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.
- When your information is used by a PMI affiliate in France (either Metropolitan France or French Overseas Departments and Regions (DROM)), information about you is shared with, and used also by, other PMI affiliates in France in order to enhance our service to you.
Details of PMI affiliates and the countries in which they are established are available here.
Sharing data with Third Parties
- We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers).
- We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences.
- We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organisational restructuring.
Where might information about you be sent?
As with any multinational organisation, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).
find out more…
When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.
For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:
- on the basis of a European Commission adequacy decision;
- subject to appropriate safeguards, for example the EU Model Contracts; or
- necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements.
In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.
How do we protect information about you?
We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.
How long will information about you be kept?
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.
find out more…
Typically, we retain data based on the criteria described in the table below:
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, here. Contact details will also be given in any communications that a PMI affiliate sends you.
If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.
Changes to this notice
We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.
Last modified 22 May 2018.
Last update: 13/12/2018
The Website publication director is Ms. Jeanne Pollès, President of Philip Morris France.
The website is hosted by Amazon Web Services, Cannon Place, 78, Cannon Street, London, England, EC4N 6AF.
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 Website in connection with which you have been guided here.
Limits of liability: By using the Website, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the Website 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.
Products: Products displayed on the Website are to be used with tobacco products (sticks). Therefore these products are designed for adult smokers only. Tobacco products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under (i) 18 years old, or (ii) if the legal age required to purchase of tobacco under the local law of your country is above 18 years of age, the minimum age required by law. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk. IQOS IS NOT RISK FREE AND THE BEST WAY TO REDUCE TOBACCO RELATED HEALTH RISKS IS TO QUIT TOBACCO USE ALTOGETHER.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE WEBSITE.
Further terms: If you wish to use certain sections of this Website 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 Website following such changes. If you then continue to use the Website, 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 Website
The Website is intended to be used by adult tobacco users aged 18 and above who want to continue to consume 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 Website.
To set up an account for the Website, you must give us some personal information to enable us to verify your eligibility to use it. Typically, this may be 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.)
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 Website. 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 Website” 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 Website.
Furthermore, you are not authorized to download, communicate, transmit, distribute or otherwise publish, on the Website, any content that:
(a) is unlawful, threatening, harassing, profane, criminal, defamatory, vulgar, obscene, deceptive, fraudulent, contains representations or descriptions of a sexual nature, in explicit or graphic form (including, without limitation, use of sexual language of a violent or threatening nature directed against an individual or group of individuals), violates the privacy of others, or is hateful;
(b) limits or prevents other users from using or enjoying the Website;
(c) constitutes or encourages any conduct that constitutes a criminal offense or is capable of giving rise to civil liability; or
(d) contains a virus or any other harmful element, constitutes an advertisement in one way or another, or contains false or misleading representations as to the origin or the statement of facts.
You also agree:
(a) not to use false identities;
(b) not to download, communicate, publish, transmit, reproduce, distribute or otherwise exploit any information or content obtained through the Website for any commercial purpose;
(c) not to attempt to gain an unauthorized access to any computer systems through the Website; and
(d) not to communicate any personal data relating to an individual unless such individual has expressly and specifically consented to such communication of his/her personal data to us for the specific purpose at stake.
It is forbidden to modify, copy, reproduce, distribute, republish, download, communicate or transmit the contents of the Website in any way without our prior consent.
In case of breach of any of these Terms, we reserve the right to close your account without compensation and without prior notice.
Modification and suspension of the Website
We reserve the right to modify, suspend, or terminate operation of or access to the Website, or any portion of it, at our discretion. For example, we may terminate operation of the Website for users if we have reason to believe that the Website is being used by someone who is not an Intended User.
We may also update the Website and change the content at any time. Although we make reasonable efforts to update the information on the Website, 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 Website, 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 Website and Materials
The Website 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 Website or any Material.
The Website 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.
The Website 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 Website to any other website.
Privacy and cookies
To the extent that in the Website 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.
You should review our Privacy Notice and Cookie Notice before using the Website and, like these Terms, we may change them at any time.
These paragraphs apply if the Website 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 Website (“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 Website 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 (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.
