PMI CONSUMER PRIVACY NOTICE
We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Click on “find out more” in each section for further information.
Who are we?
We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.
Find out more…
- PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
- PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.
- PMI product: means a 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 touchpoint (e.g. an app or a website);
- contact us through a touchpoint, or by e-mail, social media or telephone;
- register a device with us;
- subscribe to a PMI panel portal;
- register to receive PMI press releases, e-mail alerts, or marketing communications;
- participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or
- attend an event that a PMI affiliate has organised.
We may collect information about you automatically. Typically this will happen when you:
- visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology);
- attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology);
- communicate with us (for example, through a touchpoint; or social media platforms);
- use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or
- make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products).
Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.
We may also collect information in other contexts made apparent to you at the time.
What information about you do we collect?
We may collect various types of information about you:
- information necessary to fulfil your orders
- information necessary to provide warranty services
- information you give us in forms or surveys
- information about your visits to our outlets and events
- information you give us in calls you make to call centres
- information about your preferences and interests
- information necessary to verify your age
find out more…
Information that we collect from you directly will be apparent from the context in which you provide it. For example:
- if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order;
- you may provide information on your product preferences and interests so that we can offer you products and services that will interest you;
- if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
- we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image.
Information that we collect automatically will generally concern:
- details of your visit or call (such as time and duration);
- in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
- your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and
- your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device).
Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.
For what purposes do we use information about you, and on what legal basis?
In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.
Subject to the above, we use information about you for the following purposes:
- To comply with regulatory obligations, such as verifying your age and status as a user of our products
- To sell our products to you, including fulfilling your orders, processing your payments
- To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services
- To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events
- For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products
- To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting
- For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers
- For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected
The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):
- compliance with a legal obligation to which we are subject;
- the performance of a contract to which you are a party;
- a legitimate business interest that is not overridden by interests you have to protect the information;
- where none of the above applies, your consent (which we will ask for before we process the information).
find out more…
The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:
Method of collection and legal basis for Processing
Comply with regulatory obligations
- verify your age and status as a user of our products
This information is generally provided to us by you directly.
We use it because it is necessary for us to comply with a legal obligation to sell products only to adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to sell our products only to adults that is not overridden by your interests, rights and freedoms to protect information about you.
Sell our products
- fulfil your orders (including sending receipts)
- process your payments
- provide warranty services
This information is generally provided to us by you directly (typically, name, address, e-mail address, payment information).
We use it to discharge our contractual obligations to you as a buyer of our products.
Provide sales-related services
- deal with your inquiries and requests
- correspond with you
- general administration and troubleshooting
- administer loyalty programs
This information is generally provided to us by you directly.
We use it because we have a legitimate business interest in providing sales-related services to our customers that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
- understand your preferences (such as what products or events may interest you or may be better tailored to your needs) and, where permitted by law, market to you personally
- administer loyalty programs
- invite you to participate in, and administer, surveys or market research campaigns
- for market research
- develop marketing strategies
- administer marketing campaigns
- customize your experience of PMI touchpoints (for example, to personalize your visit, such as with greetings or suggestions that might interest you)
This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); information that we collect automatically (for example, using technology to monitor use of PMI touchpoints) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market our products, to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.
Market our products (where permitted by law)
- provide you with information about, and to manage, PMI affiliates, their promotions, products and services, outlets, events and the regulation of our products; and to develop and improve tools to pursue these purposes
This will typically be a combination of information that you provide to us (for example, your name and contact details, your social media handles); information that we collect automatically (for example, using cookies and similar technologies) and (where permitted by law) information that we acquire from third parties (such as public social media posts).
We use it on the grounds that we have a legitimate business interest to market these things that is not overridden by your interests, rights and freedoms to protect information about you.
In certain countries, where required by law, we will send you these materials in electronic format only with your consent.
Support for all the above purposes
- administering your accounts
- enabling you to use PMI touchpoints (for example, allowing you to remain logged in to sections of a touchpoint that are reserved for authorized users only, administering your language preference, associating your shopping cart with you)
- corresponding with you
- managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service)
- enhancing your experiences
- administration and troubleshooting
This will typically be a combination of information that you provide to us (typically, name, password (or equivalent)) and information that we collect automatically (for example, information about your device, and cookies and similar tracking technologies).
We use it on the grounds that correspond to the purpose for using the information that we are supporting. For example, where we administer your account to support a purchase or to provide after-sales service, we use the information to discharge our contractual obligations to you as a buyer of our products; where we administer your account to show you our products, we are supporting marketing and so we use it on the grounds that we have a legitimate business interest to market our products that is not overridden by your interests, rights and freedoms to protect information about you, and so on.
Business analytics and improvements
- allowing us or our business partners to inform you of potential opportunities to get involved in promoting PMI products
- for business analytics and improvements (including for PMI products, outlets that sell PMI products, events, digital PMI touchpoints and the information that we (or our affiliates) provide to our customers)
This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties.
We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, outlets and events, and to invite others to get involved in promoting PMI products, that is not overridden by interests, rights and freedoms to protect information about you.
Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).
In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.
Who do we share your information with, and for what purposes?
We may share information about you with:
- PMI affiliates;
- third parties who provide PMI affiliates or you with products or services;
- PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
- other third parties, where required or permitted by law.
find out more…
Sharing data with other PMI affiliates
- Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice.
- Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice.
- Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you.
Details of PMI affiliates and the countries in which they are established are available pmi.com.
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:
Explanation/typical retention criteria
- marketing to you (including marketing communications) (if you use digital touchpoints and are contactable)
Most of the information in your marketing profile is kept for the duration of our marketing relationship with you; for example, while you continue to use digital touchpoints, or respond to our communications. However, some elements of your marketing profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 3 years) as appropriate for the purpose for which we collected them.
- marketing to you (including marketing communications) (if you are no longer in contact with us)
This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 2 years), we will stop sending you marketing communications and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, log on to a digital touchpoint, or contact customer care, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.
- marketing to you (including marketing communications) (if you are not contactable)
If you have registered to receive marketing communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.
- marketing to you (including marketing communications) (incomplete registrations)
- market research
If you are not registered with us for other purposes (e.g. marketing communications, warranty, customer care), and we use publicly available information about you in order to understand the market or your preferences, we will retain the information about you for a short period in order to perform the particular item of market research.
- purchases and warranty
If you purchase goods, we will retain details of this for so long as required to complete the sale, and to comply with any legal obligations (for example, for tax and accounting record-keeping purposes). If you also register for a warranty for a device, we will retain details of this for so long as relevant to the warranty.
- customer care
If you contact customer care, we will make a record of the matter (including details of your enquiry and our response) and retain it while it remains relevant to our relationship, for example if you need us to replace a device under warranty, or if your recent enquiries are relevant. Temporary records (for example, an automated recording of a telephone call in which you ask us to direct you to a retail outlet) may be relevant only until more permanent records are made, and will be retained only temporarily.
- system audit logs
System audit logs are retained typically for a period of only a few months.
- business analytics
Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.
What rights and options do you have?
You may have some or all of the following rights in respect of information about you that we hold:
- request us to give you access to it;
- request us to rectify it, update it, or erase it;
- request us to restrict our using it, in certain circumstances;
- object to our using it, in certain circumstances;
- withdraw your consent to our using it;
- data portability, in certain circumstances;
- opt out from our using it for direct marketing; and
- lodge a complaint with the supervisory authority in your country (if there is one).
We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.
Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.
find out more…
The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.
Right in respect of the information about you that we hold
Further detail (note: certain legal limits to all these rights apply)
- to request us to give you access to it
This is confirmation of:
- 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:
- 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
- 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, 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:
- 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, you 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 find contact details for the relevant PMI affiliate, and if applicable data protection officer, pmi.com. 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.
PL.IQOS.COM STORE AND WEBSITE TERMS AND CONDITIONS
CONSOLIDATED TEXT OF 07.10.2021
§ 1 GENERAL PROVISIONS
1. These Terms and Conditions define the general conditions for registration, activation and use of the Account, the rules of use of services provided by the Service Provider and the rights and obligations of the Customer and the Service Provider under an Electronic Services Contract.
2. These Terms and Conditions also define the conditions of sales in https://pl.iqos.com/pl online store.
The following terms used herein shall have the following meaning:
1) Price – gross renumeration expressed in PLN (including applicable taxes) payable to the Seller for the provision of services or for the supply of Goods to the Purchaser in accordance with the Sales Contract;
2) Price of Goods - price of the Goods, increased by potential shipping costs;
3) Password – a series of alphanumerical characters specified by the Customer upon the creation of the Account, necessary to authorize the User to log into the Account;
4) Customer Service Center - the channel for informing and servicing Customers and Purchasers made available by the Service Provider/Seller; the Customer/Purchaser may contact the Customer Service Center by phone at: + 48 801801501 or 22 4551404, by sending an e-mail to the following address: [email protected], using the Messenger application available at: https://www.facebook.com/iqospl or via LiveChat at https://pl.iqos.com/pl. The toll paid by the Customer/Purchaser for a telephone call to the Customer Service Center is based on the price list of the service provider used by the Customer/Purchaser;
5) Customer – an adult natural person with full legal capacity who, acting outside their business or profession, concludes a Service Contract with the Service Provider. The Customer shall be verified in the Service according to the procedure laid down herein.
6) Account – a collection of information about a given Customer, which is gathered by the ICT system of the Service Provider, where such system is used by the Customer in order to access the Store and the Services;
7) Purchaser – an adult natural person with full legal capacity who, acting exclusively outside their business or profession, concludes Sales Contract with the Seller.
