it on the grounds that correspond to the purpose for using the information that we are supporting. For example, where we administer your account to support a purchase or to provide after-sales service, we use the information to discharge our contractual obligations to you as a buyer of our products; where we administer your account to show you our products, we are supporting marketing and so we use it on the grounds that we have a legitimate business interest to market our products that is not overridden by your interests, rights and freedoms to protect information about you, and so on.
Business analytics and improvements
· allowing us or our business partners to inform you of potential opportunities to get involved in promoting PMI products
· for business analytics and improvements (including for PMI products, outlets that sell PMI products, events, digital PMI touchpoints and the information that we (or our affiliates) provide to our customers)
This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties.
We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, outlets and events, and to invite others to get involved in promoting PMI products, that is not overridden by interests, rights and freedoms to protect information about you.
Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).
In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.
Who do we share your information with, and for what purposes?
We may share information about you with:
· PMI affiliates;
· third parties who provide PMI affiliates or you with products or services;
· PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
· other third parties, where required or permitted by law.
find out more…
Sharing data with other PMI affiliates
· Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice.
· Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice.
· Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you.
Details of PMI affiliates and the countries in which they are established are available .
Sharing data with Third Parties
· We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers).
· We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences.
· We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organisational restructuring.
Where might information about you be sent?
As with any multinational organisation, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).
find out more…
When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.
For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:
· on the basis of a ;
· subject to appropriate safeguards, for example the ; or
· necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements.
In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.
How do we protect information about you?
We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.
How long will information about you be kept?
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.
find out more…
Typically, we retain data based on the criteria described in the table below:
Explanation/typical retention criteria
· marketing to you (including marketing communications) (if you use digital touchpoints and are contactable)
Most of the information in your marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use digital touchpoints, or respond to our communications. However, some elements of your marketing profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 3 years) as appropriate for the purpose for which we collected them.
· marketing to you (including marketing communications) (if you are no longer in contact with us)
This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 2 years), we will stop sending you marketing communications and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, log on to a digital touchpoint, or contact customer care, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.
· marketing to you (including marketing communications) (if you are not contactable)
If you have registered to receive marketing communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.
· marketing to you (including marketing communications) (incomplete registrations)
· market research
If you are not registered with us for other purposes (e.g. marketing communications, warranty, customer care), and we use publicly available information about you in order to understand the market or your preferences, we will retain the information about you for a short period in order to perform the particular item of market research.
· purchases and warranty
If you purchase goods, we will retain details of this for so long as required to complete the sale, and to comply with any legal obligations (for example, for tax and accounting record-keeping purposes). If you also register for a warranty for a device, we will retain details of this for so long as relevant to the warranty.
· customer care
If you contact customer care, we will make a record of the matter (including details of your enquiry and our response) and retain it while it remains relevant to our relationship, for example if you need us to replace a device under warranty, or if your recent enquiries are relevant. Temporary records (for example, an automated recording of a telephone call in which you ask us to direct you to a retail outlet) may be relevant only until more permanent records are made, and will be retained only temporarily.
· system audit logs
System audit logs are retained typically for a period of only a few months.
· business analytics
Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.
What rights and options do you have?
You may have some or all of the following rights in respect of information about you that we hold:
· request us to give you access to it;
· request us to rectify it, update it, or erase it;
· request us to restrict our using it, in certain circumstances;
· object to our using it, in certain circumstances;
· withdraw your consent to our using it;
· data portability, in certain circumstances;
· opt out from our using it for direct marketing; and
· lodge a complaint with the supervisory authority in your country (if there is one).
We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.
Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.
find out more…
The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.
Right in respect of the information about you that we hold
Further detail (note: certain legal limits to all these rights apply)
· to request us to give you access to it
This is confirmation of:
On your request we will provide you with a copy of the information about you that we use (provided this does not affect the rights and freedoms of others).
· to request us to rectify or update it
This applies if the information we hold is inaccurate or incomplete.
· to request us to erase it
This applies if:
· to request us to restrict our processing of it
This right applies, temporarily while we look into your case, if you:
(if you make use of your right in these cases, we will tell you before we use the information again).