Although we do our best to provide an informative Website that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the Website is made available to you on an “as is” basis. Also:
- it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
- we accept no liability to you in respect of the Website (subject to the paragraph on “Limit of Liability” below); and
- we accept no liability as to the suitability or fitness of the Website in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
- that the Website, or any content contained in or delivered via the Website or otherwise made available in connection with the Website, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- that access to the Website will be uninterrupted, or error-free; and
- that the Website, or the computer systems from which the Website 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 Website 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 Website or on any website linked to it.
You acknowledge and agree that the operation of the Website 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 Website or the systems transmitting the Website 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 Website (the “Jurisdiction”) govern these Terms and your use of the Website. 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 Website 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 organisation, 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 [email protected] if:
- you believe that the Website 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 Website.
LEGAL NOTICES OF IQOS.COM WEBSITE
The Website publication director is Ms. Jeanne Pollès, President of Philip Morris France.
The website is hosted by Amazon Web Services, Cannon Place, 78, Cannon Street, London, England, EC4N 6AF.
GENERAL TERMS AND CONDITIONS OF SALE – IQOS
Last update: 01/11/2018
The website www.iqos.com (the "Website") is published by Philip Morris France SAS, a simplified joint stock company with a single shareholder (société par actions simplifiée à associé unique) with a share capital of 80,000 euros, registered in the Nanterre Trade and Companies Register under the number 712 054 014, whose registered office is located 23/25 rue Delarivière Lefoullon, 92800 Puteaux, intra-community VAT registration number: FR 21712054014, telephone number: 0800 814 814, email address: [email protected] ("Philip Morris France SAS").
The Products are sold to Customers by ARVATO DISTRIBUTION GmbH, a company incorporated under German law, whose registered office is located at Gottlieb-Daimler-Straße 1, 33428 Harsewinkel, Germany, share capital: €100,770.00, intra-community VAT registration number: FR69488429648, telephone number: +33 3 21 13 66 92, email address: [email protected] (“Arvato”).
The Website is hosted by Salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany
1. Purpose and scope
These general terms and conditions of sale (the "GTCS") apply to all orders placed on the Website by any purchaser who is a non-professional natural person having the status of a consumer within the meaning of the first article of the French Consumer Code (Code de la consommation) (the "Customer(s)") for the purchase of products presented on the Website (the "Product(s)"). Before being able to place a valid order on the Website, the Customer expressly declares that they have full legal capacity to enter into a contract, i.e. that they have reached the age of legal majority (18 years in France) and that they are not under some form of guardianship.
The GTCS govern the contractual relationship between Arvato DISTRIBUTION GmbH and the Customer. The GTCS apply exclusively to Products delivered in metropolitan France.
The Customer undertakes not to purchase Products on the Website with a view to reselling them. IQOS is intended for use by adults only.
The GTCS are accessible to the Customer on the Website where they can be directly consulted at any time. The Customer may keep these GTCS on a durable medium by printing them out. When an order is placed, the GTCS shall be attached to the order confirmation email sent to the Customer.
Arvato DISTRIBUTION GmbH reserves the right to amend the GTCS at any time. The amended GTCS shall take effect on the date on which they are put online on the Website and shall apply to all orders placed on the Website as from the date on which they are put online.
Arvato DISTRIBUTION GmbH recommends that the Customer carefully read the GTCS before each order, as they may have been amended. All orders presuppose that the GTCS have been consulted and accepted by means of a checkbox provided for this purpose which includes a hypertext link to the said GTCS.
Each of the Products offered for sale on the Website is presented in a description stating its essential characteristics.
The representations and photographs of the Products available on the Website have no contractual value. Philip Morris France SAS, in its capacity as publisher of the website, does its utmost to ensure that these representations and photographs are as accurate and faithful as possible to reality, but the actual appearance of the Products ((including colour, dimensions, textures and other characteristics) may be slightly different from the photographs appearing on the Website. This may be attributable to technical, photographic and data-processing reasons, for example as a result of the lighting during the shooting process and the resolution of the screens and the equipment or web browsers you use when visiting the Website.
The Customer is advised to consult the description of each Product to learn about its precise essential characteristics. In the event of any doubt, or to obtain additional information on the Products, you can contact Philip Morris France SAS Customer Service Department by email: [email protected] and by telephone at 0800 814 814.
Product offers are valid as long as they are visible on the Website, within the limits of available stocks. Sales are concluded subject to the actual availability of the Products.
Arvato DISTRIBUTION GmbH makes every effort to keep up to date the information on the availability of the Products on the Website. Arvato DISTRIBUTION GmbH shall notify the Customer by e-mail or telephone if an ordered Product is no longer available.