8) Login – the Customer’s e-mail address used upon the first registration and used each time they access their Account;
9) Seller's / Service Provider's Representative - a Seller's / Service Provider's Representative from whom it is possible to purchase Goods outside business premises;
10) Terms and Conditions - these Terms and Conditions, meeting the terms and conditions requirements stipulated`by the Article 8 of the Act of 18 July, 2002 on Providing Services by Electronic Means. These Terms and Conditions define the general conditions for using the Website, and additionaly, they define the conditions for remote sales of Goods and the conditions for post-sales services, as well as rights and obligations of the Purchaser and the Seller under the Sales Contract. The details specifying the principles of concluding Sales Contracts of Goods offered to Customers by the Seller through the Store are included in paragraph 7 of the Terms and Conditions;
11) Web Service – a platform accessible from https://pl.iqos.com; that provides access to the Account and the Store as well as non-public information intended exclusively for adult registered Customers who are consumers within the meaning of Article 22(1) of the Civil Code who have agreed to receive such information, and constituting a group of websites;
12) Store - a platform for sale of Goods and provision of services offered by the Seller to the Purchasers, enabling the purchase of Goods and to perform acts related to the conclusion of a Sales Contract with the Seller, as specified in the Terms and Conditions, run by the Seller at the address https://pl.iqos.com;
13) Seller / Service Provider – Phil p Morris Polska Distribution Sp. z o.o. with a registered office in Krakow at: Al. Jana Pawła II 196, 31-982 Kraków, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście, 11th Economic Division of the National Court Register under KRS no.: 289223, NIP no.: 675-137-33-54 with a share capital of PLN 10,000,000.00, telephone number: +48 80122455 or 22 4551404, e-mail address: [email protected];
14) Goods - movable item offered by the Seller through the Store (the term also includes accessories and components supplied to the Purchaser)
15) Contents – any text, graphic or multimedia elements (e.g. information about the Goods, photos, films, descriptions, and comments), including works within the meaning of the Copyright and Related Rights Act and representations of natural persons, which can be published and disseminated by the Service Provider and their contractors, respectively or by the Customer or other person using the Web Service.
16) Service Contract – a contract concluded by and between the Service Provider and the Customer which lays down the rules for registering, activating and using the Account as well as for providing and using the services offered by the Service Provider to the Customer. Its content is consolidated in particular in the Terms which determine the rights and obligations of the Customer and the Service Provider;
17) Sales Contract – a distance sales contract within the meaning of the Civil Code, entered into by and between the Purchaser and Seller via the online Store;
18) Order – a form made available by the Store, specifying the Goods and the Purchaser’s information necessary for the conclusion and performance of the Sales Contract.
§ 3 USE OF THE WEB SERVICE
1. In order for the Customer to use the web service, their terminal equipment and ICT system must meet the following minimum technical requirements:
a. latest version of IE, Edge, Chrome, FF, Opera, or Safari Internet browser;
b. enabled cookies;
c. recommended resolution: 320px, 480px, 768px, 992px, 1200px;
d. receiving e-mails requires possession of a computer, telephone, or other device with Internet access that allows to receive e-mails.
2. The Web Service is run and made available solely to adult users of nicotine-containing products who reside in the Republic of Poland within the meaning of the relevant provisions of Civil Law, through a website owned by the Service Provider, and who own a mobile phone registered in the Republic of Poland (i.e. whose number begins with the prefix "0048").
3. The approval of these Terms and Conditions is voluntary, but necessary in order to use the Web Service and its functions.
4. The Customer may at any time modify and correct the data entered during the creation of the Account by using the options available in the Customer Account or the Customer Service Center, except the data which remains unchanged such as a date of birth and country of residence. The change of name or surname is possible only through the Customer Service Center.
5. The Service Provider informs that while using the Web Service, short text information called "cookies" is saved in the Customer's ICT system (on computer, phone or other device used to connect to the Web Service), which enables subsequent identification of the Customer in case of repeated connection with the Web Service. Installing these "cookies" files is essential for the proper performance of the Service Contract. “Cookies” contain information necessary for the Store / Service to function properly. "Cookies" collect data concerning the use of the Web Service by the Customer and their main purpose is to make it easier for the Customer to use the Web Service, to adjust the Web Service pages to the Customer's needs and expectations, and to study traffic within the Web Service. "Cookies" are used within the Web Service upon the Customer's consent. The consent may be expressed by the Customer through the settings of the software installed in the telecommunications terminal equipment used by the Customer or by the configuration of the service, in particular of the Internet browser. The Customer may restrict or disable cookies in their browser at any time. In such a case, it may happen that the use of the Website will be less efficient, the Customer will not have access to some content and in extreme cases, the proper display of the Web Service pages may be completely blocked.
6. Pursuant to the Act of November 9, 1995 on Protection of Health Against the Consequences of Consumption of Tobacco and Tobacco Products., it is prohibited to carry out any advertising and promotional activities not complying with the generally applicable law, particularly related to smokers’ requisites and tobacco products, while using the Web Service/Store. The Web Service/Store is a platform for the distance sale of smokers’ requisites and accessories thereto, and no tobacco products shall be sold via the Web Service/Store.
7. The Customer is obliged to keep their Password strictly confidential (not to share the Password with any third parties). The Customer may be given the possibility to the so-called recovery of a forgotten Password in a way specified within the Web Service.
8. The data provided by the Customers within the scope of using the Web Service are cryptographically secured with SSL protocol. Any events affecting the security of information transmission should be reported to the Service Provider at the following address [email protected].It is recommended to use current anti-virus software on the device through which the Customer connects to the Web Service.
§ 4 CONCLUDING A SERVICE CONTRACT
1. The Service Provider shall provide, in particular, the following services to the Customers free of charge:
a. enabling Customers to create a Customer Account and use specific functionalities of the Web Service;
b. sending Service Provider information (i.e. information concerning products and services) to interested Customers via communication channels selected by them.
2. In addition, the Service Provider renders free of charge, in particular, the following services for the Customers who created a Customer Account:
a. maintaining the Customer’s sessions after they logged into the Customer Account;
b. providing access to the Store and enabling the placement of orders;
c. exclusively for registered Customers who have given the appropriate consent, the possibility of receiving communications containing commercial information, including the possibility of participation in non-public consumer programs organized by the Service Provider within the Website, in a manner consistent with the law, including in particular the Act of November 9, 1995 on Health Protection against the Effects of Using Tobacco and Tobacco Products.
