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.
Please also read our terms of use relating to the service you are interested in. They provide more information about the way we do business, and any restrictions on eligibility that may apply.
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.
Findout 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 product 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 “PMItouchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).
Findout 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).
We may also collect information about you automatically through the use of cookies and similar tracking technologies on digital PMI touchpoints. The specific cookies and technologies used will depend on the PMI touchpoint in question. To learn about the cookies (including Google analytics cookies) and similar technologies used on a touchpoint, including how you can accept or refuse cookies, please see the cookie notice made available on or through that touchpoint.
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:
Purpose |
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. |
Supportfor 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. |
Businessanalytics 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 withother 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 here .
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 European Commission adequacy decision ;
· subject to appropriate safeguards, for example the EU Model Contracts ; 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:
Type |
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) |
If you commence registering yourself in a database, but do not complete the process (for example, if you don’t complete the age verification process, or you don’t accept the touchpoint’s terms of use), we will retain your details for only 6 months to allow you to return and complete the process. |
· 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: · whether or not we process information about you; · our name and contact details; · the purpose of the processing; · the categories of information concerned; · the categories of persons with whom we share the information and, where any person is outside the EEA and does not benefit from a European Commission adequacy decision , the appropriate safeguards for protecting the information; · (if we have it) the source of the information, if we did not collect it from you; · (to the extent we do any, which will have been brought to your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning you, or significantly affects you in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for you; and · the criteria for determining the period for which we will store the information. 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: · the information we hold is no longer necessary in relation to the purposes for which we use it; · we use the information on the basis of your consent and you withdraw your consent (in this case, we will remember not to contact you again, unless you tell us you want us to delete all information about you in which case we will respect your wishes); · we use the information on the basis of legitimate interest and we find that, following your objection, we do not have an overriding interest in continuing to use it; · the information was unlawfully obtained or used; or · to comply with a legal obligation. |
· to request us to restrict our processing of it |
This right applies, temporarily while we look into your case, if you: · contest the accuracy of the information we use; or · have objected to our using the information on the basis of legitimate interest (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: · our use is unlawful and you oppose the erasure of the data; or · we no longer need the data, but you require it to establish a legal case. |
· 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 |
If: (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: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm 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.
TERMS AND CONDITIONS OF USE FOR DIGITAL TOUCHPOINTS
TERMS AND CONDITIONS OF USE FOR DIGITAL TOUCHPOINTS
Last update: 01.03.2023
Introduction
You have been guided to this page because of your download or use of the digital Touchpoint (the "Touchpoint") that is operated by a member of the Philip Morris International group of companies ("PMI").
What is a "Touchpoint"? In these terms and conditions, a "Touchpoint" refers to any method by which you get in contact with us. Some touchpoints are digital, like mobile applications and websites, for example.
Who are we? Philip Morris Switzerland Sàrl, a Philip Morris International group company. We have identified ourselves to you and given you our contact details in the Touchpoint that guided you here.
How can you accept these terms and conditions? By using the Touchpoint, you accept these terms and conditions of use (the "Terms and Conditions"). The first time that you connect to the Touchpoint, we will draw your attention to these Terms and Conditions. They contain important information about your use of the Touchpoint. Please read the Terms and Conditions before using the Touchpoint, because you will be bound by them.
Disclaimer of liability: By using the Touchpoint, you accept our exclusion of liability, explained in more detail in these Terms and Conditions. To summarize, use of the Touchpoint is at your own risk. We will not be liable and provide no warranty (express or implied) in connection with the Touchpoint or your use thereof.
YOU ARE NOT AUTHORIZED TO USE THE TOUCHPOINT IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS.
Additional terms and conditions: If you wish to use certain parts of the Touchpoint or take advantage of any promotions that we offer to you through it, such services may be subject to other terms and conditions or notices. In such a case, this will be brought to your attention and, in some situations, you will be asked to read and confirm your acceptance of any such terms and conditions or notices before continuing.
Changes to these Terms and Conditions: We may amend these Terms and Conditions at any time. In such a case, we will notify you of such changes the first time you connect to the Touchpoint after the changes have been made. If you then continue to use the Touchpoint, such use constitutes your acceptance of the amended Terms and Conditions. The date at the top of this page indicates when these Terms and Conditions were last updated.
Use of the Touchpoint
The Touchpoint is intended to be used by adult tobacco-product consumers aged 18 years and over who want to continue to consume tobacco products (the "Intended Users") and who reside in Switzerland. If you do not meet the conditions mentioned above, you must not use the Touchpoint.