In accordance with the provisions of Article L. 121-11 of the French Consumer Code, Arvato DISTRIBUTION GmbH reserves the right to refuse or cancel an order for legitimate reasons (for example, orders for abnormal quantities, orders placed in bad faith or orders placed by a Customer with whom a dispute exists relating to a previous order).
Orders that are cancelled under the above conditions shall be refunded within a maximum period of fourteen (14) days following the cancellation of the order.
Accessories sold on the website shall be available for 12 months.
As a general rule, the Website may be accessed 24 hours a day, 7 days a week, subject to:
- a force majeure event;
- the availability of the Internet network;
- temporary suspensions of the Website for technical reasons related to website updates, maintenance or any other technical reasons.
Orders can only be placed via the Website. The Customer shall bear the costs of connecting to and accessing the Internet.
The Products on the Site are sold only through retail sale to Customers as end consumers. Thus, in particular, the Customer agrees not to proceed with purchases of Products on the Site for resale and declares that his purchase of Products is unrelated to a commercial activity.
In general, ARVATO DISTRIBUTION GmbH may refuse to honor any order that does not correspond to a retail sale or that is fraudulent (or reasonably presumed to be fraudulent). ARVATO DISTRIBUTION GmbH reserves the right, in this context, to limit the quantities of Products ordered by the same Customer (same name and first name, same postal address and / or same email address), being specified that in any case, no order made by the same Customer and exceeding a total amount of 600 euros excluding taxes will not be accepted by ARVATO DISTRIBUTION GmbH.
It is further specified that IQOS is intended for use by adults only.
1. Creating a personal account
Customer must create a personal account using a username and password to place an order for Products. In order to complete the purchase, the Customer must also fill-in the online registration form, which contains the information necessary to carry out the order (surname, first name, date of birth, full postal address, email address, telephone number - any mandatory information shall be followed by an asterisk). Philip Morris France SAS passes on this data to Arvato DISTRIBUTION GmbH as part of the order process.
In this respect, the Customer hereby warrants to Philip Morris France SAS and Arvato DISTRIBUTION GmbH that the information they have provided in the registration form when creating their personal account is accurate and complete. Arvato shall not be held liable in the event that the Customer has provided incomplete information or errors and if this prevents Arvato DISTRIBUTION GmbH from fulfilling the order (in particular from delivering the Product ordered) under the specified conditions.
The Customer's username and password are strictly personal and confidential. The Customer is solely responsible for the storage and use of their username and password.
This order shall be presumed to have been placed by the Customer if this username and password is used to place an order for Products on the Website. Arvato DISTRIBUTION GmbH shall not be liable to the Customer for any damage suffered as a result of the unlawful use, fraudulent use or misuse of their username and password and any order for Products placed by any person whom the Customer has not authorised to place orders.
It is the Customer's responsibility to notify Arvato immediately if an unauthorised person has placed an order for Products with their username and password, as well as if they lose or forget their username and password.
Philip Morris France SAS reserves the right to close any account, in particular at the request of Arvato DISTRIBUTION GmbH, in the following cases:
- dispute concerning one or more previous orders;
- any misuse or any unfair, fanciful or fraudulent use of the ordering service offered on the Website or non-compliance with any of the Customer's obligations defined in these GTCS.
2. Ordering process
To place orders on the Website, Customer must:
- select the Product(s) and the desired quantities by adding them to their shopping cart;
- view their shopping cart containing the selected Products once they have finished making their selection. This step allows Customers to make any changes to their shopping cart before validating it, where applicable;
- validate the shopping cart;
- select the delivery method (with precise costs and delivery times) and enter their delivery and invoicing addresses;
- validate their delivery method;
- view a summary of their order. At this stage, Customers must check the details of their order, along with the method and terms of delivery. Customers may correct any errors they identify;
- confirm their order by ticking the box indicating acceptance of the GTCS and clicking on the "order and pay" button;
- select their payment method and pay for their order online to finalize the order.
Following payment of the order, Arvato DISTRIBUTION GmbH will acknowledge receipt of the order electronically by sending the Customer a confirmation email, including the applicable GTCS.
4. Prices and terms of payment
The price of the Products is given in euros, including all taxes, and takes into account the value added tax (VAT) in force on the day the order is validated by the Customer as evidenced by their online payment.