3. The Service Provider shall undertake to render services specified in sections 1 and 2 above within the limits and in accordance with terms and conditions laid down herein. Using the services specified in par. 1 and 2 above by the Customer shall not result in the obligation of the Customer to make payment of the remuneration to the benefit of the Service Provider.
4. In order for the Customer to use the services specified in par. 1 and 2 above, their terminal equipment or ICT system must meet the minimum technical requirements laid down herein.
5. The process of concluding the Service Contract is also referred to as the Web Service registration process.
6. In order to register with the Web Service, a person who is a user of nicotine-containing products, who is at least 18 years old, who resides in the territory of the Republic of Poland and who owns a mobile phone registered within the territory of the Republic of Poland (i.e. with a number starting with the prefix "0048"), should complete an electronic application form available in the Web Service. The age verification shall be carried out by a person indicated by the Service Provider, on the basis of an ID with a photograph (ID card, driver’s license, passport, new student card secured by a chip).
7. The Service Provider or a person indicated by the Service Provider carries out a verification in accordance with sec. 6 above. Until it is confirmed that the person is at least 18 years old, the Account of the Customer is unverified, which means the Customer is unable to collect the package with the ordered Goods.
8. If the Customer’s legal age is not confirmed within 60 days from the date of submitting the form of the Service Provider via the Web Service, the Service Provider shall be entitled to terminate the Service Contract in accordance with the provisions hereof.
9. The Service Contract shall be concluded after the Customer successfully completes and accepts (sends to the Service Provider) a full registration form for the creation of the Customer Account. Conclusion of the Service Contract requires acceptance of the Terms by the Customer. The Customer may have one Account in the Web Service.
10. Essential provisions of the Service Contract shall be recorded, secured, disclosed, and confirmed to the Customer via email sent to the email address provided by the Customer in the registration form.
11. It shall be allowed by the Service Provider to register with the Consumer Database and create the Account in the Web Service by contacting a representative of the Service Provider in person.
12. The Service Contract shall be concluded in Polish for an indefinite period of time.
13. In order to ensure proper performance of the Service Contract, the Customer, in particular, shall be obliged to:
a. immediately update any data, including personal data, they provided the Service Provider with for the purpose of concluding the Service Contract;
b. use the services offered by the Service Provider in a manner consistent with applicable laws, the provisions hereof as well as commonly adopted applicable practices and principles of community life, including in a manner that is neither intrusive for other Customers and the Service Provider nor disruptive to operations of the Service Provider.
14. The Customer shall also be obliged:
a. not provide, nor transfer any Contents prohibited by the provisions of applicable law;
b. refrain from the following:
- publishing any Content whatsoever that violates the law (prohibition of posting illegal content);
- engaging in any IT or other activities the aim of which is to acquire information that is not intended for the Customer, including data of other Customers;
- unauthorized modifications of the Contents provided by the Service Provider;
- attempting to create another Account;
- abusing the rights granted to the Customer by the Service Provider or the law, or using the rights granted to the Customer in a manner that contravens the socio-economic purpose of a given right or the rules of social coexistence.
15. Any breach of the obligations specified in sec. 13 or 14 above shall be interpreted as a gross violation of these Terms and Conditions.
§ 5 TERMINATING THE SERVICE CONTRACT
1. The Customer may terminate the Service Contract with immediate effect at any time by contacting the Customer Service Center at + 48 801801501 or 22 4551404, [email protected], using the Messenger application available at the address: https://www.facebook.com/iqospl or via LiveChat at pl.iqos.com.
2. Should there be any outstanding orders in the Customer Account at the time the Customer requests the termination of the Service Contract, in order to duly perform the Sales Contract, the termination thereof shall be possible immediately after the order has been completed or cancelled by the Customer.
3. The Service Provider may at any time terminate the Service Contract with the Customer with immediate effect for important reasons, understood exclusively as (exhaustive list) gross violation by the Customer of the provisions of the Terms and Conditions or permanent cessation of electronic services by the Service Provider motivated by objective reasons. The Service Provider shall send a relevant statement to the e-mail address provided by the Customer upon the creation of the Customer Account.
§ 6 COMPLAINTS ABOUT THE SERVICES
1. The Customer shall be entitled at any time to submit complaints about the services rendered by the Service Provider.
2. The Customer may submit to the Service Provider a complaint regarding the services provided by the Service Provider by contacting the Customer Service Center. In order to expedite the consideration of the complaint Service Provider recommends to provide in the complaint a brief description of the reasons justifying the complaint and contact details of the Customer submitting the complaint.
3. The complaint will be reviewed by the Service Provider within 30 days from the time of its submission.
§ 7 SALES AT PL.IQOS.COM STORE
7.1 CONCLUSION AND PERFORMANCE OF THE SALES CONTRACT
1. Subject to the provisions of the Terms and Conditions, information provided at the Store shall constitute an offer to conclude a Sales Contract within the meaning of Article 66 § 1 of the Civil Code, addressed by the Seller to the Purchasers, in order to conclude the Sales Contract, the Purchaser must have an access to an Account in the Web Service.
2. Purchasers may place orders at the Store 24 hours a day, 7 days a week. Goods can be ordered only by the Purchaser who has or will create the Account at the Store, subject to the provisions of § 4.7 hereof.