To create an account for the Touchpoint, you must give us some personal information so that we may verify your eligibility to use the Touchpoint. Typically, this information will relate to your status as a smoker or user of tobacco products, how you use tobacco, your name, age, country of residence and e-mail address/telephone number. We will hold your information in accordance with our Privacy Notice (see the "Confidentiality and Cookies" section below for more information).
If you cause a technical disruption in the Touchpoint or the systems transmitting the Touchpoint to you or to others, you agree to assume full responsibility for any losses (e.g., loss of data, profits, income, contracts and/or clients) and/or any damages (e.g., direct, indirect, punitive and/or consequential damage) caused, as well as responsibility for all costs relating thereto (e.g., attorneys’ fees and/or court costs). If you deactivate push notifications in the App, you will no longer receive any information via push notifications.
Registration and your information
If you want to use the Touchpoint, you will have to create an account. You should do this via the Touchpoint. Only one account per user is permitted. P.O. Box addresses are not permitted. We reserve the right to delete any duplicate accounts and/or any accounts that do not meet the requirements set forth in these Terms and Conditions. It is important that you provide us with accurate, complete, and up-to-date information for your account. You agree to ensure that your information is always accurate, complete, and up to date. You agree not to disclose your account password to anyone. You are responsible for all activities that occur in your account, whether or not you know about them.
You must not use anyone else's password or account. You must not attempt to gain unauthorized access to the Touchpoint. Should you attempt to do so, or assist others to do so, or if you distribute instructions, software, or tools for that purpose, we will close your account. If anyone other than you use your account, we may suspend or terminate your account (see the section entitled "Modification and suspension of the Touchpoint" below). You must immediately notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security that you become aware of involving your account or the Touchpoint.
Marketing
We may provide you with information about our products and services that might be of interest to you and contact you for this purpose by telephone, SMS, or e-mail, unless you have specified not to do so. You may at any time choose not to receive or to no longer receive this information and marketing communications by using the option available upon creating your account, the unsubscribe mechanism in the marketing communications themselves, or the unsubscribe mechanism provided in the "my profile" section of your user account on www.iqos.com. To manage push notifications, go to the settings page of your telephone or the settings of the App (see profile/settings/notifications). If you deactivate push notifications in the App, you will no longer receive any information via push notifications.
Modification and suspension of the Touchpoint
We reserve the right to modify, suspend, or terminate operation of or access to the Touchpoint, or any portion of it, at our discretion. For example, we may terminate operation of the Touchpoint for users if we have reason to believe that the Touchpoint is being used by someone who is not an Intended User.
We may also update the Touchpoint and change its content at any time. Although we make reasonable efforts to update the information in the Touchpoint, please note that any or all content in it may be out of date at any given time, and we are under no obligation to update it.
We may also terminate the regular operation of the Touchpoint, or any portion of it, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes.
Lastly, please note that most Touchpoints are accessible only from Switzerland at PMI's discretion.
Use of the Touchpoint and its Content
The Touchpoint and all its content (including software, files, graphics, data, images, and any other form of content) (the "Content") are our exclusive property and that of our affiliates or our licensors (or any combination of the foregoing) and are protected by Swiss law and/or the laws of other countries.
All intellectual property rights regarding the Content are reserved by us or our licensors. You are not authorized to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display, or perform, broadcast, edit, adapt, or create a derivative work of, or reverse engineer in any manner, all or any part of the Touchpoint or its Content.
The Touchpoint and its Content are provided solely for your personal and private use. You are not authorized to use them for any other purposes (for example, you are not authorized to use them for business or commercial purposes). Please note the "Disclaimer of liability" clause below.
MyIQOS Programs & Services:
- IQOS CLUB
The IQOS CLUB is a status-based loyalty program for our loyal registered IQOS adult customers (“Register User”). The IQOS CLUB allows Register User to collect points by taking certain actions, and benefit from rewards and experiences. For more information on the IQOS CLUB and how to become a member, you can read the full IQOS CLUB terms and conditions here.
- IQOS Automatic Delivery
The IQOS Automatic Delivery service (“IQOS Automatic Delivery”) entitles you, as an Register User, to free regular delivery of tobacco consumables to your nominated delivery address. You can read the full IQOS Automatic Delivery Terms and Conditions here.
- Refer and Earn
The IQOS referral program (“Refer and Earn”) allows you, as an Register User, to offer your adult smoker friends who reside in Switzerland and have never ordered on iqos.com or tryiqos.ch referral vouchers for the purchase of their first IQOS ILUMA Kit (IQOS ILUMA, IQOS ILUMA ONE or IQOS ILUMA PRIME) of their choice by providing them with your personal referral code (your personal referral code is accessible on your profile). Referral vouchers are not applicable to IQOS REFRESHED devices. Referral vouchers are valid on iqos.com and tryiqos.ch, at the points of sale listed on tryiqos.ch and in our IQOS Boutiques in Switzerland.
