Terms of Use

For digital touchpoints

Last updated: July 9, 2019

Introduction

You have been guided here in connection with your download or use of a digital touchpoint (the “touchpoint”) that is operated by a member of the Philip Morris International group of companies.

What is a “touchpoint”?

In these terms, we refer to any method by which you are in contact with us as a “touchpoint”. Some touchpoints are digital – for example, apps and websites.

Who are we?

We are a member of the Philip Morris International group of companies. We have identified ourselves to you, and given our contact details, in the touchpoint in connection with which you have been guided here.

How do you accept these terms?

If you use the touchpoint, you accept these terms of use (“Terms”). The first time you log on to the touchpoint, these terms are drawn to your attention. These are important provisions relating to your use of the touchpoint: you should read them before using the touchpoint as they are binding on you.

Limits of liability:

By using the touchpoint, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the touchpoint at your own risk; we do not assume any liability, or make any warranties (express or implied) with respect to it or your use of it.

Further terms:

If you wish to use certain sections of this touchpoint or take advantage of any promotions we offer to you through it that may be subject to other terms and notices. If this is the case, this will be brought to your attention and in some situations you may be required to read and confirm your acceptance of any such items before continuing.

Changes to these Terms:

We may amend these Terms from time to time. If we do, we will notify you of such changes the first time you log on to the touchpoint following such changes. If you then continue to use the touchpoint, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Use of the touchpoint

The touchpoint is intended to be used by adult tobacco users aged 18 and above (or, if higher, the minimum age required for the purchase of tobacco by the law of your country) who want to continue to enjoy tobacco products (“Intended User”), and who reside in the country where indicated in our contact details. If you do not meet these requirements, you must not use the touchpoint.

To set up an account for the touchpoint, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this will be smoking status, name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Notice (see the “Privacy and Cookies” section below for more information.)

Registration and your information

If you want to use the touchpoint, you’ll have to create an account. You should do this via the touchpoint. It’s important for you to provide us with accurate, complete and up-to-date information for your account. You agree to keep it accurate, complete and up-to-date. You agree that you won’t disclose your account password to anyone. You’re responsible for all activities that occur under your account, whether or not you know about them.

You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the touchpoint. Should you attempt to do so, assist others to do so, or distribute instructions, software or tools for that purpose, we will close your account. If anyone other than you uses your account, we may suspend or terminate your account (see the section entitled “Modification and suspension of the touchpoint” below). You must promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security of which you become aware that involves your account or the touchpoint.

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 the content at any time. Although we make reasonable efforts to update the information on the touchpoint, note that any content on it may be out of date at any given time, and we are under no obligation to update it.

We may also interrupt 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.

Use of the touchpoint and Materials

The touchpoint and all its contents (including messages posted on the forum, software, files, graphics, data, images and other material) (“Material”) are the exclusive property of us, our affiliates, or our licensors (or any combination of the foregoing), and are protected by law in your country as well as in other countries.

All intellectual property rights in the Material are reserved by us or our licensors. You may not 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, any part of the touchpoint or any Material.

The touchpoint and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.

Linking

The touchpoint may include links to third party websites. These links are provided for your convenience only. As we have no control over such websites, and we do not review them, please note that:

• we do not endorse them, we are not responsible for them, and we make no promise in relation to them: in particular we are not responsible for the terms on which such websites are made available or their privacy practices, their availability, their 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 may not frame, link or deep-link to the touchpoint to any website.

Privacy and Cookies

To the extent that in the touchpoint we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what 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.

This App also uses cookies and similar technologies to collect certain visitor 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.

You should review our Privacy Notice and Cookie Notice before using the touchpoint and, like these Terms, we may change them at any time.

Posting materials

These paragraphs apply if the touchpoint allows you to post materials on it

You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you post on the touchpoint (“Materials”) are your original work in which you own the related intellectual property rights. You also warrant that the Materials do not and will not infringe any third party’s intellectual property rights.

By posting the Materials on the touchpoint you: (a) assign to us all rights to, and intellectual property rights in, the Materials; (b) relinquish, to the fullest extent permitted by law, all rights to such Materials and waive any moral rights in them (including the right to be named as the author of such Materials); and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.

Your use of forums or blogs

These paragraphs apply if the touchpoint includes a forum or blog (“forum”) that allows interaction between you and other users

If the touchpoint includes a forum or blog (“forum”) that allows interaction between you and other users, you note that we reserve the right (which we may exercise at our sole discretion and without notice) to delete, remove, move or edit messages you have posted. We also reserve the right, at our sole discretion, to terminate your use of the touchpoint and forum. You hereby waive any rights including any rights you may have in regard to messages you have posted on the forum.

The comments made on the forum must focus on aspects unrelated to smoking and health. Smoking is dangerous and addictive. More information about this is available at: https://www.pmi.com/. Any comments made about smoking and health will be removed from the touchpoint.

You are solely responsible for any information, data, personal views or beliefs, or any material that you submit for display on the touchpoint, including their accuracy, legality, reliability and appropriateness. In posting messages on the forum or submitting content to the touchpoint, you must not:

• publish, or link to, any messages containing any form of advertising or promotion for products or services, chain messages, or “spam”;
• publish, or link to, any messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any traded security;
• publish, or link to, any messages that are unlawful, threatening, discriminatory, abusive, libelous, indecent, infringe copyright or other rights of third parties, or which contain any form of illegal content;
• disguise the origin of any message;
• impersonate any person or entity (including forum users or hosts) or misrepresent any affiliation with any person or entity;
• post or otherwise publish any messages unrelated to the forum;
• post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the touchpoint or any computer software or equipment;
• collect or store other users' personal data; or
• restrict or inhibit any other user from using the forum.

We may contribute material to the forum in order to stimulate discussions and make it run smoothly.

The forum may also contain messages from special guests we invite. The opinions of such guests are personal and do not necessarily represent our views. Additionally, messages will be submitted by other registered users of the touchpoint over whom we have no control. It is possible that some users will breach the above-listed rules, but we have no responsibility in that regard. We also cannot guarantee the accuracy, integrity, or quality of the messages posted on the forum and we cannot be held liable for their content.

You bear all risk associated with your use of the forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

Disclaimer

Although we do our best to provide an informative touchpoint that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the touchpoint is made available to you on an “as is” basis. Also:

• it is your responsibility – not ours – to ensure that the touchpoint is suitable for your intended purposes when you use it;
• we accept no liability to you in respect of the touchpoint (subject to the paragraph on “Limit of Liability” below); and
• we accept no liability as to the suitability or fitness of the touchpoint in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
• that the touchpoint, or any content contained in or delivered via the touchpoint or otherwise made available in connection with the touchpoint, is 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, or the computer systems from which the touchpoint is made available, are free of viruses or other harmful components.

Limit of Liability

We do not exclude or limit liability that cannot be excluded or limited by law, liability for death or personal injury caused by our negligence, or liability arising out of our fraudulent misrepresentation or gross negligence.

We will not be liable to you for any loss or damage arising out of your use of the touchpoint in breach of these terms, or caused by technologically harmful material or actions (such a virus or a distributed denial-of-service attack) that may affect your computer equipment, computer programs, data or other material in connection with your use of our touchpoint or on any website linked to it.

You acknowledge and agree that the operation of the touchpoint is dependent upon the proper and effective functioning of the internet and other third party equipment and services (including your own device or web browser), and that we do not guarantee, and will not be liable for, these in any way.

We will not be liable for any special, indirect, punitive or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.

If you cause a technical disruption of the touchpoint or the systems transmitting the touchpoint to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Jurisdiction and Governing Law

The laws of the jurisdiction indicated of the location we have given in the contact details of the touchpoint (the “Jurisdiction”) govern these Terms and your use of the touchpoint. You irrevocably consent to the exclusive jurisdiction of the courts located in the Jurisdiction (and, insofar as the parties may validly agree, the courts in the town closest to our registered office), for any action to enforce these Terms. The touchpoint has been designed to comply with the laws of the Jurisdiction.