3. The Seller shall enable the Purchaser to place an Order in accordance with the following procedure (technical actions which constitute the procedure for the conclusion of the Sales Contract through the Store):
a. The Purchaser adds the selected Good(s) to the shopping cart (whereby the Purchaser may not select more than 9 pieces of Goods of one type, and in the case of tobacco heating devices - no more than 3 pieces of such devices regardless of whether he/she selects the same or different tobacco heating devices), after which he/she proceeds to the Order form;
b. The Purchaser shall choose the method for paying the Price and other aggregated costs specified in the Order form and related to the performance of the Sales Contract;
c. The Purchaser shall confirm the data necessary to place the Order and perform the Sales Contract;
d. Until the moment of activating by the Purchaser the functionality marked with the message "Buy now", the Purchaser shall be able to correct the Order themselves, in particular edit it, including the possibility of adding or removing Goods, subject to the permitted number of Goods specified under letter a. above;
e. The Order shall be placed with the Seller by the Purchaser by enabling the “Buy now” function of the Store meaning that the Order placed by the Purchaser entails the obligation pay the Price. Placing the Order shall be interpreted as making a declaration of intent which expresses direct intention (offer) to conclude a distance Sales Contract via the Store;
f. The Sales Contract shall be deemed concluded upon the receipt of an e-mail by the Purchaser and it shall include an order confirmation (the Seller’s declaration of intent to conclude a Sales Contract with the Purchaser).
4. The Sales Contract shall be concluded by means of distance communication i.e. the Internet.
5. The contents of the Sales Contract shall be recorded, secured, shared with, and confirmed to the Purchaser by sending an e-mail to the Purchaser constituting a confirmation of concluding a distance contract within the meaning of Article 21.1 of the Consumer Rights Act.
6. The Purchaser may not cancel an Order placed after activation of the Store functionality marked "Buy now".
7. The Seller shall be entitled to cancel the Order at any time if the Order has been placed in breach of the Terms or legal provisions in force. This shall not affect the Service Provider’s right to terminate the Service Contract under § 4.15 hereof provided that the conditions laid down therein are fulfilled.
1. The Seller shall reserve the right to update the Prices of Goods published on the Store’s website. For Orders placed prior to such updates, the pre-update Prices of Goods shall be binding.
2. Prices of Goods in the Store:
a. include all duties and taxes due;
b. exclude the cost of delivery (delivering Goods to the Purchaser) which are specified separately;
3. The price of the Goods on the bill of sale shall not include the cost of delivery.
4. The cost of delivery shall be specified when selecting the delivery method.
7.3 THE RULES FOR MAKING AND REIMBURSING PAYMENTS
1. Payments can be made:
a. with the use of an electronic payment system approved by the Seller and presented at the Store at the time
b. on delivery (cash on delivery).
2. Payment methods accepted by the Seller are indicated on the Store’s website.
3. Failure to make a payment shall be a condition subsequent of the Sales Contract.
4. It is not possible to combine different payment methods listed in sec 1 when making payment for the same Order.
5. If the Purchaser made a payment by a credit card or an online transfer with the use of the electronic payment system, reimbursement (e.g. in the event withdrawing from the Sales Contract) shall be made onto the credit card or to the bank account specified by the Purchaser. Should the Purchaser make payment upon collection of the Order (cash on delivery), the Seller shall ask them for their bank account number in order to reimburse the payment, provided the Purchaser agrees to this type of payment reimbursement pursuant to sec. 7 below.
6. If the payment is reimbursed by the Seller for reasons other than the Purchaser withdrawing from the Sales Contract, the Seller shall undertake to immediately reimburse the payment no later than within the further 30-days’ period.
7. The Purchaser can also agree for the payment to be reimbursed with the use of other means of payment than those used for the purpose of the original transaction, which shall not result in the incurrence of any costs by them. Seller shall not return funds in cash or by means of postal orders.
7.4. GOODS DELIVERY
1. Goods ordered from the Store shall be shipped exclusively within the Republic of Poland.
2. The parcel with the ordered Goods shall be delivered via courier services to the address specified by the Purchaser in the Order form. While delivering the parcel, the courier shall verify the age and identity of the Purchaser in accordance with § 4 sec.6 hereof. If it is not possible to verify the age or identity or the verification has negative result, the parcel containing the ordered Goods shall not be delivered to the Purchaser, and the Seller shall be entitled to cancel the Order in accordance with the provisions of the Terms and Conditions.
3. Delivery with courier services cannot be made to a PO Box address.
4. Change of the delivery address after placing the Order may be made by the Purchaser themselves by submitting the form via link provided in the order confirmation e-mail to the courier services/carrier.
5. The total time of delivery (delivery time) of given Goods shall consist of the Order lead time (preparing Goods for dispatch) by the Seller and the time of delivery of the Goods by the carrier. The Order completion period by the Seller shall commence when the Seller confirms accepting the Order, and shall end upon handing over the package with the Goods to the courier by the Seller, and shall be from 1 to 3 working days (whereas workings days shall be every workday from Monday to Friday, excluding off works days), not later than 10 working days. The Seller shall inform the Purchaser about impossibility of execution of the Order or delivery of the Goods within the foregoing time-limit.
6. Unless otherwise stipulated in the terms and conditions of the Promotion, the costs of Goods’ delivery shall be covered by the Purchaser. The Seller reserves the right to update the costs of delivery published on the Store’s website. For Orders placed prior to such updates, the pre-update costs of delivery shall be binding for the Customer.