This right applies also if:
· to object to our processing it
You have two rights here:
(i) if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request; and
(ii) if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.
· to withdraw your consent to our using it
This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.
· to data portability
(i) you have provided data to us; and
(ii) we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you,
then you have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.
· to lodge a complaint with the supervisory authority in your country
Each European Economic Area country must provide for one or more public authorities for this purpose.
You can find their contact details here:
For other countries please consult the website of your country’s authority.
Country-specific additional points
According to which country you are in, you may have some additional rights.
If you are in France, find out more…
· If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
(A) issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
(B) give us specific instructions that apply only to our use of information about you.
Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, you successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:
(i) in order to administer your estate (in which case your successors will be able to access information about you to identify and obtain information that could be useful to administer your estate, including any digital goods or data that could be considered a family memory that is transferable to your successors); and
(ii) to ensure that parties using information about you take into account your death (such as closing your account, and restricting the use of, or updating, information about you).
You may amend or revoke your instructions at any time. For further information on the processing of information about you in the event of your death, see Article 40-1 of the law 78-17 dated 6 January 1978. When you die, by default, you will stop using your account and we will delete information about you in accordance with our retention policies (see the paragraph “How long will information about you be kept?” for details).
Who should you contact with questions?
If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.
If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.
Changes to this notice
We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.
Last modified 22 May 2018.
CONDITIONS OF USE OF THE WEBSITE
Conditions of Use of the website www.iqos.com
1.1 Conditions of Use
This site is operated by Philip Morris Slovakia s.r.o. When you use this site, you agree to the terms and conditions that follow and to the terms and conditions of our Privacy Notice. If you do not agree to these terms and conditions, you should immediately cease use of this site. This site is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein.
This site may include links to other sites, some of them operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
1.3 Purpose of This Site
This site is operated for the purpose of providing general information about us and our new product IQOS in compliance with applicable regulations. The site is not operated for advertising or marketing purposes.
1.4 Accuracy, Completeness and Timeliness of Information on This Site
We cannot guarantee that the information that we make available on this site is fully accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. Any reliance upon the material on this site shall be at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to the site.
1.5 Use of Material from This Site
This site (including all its contents) is the property of Philip Morris Slovakia s.r.o. or its licensors and is protected by copyright, trademark and other laws of the Slovak Republic, the United States, Switzerland or other countries. We authorize you to browse through the site and print and download copies of material on the site for your personal, non-public, non-commercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the site in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the site in any manner or medium, including by uploading the material or otherwise making the material available on-line.
This site features logos and other trademarks and service marks that are the property of, or are licensed to, Philip Morris Slovakia s.r.o. The site may also include trademarks or service marks of third parties. All these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
1.7 Google Analytics
Your use of this site is at your sole risk. The site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the site or any feature or part of it at any time.
Philip Morris Slovakia s.r.o. expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that material on the site is noninfringing; that access to the site will be uninterrupted or error-free; that the site will be secure; or that information on the site will be complete, accurate or timely.
If you download any material from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Philip Morris Slovakia s.r.o. or through or from the site shall create any warranty of any kind.
You agree that links from this website may expose you to content that you may find offensive or objectionable and that in this respect, you use the services at your own risk.
To the fullest extent permitted under applicable law, your use of this site is subject to the disclaimers provided above.
1.9 Limitation of Liability
To the fullest extent permitted under applicable law, you understand and agree that neither Philip Morris Slovakia s.r.o. or third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
1.10 Your Liability
If you cause a technical disruption of the site or of the systems transmitting the site to you or others, you agree to be responsible for any and all liabilities, costs and expenses (including attorneys' fees) arising from that disruption.
1.11 Intellectual Property Rights of Others
We respect the intellectual property rights of others, and we request that our visitors do the same. If you think that your work has been copied in a manner that constitutes copyright infringement, please notify us at:
Philip Morris Slovakia s.r.o.
Bratislava 821 04
The laws of the Slovak Republic shall govern these terms and conditions and your use of the site, and you irrevocably consent to the jurisdiction of the competent courts located in the Slovak Republic for any action to enforce these terms and conditions.
1.13 Changes to These Term
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.
