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
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)
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
· general administration and troubleshooting
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
· invite you to participate in, and administer, surveys or market research 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)
· 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 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.
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.
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 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:
· 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;
· to request us to restrict our processing of it
This right applies, temporarily while we look into your case, if you:
· have objected to our using the information on the basis of legitimate interest
(if you make use of your right in these cases, we will tell you before we use the information again).
This right applies also if:
· our use is unlawful and you oppose the erasure of the data; or
· we no longer need the data, but you require it to establish a legal case.
· to object to our processing it
You have two rights here:
(i) if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request; and
(ii) if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.
· to withdraw your consent to our using it
This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.
· to data portability
(i) you have provided data to us; and
(ii) we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you,
then you have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.
· to lodge a complaint with the supervisory authority in your country
Each European Economic Area country must provide for one or more public authorities for this purpose.
You can find their contact details here:
For other countries please consult the website of your country’s authority.
Country-specific additional points
According to which country you are in, you may have some additional rights.
If you are in France, find out more…
· If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
(A) issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
(B) give us specific instructions that apply only to our use of information about you.
Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, you successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:
(i) in order to administer your estate (in which case your successors will be able to access information about you to identify and obtain information that could be useful to administer your estate, including any digital goods or data that could be considered a family memory that is transferable to your successors); and
(ii) to ensure that parties using information about you take into account your death (such as closing your account, and restricting the use of, or updating, information about you).
You may amend or revoke your instructions at any time. For further information on the processing of information about you in the event of your death, see Article 40-1 of the law 78-17 dated 6 January 1978. When you die, by default, you will stop using your account and we will delete information about you in accordance with our retention policies (see the paragraph “How long will information about you be kept?” for details).
Who should you contact with questions?
If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.
If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.
Changes to this notice
We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.
Last modified 27 March 2018.
TERMS AND CONDITIONS OF WEB USE AND IQOS PRODUCT PURCHASE
Philip Morris Spain, S.L., Single Shareholder Company (“PMS”), with Company Tax ID Number 35107911, and headquarters on José Lázaro Galdiano (street), 6, 28036, Madrid. Registered in the Madrid Commercial Register Page M– 144.903, Section 8a, Book 0, Volume 16607.
Email: [email protected]
This website has been created by PMS being informative in nature and for personal use. Accessing this site implies acknowledgment of, and agreement to the following terms and conditions.
The sale of electronic devices through the enabled electronic trading platform is conducted by Actions Data, S.L. Corporate Tax Identity No B-83103440 with its headquarters in Avenida de la Victoria, 50, 28023, EL Plantío Madrid (hereinafter, “Actions Data” or the “Seller”), exclusive owner of the products put up for sale on the present website.
To this end, the following information relevant to the abovementioned company Actions Data, S.L. has been provided;
Registered in the Madrid Commercial Register, volume 16.910, folio 141, section 8, page
M-289188, Registration 1a
I. TERMS AND CONDITIONS OF THE WEBSITE
This and any other website added by PMS at a subsequent date (separately referred to as a “website” and collectively, “websites”) have been put at the disposal of the public in accordance with the present conditions (the “conditions”). The websites are the property of PMS and the terms “we” and “our” refer to PMS.
The present conditions refer to the use of the websites. Part I of the present conditions shall at all terms prevail when using the websites. Part II of the conditions shall govern online product purchase.
2. Access to the websites
The websites are meant exclusively for smokers, users of electronic cigarettes or other tobacco products, combustible or otherwise, 18 years old and above who reside in Spain. In order to access the websites, you shall be obliged to confirm that you are 18 years old or over.
You may also log on and choose a username and password for your personal use. You shall undertake not to share the user number or password with any other person. As a user of the websites, you shall be obliged to take all necessary precautions to safeguard the confidentiality of the user name and password.
You shall inform us immediately if you think that: (i) someone has knowledge of your password or user name; or (ii) if there is a risk that another person is using your user name and password. You shall undertake to ensure that you have logged off from your account at the end of each session. You shall take extreme care when you log into your account from a public or shared computer, in such a way that nobody else can see or record your password or any other personal information.
We shall have the right to disable any user name, password and any other identifier chosen by the user or enabled by ourselves, at any moment at our sole discretion, for whatever reason, including if we think that you have infringed any provision of the present conditions.
PMS shall not be held liable, nor guarantee that access to this website shall be uninterrupted or free of error. Nor shall it be held liable or guarantee that the software which may be accessed through this website shall be free from errors arising from third parties. Similarly, under no circumstances shall PMS be held liable for losses, damage or harm of any type which may arise due the access or use of the website. PMS shall not be held liable in any way for failures, interruptions, faults or defects which may occur in telecommunications.
The services offered on this website may only be used correctly if the technical specifications for which they were designed are complied with.