Arvato DISTRIBUTION GmbH reserves the right to modify its prices at any time. Nevertheless, the price of the Products invoiced to the Customer shall be the price in force at the time the order is validated.
The prices of the Products do not include the delivery costs of the Products; such delivery costs shall be notified to the Customer no later than the time of the latter’s payment of the Order (see below).
The Products remain the property of Arvato DISTRIBUTION GmbH until the price has been paid in full.
Purchases are paid for using a credit card (Visa, Mastercard). The card is debited when the order is validated.
The Products are delivered to the address provided when ordering, within metropolitan France exclusively. No deliveries shall be made to hotels or post office boxes.
The following methods of delivery are available:
- Standard for orders in Corsica
- Standard or Express for orders in Metropolitan France under 25 euros (excluding Corsica);
- Express for any order of 25 euros or more (excluding Corsica).
For each proposed delivery method, the delivery costs are specified on the page used to select and validate the delivery method, and also appear on the page summarising the order. Delivery is free of charge for any order of 25 euros or more.
Delivery shall be made within the time limits given to the Customer when the order is placed and confirmed.
Each delivery is deemed to have been made as soon as the carrier of the Products makes the delivery available to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No dispute relating to the delivery per se shall be admissible if the package appears to have been delivered, it being understood that the carrier's computer system shall be regarded as providing proof of delivery.
During delivery, it is strongly recommended that the Customer notify the carrier of any reservations regarding the packaging and, where applicable, the condition of the Products (e.g. open and/or damaged package). If the package is damaged on delivery, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note and state precisely on the carrier's delivery note any reservation with regard to any missing or damaged Product.
In the event of any failure to meet the delivery deadlines notified to the Customer, the latter shall have the right to terminate the contract, provided that the delay is not attributable to the fault of the Customer (for example if the Customer provides incorrect delivery information at the time of the order) or to a force majeure event.
This right of terminationmay be exercised subject to the provisions of Article L. 216-2 of the French Consumer Code:
- the Customer must first instruct Arvato DISTRIBUTION GmbH to carry out the delivery within a reasonable additional period, by sending a registered letter with acknowledgement of receipt to the following address: Arvato DISTRIBUTION GmbH, Zone de la Galance, 62221 Noyelles sous Lens, or by sending an email to the following address: [email protected];
- if the Products have not been received by the end of this new additional period, the Customer may then terminate the contract by sending a new registered letter with acknowledgement of receipt or a new email.
The contract shall be terminated upon receipt by Arvato DISTRIBUTION GmbH of the written notice of such termination, unless Arvato DISTRIBUTION GmbH has meanwhile fulfilled its obligations. In the event that the contract is terminated, Arvato DISTRIBUTION GmbH shall refund the amounts paid by the Customer in respect of the order, no later than fourteen (14) days following the date on which the contract was terminated.
6. Right of withdrawal
Nothing in these GTCS shall affect the Customer's right to exercise their right of withdrawal without giving reasons within fourteen (14) days of the day on which the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the Products.
In the event that the Customer has ordered several Products within a single order, or if the Products have been delivered in several instalments, the withdrawal period shall begin when the Customer, or a third party other than the carrier designated by the Customer, physically takes possession of the last Product or the last instalment of the delivery.
If the Customer wishes to withdraw from the transaction, they must send their withdrawal decision to Arvato DISTRIBUTION GmbH before the expiry of the withdrawal period, in particular by calling the toll-free number 0800 814 814, 7 days a week from 7am to 10pm (toll-free from a fixed or mobile telephone) or by clicking on the "Contact Us" section at the address www.iqos.com.
If the Customer exercises their right of withdrawal within the specified time limits, they shall receive a confirmation email taking into account their request; following this, the Customer must return their complete order in its original packaging (accessories, instructions, label, etc.) to Arvato DISTRIBUTION GmbH in the manner indicated in said email.
To comply with the withdrawal period, it is sufficient that the Customer submit their notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
The complete order must be returned without undue delay no later than fourteen (14) days after the Customer has notified Arvato DISTRIBUTION GmbH of their decision to exercise their right of withdrawal. This time limit shall be deemed to have been observed if the Products are returned before the expiry of the fourteen (14) day withdrawal period
All necessary precautions must be taken to ensure that the Products are properly packaged so that they are not damaged during transport. The Customer must pay the costs related to the return of the Products. Arvato DISTRIBUTION GmbH recommends that the Customer use a delivery service with a tracking service to return the Products.