IQOS GENERAL TERMS OF SALE
1. ABOUT US
1.1 The website www.iqos.com is run by Philip Morris Slovakia s.r.o., ID No. 31 344 259, with its registered office at Galvaniho 15/A, 821 04 Bratislava, registered in the Commercial Register maintained by the District Court Bratislava I, Section: Sro, File No.: 4512/B.
1.2 Please send any suggestions, inquiries or other correspondence you may have in relation to our business to us by phone at 0800 400 600, or via e-mail at [email protected]. Please refer to our Complaint Handling Procedure in case of queries concerning faulty goods.
2. WHY THESE TERMS
2.1 The purpose of these General Terms of Sale ("GTS") is to make you aware of the basic rules and principles of IQOS sale and our legal relationship arising therefrom. These GTS intentionally avoid detailed descriptions of issues, which are evident from the context. These terms of sale are executed in Slovak and English version. In case of discrepancies, Slovak version prevails.
2.2 The website www.iqos.com is intended for buyers with a delivery address in the Slovak republic only.
3. WHICH PRODUCTS YOU MAY PURCHASE FROM US AND WHY WE ARE SO KEEN TO KNOW YOUR AGE
3.1 The goods which we offer may contain tobacco or be a tobacco product or a smoke-free tobacco product. Therefore, we have to ensure that we make no sales of goods to persons under 18 years of age. That is why we request age verification at registration, its confirmation when you visit our websites and on delivery of the ordered goods.
3.2 We will never make a delivery of our goods from www.iqos.com to a person under 18 years of age.
3.3 The website www.iqos.com is accessible only to registered users. We verify a customer’s age at registration (tasting of goods) or also upon delivery of goods to the designated destination by inspecting the customer’s identity document (ID card, driving licence, passport) and recording the document’s number; we do all this to comply with the law, especially the Act No. 377/2004 Coll. on Protection of Non-smokers as amended ("Act on Protection of Non-smokers").
3.4 If you are under 18 years of age and register, your registration will be cancelled immediately after we become aware of this
3.5 IQOS, its accessories and tobacco sticks HEETS may be ordered at the website only after a personal meeting during which or after which the customer was given the opportunity to test the IQOS device, after the verification of his/her age, its registration and conclusion of the Framework Contract for Future Delivery of the HEETS tobacco sticks.
4. WHEN AND HOW WE CONCLUDE THE PURCHASE CONTRACT
4.1 You select the goods, the payment method, the delivery method and the place of delivery at our website, where you will also find information about the goods and their prices. The offer of goods at website is for your information only – it is non-binding and valid only as long as we have the product in stock.
4.2 By completing and sending the order form (by clicking on the relevant button), you make an offer to enter into a purchase contract with us; within 5 days, we may accept the offer as is, or some part of it (after previous mutual agreement), or we may reject the offer altogether.
4.3 By our confirmation of your offer, a purchase contract is concluded between you and us with the content as given in our confirmation and subject to these GTS; our relationship is, in all other respects, governed by applicable laws and legal regulations, in particular the Act No. 40/1964 Coll. Civil Code as amended, Act No. 250/2007 Coll. on Consumer Protection as amended and the Act on Protection of Non-smokers.
4.4 If a purchase contract is not entered into for whatever reason, we will return your payment to you within 14 days of receipt.
4.5 You hereby agree that the order and the tax document concerning the purchased goods will be provided to you exclusively in electronic form and will be delivered to the e-mail address contained in your order.
5. WHEN YOU BECOME THE OWNER OF THE PURCHASED GOODS
5.1 The title to the purchased goods passes to you upon delivery and payment of the purchase price.
5.2 You assume the risk of damage to the product upon handover of the goods.
5.3 Check for any evident damage to the goods or the packaging when taking the delivery and, if you discover any, please follow the instructions in the Complaint Handling Procedure.
6. WHEN AND HOW IS IT POSSIBLE TO WITHDRAW FROM THE PURCHASE CONTRACT
6.1 You may withdraw from the purchase contract concluded with us without cause within 14 days of the delivery of the ordered goods. The withdrawal means that the purchase contract is treated as though it had never existed and you are obliged to return the delivered goods to us and we are obliged to return the purchase price to you.