3. Use of the website. Intellectual and Industrial Property
PMS is the owner or licensee of all intellectual and industrial property rights of the websites and material published therein. These works are protected by international treaties and laws pertaining to intellectual and industrial property. All of these rights shall be reserved.
The present user conditions only allow for your personal and not commercial use of the websites. You may not reproduce, distribute, modify, create derivative work, exhibit or show publicly, re-publish, download, store or transmit any of the website materials, with the following exceptions: (i) your computer may temporarily store copies of the aforesaid materials in its Random Access Memory accidentally when you access or consult the latter; (ii) you may store files which are automatically kept in the browser’s temporary memory for a better presentation; (iii) you may print or download a copy of a reasonable number of website pages for your personal, but not commercial use, albeit not for subsequent reproduction, publication or distribution; and (iv) if we enable computer, mobile or other applications for downloading, you may download one single copy to your computer or mobile device exclusively for your private but not commercial use at any time and when you accept our end-user licensing agreement of the aforementioned applications.
You shall ensure that all the information you provide us with is true and accurate.
4. Links to other websites
It is possible that websites may contain links to webs of our associated networks, publicity agencies and/or affiliated companies. If you open a link to one of these webs, note that the latter have their own use and confidentiality rules and that we don’t accept any liability for such rules. We ask you to consult these rules before posting any personal information on these websites.
5. Security and limited liability
You will understand that we are unable to offer nor do we offer any guarantee that the files available for downloading on the Internet or websites are virus-free or free of other malware. It shall be your responsibility to apply adequate procedures and verifications to satisfy your particular needs for anti-virus protection and authenticity of the inputting and exit of data and to have a means other than our website for the restoration of any data that may be lost.
We will not be liable for any loss or damage caused by a Denial of Service (DoS), virus or other technologically harmful malware which may infect your computer equipment, computer programs, data or other sensitive material due to your use of websites or any other services or elements obtained through websites, or due to downloading any material posted on these, or on any other web linked to them.
Your use of websites, their content and any other services or elements obtained through the latter shall be at your own risk and expense. Websites, their content and any services or elements obtained through them shall be provided without guarantees of any nature, either explicit or implicit with respect to their integrity, safety, trustworthiness, quality, authenticity or availability. For this reason, we neither guarantee nor declare that the services or items obtained through the websites are correct, reliable, free from error, or uninterrupted, that defects shall correct themselves, that websites or servers which distribute these are free of viruses or other malware, or that websites or any other services or items thereby obtained shall meet your needs or expectations.
Neither we or our associates, licensors, service providers, employers, agents or managers shall be in any way liable for losses of whatever nature which emanate from, or are related to use or the inability to use the websites, any other web which is linked to them, any website content or other type of service or item obtained through the websites or linked websites, including all losses and damages, direct or indirect or of a consequential nature.
The aforementioned shall not affect any liability which may not be excluded or limited by virtue of any legislation currently in force.
II. GENERAL CONDITIONS GOVERNING THE ONLINE PURCHASE OF IQOS PRODUCTS
1. Product Properties
IQOS devices (“product/s” or “goods”) on sale through this webpage are the property of Actions Data Ltd, Corporate ID number B-83103440 with its headquarters on Avenida de la Victoria, 50, 28023, Madrid (hereinafter, “Actions Data”).
When making a request through the Website, you guarantee that:
1. you have the legal capacity to sign contracts;
2. you are, at least, 18 years old;
3. you are resident somewhere on Spanish territory, other than the Canaries, Ceuta and Melilla;
4. you are accessing the website from a place located on the territory indicated in the previous subsection;
5. you are a consumer and a physical person, and purchase Products in your capacity as such; and
6. you are not using the website for fraudulent purposes.
When ordering a product, you will have to follow an online purchase procedure and click on “Confirm order”. After that, you will receive an email acknowledging receipt of your order (“ Confirmation of Order”). Furthermore, we shall inform you by email and/or SMS that the product is being sent (“ Sending Confirmation”) giving you the possibility of changing the date and/or time slot for the delivery if you communicate it within the maximum time limit that will be indicated for the aforementioned change to take place.
4. Product Availability
All orders shall be subject to Product availability. If any difficulty arises in supplying the Product, or if there are no articles in stock, you shall be reimbursed for the payment of any amount which you may have disbursed.
Except in the case of unforeseen or extraordinary circumstances, you will be sent the order which will consist of the product(s) listed in each Sending Confirmation within the period indicated on the webpage according to the selected forwarding method.
In addition, you will receive an email indicating your product’s date of delivery which you will be able to modify in accordance with the time slot of the delivery if you communicate it no later than the time to be indicated for making the aforementioned change.
If for whatever reason we are unable to comply with the date of delivery, we shall inform you of this circumstance and give you the option of going ahead with setting a new delivery date, or cancelling the order and receiving total reimbursement of the payment.