The conditions for participating in Refer and Earn are as follows:
– You must be a Register User.
– Your referral must be successful, meaning the referred person
- is an adult smoker residing in Switzerland;
- has never ordered any product on iqos.com or on tryiqos.ch; and
- has ordered and paid for his/her first IQOS kit.
In exchange for a successful referral, we reward you with reward vouchers to be used on the purchase of any IQOS product on iqos.com and in our IQOS Boutiques in Switzerland.
We reserve the right to change, at any time and upon notification, the value of the vouchers for Refer and Earn, the products for which these vouchers are valid, and the value and type of any other reward offered.
The number of adult smokers you may refer is not limited but your reward voucher will be attributed to a maximum of 10 successful referrals.
The voucher is valid for a one-time use and cannot be exchanged for cash.
An adult smoker may be referred only once. If you refer the same adult smoker multiple times, you will be rewarded only once, at our discretion. If two Register User refer the same adult smoker, only the first successful referral will be rewarded, at our discretion.
You cannot use the referral program to refer yourself. Creating multiple accounts for this purpose is not allowed. Sharing your personal referral code and vouchers on social media platforms and websites is not allowed either. If we have reasons to suspect the creation of multiple accounts by the same Register User, or any fraud in violation of these Terms and Conditions, we reserve the right to terminate the Register User account. We reserve the right to exclude a Register User from Refer and Earn at any time without cause. We also reserve the right to amend these terms and suspend or terminate Refer and Earn at any time and at our discretion.
- IQOS exchange vouchers
The IQOS exchange program (“IQOS Exchange Program”) allows you, as a Register User, to exchange, under certain conditions, your IQOS device purchased in Switzerland for a new IQOS device, using the IQOS exchange voucher you receive when returning your device. The IQOS Exchange Program is available in our IQOS Boutiques and selected points of sale in Switzerland, via the IQOS Call Center as well as on IQOS.com*. You can participate in the IQOS Exchange Program, and hence receive an IQOS exchange voucher, maximum three times a year, each IQOS exchange voucher can be used for the purchase of an IQOS ILUMA, IQOS ILUMA ONE or IQOS ILUMA PRIME.
*If you select the invoice as the payment method, such invoice will have to be settled within 30 days upon delivery of your new device.
The conditions for participating in the IQOS Exchange Program are as follows:
– You must be a Register User.
– Your current device must be registered on your profile on iqos.com
– Your device must be returned in its entirety (holder and charger) to one of our IQOS Boutiques, selected points of sale in Switzerland or via the return envelope sent to you with your new order within 30 days.
– Your device must be a blade generation device (IQOS 2.4, IQOS 2.4 Plus, IQOS 3, IQOS 3 MULTI, IQOS 3 DUO, IQOS 3 DUO Collector’s Edition).
The value of the IQOS exchange voucher is determined as follows:
Register User:
5% voucher
IQOS CLUB members: Please refer to IQOS CLUB terms and conditions here.
The IQOS exchange voucher can only be used for the purchase of a new IQOS device and cannot be combined with any other offer. Only one IQOS exchange voucher can be applied per purchase. We reserve the right to change, at any time and upon notification, the value of the IQOS exchange vouchers.
Links
The Touchpoint may include links to third-party websites. These links are provided to facilitate and enhance your navigation only. As we have no control over such websites and do not review them, please note that:
- We do not endorse them, we are not responsible for them, and we make no promise and give no warranty in relation to them. We are not responsible for the terms and conditions that govern such websites, or their privacy protection practices, availability, content, advertising, products or other materials, services, or information on or available from them; and
- If you access any such websites, you do so at your own risk.
You are not authorized to frame, link or deep link the Touchpoint to any other website.
Confidentiality and Cookies
To the extent that we collect any personal information about you through the Touchpoint, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about the type of personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
The Touchpoint also uses cookies and similar technologies to collect certain user information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookie Notice.
Please review our Privacy Notice and our Cookie Notice before using the Touchpoint. As with these Terms and Conditions, we may amend them at any time.
Disclaimer of liability
The Touchpoint is made available to you on an "as is" basis, except where we have expressly stated otherwise in these Terms and Conditions. In addition:
We will not be liable for any losses (e.g., loss of data, profits, income, contracts and/or clients) and/or any damages (e.g., direct, indirect, punitive and/or consequential damage) incurred and we will not be responsible for any costs relating thereto (e.g., attorneys’ fees and/or court costs). This exclusion of liability pertains in case of breach of these Terms and Conditions or use of technologically harmful material or procedures (such as a virus or a distributed denial-of-service attack) that may affect your computer equipment, software, data, or other material in connection with your use of our Touchpoint or any website linked to it.