6.2 We believe you will understand that it is not possible to withdraw from the purchase of HEETS tobacco sticks where the unit’s cellophane wrapper, ensuring hygienic safety, or the packaging of the multipack.
6.3 If you withdraw from the purchase of other goods, which has been used beyond a routine inspection and test of functionality, as would be standard if purchasing in traditional retail premises, we may request that you pay us the difference between the price for the new goods and the usual price for the returned goods.
6.4 You can withdraw from the purchase contract by completing and sending the form available at www.myiqos.com or by a written withdrawal, i.e. by sending a written withdrawal to Kuehne + Nagel, s r.o., Diaľničná cesta 17, Senec 903 01.
6.5 You must return the purchased goods to us within 14 days of withdrawal either in person, by post or messenger, but always at your own expense. We have to return the received payment to you (i.e. the purchase price and any other monies we received from you during the sale of the returned goods, except for the difference between the price of the delivery method you selected and the price of the cheapest standard delivery method offered by us) within the same period of time, however, no earlier than we receive the goods or you prove having sent them.
6.6 We also reserve the right to withdraw from the purchase contract if you fail to take delivery of the ordered goods, if there is an obvious typo at the website www.iqos.com (such as a mistakenly stated price which is obviously different from the usual price for such type of goods), if the goods you order are no longer manufactured, supplied or our supplier is no longer able to supply them at the originally agreed price. We, too, may withdraw solely on the basis of a notification delivered to you in at least the same form that we sent the confirmation of receiving the order and we are obliged to return any payment received from you within 14 days of withdrawing from the purchase contract. Moreover, we will not deliver the ordered goods and we will not complete the transaction if we later learn that you are under 18 years of age.
7. HOW TO FILE A COMPLAINT ABOUT FAULTY GOODS
7.1 Our mutual rights and obligations concerning our liability for product faults are governed by applicable laws and legal regulations. These are described in more detail in the attached Complaint Handling Procedure, which forms an integral part of the GTS.
7.2 If a product is covered by a warranty, this is explicitly stated in description of the product and the warranty terms are enclosed with the goods.
7.3 You can direct your queries concerning faulty goods to Customer Care by calling 0800 400 600 or in person to any IQOS device vendor.
8. OTHER THINGS YOU SHOULD KNOW
8.1 If we are unable to settle a dispute in connection with a purchase of our products by mutual agreement, you can seek alternative dispute resolution at the Slovak Trade Inspection Authority (in Slovak: Slovenská obchodná inšpekcia), Ústredný inšpektorát, Odbor pre medzinárodné vzťahy a alternatívne riešenie spotrebiteľských sporov, Prievozská 32, p. p. 29, 827 99 Bratislava 27, e-mail: [email protected], [email protected], web: http://www.soi.sk/sk/Alternativne-riesenie-spotrebitelskych-sporov.soi.
You can also use the Online Dispute Resolution platform developed by the European Commission and accessible at http://ec.europa.eu/consumers/odr/.
8.2 If our legal relationship under the purchase contract contains a ‘foreign element’, the laws of the Slovak Republic shall apply.
8.3 We process your personal data, which you provide to us in connection with your purchase of our goods, to the extent necessary and solely for the purposes of the fulfilment of the purchase contract and compliance with legal obligations within the meaning of applicable Personal Data protection regulation. More information about how we process personal data can be found in PMI Privacy Notice for consumers.
8.4 These GTS include the Complaint Handling Procedure and Complaint / Return of Goods Form.
COMPLAINT HANDLING PROCEDURE
1. ABOUT US
1.1 The website www.iqos.com is run by Philip Morris Slovakia s.r.o., ID No. 31 344 259, with its registered office at Galvaniho 15/A, 821 04 Bratislava, registered in the Commercial Register maintained by the District Court in Bratislava I, Section: Sro, Entry No.: 4512/B for the Slovak Republic.
1.2 Please send any suggestions, inquiries or other correspondence you may have in relation to our business to us by phone at 0800 400 600, or via e-mail at [email protected].