Risk for the returned Products shall be transferred to Arvato DISTRIBUTION GmbH only when the Products arrive at Arvato's intended return point.
Unless the Customer expressly agrees to another refund method, the original payment method shall be used to refund the returned Product, with said refund including the standard delivery charges proposed by Arvato DISTRIBUTION GmbH. Said refund shall be made without undue delay and in any event within a maximum period of fourteen (14) days from the day on which Arvato DISTRIBUTION GmbH is informed of the Customer's decision to exercise their right of withdrawal.
This refund shall not lead to any costs for the Customer. However, Arvato DISTRIBUTION GmbH reserves the right to defer the refund until the returned Product is actually recovered or until the Customer has provided proof of shipment of the Product, whichever comes first.
It should be noted that Arvato DISTRIBUTION GmbH shall not refund the additional costs incurred by the Customer in choosing to use a more expensive delivery method than the standard delivery method proposed on the Website by Arvato DISTRIBUTION GmbH nor the costs incurred by the Customer to return the Product.
7. Legal warranties
Pursuant to the legal provisions in force, the Customer benefits from the legal warranties of conformity and the legal warranties against hidden defects.
Arvato DISTRIBUTION GmbH is bound by a legal warranty of conformity in accordance with articles L. 217-4 to L. 217-12 of the French Consumer Code:
- The Customer may benefit from a period of two (2) years from the delivery of the product to take any action;
- The Customer may choose to have the product either repaired or replaced, subject to the cost-related terms provided for in Article L. 217-9 of the French Consumer Code;
- During the two (2) years following the delivery of the product, the Customer is not required to provide proof that the product is not in conformity.
The legal warranty of conformity operates independently of any commercial warranty that is granted.
Finally, the Customer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code (code civil). In this case, the Customer may choose to either terminate the sale or accept a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
In accordance with the regulations in force, the articles of the French Consumer Code and the French Civil Code that the Customer may rely on are reproduced in full below:
Article L. 217-4 of the French Consumer Code:
“The seller must deliver goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation whenever such installation is the responsibility of the seller under the contract or has been carried out under the seller's responsibility.”
Article L. 217-5 of the French Consumer Code:
“The goods are in conformity with the contract:
1) if they are suitable for the use usually expected of similar goods and, if applicable:
- if they correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- if they exhibit the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular those that are made in advertising or labelling;
2) Or if they possess the characteristics defined by mutual agreement between the parties or are suitable for any special use requested by the buyer which has been brought to the seller's attention and which the seller has accepted.”
Article L. 217-12 of the French Consumer Code:
“The action resulting from the lack of conformity shall be time-barred after two years from the date of delivery of the goods.”
Article L. 217-16 of the French Consumer Code:
“If, during the course of the commercial warranty granted to a buyer at the time of the acquisition or repair of moveable property, the buyer requests that the seller carry out any repairs covered by the warranty, any period of at least seven days during which the property is out of use for repair shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for repair or the date on which the goods in question are made available for repair, if this is subsequent to the request for repair."
Article 1641 of the French Civil Code:
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects.”
Article 1648-1 of the French Civil Code:
“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
8. Intellectual Property
The Philip Morris France SAS trademark, as well as all the figurative or non-figurative brands, and more generally all the other trademarks, illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not (the "Philip Morris Trademarks") are and remain the exclusive property of Philip Morris France SAS or are granted under licence to Philip Morris France SAS.
The Arvato trademark, as well as all the figurative or non-figurative brands, and more generally all the other trademarks, illustrations, images and logos appearing on the Products, their accessories or their packaging, whether registered or not (the " Arvato Trademarks") are and remain the exclusive property of Bertelsamnn / Arvato or are granted under licence to Arvato DISTRIBUTION GmbH.
The Website and all graphic, textual, visual and photographic elements contained therein, including but not limited to all illustrations, images, drawings, photographs, characters, texts, decors, presentation modes, graphics or any other element of the Website (hereinafter the "Content") are and remain the exclusive property of Philip Morris France SAS or are licensed to Philip Morris France SAS and are protected in particular by intellectual property rights.