We accept no liability as to the suitability or fitness of the Touchpoint to meet your needs. To the fullest extent permitted by law, we exclude all express or implied representations, warranties, and promises, including:
- That the Touchpoint and any content contained in or transmitted via the Touchpoint or otherwise made available in connection with the Touchpoint are accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- That access to the Touchpoint will be uninterrupted or error-free; and
- That the Touchpoint and the computer system from which the Touchpoint is made available are free of viruses or other harmful components.
It is your responsibility, and not ours, to ensure that the Touchpoint is suitable for your own purposes when you use it.
You acknowledge and agree that the operation of the Touchpoint is dependent upon the operation of the internet and other third-party equipment and services (including your own devices or web browser), and that we do not guarantee, and will not be liable for, these in any way.
Jurisdiction and Governing Law
Swiss law governs these Terms and Conditions and your use of the Touchpoint. You irrevocably acknowledge the exclusive jurisdiction of the courts of the Canton of Vaud for any proceedings to enforce these Terms and Conditions. The Touchpoint has been designed to comply with the laws of the jurisdiction.
Our other rights under these Terms and Conditions
We may transfer our rights and obligations under these Terms and Conditions to a third party, but this will in no way affect your rights under these Terms and Conditions.
If we fail to insist that you perform your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay in doing so, that in no way means that we waive our rights to enforce any such breach against you or that you are no longer required to comply with those obligations. If we decide to waive our right to enforce a default or breach of these Terms and Conditions, we will do so only in writing.
Each of the clauses of these Terms and Conditions is valid separately. This means that if any court or competent authority decides that any of the clauses are unlawful, illegal, or unenforceable, the remaining clauses will remain in full force and effect. The French version of these Terms and Conditions of Use for Digital Touchpoints is authoritative.
These Terms and Conditions are not intended to give rights to anyone other than you and us.
Contact us
Please contact us:
- If you think that the Touchpoint infringes on your copyrights or contains content that you think is illegal or offensive or infringes on your rights or others' rights, or
- For any question that you may have about these Terms and Conditions or the Touchpoint.
IQOS Customer Service
Telephone: 0800 050 000 (toll-free call) in CH
E-mail: [email protected]
CONDITIONS OF SALE FOR TOBACCO-BASED OR TOBACCO-RELATED PRODUCTS
Last updated: 02.11.2021
We own and operate the www.iqos.com website. We have hired the company Ch. Margot & Cie S.A. for the logistics related to preparing, packaging and invoicing products ordered on www.iqos.com
Products
Only users of tobacco products aged 18 years and over residing in Switzerland may purchase IQOS system items (IQOS, charger, cleaning set, USB cable, plug, etc.), tobacco products (HEETS/TEREA) and related merchandise (the "Products") on www.iqos.com . When you order Products, you are responsible for ensuring that the Products are not used by minors. Philip Morris Switzerland Sàrl reserves the right to modify offerings for Products at any time and to permanently discontinue certain Products.
By registering on and using iqos.com, each user must confirm that he or she is at least 18 years of age.
Order
You are obligated to accept these conditions of sale before placing any order. When you place an order for Products, www.iqos.com will send you a confirmation e-mail with the details of your order and confirmation that we accept your offer. From that moment, you have entered into the contract of sale and your order cannot be changed or cancelled. Products may neither be returned nor exchanged, unless you meet the conditions described in the "Order Return" and "Warranty for Defects" clauses below. You are responsible for updating your address before placing any order. If these conditions of sale are not met when using www.iqos.com , we reserve the right to cancel your order and to bar your access to the Site by terminating your user account without notice.
Minimum and maximum order
Unless otherwise specified on www.iqos.com , the minimum quantities per order are as follows:
- 1 pack of 20 HEETS or TEREA; or
- 1 IQOS kit; or
- 1 individual item of the IQOS system; or
- 1 special offer (e.g. 1 set of 2 packs);
- any unit of another Product
Unless otherwise mentioned on www.iqos.com , each customer may order a maximum of CHF 800.00 (eight hundred Swiss francs) of Products per month on www.iqos.com .
Philip Morris Switzerland Sàrl may modify the minimum quantities and maximum amount of Products specified above at any time at its discretion.
Product availability
We make every effort to provide the best availability of Products offered on www.iqos.com . However, if a product is no longer available once an order is placed, you will receive a message from www.iqos.com informing you that your order will be delayed or cancelled in part or in full. If delayed, you have the option to cancel your order or to redeem a corresponding credit on a subsequent order on www.iqos.com . Nevertheless, we reserve the right to replace an item that is no longer available with another item of the same type (e.g. a different color). In this case, you will still have the option to cancel your order if you do not want this change.