2. WHAT IS THE PURPOSE OF THIS COMPLAINT HANDLING PROCEDURE
2.1 The purpose of this Complaint Handling Procedure ("Complaint Handling Procedure") is to make you aware of the basic rules and principles followed by us when handling complaints regarding goods bough from us.
2.2 This Complaint Handling Procedure forms an integral part of the GTS and the GTS apply unless this Complaint Handling Procedure states otherwise.
2.3 Matters not specifically covered by this Complaint Handling Procedure and the GTS will be governed by applicable laws and legal regulations, especially the Act No. 40/1964 Coll. Civil Code as amended and Act No. 250/2007 Coll. on Consumer Protection as amended.
3. OUR PRODUCT LIABILITY
3.1 We are responsible for the goods purchased from the www.iqos.com website having no defects upon delivery of such goods.
3.2 You can submit product liability claims to us within 24 months of delivery of the product.
3.3 The provision of a warranty beyond the scope of general product liability under applicable law depends on the discretion of the manufacturer of the goods. Where such a warranty is provided, your rights thereunder are governed by the manufacturer’s warranty terms.
4. WHAT TO DO WHEN THE GOODS ARE EVIDENTLY DAMAGE
4.1 You can direct your inquiries concerning faulty goods to Customer Care by calling 0800 400 600 or in person to any IQOS device vendor.
4.2 When accepting delivery of a product, inspect it to make sure that there is no evident damage to the product or its packaging.
4.3 If you find evident defects, you must immediately raise a complaint regarding these with the person making the delivery and record all your findings in the delivery confirmation or another complaint form provided by the carrier. You have no obligation to take delivery of goods that are evidently damaged or the packaging of which is evidently damaged. Claims of evident defects made to us or the carrier after 3 days after delivery cannot be granted.
5. WHAT TO DO WHEN A DEFECT APPEARS LATER
5.1 You can direct your inquiries concerning faulty goods to Customer Care by calling 0800 400 600, emailing [email protected], or in person to any IQOS device vendor.
5.2 You can file complaints about defects which were not discoverable at delivery or have only manifested later (but no later than within statutory limitation periods) by phone, in person to the vendor or to authorized service providers whose up-to-date list is available at www.iqos.com. Keep in mind that should you wish to file a complaint regarding any product, you will need to prove that and when you bought the product in question from us; we would therefore recommend that you keep the receipt (document evidencing purchase).
5.3 If we are unable to resolve your complaint on the spot, you will sign a Customer Complaint Report prepared by us, and agree with you on a deadline for the handling of the complaint. We try to handle most complaints by exchanging the faulty goods, or their parts, with non-faulty goods or parts.
5.4 When dealing with a complaint, we always first proceed in accordance with the manufacturer’s warranty terms where a manufacturer’s warranty is provided.
6. DEFECTS FOR WHICH WE ARE NOT LIABLE
6.1Rights under product liability do not apply to:
(a) damage to any component caused by normal wear and tear;
(b) cosmetic damage (such as scratches, dents or broken plastic) that have appeared after delivery;
(c) damage to any component caused by misuse, power surge, improper handling, liquid contact, fire, or by the removal of the serial number;
(d) malfunction due to use with a non-compatible product;
(e) damage or malfunction caused by an attempt to open, modify or repair the product either by a user or by a technical service provider not authorised by the manufacturer;
(f) damage or malfunction caused by failure to use the product as described in the User Guide
6.2 If a battery or accumulator forms a part of the product, we are not liable for these being non-functional or insufficient due to the number of charging cycles indicated by the manufacturer as their lifetime being reached.
6.3 We are not liable for defects in gifts or other goods provided to you free of charge or at a token charge.
7. YOUR RIGHTS WHEN MAKING A COMPLAINT
7.1 You have a right to have your complaint resolved without undue delay, however, no later than 30 days after it had been made.
7.2 If the defect can be removed, you have a right to have the defect removed free of charge. Instead of removing the defect you may request the exchange of goods or if the defect relates only to a specific part, you may request the replacement of such part - but only if such exchange does not result in unreasonable costs to be incurred by us with regard to the price of goods or nature of the defect.