7. Information on the costs of delivery shall be specified in the ORDER SUMMARY tab and in the Order itself.
8. The condition of the package with Goods shall be assessed by the Purchaser in the presence of the courier, and a relevant damage report shall be drawn up in case the package has been damaged or the packaging tampered with - drawing up of the report may facilitate and expedite the process of handling potential claims.
9. Two unsuccessful attempts to deliver the package with the Goods by the courier shall result in its return to the Seller and shall be considered as the Purchaser’s delay in collection of the package. The Seller has the right to cancel the Order and withdraw from the Sales Contract and - provided that the Purchaser has paid the Price - return it to the Purchaser under the rules laid down in point 7.3. sec. 5 hereof.
7.5. WITHDRAWAL FROM THE CONTRACT
1. The Purchaser shall be entitled to withdraw from the Sales Contract within 30 days without stating any reasons or incurring any costs other than those specified by law.
2. The Purchaser may withdraw from the Sales Contract by providing the Seller with the relevant statement thereon. Such statement can be provided, in particular, using the contract withdrawal form specimen which constitutes Appendix 1 hereto (or another form compliant with the statutory form specimen referred to in Article 30 sec.1 of the Consumer Rights Act). This shall not limit the rights of the Purchaser to submit any other unambiguous statement notifying of their decision to withdraw from the Contract.
3. Withdrawal statements submitted by the Purchaser via email shall be sent to the following e-mail address: [email protected]. .Withdrawal statements submitted by the Purchaser in written form shall be sent to the following address: Arvato-Services, Philip Morris International, Kopytów 44D Hala DC4, 05-870 Błonie k. Warszawy. The statement shall be sent before the end of the 30-day withdrawal period or otherwise the withdrawal period will be deemed exceeded.
4. For Sales Contracts, the limitation of 30-day withdrawal period shall comence upon the coming possession of the Goods by the Purchaser. Should the Sales Contract cover various Goods delivered separately, in batches, or parts, the above period shall commence upon coming into possession of the very last item (Goods), batch, or parts.
5. In the event of withdrawal from the Sales Contract, it shall be deemed unconcluded. The Seller shall be obliged to immediately, however, not later than within 14 days of the date of receiving a withdrawal statement from the Purchaser, reimburse all payments made by the Customer, including the costs of Goods’ delivery. The Seller shall reimburse the payment, using the same means of payment as used by the Purchaser, unless the Purchaser explicitly agrees on another method of reimbursement which does not result in any additional costs to the Purchaser.
6. Unless the Seller proposes to collect the Goods on their own, the Seller shall be entitled to refrain from reimbursing payments received from the Purchaser until the Goods are returned or the Purchaser provides the Seller with a proof of sending the Goods back, whichever occurs earlier.
7. It is advised by the Seller to attach proof of purchase of the Goods to the returned Goods (e.g. receipt, invoice, bank statement). The Seller recommends that the returned Goods be sent back to the Seller using the free-of-charge return option by sending a parcel via szybkiezwroty.pl website or using the free-of-charge return service performed by the courier services which provide this service for the Seller. Detailed instructions can be found on the return form attached as Appendix 1 to the Terms and Conditions.
8. Should the Purchaser choose a Goods delivery method other than the cheapest and standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Purchaser for any additional costs.
9. The Purchaser shall be obliged to immediately, however, not later than within 14 days from the date of their withrawal from the contract, return the Goods to the Seller or pass the Goods to a person authorized by the Seller to accept such Goods. The Goods shall be returned before the end of the 14-day withdrawal period or otherwise the withdrawal period will be deemed exceeded. Returned Goods shall be packed and protected in such a way so as not to be damaged in transit.
10. The returned Goods should be sent back to the address: Arvato-Services, Philip Morris International, Kopytów 44D Hall DC4, 05-870 Błonie k. Warszawy. .
11. The Purchaser bears only the direct costs of returning the goods, unless the Seller has agreed to bear them.
12. The Purchaser shall be liable for any diminished value of delivered Goods resulting from using them other than what is necessary to establish the nature, characteristics, and functioning of the Goods. The Seller shall reserve the right to seek compensation form the Purchaser to the extent permitted by applicable laws.
13. The right to withdraw from the Sales Contract shall be forfeited in case of the following:
a. the supply of sealed Goods which are not suitable for return due to reasons attributed to health protection or hygiene and were unsealed after the delivery;
b. the supply of Goods which are, after the delivery, taking into account their nature, inseparably combined with other items;
1. Goods offered at the Store may be covered by the manufacturer’s guarantee. Detailed conditions of guarantee and its duration are specified in the guarantee card attached to the Goods.
2. The Seller shall be legally bound to deliver the Goods without defects.
3. In case Goods delivered to the Purchaser are defective, the Purchaser shall be entitled at their own discretion to exercise the guarantee rights or, regardless of that, exercise the rights granted by the Seller for the warranty against the defects of Goods.
4. The Purchaser may lodge claims on account of warranty or statutory guarantee in particular by e-mail to the address [email protected], using the Messenger app available at: https://www.facebook.com/iqos.pl, by means of LiveChat at https://pl.iqos.com/pl or by telephone at 48 801801501 or 22 4551404. The complaint shall be accompanied by a copy or scan of the proof of purchase of the Goods (e.g. receipt, invoice, bank statement confirming the payment for the Goods).