Resale
Resale of Products purchased on www.iqos.com is strictly prohibited.
Pricing
All prices posted on www.iqos.com include VAT at the rate in effect. Prices posted at the time the order is placed are valid.
Payment
You may pay by credit card, debit card (Visa, MasterCard or PostCard) or PayPal. The minimum is CHF 5.00 (five Swiss francs) per order and does not include delivery charges. Your account will be debited as soon as the order is confirmed. Upon confirmation of the order, you may not be reimbursed unless you meet the conditions of the "Right of return and retraction" clause below.
You may also pay your invoice through the SWISSBILLING SA ("Swissbilling") system. With your consent, Swissbilling may impose special conditions and a credit check to accept payment-by-invoice for orders. This credit check consists of verifying customer data in other databases (e.g. collection agency) before acceptance. You will be charged additional fees for the use of this payment-by-invoice function (CHF 5.10 per purchase if the invoice is sent by postal mail and CHF 1.90 if sent by e-mail).
If the invoice is not paid on the due date(s) specified, SWISSBILLING may assign the task of recovery to a third party and has the right to assign the receivable(s) relating to the invoice in question to the said third party. In the event of transfer to a debt collection agency, the client will be subject to the following charges for processing the recovery, set in accordance with the recommendations of the Association Suisse des Sociétés Fiduciaires de Recouvrement [the Swiss association of collection companies] (www.inkassoverband.ch/fr/):
▪ Charge of CHF 50.00 for an invoice up to CHF 20.00;
▪ Charge of CHF 70.00 for an invoice from CHF 21.00 to CHF 50.00;
▪ Charge of CHF 100.00 for an invoice from CHF 51.00 to CHF 100.00;
▪ Charge of CHF 120.00 for an invoice from CHF 101.00 to CHF 150.00;
▪ Charge of CHF 149.00 for an invoice from CHF 151.00 to CHF 250.00;
▪ Charge of CHF 195.00 for an invoice from CHF 251.00 to CHF 500.00;
▪ Charge of CHF 308.00 for an invoice from CHF 501.00 to CHF 1’500.00;
▪ Charge of CHF 448.00 for an invoice from CHF 1’501.00 to CHF 3’000.00;
▪ Charge of CHF 960.00 for an invoice above CHF 3’000.00.
In all cases, SWISSBILLING reserves the right to invoice, additionally, late payment interest of 8% per year, any additional damages, and legal expenses (for debt recovery or other).
We reserve the right not to offer certain payment methods and to refer to other available payment methods. In this case, we are not required to specify the reasons for our decision.
We use Secure Socket Layer (SSL) encryption and other certified encryption technologies and systems to ensure the security of users' personal data.
Delivery
La Poste has been chosen to deliver products ordered in Switzerland to your home. Delivery is limited to Switzerland and no cross-border delivery is permitted.
In general, confirmed orders are delivered to the address specified in the order confirmation. If you are absent at the time of delivery, the order will be left in your mailbox (parcel compartment), if possible. If this is not possible, you will receive a notice to pick it up at the post office. If your package is not picked up at the post office in the allotted time, the price of the order remains due and will not be reimbursed. We are free to dispose of Products that have not been picked up at the post office and that have been returned to us, and to sell them to a third party without authorization. However, you have the option to request redelivery of Products of the same type in the same quantities, as long as there is available inventory, and you prepay the return costs and the costs to redeliver the item.
We may change the values specified above at any time.
Delivery schedules and times
Orders are generally delivered within one business day after the order is placed, if the order is placed Monday to Thursday. Orders placed on Friday morning will normally be delivered on Monday. Orders placed on Saturday or Sunday will normally be delivered on Tuesday. Delivery schedules and delivery times are not guaranteed and may vary. You will not be compensated for delivery delays. You may not choose a specific delivery time or demand delivery on a specific day.
There are no deliveries on Sundays or national and cantonal holidays.
Delivery charges
Shipping is free for purchases over CHF 40.- (below CHF 40.- a shipping fee of CHF 7.- is applied). For Platinum members shipping is always free.
We may amend the delivery charges specified above at any time.
Disclaimer of liability
We will not assume liability for any loss and/or damage and we will not be responsible for any costs related thereto. This exclusion of liability applies in particular if the order cannot be delivered or if delivery is delayed, if www.iqos.com does not function or functions poorly, if the information on www.iqos.com is inaccurate or incomplete, if the delivery address is incorrect, in case of viruses or other technical problems, in case of theft or other incidents related to delivery of the Products.
Order Return
You may return your order from the date you placed your order until 30 days after receipt of the items only if the Products are in their original packaging. We will not accept returns of HEETS or TEREA packs unless they are intact, and their plastic wrapping is unopened.
If you have already paid for your items, your reimbursement will not include delivery charges. You are responsible for all costs to send back items that you return to us. If you choose to keep some items and only partially cancel your order, delivery charges will not be reimbursed.
If you wish to return your order, please contact our toll-free customer service number 0800 050 000, which will explain how to do so. You may also notify us by e-mail at the following address: [email protected]. We will attempt to reimburse you using the same payment method that you used to pay for the items (or, if you have not yet paid for the items, to show this item return in your account balance) as soon as possible and no later than 14 days after we receive your cancellation notice, provided that we have received the returned items or proof that you have returned them within no more than 30 days after you receive the order. Another payment method may be used to reimburse you if you give us your consent. In any case, you will not incur additional charges.
We guarantee reimbursement for any item returned in accordance with this "Order Return" clause, provided that all items are returned in the same condition in which you received them. This means that Products must be in their original packaging and must not have been used or damaged.
If the item that you received is defective, please inform us as soon as possible and return the item in accordance with the "Warranty for defects" clause below.
Warranty for defects
You must check the Products received upon delivery. If the Products that you purchased are defective, we comply with applicable legal warranty regulation. We agree to replace any defective Product free of charge, excluding, however, any other remedy and/or legal recourse. If you wish to file a complaint about defective Products that we have delivered, including damage incurred during shipment, please let us know immediately by contacting our toll-free customer service number 0800 050 000 or the following e-mail address: [email protected]
Theft and use of the Products
As soon as the Products are delivered to you or left in your mailbox (parcel compartment), we will not be liable for their theft or improper use. It is your responsibility to ensure that the Products are not stolen or used by minors under the age of 18.
Jurisdiction and Governing Law
Swiss law governs these Terms and Conditions and your use of the Touchpoint. You irrevocably acknowledge the exclusive jurisdiction of the courts of the Canton of Vaud for any proceedings to enforce these Terms and Conditions. The Touchpoint has been designed to comply with the laws of the jurisdiction.
Our other rights under these Terms and Conditions
We may transfer our rights and obligations under these Terms and Conditions to a third party, but this will in no way affect your rights under these Terms and Conditions.
If we fail to insist that you perform your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay in doing so, that in no way means that we waive our rights to enforce any such breach against you or that you are no longer required to comply with those obligations. If we decide to waive our right to enforce a default or breach of these Terms and Conditions, we will do so only in writing.
Each of the clauses of these Terms and Conditions is valid separately. This means that if any court or competent authority decides that any of the clauses are unlawful, illegal, or unenforceable, the remaining clauses will remain in full force and effect. The French version of these Terms and Conditions of Use for Digital Touchpoints is authoritative.
These Terms and Conditions are not intended to give rights to anyone other than you and us.
Contact us
Please contact us:
- if you think that the Touchpoint infringes on your copyrights or contains content that you think is illegal or offensive or infringes on your rights or others' rights, or
- for any question that you may have about these Terms and Conditions or the Touchpoint.
Contact us
IQOS Customer Service.
Telephone: 0800 050 000 (toll-free call)
E-mail: [email protected]
COOKIE NOTICE
Effective Date: 8 October 2017
Cookie Notice
This Cookie Notice sets out how we, Philip Morris Sàrl, as owner of this digital platform, use cookies and similar tracking technologies on our digital platforms to collect certain user information automatically. It explains how you can accept or refuse the cookies we serve and how you can find more information about cookies.
What are cookies?
Cookies are small text files that are stored on your computer when you visit a digital platform. Cookies are widely used by digital platform owners in order to make them work, or to work more efficiently, as well as to provide reporting information.
Cookies used by digital platform owners are called "first-party cookies". Cookies used by other people are called "third-party cookies". Third-party cookies enable third-party features or functionality to be provided on or through the digital platform (like analytics, advertising and videos). The other entities that set these third-party cookies can recognize your computer both when it visits the digital platform in question and when it visits certain other digital platforms.
Why do you use cookies?
We use cookies to collect certain information about the visitors to our digital platform. This may include details of their computer's IP address, browser type, and screen resolution, as well as certain behavioral or preference information, such as their language preference, or which pages they visited and for how long.
This information enables us to understand how visitors use our digital platform and to provide them with enhanced digital platform functionality. However, it is collected in a way that does not enable us to determine the actual identity of visitors to our digital platforms, unless they choose to provide this information voluntarily.
What cookies do you use?
The types of cookies served through our digital platform and the purposes for them are described below:
Type of cookie | Purpose | What information is collected? | How can I opt out? |
---|---|---|---|
Required cookies | Required cookies enable you to navigate the digital platform and use its functionalities, such as accessing secure areas of the digital platform and using its services. | Information on your IP address and browser information | Because required cookies are essential to operate the digital platform and its services, there is no option to opt out of use of these cookies. |
Performance cookies | Used to improve digital platform functionality and performance. | Information about how you use our digital platform, including which pages you visit most often and if you receive error messages from certain pages. | To learn how to opt out of performance cookies using your browser settings click here. To learn how to manage privacy and storage settings for Flash cookies click here. |
Functionality cookies | Used to remember information you enter or choices you make (such as your username, language, or region) and provide enhanced, more personalized functionalities. We use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our digital platform to personalize your navigation. | Your IP address and preferences you indicate (e.g. language selection) | To learn how to opt out of functionality cookies using your browser settings click here. Note that opting out may impact the functionality you receive when using the digital platform. To learn how to manage privacy and storage settings for Flash cookies click here. |
Targeting or advertising cookies | We engage third parties to track and analyze usage and volume statistical information from individuals who visit the digital platform. | IP addresses and other information from web beacons (these can be on the digital platform, in e-mails, or on third-party digital platforms). | To learn more about these and other advertising networks and their opt-out instructions, click here and here. To learn how to manage privacy and storage settings for Flash cookies click here. |
How can I control cookies?
You have the right to decide whether to accept or refuse cookies.
You can set or change your web browser settings to accept or refuse cookies. As the ways in which you can do this vary from browser to browser, please visit your browser's help menu for further details. Please note that if you choose to refuse cookies, doing so may impair some of our digital platform functionality.
Where can I get more information?
If you have any questions or comments about our Cookie Notice, please write to us at [email protected]
The French version of this Cookie Notice is authoritative.
COMPANY INFORMATION
Philip Morris Sàrl, based in Lausanne, is responsible for sales and marketing activities in Switzerland. PM Sàrl is the number-one tobacco company in Switzerland, and our product portfolio includes five of the top 11 cigarette brands in the country.
Swiss Affiliate
Philip Morris Sàrl.
Avenue de Rhodanie 50
1007 Lausanne
Switzerland
Tel : +41 (58) 242 0000
Email: [email protected]
UID register : CHE – 105.901.856
VAT number : CHE – 116.276.488 TVA
LICENSE TO USE USER GENERATED CONTENT (UGC)
INTRODUCTION
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 (such as words, photos/videos, recordings) that You share to us (Your “UGC”). By sharing Your UGC, You agree to our using it as set out in this document, and to the other matters addressed in this document (the “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. 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 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
- Content featuring minors or particularly appealing to minors.
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
1. This permission to use Your UGC is an agreement between You and us.
2. You confirm that:
a. You are a current user of IQOS and at least 18 years old (if you do not appear in the UGC) or at least 25 years old (if you appear recognizably in the UGC);
b. The UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
c. Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
d. 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.
e. You have no existing affiliation with PMI or its affiliates, such as employment or engagement in providing services.
3. You keep all of Your rights to the UGC, but You hereby grant to PMI, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promotion 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 the use of it, from the date on which You grant PMI and its affiliates Your License.
4. You grant PMI and its affiliates the rights to reproduce, modify, translate, display and create 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.
5. 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 partner privacy notice available at https://www.pmiprivacy.com/en/business-partner, and that You have notified any other people included in the UGC of these terms.
6. In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or personality 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.
7. You agree that Your License is voluntary and You are free to enter into it with PMI.
8. You can opt-out of Your license agreement for future use of the UGC at any time by contacting [email protected] (email id) or by other means following instructions set in the terms of use of our channels, but even after such an opt-out, Your License will remain valid and enforceable with respect to any UGC that You have granted us through Your License and/or posted on our channels or accounts wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing Your opt-out request might take some time, but we will do our best to do it as soon as possible.
9. You can contact [email protected] (email id) for any queries or clarifications regarding Your License if you believe that your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed.
10. You can issue your license by posting #okiqosterms in response to our request from account @[insert the name] on Instagram or account @[insert the name] on Twitter, or by submitting, posting, sending us UGC on our social media channels, accounts, or Website(-s).
11. Your license will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.
Last updated: 11.07.22
IQOS SOCIAL MEDIA ACCOUNTS
Terms of use and your privacy on IQOS social media sites
You may have been redirected here from one of our IQOS social media sites (“social media sites”), for example from the Customer Care pages of one of our Social Media Accounts (e.g. Facebook, Twitter, etc.) (hereinafter referred to collectively as “Social Media Accounts”).
The Social Media Accounts are intended for adult smokers who want to continue enjoying tobacco products and adult IQOS users residing in Switzerland and by engaging with our Social Media Accounts You confirm You fulfil these criteria.
Who we are?