Under no circumstances may the Philip Morris and/or Arvato Marks, the Website and/or its Content be modified, reproduced, represented, distributed, displayed, marketed, and/or incorporated into a derivative work or any other work, either in whole or in part, on any medium whatsoever. As a general rule, the Philip Morris and/or Arvato Trademarks, the Website and its Content may only be used for the purpose of browsing the Website and, where applicable, for placing an order.
It is strictly forbidden to use all or part of the Philip Morris and/or Arvato Trademarks, the Website and/or its Content (in particular by downloading, reproducing, transmitting or representing them) for any purpose other than those provided for in these GTCS.
9. Personal Data
When the Customer browses the Website, creates a personal account and / or places an order, Philip Morris France SAS and Arvato DISTRIBUTION GmbH collect and process the personal data that the customer transmits.
Philip Morris France SAS and Arvato DISTRIBUTION GmbH, both data controllers, undertake to protect this personal data.
With regard to the data processed by Arvato DISTRIBUTION GmbH:
Arvato DISTRIBUTION GmbH (German company with registered office at Gottlieb-Daimler-Straße 1, 33428 Harsewinkel, Germany, phone number: +33 3 21 13 66 92, email address: [email protected]) informs the Customer that he processes his personal data transmitted to him by Phillip Morris France (namely: surname, first name, telephone, email, billing and delivery addresses) as well as the bank data related to the payment of the order that are collected directly by Arvato DISTRIBUTION GmbH.
The processing of the personal data of the Customer by Arvato is implemented for the purposes of the execution of the order and its consequences (including warranty, right of withdrawal if applicable, etc.) as well as for the follow-up of the customer relationship. The legal basis of the treatment is thus the execution of the contract.
To allow a good treatment of your order and in particular to allow an adapted follow-up and an optimal delivery, your personal data are communicated to the companies of the same group as Arvato DISTRIBUTION GmbH, as well as to their service providers and subcontractors around the world intervening for the needs of the execution of your order. Some of them are located outside the European Union in countries that do not necessarily benefit from a decision of adequacy rendered by the European Commission.
The protection and security of personal data thus transferred outside the European Union is ensured at all times, in particular by the implementation of contractual clauses in accordance with the legislation in force. A copy of these data protection mechanisms is available via: https: //www.cnil.fr/sites/default/files/typo/document/CCT-2010-Ss_Traitants_VF.pdf
Your personal data are not retained beyond the time necessary for their processing and, in any event, for a maximum of ten years from their collection or the last contact initiated with Arvato DISTRIBUTION GmbH.
The Customer may at any time access his personal data, request their rectification, request their removal or limitation for legitimate reason in accordance with the legal provisions. In some cases, he may oppose a treatment for reasons related to his particular situation or exercise his right to the portability of his data.
All or part of these rights can be exercised by sending a request by email to [email protected]
If you believe that your rights were not respected as part of this treatment or that the implemented device did not comply with the rules for the protection of personal data, we invite you to contact us directly to the contact details above. You can also, if necessary, submit a complaint online to the CNIL or by post.
10. Governing law – disputes
These GTCS are subject to French law.
In the event of any complaint or dispute, the Customer must first contact Philip Morris France SAS customer service on 0800 814 814 (non-premium rate number when calling from a fixed line in metropolitan France), or by clicking on the "Contact Us" section at www.iqos.com. Customers may also contact Arvato DISTRIBUTION GmbH: [email protected].
The parties undertake to settle the dispute out of court before taking any legal action or resorting to a mediation procedure.
In the event that a written complaint by the Customer to Arvato DISTRIBUTION GmbH's customer service department is unsuccessful or if said service fails to respond thereto within one (1) month, the Customer may choose any alternative dispute resolution method and/or access the European online dispute resolution platform at the following address: http://ec.europa.eu/odr, and either or both of the foregoing shall attempt, in complete independence and impartiality, to settle the dispute out of court.
The Customer remains free to accept or refuse the use of mediation and, in the event of mediation, each party is free to accept or refuse the solution proposed by the mediator.
The French courts shall have sole jurisdiction in the absence of an out-of-court settlement.
11. Miscellaneous provisions
In the event that one or more of the provisions of the GTCS are held to be invalid or unenforceable by a competent court or by applicable law or regulation, such provision shall be abolished without this affecting the validity and enforceability of the other provisions of these GTCS.
Should Arvato DISTRIBUTION GmbH fail to rely on any provision of these GTCS, this shall not constitute a waiver of such provision or of the right to subsequently rely on such provision and/or to claim compensation for any breach of such provision.