The conditions of delivery and shipment will be subject to possible changes by the company in charge of managing the shipment of the order.
For the purpose of the present Conditions, the “delivery” shall be understood to have taken place, or the order to have been “delivered” at the time in which you or a third adult eighteen years of age or above takes possession of the product material, which will be credited by means of signing a receipt of the order at the agreed delivery address.
6. Inability to deliver
If it is impossible for us to deliver your order, the latter shall be returned to the agency that the logistics operator has linked to your post code. In addition, we shall send you an email and/or an SMS explaining where your order is for you to collect it within 15 days maximum of its arrival at the branch.
In the event that your order is ready for collection, if 15 days have elapsed without delivery of the order having been taken for reasons that cannot be attributed to us, this shall imply that you desire to withdraw from the contract, which we shall consider as being dissolved. As a consequence of the termination of the contract, we shall return to you all payments received from you, including delivery charges without any undue delay and within a time-frame of 15 days from the date on which we deem the contract to have been dissolved. Please bear in mind that transport resulting from the termination of the contract may incur an additional cost, the corresponding amount of which we shall be authorised to pass onto you.
The conditions of delivery and shipment will be subject to possible changes by the company in charge of managing the shipment of the order.
7. The transfer of risk and ownership
You shall be liable for the risks of the Products as soon as it has been delivered.
You shall acquire ownership of the Products once full payment has been received for all amounts owing with regard to the latter, including shipment expenses, or precisely at the time of delivery, if this takes place subsequently.
8. Price and payment
The prices of the webpage are inclusive of VAT, but exclude shipment costs, which shall be added to the total amount owed.
Prices may vary at any time, but (except as previously specified) possible changes shall not affect the orders with respect to those for which we have already sent an Order Confirmation.
Once you have selected the Products you wish to purchase, these will have been added to your basket, the next step being to process and confirm the order. In order to do this, you will have to follow the steps of the purchasing process, filling out and confirming information requested at each step. You will thus be able to modify the data of your order during the purchasing process before confirming the order.
Payment may be made in either of 2 ways:
1. Credit card: After confirming the order, you shall receive a link by email in order to make payment. Upon opening it, you will access a screen where you may complete your information and confirm payment.
2. In return for cash reimbursement: The exact amount of the order shall have to be paid in cash by the messenger upon delivery.
9. Value added Tax and invoicing
In compliance with the provision of article 68 of 1 of Law 37/1992, of 28 th December, pertaining to Value Added Tax, in the territory where this tax applies, it shall be understood that the deliveries of moveable tangible property forming the object of shipment or transport to the point of disposal by the purchaser, will have taken place when the shipment or transport begin in the aforementioned territory. The type of VAT to be applied is that legally in force at all times depending on the tangible article in question.
10. Right of cancellation
If you are contracting as a consumer and user, you have the right to withdraw from the present contract within a period of 15 calendar days without need for justification.
The deadline for withdrawal shall expire 15 calendar days as of the day that you or a third party appointed by you, apart from the transporter, took material possession of the goods or in the event that the goods comprising your order are delivered separately, 15 calendar days as of the day on which you or a third person appointed by you, apart from the transporter, entered into material possession of the last of those goods.
In order to exercise the right of withdrawal, you will be required to notify us by phoning customer service IQOS 900 15 20 15 or emailing us at [email protected], of your decision to rescind the contract
In order to comply with the deadline for withdrawal, it is sufficient that the notification related to the exercise of this right on your part, be sent before the expiry of the relevant period.
Consequences of withdrawal
In the event of withdrawal on your part, all payments received from you shall be returned, including delivery charges (with the exception of additional charges resulting from a choice of delivery by you of a means of delivery different from the least costly means of ordinary delivery which we may offer) without any undue delay, however, no longer than 15 calendar days after the date on which we were informed of your decision to withdraw from the present contract. We shall proceed with the aforementioned reimbursement by bank transfer to the account number which, you will indicate at the time of exercising your right, as the case may be. You shall incur no expense as a consequence of the reimbursement. Notwithstanding the aforementioned, we may withhold reimbursement until receiving the goods.
Unless return of the goods is via a messenger/courier arranged by us, you shall be required to assume the direct cost of returning the goods.
You shall only be liable for the drop in value of the goods resulting from handling them in a way that is different from that required to establish the nature, characteristics and functioning of the goods.
11. Legal guarantees and restitution of faulty products
In your capacity as consumer, you shall have at your disposal a guarantee in terms of consumer and user regulation, according to which the delivered Product must be compliant with the Contract, (Legal Guarantee). The dates, scope, content and requirements of the guarantees and after sales service which we offer regarding a product may be consulted on the product itself.
More information may be obtained by calling IQOS Customer Service at the toll-free number of 900152015 or by sending an email to [email protected]
If you think that at the delivery time of the product did not conform to that stipulated in the contract, you will be required to contact us immediately by calling us at our toll-free number 900 15 20 15, at which time you will be informed as to how to proceed.
The product may be returned by handing it to a messenger who will be sent to your residence.
We shall proceed to examine the returned product carefully and will notify you within a reasonable time-frame if reimbursement will go ahead or a replacement of the same (as the case may be). Reimbursement or the replacement of the article shall take place as soon as possible and, in any event, within 15 days as of the date of notification leading to the reimbursement or replacement of the non-compliant article.
The amounts paid for those products which are returned because of some blemish or fault, where this is actually the case, you shall be fully reimbursed. Restitution shall take place by means of bank transfer to the account number which you will indicate at such time as you exercise your right.
All communication between Actions DATA and Buyer regarding this Contract may be made to the contact details of both parties indicated in the header.
III. OTHER GENERAL PROVISIONS
1. Changes to these conditions
We may revise or update the present conditions periodically at our sole and exclusive discretion. Upon publication all changes shall immediately come into force.
2. Events beyond our control
We shall not be liable for any non-compliance or delay in fulfilling any of the obligations undertaken, when the latter is caused by events beyond our reasonable control (“Cause of Force Majeure”).
The causes of Force Majeure shall include any act, event, inaction, omission or accident which is beyond our reasonable control, among which are included the following:
i. Strikes, lockouts or other industrial action.
ii. Civil disorder, riots, invasion, terror attack or threat, war (declared or otherwise) or a threat of, or preparations for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemics or any other natural disaster.
iv. Halting of trains, ships, aeroplanes, motorised or other forms of transport, whether public or private.
v. Inability to use public or private telecommunications systems.
vi. Acts, decrees, legislation, regulations or restrictions imposed by any government or public authority
It shall be understood that obligations shall remain suspended during the period in which the Cause of Force Majeure continues, and we shall grant an extension to the deadline regarding compliance with the aforementioned obligations for a period of time equal to the duration of the Cause of Force Majeure. We shall use all reasonable means to bring to an end the Cause of the Force Majeure or to find a solution which allows us to comply with our obligations despite the Cause of Force Majeure.
The lack of requirement on our part for strict compliance on your part with any of the obligations undertaken by you within the scope of the contract or the present Conditions, or failure on our part to exercise the rights or actions which may apply to us by virtue of the aforementioned contract or its Conditions, shall not imply a waiver or limitation of any nature in relation to the aforementioned rights or actions, nor shall it exonerate you from complying with such obligations.
No waiver on our part of a concrete right or action shall imply a waiver of other rights or actions arising from the contract or the Conditions.
No waiver on our part of any of the present Conditions, rights or actions arising from the contract will come into effect, unless it is expressly established as being a waiver and is formalised as such and communicated to you in writing.
4. Partial Annulment
In the event of any of the present Conditions or any provision of the contract being declared null and void by a decisive ruling delivered by a competent authority, the remaining terms and conditions shall remain in force, without being affected by the aforementioned declaration of annulment.
5. Full Agreement
The present Conditions and every document to which express reference is made to the aforementioned shall comprise the full agreement existing between you and us in relation to the object of the aforementioned and shall supersede any other former covenant, agreement or promise between you and us whether verbal or written.
We and you acknowledge having consented to the signing of a contract without having relied on any statement or promise made by another party or which may be inferred from any declaration or wording in the negotiations formulated by both parties for the aforementioned, other than that which is expressly stated in the present Conditions.
Neither you nor we shall have recourse to action before any vague declaration uttered by the other party, whether verbal or written, prior to the date of the contract (unless such a vague declaration has been fraudulently made) and the only action to which the other party shall have recourse shall be through non-compliance with the contract in accordance with the provisions contained in the present Conditions.
6. TREATMENT OF PERSONAL DATA
If you want to find out the information that M ACTIONS DATA, S.L. collect about you in connection with the purchase process and how they use that information, please check the section corresponding to the ordering process.
If you want to find out the information that PHILIP MORRIS SPAIN, S.L. collect about you and how we use that information, please check the “Privacy Notice” section in this website.
7. Applicable legislation and jurisdiction
The use of our webpage and the purchase contracts of products through the said webpage shall be governed by Spanish legislation.
Any dispute which may arise or which is related to the use of the webpage or with the aforementioned contracts will be subject to the exclusive jurisdiction of Spanish courts and tribunals.
Philip Morris Spain S.L. is the leading tobacco company in the Spanish market, which counts with a diverse team of around 370 dedicated and talented employees at our headquarters in Madrid and offices in Barcelona, Las Palmas, Madrid, Oviedo, Seville, Tenerife, and Valencia. In Spain, IQOS is available at national level since late 2016.
Philip Morris S.L.
Calle José Lázaro Galdiano, 6
+34 900 15 20 15