5. In order to expedite the process of handling the complaint, the Seller recommends providing the complaint notification with a short description of reasons justifying the complaint (e.g. description of defects in the Goods and the moment of revealing the defects), and with contact details of the Purchaser.
6. The Seller shall be liable to the Purchaser for any physical or legal defects (statutory guarantee) related to the Goods sold. If the Goods are defective, the Purchaser shall be entitled to lodge a claim on account of statutory guarantee to the Seller, and entitled to:
a. make a statement in which they request reducing the Price, or withdraw from the Sales Contract, unless the Seller immediately and without undue inconvenience for the Purchaser replaces the defective Goods with Goods that are free of defects, or remedies the said defect. The Price shall be e reduced proportionately and based on the ratio between the value of defective Goods and the value of Goods that are free of defects. The Purchaser may not withdraw from the Sales Contract due to negligible defects of the Goods;
b. request replacement the defective Goods with Goods that are free of defects or the defects removal. The Seller shall be obliged to replace defective Goods with Goods that are free of defects, or remedy the said defects within a reasonable timeframe and without undue inconvenience to the Purchaser. Instead of having the defects remedied by the Seller, the Purchaser may request the replacement of defective Goods with Goods that are free of defects, or instead of the Goods’ replacement request that the defect is remedied, unless it is impossible to bring the Goods into conformity with the Sales Contract using a solution proposed by the Purchaser, or it requires excessive costs as compared to the solution proposed by the Seller. When assessing excessive costs, the following is taken into account: the value of Goods that are free of defects, type and significance of the defects discovered, and also the potential inconvenience suffered by the Purchaser as a result of another method of satisfaction.
7. Purchasers who exercise the rights under statutory guarantee are obliged, at the expense of the Seller, to deliver the defective Goods to the Seller to the following address: Arvato-Services, Philip Morris International, Kopytów 44D Hall DC4, 05-870 Błonie k. Warszawy.
8. Should the Purchaser request replacement of the items or remedying the defect, or should they submit a statement on the reduction of the Price in which they specify the amount by which the Price is to be reduced, and the Purchaser failed to respond to this request within 14 days, the Purchaser’s request shall be deemed justified.
9. The Seller shall be liable for statutory guarantee in case of a physical defect which is discovered prior to the lapse of two years from the date on which the Purchaser was provided with the Goods. Claims for remedying a defect or replacing the Goods with Goods that are free from defects shall expire after one year from the date of discovering the defect; however, the limitation period cannot end before the lapse of the term referred to in the first sentence.
10. For Goods from limited editions or editions discontinued by the Seller and unavailable in the Store, their replacement with Goods from the same or another limited edition may not be possible. In such case, the Seller has the right to propose the Purchaser similar Goods, fulfilling the same functions as defective Goods and refund the difference between the Price of defective Goods from the limited edition (which was paid by the Purchaser) and the Price of such Goods currently binding in the Store, which was offered by the Seller as replacement.
7.7. POSSIBILITY OF HAVING RECOURSE TO AN OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM, AND RULES OF ACCESS TO THESE PROCEDURES
1. The Purchaser shall be entitled to request a permanent consumer arbitration tribunal, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection, to resolve a dispute arising from the concluded Sales Contract. The rules of organization and operation of permanent amicable consumer courts are set out in Regulation of the Minister of Justice of 6 July 2017 on defining the rules of organization and operation of permanent amicable consumer courts at the Provincial Inspectors of Trade Inspection.
2. Pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection, the Purchaser may request the provincial inspector of the Trade Inspection to initiate a mediation process for amicable settlement of the dispute between the Purchaser and the Seller.
3. The Purchaser may also seek assistance from the district or municipal Consumer Ombudsmen whose responsibilities include, among others, providing free consumer advice and legal information in the field of consumer interest protection and addressing businesses in cases concerning the protection of consumer rights and interests, or contacting a non-governmental organization the statutory tasks of which include consumer protection.
4. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes, and amendments to Regulation (EC) No. 2006.2004 and Directive 2009/22/EC, the Purchaser shall be entitled to use the online dispute resolution platform (ODR). Link to the ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL and the Seller’s e-mail address [email protected].
5. MODEL SALES CONTRACT WITHDRAWAL FORM is appended as Appendix 1 to these Terms and Conditions.
§ 8 PERSONAL DATA
1. The Customer's personal data shall be processed in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR).
2. The Data Controller is Philip Morris Polska Distribution Sp. z o.o. with their registered office in Cracow at the following address: Al. Jana Pawła II 196, 31-982 Kraków, entered to the Register of Entrepreneurs kept by the District Court by the District Court for Kraków-Śródmieście, 11th Economic Division of the National Court Register under the National Court Register (KRS) No.: 289223, Tax Identification No. (NIP): 675-137-33-54 with a share capital of PLN 10,000,000.00.
3. The Data Controller processes the Customer's personal data in order to implement the Service Contract and the Sales Contract, to deliver the Goods to the delivery address provided by the Customer, as well as for the purpose of maintaining the Account, marketing the Customer's own products and services, and for other purposes to which the Customer consented to or has been informed about prior to providing the data, or which result from the Customer's instructions or the contract between the Service Provider and the Customer (in particular, handling requests, complaints).