7.3 If the defect cannot be removed, you have a right to proportionate purchase price discount.
7.4 If the defect cannot be removed and simultaneously prevents the proper use of goods, you have the right to have the goods replaced or withdraw from the purchase contract. You have this right also in cases where the same defect occurs after its second removal or goods have several defects.
7.5 You have a right to reimbursement of necessary expenses reasonably incurred in making a complaint if you notify them to us and make the request for reimbursement within one month of the deadline for making claims under product liability.
8. WHEN WE CAN REJECT A COMPLAINT
8.1 We can reject a complaint if the goods or their parts are dirty.
9.SPECIFIC PROVISIONS RELATED TO SERVICES
9.1 The provisions of this Compliant Handling Procedure shall also apply to cases of complaints related to the service of providing IQOS for testing usage, with the exception of clauses 2.2, 3.2, 5.3, 7.2, 7.3, 7.4 of this Procedure, with the following rules being applied instead:
9.1.1 the service of providing IQOS for testing usage is not covered by IQOS General Term of Sale and these terms shall not be enforced even in a supportive manner in the handling of claims of this Service;
9.1.2 if the IQOS device cannot be properly used because the IQOS device has been provided by us defective already at the time of delivery, you may apply for a claim during the provision of the service; and
9.1.3 in case of a legitimate claim, we will replace the IQOS device and we will also prolong the testing time to compensate for the period when the IQOS device could not be properly used.
FOR PURCHASE CONTRACTS OF IQOS AND HEETS:
FOR SERVICE OF PROVIDING IQOS FOR TESTING USAGE
Philip Morris Slovakia s.r.o.
A company incorporated in Companies Register of the District Court Bratislava I, Section: Sro, Insert No.:4512/B, with registered number 31 344 259.
Seat and contact address: Galvaniho 15/A, 821 04 Bratislava
Identification number: 31 344 259
Taxpayer Registration Number: SK 2020477591
LICENCE TO USER GENERATED CONTENT
We are a member of the Philip Morris International group of companies (referred to as "we", "us" or “PMI”). We have identified ourselves to you (“You” or “Your”), and given our contact details, on www.iqos.com ("Website") in connection with which You have been guided here.
We would like to use your content (“UGC”). By submitting the content, you agree to the terms (“Terms”) on which you are letting us use Your content set out in this document.
These are important provisions: you should read them before submitting any UGC as they are binding on You.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT SUBMIT THE UGC.
You are responsible for the UGC you submit on the Website and we reserve the right to remove any UGC that contains:
- Offensive or violent language
- Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs
- Links or comments containing sexually explicit content material
- Violations of copyright or intellectual property rights
- Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices
- Attacks on specific groups or any comments meant to harass, threaten or abuse an individual
- Commercial solicitations or the promotion of a competitor
We reserve the right to remove UGC as described above and other content which we consider inappropriate at our own discretion.
LICENSE TO USE USER GENERATED CONTENT
- This permission to use Your content is an agreement between You and PMI.
- You confirm that:
- You are current user of IQOS or IQOS MESH and at least 18 years old (if you do not appear in UGC) or at least 25 years old (if you appear recognizably in UGC);
- the UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
- Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
- any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to: i) photograph, record or film them , ii) include their photograph, sound and/or video in the UGC and iii) if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and iv) provide PMI with a copy of their written permission if PMI requests You to do so.
- You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your License.
- You grant PMI and its affiliates the rights to reproduce, modify, translate, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.
- You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partners privacy notice available at https://www.pmi.com/legal/legal-documents, and that you have notified any other people included in the UGC of these terms.
- In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.
- You agree that Your License is voluntary and You are free to enter into it with PMI.
- You can contact [email protected] (email id) for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.
- You can enter into Your License by posting #okiqosterms in response to our request from account @iqos on Instagram or account @iqossupportsk on Twitter, or by submitting, posting, sending us UGC on our social media channels, accounts, the Website(-s); and
- Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.
TOBACCO STICKS USED WITH IQOS CONTAIN NICOTINE, WHICH IS ADDICTIVE. THEREFORE USING IQOS IS NOT RISK FREE. THE BEST CHOICE FOR CONSUMERS CONCERNED ABOUT THEIR HEALTH IS TO QUIT TOBACCO USE ALTOGETHER