Other important rights that we have under these Terms

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our right to enforce any such failure against you, or that you do not have to comply with those obligations. If we do decide to waive our right to enforce a default or breach of these Terms by you, we will do so only in writing.

Each of the paragraphs of these Terms operates separately. This means that if any court or relevant authority decides that any of them are unlawful, illegal, or unenforceable, the remaining paragraphs will remain in full force and effect.

These Terms are not intended to give rights to anyone except you and us.

How to Contact Us

Please contact us at contact.lb@iqos.com if:

• you believe that the touchpoint infringes your intellectual property rights, or that it contains content that is illegal, offensive, or infringes your or a third party's rights; or
• For any questions you may have about these Terms or the touchpoint.

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. We will use information about you only in accordance with applicable data protection laws. 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.

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 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 “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 PMI touchpoint (e.g. an app or a website);
• contact us through a PMI 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 PMI 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 that were 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
• if you have downloaded one of our apps, we may ask to use your location (even when the app is closed or not in use) for certain features. For example, the “find my IQOS” feature helps you find your device if lost, and it won’t work properly if you don’t share your location. We don’t keep the location data. It will be used only to allow these features and only if you agree to share this data by agreeing to the respective in-app disclosures.

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 PMI touchpoint, you provide your name, contact, billing details, and the products you have chosen in order for us to fulfil your order; you may also provide information on your product preferences and interests in order for us to offer your 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, or where law requires it, 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, or where law requires it, 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 Products S.A. (based in Neuchâtel, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris Products S.A. 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 availablehere.

Country-specific additional points

According to which country you are in, we want you to be aware of some further points.

If you are in Japan, find out more…

If you are in Japan, note that we share information about you, for the purposes described in this notice, with other PMI affiliates on the basis of “joint use” under Japanese data protection laws. When we do this, Philip Morris Japan Limited (PMJ) continues to manage your personal information responsibly, and we require those with whom we share the data to do the same. Further, if they are located outside Japan, we take reasonable measures in accordance with the relevant laws and regulations.

Sharing data with Third Parties

• To the extent permitted by applicable law, 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).
• To the extent permitted by applicable law, 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.

Country-specific additional points

According to which country you are in, we want you to be aware of some further points.

If you are in Japan, find out more…

If you are in Japan, note that we share information about you, for the purposes described in this notice, with Sojitz Promotion K.K. (“Sojitz P”) on the basis of “joint use” under Japanese data protection laws. When we do this, Philip Morris Japan Limited (PMJ) continues to manage your personal information responsibly, and we require Sojitz P to do the same.

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 (for example, if you are in the European Economic Area (“EEA”), your information may be transferred outside the EEA; if you are in Australia, you information may be transferred outside Australia).

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 EEA may transfer personal information to PMI affiliates outside the EEA. In all such 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.

Our service providers are located in many countries throughout the world, including in particular the EEA, Switzerland, the USA, Canada, India, the Philippines, Indonesia, and Australia.

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, 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 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:
• • 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
  • 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:
  • you have provided data to us; and
  • 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, we want you to be aware of some further points.

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:

• 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
• 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, your successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:

• 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
• 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 contact us via e-mail at contact.lb@iqos.com <or reach our customer care center at 1245. 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. Where the law requires it, we will notify you of the changes; further, where the law requires it, we will also obtain your consent to the changes.

Company Information

Philip Morris Management Services (Middle East) Limited is responsible for marketing activities.

Philip Morris Management Services (Middle East) Limited

Sin El Fil, Daoud Amoun Street

Qubic Square Centre, 10th Floor

P.O Box 90-1699, Beirut, Lebanon

License Agreement for User Generated Content

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 (“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 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 IQOS, 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, 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 opt-out from Your License agreement for future UGC at any time by contacting ugc-claims@pmi.com (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 License will remain valid and enforceable with respect to any UGC You have granted us Your License 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.
• You can contact ugc-claims@pmi.com (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_al on Instagram or account, 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.

© 2020 Philip Morris Products SA.