We are a member of the Philip Morris International (“PMI”) group of companies. We have identified ourselves to You, and given our contact details, in the website where this document (“Terms”) is published or on the respective Social Media Accounts accordingly.
How do you accept these Terms?
By using any of our Social Media Accounts, You agree to comply with these Terms. You also agree to comply with any other applicable platforms specific terms of use (e.g. Facebook’s Statement of Rights and Responsibilities, Twitter’s Terms of Use, etc.).
Good conversion practices and our duty to inform
Before we tell You what You shouldn’t do on our Social Media Accounts, here are some things You should know about IQOS:
PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.
- Smoking cigarettes causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.
- PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.
- We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not an alternative to quitting and are not designed as cessation aids.
- PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a much better choice than smoking.
- We support our adult smoke-free product users in their journey to full conversion through education and guidance.
- For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.
- Minors (those under 18 years of age) should not use tobacco or nicotine in any form.
- Pregnant women, diabetics and those with heart conditions should not use any tobacco or nicotine product.
Your contribution
We’ll regularly monitor the Social Media Accounts, responding to and passing on as many useful recommendations as we can. We are glad You are here and expect feedback and passionate conversations but let’s keep it clean and positive.
1. You are responsible for the content You post on Social Media Accounts and we reserve the right to remove any postings that contain:
- 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
- Confidential information or trade secrets
- Impersonate any person or organisation
2. We reserve the right to ban or block a user posting content as described above and for a pattern of inappropriate postings or as otherwise deemed necessary by us, or remove any posts on our Social Media Accounts, if we do not think that a post complies with these Terms or any other applicable platform specific terms of use. And we shall be under no obligation to notify You of any such decision.
3. Licence to use User Generated Content (“UGC”). We would like to re-use the content that You submit, post, send us in Direct Private Message (DM) on our Social Media Accounts.
a) For any UGC that You share with us, you represent and warrant that:
a. You are current user of IQOS and at least 18 years old (if You do not appear in the selected UGC) or at least 25 years old (if you appear recognisably in the selected UGC);
b. The UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
c. Your permission to use the UGC under this agreement (“Your Licence”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
d. Any people recognisably 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) You provide PMI with a copy of their written permission if PMI requests You to do so.
b) You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual licence 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 Licence.
c) You grant PMI and its affiliates the rights to reproduce, modify, 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.
d) 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 privacy notice available at https://pmiprivacy.com/en/consumer and that You have notified any other people included in the UGC of these terms.
e) If 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.
f) You agree that Your Licence is voluntary and You are free to enter into it with PMI.
g) You can opt-out from Your Licence agreement for future UGC at any time by contacting [email protected] (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your Licence will remain valid and enforceable with respect to any UGC You have granted us Your Licence and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out. Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible.
h) You can contact [email protected] (email id) for any queries or clarifications regarding Your Licence, if You believe Your copyright or intellectual property protected material has been used without authorisation or if Your privacy or personality rights have been infringed.
i) Your Licence will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Remember, posts from You or other people do not necessarily represent the views of PMI. We do not have responsibility for any content or links shared by You or other people. If You want to share this page or its content with Your own community, please, make sure the people who see Your posts are adult smokers or adult IQOS users.
LIABILITY AND DISCLAIMERS
Your use of our Social Media Accounts is at Your sole risk. Our social media sites are provided on an "as is" and "as available" basis. Where possible, we may restrict Your access to our Social Media Accounts or any feature or part of them at any time. We disclaim 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 our social media sites is no infringing; that access to the site will be uninterrupted or error-free; that our social media sites will be secure; or that information on our social media sites will be complete, accurate or timely.
If anyone brings a claim against us related to Your actions or contributions, You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
To the fullest extent permitted under applicable law, You understand and agree that we shall not 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 our social media sites. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, Your loss of profits, loss of data, unauthorised 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.
Your privacy
To find out more about how we process information about You, including what information we collect, the purposes for which we use it, with whom we share it and how we protect Your privacy, please refer to our consumer privacy notice at https://pmiprivacy.com/en/consumer
Changes to these Terms
We may amend these Terms from time to time without any notice. We encourage You to check these Terms each time You access and use our social media sites in order to stay up to date. If you then continue to use our social media sites, Your use will mean you accept the updated Terms. The date at the bottom of this page shows when these Terms were last updated.
Jurisdiction
The laws of Switzerland govern these Terms and Your use of our social media sites, and You irrevocably consent to the exclusive jurisdiction of the competent courts located in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Right to assign, no waivers, severability
PMI may assign its rights and duties under these Terms to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or our obligations under these Terms.
Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or PMI’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
Thanks for reading. Please enjoy our community!
Notes on revision:
Last modified on: 20/08/2020