4. The Data Controller may entrust the Customer's personal data to other entities (subcontractors of the Service Provider e.g. IT companies, marketing agencies), in accordance with the rules set out in the General Data Protection Regulation. Customer's data may also be forwarded to the entities providing Goods delivery services.
5. Providing personal data by the Customers is voluntary. However, failing to provide essential data, prevents the Customers from registering with the Web Service, and concluding the Service Contract or the Sales Contract.
6. The consent granted may be withdrawn by the Customer at any time.
7. The data obtained on the basis of the consent shall be processed for as long as the consent is granted, and the data processed for the purpose of performing the Sales Contract or the Service Contract shall be processed during the term of the contract and in the period of time-barring of claims arising therefrom, including claims of public (tax) authorities.
8. A Customer who has provided their personal data to the Service Provider has the right to:
a. access the data and receive copies thereof;
b. rectify data;
c. have their data erased;
d. limit data processing;
e. object to the processing;
f. transfer data;
g. lodge a complaint to the supervisory authority.
To exercise the above rights, with the exception of lodging a complaint to the supervisory authority, please send an e-mail to [email protected], contact us at 801801501 or (+48) 22 4551404 or send a message viathe Messenger application available at: https://www.facebook.com/iqospl, or by LiveChat at https://pl.iqos.com/pl. The authority competent to file and investigate complaints is the President of the Personal Data Protection Office.
§ 9 COPYRIGHTS
The Service Provider and any entities that entered into appropriate agreements therewith shall enjoy exclusive rights to the Contents shared/posted in the Web Service by the Service Provider or its contractors, in particular copyright, graphic elements, software, and database rights which shall all be protected by the law. The Customer shall be entitled to use the said Content free of charge, however, exclusively to the extent of permitted personal use. Using such Content to different extent shall be permissible only within the limits of applicable laws and upon prior express, written approval granted by the authorized entity, or otherwise shall be null and void.
§ 10 FINAL PROVISIONS
1. Unless otherwise provided in the mandatory regulations of the law, the Sales Contract shall be governed by the law of the Republic of Poland and common courts in Poland shall have competent jurisdiction.
2. Pursuant to the Terms and Conditions, selecting the law of the Republic of Poland, shall not deprive the Purchaser of protection granted by the virtue of provisions which cannot be excluded through a contract between the Seller and the Purchaser in accordance with law which, pursuant to applicable regulations, would be the governing law in case no selection was made.
3. The Terms and Conditions shall be made available to the Customers/Purchasers free of charge at https://pl.iqos.com, and Customers may at any time view, print or download them (in PDF format) from there.
4. The Service Provider shall reserve the right to modify these Terms and Conditions in the occurrence of at least one of the following valid causes:
a. amendments to the laws governing the provision of services via electronic means by the Service Provider which affect the respective rights and obligations laid down in the Service Contract;
b. the need to adapt the activities carried out by the Service Provider/Seller to orders, rulings, decisions, or guidelines resulting from:
- any decision of the public authority competent to regulate the activities carried out by the Service Provider/Seller, public administration authority which affects the mutual rights and obligations laid down in the Service Contract, or
- any judicial ruling applicable to the activities carried out by the Service Provider which affects the respective rights and obligations laid down in the Service Contract;
c. modification of the manner of providing electronically supplied services by the Service Provider, which is solely due to technical or technological reasons (in particular, updating technical requirements);
d. any changes within the scope or terms of rendering services by the Service Provider/Seller which are covered by the provisions hereof, by introducing new, modifying, as well as cancelling existing functionalities or services offered to the Customer/Purchaser and covered by these Terms and Conditions
5. Should these Terms and Conditions be amended based on the rules specified above, the Customer shall be entitled to terminate the Service Contract within 14 days of the date on which they were notified appropriately in advance of the amendments hereto.
6. In case of any amendments hereto, the Service Provider shall make the consolidated text hereof available to the Customer by publishing it in the Web Service or by sending, to the e-mail address provided by the Customer, an e-mail with link to the Web Service with the Terms and Conditions.
Philip Morris Polska Distribution Sp. z o.o. (PMPL-D) is responsible for sales and marketing activities in Poland, with headquarters in Cracow and offices in Warsaw.
Philip Morris Polska Distribution Sp. z o.o. is registered in XI Division of Polish Court Register, District Court for the city of Cracow under the number 0000289223, company tax identification number 675-13-73-354.
PHILIP MORRIS POLSKA DISTRIBUTION SP Z O.O.
Al. Jana Pawła II 196
Telefon: 22 606 22 22
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LICENSE TO USE USER GENERATED CONTENT:
· This permission to use your content (“UGC”) is an agreement between you (“You” or “Your”) and Philip Morris International Management SA (“PMI”).
· You confirm that:
a. 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);
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;
· You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible tobacco brands, as well as thereto related products, services and promotional materials, 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 third party privacy notice located at , 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;
· Your License is given to PMI (or any of its affiliates) for the period of 5 years from the date of Your approval;
· You can opt-out from Your License agreement for future UGC at any time by contacting . 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 for any queries or clarifications regarding Your License, if you believe your copyright or intellectual property protected material has been used without authorization or if your privacy or personality rights have been infringed;
· You can enter into Your License by posting #okiqosterms in response to our request from account @iqos on Instagram or account @iqos on Twitter or by submitting, posting, sending us UGC on our channels, accounts;
· Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland.