We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. 

Please also read our terms of use relating to the service you are interested in. They provide more information about the way we do business, and any restrictions on eligibility that may apply.

Who are we?

We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.

• Philip Morris International: a leading international tobacco group. It is made up of a number of companies or “affiliates”.
• Philip Morris International affiliates: Each member of the Philip Morris International group of companies is a “Philip Morris International affiliate”. “We” (or “us” or “our”) refers to the Philip Morris International affiliate that first collected information about you.
• Philip Morris International product : means a product of ours or of another Philip Morris International 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 Philip Morris International 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 “Philip Morris International touchpoints”. Philip Morris International touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).

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 Philip Morris International 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 Philip Morris International panel portal;

· register to receive Philip Morris International press releases, e-mail alerts, or marketing communications;

· participate in Philip Morris International surveys or (where permitted by law) Philip Morris International competitions or promotions; or

· attend an event that a Philip Morris International affiliate has organised.

We may collect information about you automatically. Typically this will happen when you:

· visit an outlet that sells Philip Morris International 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 Philip Morris International 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 Philip Morris International 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 Philip Morris International products).

We may also collect information about you automatically through the use of cookies and similar tracking technologies on digital Philip Morris International touchpoints. The specific cookies and technologies used will depend on the Philip Morris International touchpoint in question. To learn about the cookies (including Google analytics cookies) and similar technologies used on a touchpoint, including how you can accept or refuse cookies, please see the cookie notice made available on or through that touchpoint.

Where permitted by law, we may acquire information about you from third parties. This may include information shared between Philip Morris International 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

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 fulfill 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 Philip Morris International 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 Philip Morris International products and at events

· For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting Philip Morris International products

· To support all the above, including administering your accounts, enabling you to use Philip Morris International 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 Philip Morris International touchpoints, and administration and troubleshooting

· For business analytics and improvements, including improving Philip Morris International 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).

The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:

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:

· Philip Morris International affiliates;

· third parties who provide Philip Morris International affiliates or you with products or services;

· Philip Morris International 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.

Sharing data with other Philip Morris International 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 Philip Morris International 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 Philip Morris International affiliate that is responsible for the country in which you live (if it wasn’t the Philip Morris International affiliate that first collected the information) for all the purposes described in this notice.

· Information about you may be shared with any other Philip Morris International affiliate that you contact (for example, if you travel and you want to know where to buy Philip Morris International products in a new country, or where to find service or support for Philip Morris International products) in order to enhance our service to you.

Details of Philip Morris International 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 Philip Morris International 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 Philip Morris International 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, Philip Morris International 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).

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, Philip Morris International affiliates within the European Economic Area (“EEA”) may transfer personal information to Philip Morris International 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.

Typically, we retain data based on the criteria described in the table below:

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.

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.

Country-specific additional points

According to which country you are in, you may have some additional rights.

If you are in France:

· 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 Philip Morris International affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a Philip Morris International 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 Philip Morris International 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.

Last updated: 12 March 2019

Introduction

Welcome to the www.iqos.com ("Website"), a web site owned and operated by or on behalf of 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] (referred to as "we" or "us" in these Terms of Use).

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.

How do you accept these terms? If you use the Website, you accept these terms of use (“Terms”). These are important provisions relating to your use of the Website: you should read them before using the Website as they are binding on you.

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.

Use of tobacco products: Our products are designed for adult smokers only. Our 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 enjoy tobacco products (“Intended User”), and who reside in the country where indicated in our contact details. If you do not meet these requirements, you must not use the 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 smoking status, name, age, country of residence and e-mail address/telephone number. We will hold this in accordance with our Privacy Notice (see the “Privacy and Cookies” section below for more information.)

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.

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.

Linking

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.

This Website also uses cookies and similar technologies to collect certain visitor information automatically. To learn more about such technologies (including Google analytics cookies), how we use them, and how you can accept or refuse them, please see our Cookie Notice.

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

Posting materials

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 waive any moral rights in them (including the right to be named as the author of such Materials); and (c) acknowledge that we (and those whom we (directly or indirectly) permit) shall have unrestricted use of the Materials, including using, altering, duplicating, or combining them in all forms and for all media.

Disclaimer

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:

1. it is your responsibility – not ours – to ensure that the Website is suitable for your intended purposes when you use it;
2. we accept no liability to you in respect of the Website (subject to the paragraph on “Limit of Liability” below); and
3. 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.

GENERAL CONDITIONS GOVERNING THE ONLINE PURCHASE OF IQOS PRODUCTS

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.

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”).

2. Declarations

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.

3. Order

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.

5. Delivery

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 14 calendar days without need for justification.

The deadline for withdrawal shall expire 14 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, 14 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 14 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 14 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.

12. Complaints

All communication between Actions DATA and Buyer regarding this Contract may be made to the contact details of both parties indicated in the header.

PHILIP MORRIS SPAIN, S.L.
(Single-member Company)

myIQOS
Terms and Conditions

1. General description of myIQOS

1.1 (myIQOS) is a programme and community for IQOS customers that improves their overall experience with IQOS. With myIQOS you can enjoy a number of Benefits and Services, which will vary as you interact with IQOS, and you can also receive Points by performing certain actions that you can redeem against gifts, experiences and IQOS products.

1.2 In these terms and conditions there are some words in bold. Their meaning is established in clause 16.

2. Application of the Conditions

2.1 You should read them carefully as they affect your rights and govern your relationship with PHILIP MORRIS SPAIN, S.L (PMS).

2.2 If you do not accept (or cannot comply with) these terms, you will not be able to participate in myIQOS.

2.3 You accept these terms by: (i) registering with myIQOS following the instructions in clause 4.1; (ii) validating your phone number and email address.

2.4 By accepting these Terms and Conditions you are understood to become part of myIQOS in the country of residence in which you are registered on the IQOS database.

2.5 We reserve the right to modify these conditions and the way that myIQOS works, as well as its services and Benefits, at any time. We will inform you with a minimum of 15 days’ notice of any changes made. You will be asked to accept these changes by accessing the web platform, and it will be understood that you tacitly accept these unless you state otherwise within a maximum period of 0 days.

3. Admission

3.1 Only the following may be members of myIQOS: (i) natural persons over 18 years of age, (ii) of Spanish nationality or of any other nationality, resident in the Kingdom of Spain, including the mainland and the Balearic Islands, with the Canary Islands and the cities of Ceuta and Melilla being expressly excluded (hereafter, the “Territory”). Non-Spanish consumers must prove their residency with a temporary or permanent residency permit, or any other document authorised by the competent authorities.

In addition to the requirements of the paragraph above, only (iii) people registered on the PMS database as adult IQOS users with their telephone number and a verified email address can be myIQOS members. Legal entities such as companies, consortia or institutions without independent legal status may not register as members of myIQOS. Similarly, employees or owners of tobacconists or any other persons whose participation in the Programme would infringe Spanish law may not be members.

The company reserves the right to exclude from the programme any consumers who violate any of the conditions contained in this document.

3.2 You may only register once for myIQOS.

3.3 Any person who meets the above conditions will be called “the Godparent” in the Friends programme (recommendation) of Benefits.

4. Registration

4.1 To register with myIQOS you must (a) register with our PMS database; (b) provide a valid mobile phone number and email address, and (c) agree to receive communications and accept these terms and conditions.

4.2 There are different ways to register: (i) online: you can register your device at iqos.com and follow the steps to join myIQOS (for example, click on “I agree” or similar buttons); (ii) by phone: you can contact the customer service team by phoning +34 900152015 and follow the instructions step by step; (iii) through an IQOS ambassador: follow their step-by-step instructions; or (iv) at an IQOS store.

4.3 You can register these models to get the additional services and benefits of myIQOS:

a. IQOS 2.4, IQOS 2.4+, IQOS 3, IQOS 3Duo
b. IQOS 3 MULTI
c. Any other IQOS device sold by Philip Morris in the country of purchase and registration.

4.4 The device must have a valid, readable serial number.

4.5 You can sign up at any time if you are registered on our database and are of legal age. Having completed the registration process, you should provide all the mandatory information in full and accurately, and you should keep it up to date. If you do not fill out the required fields on the application form (for example, age, smoking status, email and/or phone), we will not process your request. If you provide inaccurate, incomplete or false information, we reserve the right to terminate your membership of myIQOS without prior notice.

4.6 Your myIQOS membership and the services and Benefits that it provides are personal and non-transferable.

4.7 myIQOS is only available in some countries. Your myIQOS membership status is linked to your country of residence. If you change your country of residence: (a) your membership in that country will expire automatically; (b) you must inform us, and (c) you can re-apply for myIQOS membership in your new country of residence (if available there).

5. Benefits

5.1 Being a member of myIQOS gives you access to a number of Benefits. These Benefits are described on the myIQOS benefits page.

5.2 Only you can enjoy the benefits, unless you expressly specify that someone else can do so.

5.3 Some of the benefits may be offered by our service partners (Service Partners). Service Partner benefits may be governed by their conditions. We will make reasonable efforts to ensure the availability of these Benefits, but we will not be responsible if a Service Partner is unable to offer said Benefit, unless it is our fault. In that case, our liability will be limited to the monetary value of the Benefit.

5.4 We reserve the right to: (i) cease relationships with Service Partners and access to those Benefits for any reason at any time; and (ii) modify the Benefits for any reason at any time. When a change of this nature occurs, we will notify myIQOS members who may be affected.

5.5 The Benefits must be used within the specified time limit. If you fail to use a Benefit within its validity period, you will lose your right to it and will not be able to make any claim to that effect.

5.6 You can access Benefits by sharing more information about you or by earning Points within the Friends programme (recommendation). The process is described in clause 6.

5.7 You will be able to access other benefits mentioned in clause 8.

6. Friends Programme (recommendation)

6.1 Who can recommend: All persons over 18 years of age may participate in the Programme. They must be of Spanish nationality or of any other nationality, resident in the Kingdom of Spain, including the mainland and the Balearic Islands, with the Canary Islands and the cities of Ceuta and Melilla being expressly excluded (hereafter we will refer to the territory where the Programme applies as “the Territory”). Non-Spanish consumers must prove their residency with a temporary or permanent residency permit, or any other document authorised by the competent authorities.

Furthermore, in addition to the requirements referred to in the paragraph above, people who wish to take part in the Programme must be registered on the PHILIP MORRIS SPAIN, S.L. (hereafter “PMS”) database as adult IQOS users and must have purchased and registered at least one IQOS Kit in the Territory. Therefore, people who have purchased only accessories or parts included in the IQOS Kit separately are excluded.

Employees or owners of tobacconists or any other persons whose participation in the Programme would infringe Spanish law may not participate.

Finally, in order to participate, they must comply with the remaining requirements set out in these Terms and Conditions.

Anyone who fulfils the above conditions shall be referred to going forward as “the Godparent”.

6.2  Requirements to be met when selecting people for an IQOS recommendation: The Godparent may only recommend the IQOS electronic device (hereafter and interchangeably, “the Device”, “IQOS” or “the Product”) to adult smokers interested in the Product who are not registered on the PMS database as adult IQOS users and who reside in the Territory.

Anyone recommended by the Godparent who fulfils the above conditions shall be referred to going forward as “the Godchild”.

In any case, when recommending the Device, the Godparent commits to not encouraging the promotion, advertising or sale of any tobacco products.

6.3 Application process and Points: Any Godparent who wants to benefit from the rewards associated with the Programme by recommending the device to the Godchild, should choose one of the following processes:

a. Unique code:

1. The Programme website will offer the Godparent the option of obtaining a code that will be linked to their profile, so that they can share it with the Godchild via whatever means they deem appropriate. This recommendation code is personal and non-transferable and cannot be used by anyone other than the person who receives it.

2. The Godchild may access a website where more information about IQOS and the Programme will be provided. On that website, the Godchild will be able to access a free loan service for the device, request help from an IQOS ambassador, check the location of the sales points associated with the Programme, go to the online IQOS store and view the catalogue of rewards available to redeem points earned by recommendation.

3. When the Godchild uses the code when purchasing an IQOS Kit via one of the aforementioned channels and they register on the PMS database of adult IQOS users:

a. The Godparent will earn points. Please note that:
   Each Godparent can make as many recommendations as they wish to, although they will only earn points for the first 5 recommendations each month.

b. The Godchild will earn points. Please note that:

1. The Godchild registering involves the activation of their profile on the Programme platform, so that they can in turn become the Godparent figure and recommend the Product to other adult smokers who meet the requirements of these terms and conditions (with the limitations mentioned above).

2. The fact that the Godparent does not earn points due to the limitations mentioned above does not imply that the Godchild cannot benefit from the advantages of having been recommended.

3. The Godchild will not receive points for this recommendation if any other promotions that exist on the device purchase date are applied. That is to say that it cannot be used in conjunction with other promotions. The points earned by both the Godparent and the Godchild may be redeemed against rewards on the website associated with the Programme.

b. Contact generation form:

1. The Programme website will offer the Godparent the option of putting the Godchild in contact with PMS, after a prior validation process.

2. Following this validation process, the Godchild – if they wish – will receive a link through which they will be able to access a specific website where more information about IQOS and the Programme will be provided. On that website, the Godchild will be able to request help from an IQOS ambassador, check the location of the sales points associated with the Programme, go to the online IQOS store or call the PMS IQOS customer service department. When the Godchild asks to be contacted by an IQOS brand ambassador, the website will provide them with the Godparent's code, so that it can be used on one of the aforementioned channels.

3. When the Godchild uses the code when purchasing an IQOS Kit via one of the aforementioned channels and they register on the PMS database of adult smokers who use IQOS, the Godparent will earn points (with the limits set forth above in paragraph a) unique code)

It is important to clarify that if the Godchild was previously registered with the PMS IQOS adult smokers database (i.e. if any of the details they provide – DNI, phone number, email, etc. – are already in the PMS database), they will be able to purchase the Device on any of the aforementioned channels, but neither the Godparent nor they will obtain any points under the Programme.

Also, when making a purchase, the Godchild should clarify that they wish to benefit from the Programme and use the aforementioned processes via the IQOS ambassadors (if the purchase is made offline) or on the website (if the purchase is made online), providing the code at the time of purchase.

In addition, if the Godchild returns the IQOS Kit for which the Godparent earned points, PMS reserves the right to remove these points from the Godparent's balance or to reclaim any rewards redeemed using those points.

6.4 How points work: Programme participants will be able to check their points balance on their Programme website profile.

Points earned by the Godparent may not be available for redemption until 30 days after they are generated.

To redeem their points, Programme participants should go to the “Catalogue” section, where each reward will have a points value. Points may only be redeemed for rewards that are equal in value or less than the points that the participant has available.

PMS may modify the catalogue at its sole discretion and update the points value of rewards at any time.

From 30 June 2019, points earned in the second half of each year (between 1 July and 31 December) will expire on 30 June of the following year. In addition, points earned during the first half of the year (between 1 January and 30 June) will expire on 31 December of that year. If participants do not redeem points in that period, then the points will be taken off their total balance.

6.5 Redeeming rewards and tax implications: Rewards that the Godparent redeems for points will be delivered to them within a maximum of one month from the date they were redeemed on the Programme website, without any shipping fees. If for any reason beyond PMS' control the intended rewards are not available, PMS reserves the right to replace them with others of the same or higher value. The amount of time taken for the winner to receive the rewards may be subject to the stock of units available from the supplier at that moment. If the supplier is unable to provide the rewards, PMS will proceed as set out in this section.

If any of the rewards involves attending an event (for example a concert, match, exhibition, gala, etc.), the cost involved in the winner travelling to the event will not be borne by PMS, unless expressly stated otherwise. If the winner is required to provide certain information or documentation, PMS will define the relevant deadline in its communications with that person. If within one month, the recipient does not send the documentation required to confirm their interest in receiving the rewards, they will be deemed not to accept the rewards and will therefore waive them.

For employees of PMS offices, all rewards redeemed by the Godparent will be subject to Personal Income Tax in accordance with the provisions of Law 35/2006, of 28 November. The value of these rewards shall be considered as remuneration in kind and as such will be subject to the corresponding PIT account entry in accordance with current legislation.

In the specific case of consumers (all participants who are not employees of PMS offices), during the term of the Programme, the Godparent may redeem their points for rewards that will have a certain financial value. The awarding of rewards may, where applicable, be subject to income or tax withholding for the Godparent. In this respect, if the total accumulated value of the rewards given to the Godparent is above three hundred euros (€300) of taxable value, they will be subject to Personal Income Tax, in accordance with the stipulations of articles 6 and 33 of Law 35/2006, of 28 November, on Personal Income Tax. Thus, where appropriate, the mandatory withholding or on-account payment will be applied in accordance with articles 73.2.c), 99 and 105 of the Regulation of that tax, approved by Royal Decree 439/2007, of 30 March. The Godparent will be responsible to the Tax Authorities for paying the taxes that correspond to the rewards obtained.

In order to calculate this “total accumulated value”, any amounts that the Godparent has received under the Programme and any other promotions by PMS in relation to IQOS during the current 2020 tax year will also be taken into account.

The Godparent declares that they are aware of any tax implications associated with the Programme and expressly renounces any claims for damages arising from their participation in it.

Furthermore, the marketing and/or sale of rewards is prohibited. If actions intended for the resale of the rewards are detected (either directly or indirectly under the guise of the sale or donation of another product), PMS shall immediately demand that the rewards be returned, reserving the right to exercise any resulting extra-judicial and legal measures, including those intended to protect its corporate image. It may also bring such actions to the attention of the appropriate authorities.

6.6 “Hal Cash” platform: The Programme may offer the Godparent the ability to exchange points for cash using the “Hal Cash” platform. If this was the case, the rewards catalogue would reflect this option.

“Hal Cash” is a banking service that allows individuals to send cash to a person’s mobile phone in an immediate and secure manner via a simple SMS. The beneficiary receives a notification straight away and can immediately withdraw the money from one of the selected ATMs without being a bank customer or using credit cards.

To be able to opt for rewards through “Hal Cash”, the Godparent must have registered for the Programme with a Spanish mobile phone number.

The process is as follows:

• Once the Godparent redeems their points for a financial amount, they will receive two SMS messages. The first one will contain a PIN and the second a reference (“Hal Cash”).

• From that moment on, the Godparent can go to an ATM that offers the “Hal Cash” service to withdraw their reward in cash.

• The ATM will ask the Godparent for their mobile phone number, the reward amount, the reference and the PIN.

• If the information is correct, the ATM will issue the reward amount and a receipt.

It is important to consider the following timeframes:

• The time limit for withdrawing a reward at a “Hal Cash” ATM is 10 calendar days from the payment order. If 7 calendar days after the original SMS being sent to the Godparent they have not redeemed their prize, they will receive an SMS reminding them that the order will expire in 3 days. After these 10 days, the information associated with the payment orders will be deleted, so a new reference and PIN will have to be generated.

• If the information expires, the winner will automatically receive a new submission, up to a maximum of 2 times. In the event that the Godparent does not go to an ATM within the specified period of time, they shall be deemed to have waived the reward

If the Godfather incorrectly enters the information into an ATM five times, they will be blocked and invalidated. If this happens, the winner will automatically receive new details in accordance with the process described in the above section regarding expiry of the information.

If the Godparent loses the details, they will have to wait ten days for them to expire and then follow the abovementioned process.

If the Programme was cancelled or terminated, and a participant had redeemed their points for cash through the “Hal Cash” platform but had not received or used the codes, they will have two months from the time they redeemed their points to redeem the codes. No rewards can be redeemed or claimed after that date.

The “Hal Cash” network ATMs may be out of service or have no cash available at that time. If this happens, the Godparent should go to another ATM in the network.

PHILIP MORRIS SPAIN S.L. shall under no circumstances be responsible for whether or not the ATMs associated with “Hal Cash” or with the system itself are working.

6.7 Validity: The Programme will come into force on 5 November 2020 and will remain in effect for an indefinite period until decided otherwise.

PMS reserves the right to modify the terms and conditions that govern the Programme (including its duration or the maximum number of recommendations per year) at any time, and will inform participants about this using the means available for that purpose.

6.8 Failure to comply with the terms and conditions, Cancellation of the Friends programme, Compensation: PMS does not accept any claims for damages of any kind resulting from a failure to comply with the rules for participation in this Programme or from the inability to participate in it or enjoy its benefits because a person fails to meet the required conditions.

Participants waive the right to make any kind of claim against PMS if the Programme is cancelled by the company. Termination or cancellation of the programme, which may happen unilaterally and without prior notice, will mean that participants will not be able to generate new points from that moment on. However, a period of two months will be granted for participants to redeem any points that they had when the Programme ended for items available in the catalogue, if they have enough points.

At the same time, PMS is not responsible for any damages that may derive from interference, omissions, interruptions, computer viruses, telephone failures or disconnections from the proper operation of the chosen system (telephone network, internet, etc.), or for anyone's inability to participate in the Programme for these reasons.

Likewise, PMS may declare the participation of individuals to be null if they detect irregularities in people's identification data. PMS is not responsible for the accuracy of the data provided by the participant. Consequently, if the data provided are incorrect or contain errors, PMS is not responsible for not being able to get in touch with the possible winner to inform them of the result or to manage delivery of the rewards with them.

PMS reserves the right to justifiably remove any participant who defrauds, alters or renders unusable the proper functioning and normal course of the Programme.

If any of the rewards involves attending an event (for example a concert, match, exhibition, gala, etc.), PMS shall not be responsible for the winner failing to access the event because they have not met the conditions established by the organiser or promoter to attend the event, nor for the cancellation or postponement of the event for reasons beyond PMS' control. PMS is also not responsible for any incidents that may occur at the event and/or for it being delayed or cancelled. PMS is not responsible for the exercise of the right of admission to the venues where the events are held, which results in the participant not being able to attend them.

6.9 Requirements that must be met by the Godparent when using the contact generation form regarding personal data protection and their responsibilities: The Godparent, as the person responsible for personal data processing on behalf of PMS, must comply with the relevant legislative obligations.

These include the fact that they should get the express consent of the Godchild for PMS (or a third party contracted by them for that purpose) to contact them to inform them about the Programme conditions and the benefits of the Product. To this end, the Godparent should inform the Godchild that:

1. their data will be included in a file for which PHILIP MORRIS SPAIN, S.L. is responsible;

2. the purpose of the processing is to provide them with information about the IQOS electronic device.

3. The legal basis for data processing is their consent.

4. the recipients are PHILIP MORRIS SPAIN, S.L. and, where applicable, suppliers hired to manage the contact with them;

5. they may exercise their rights under the relevant legislation by notifying PHILIP MORRIS SPAIN, S.L. in writing to C/ José Lázaro Galdiano 6, 28036 Madrid; and

6. they can find additional information about the Programme's privacy policy through the website 

PMS has provided a form, which is available at the following link, that the Godparent can use to inform the Godchild of the above aspects.

The Godparent should keep that form (or an equivalent document used for the same purpose) as proof that they have provided the aforementioned information to the Godchild, that they have obtained their express consent and, generally speaking, that they have complied with personal data protection regulations.

In addition, by participating in the Programme, the Godparent declares that they are aware of, accept and submit to the obligations contained in the contract that can be found at the following link (hereafter, “the Data Processing Contract”). This will govern data processing, and expressly establishes that the data will only be processed in accordance with PMS' instructions, that they will not apply them or use them for a different purpose to that which is outlined in the said contract, nor will they communicate them to other people, not even for storage. In any event, the Godparent's participation in the Programme presupposes the acceptance of all the obligations in the Data Processing Contract.

If the Godparent makes use of the data for another purpose, shares them or uses them in contravention of the stipulations of the Data Processing Contract, they will also be held responsible for the processing, responding to any infractions that they personally made.

In any case, PMS shall not be liable if the company receives any kind of complaint and/or administrative or legal enquiry (particularly from the Spanish Data Protection Agency) that originates from a failure to comply with the legal provisions and, in particular, from a failure to fulfil the legislative duties associated with the collection and processing of the Godchild's data, in the aforementioned contract and in these terms and conditions.

7. Service: Care

7.1 As a myIQOS member you will be able to access the Care service free of charge throughout your device's warranty period. With this programme, you can enjoy special care and services for the Device that you have registered. The details are described below. Find out more about Care here [www.myiqos.es/care].

7.2 Members will be able to enjoy Care services as long as: (i) their device(s) are under the legal warranty and (ii) it is linked (registered) to a single consumer.

7.3 The IQOS customer service channels are: (1) Live chat (iqos.com) (2) our social media (Facebook and Twitter) (3) e-mail [email protected] (4) the freephone number +34 900 15 20 15 (5) our IQOS Boutique, phone number +34 689 505 812 (Serrano, Madrid) or (6) any of the points of sale that provide this service (pop-ups, tobacconists, etc.) providing the information detailed above.

7.4 [Accidental damage]

1. If your Device suffers [accidental and unintentional damage] that affects the Device's functionality, which is not caused by misuse or reckless behaviour (hereafter, “Accidental damage”) you may be entitled to a Replacement device as described in clause (c) of this section 7.4.
2. To do this, you must deliver the damaged Device to PMS and you will be provided with a new device of the same category. If a Replacement device of the same category is not available, a Device of any category will be provided, which will be at least functionally equivalent. The damaged device becomes PMS property once the replacement device has been delivered. If only part of the Device is damaged, for example, the IQOS 3 holder or charger, you should return it, meaning that it will become PMS property, and a new part will be given to you to replace the damaged part.
3. Limitations of accidental damage
   1. You must take all reasonable precautions to protect your Device and use and maintain it in accordance with the instructions and user guide. If you fail to do this, you will not be entitled to a replacement device.
   2. There is a limit of TWO replacements per part of the device (holder and charger) for accidental damage per registered Device. After these claims are resolved, the accidental damage service will cease. However, you may continue to receive the other Services for your Device whilst you are a myIQOS member and your device is under legal warranty.
   3. We reserve the right to modify point (ii) in accordance with the accidental damage policy applicable at that time.
      • any product that is not an eligible Device according to the list in clause 4.1;
      • damage caused by abuse or misuse, or by actual modification or alteration, or attempted modification or alteration of the Device, increased voltage;
      • Devices with an altered, disfigured, or deleted serial number;
      • Devices that have been opened, repaired, modified or altered in a manner not authorised by PMS;
      • loss or theft of your Device;
      • cosmetic damage to your Device that does not affect its functionality, including but not limited to, fine cracks, scratches, dents, broken plastic in the ports and discolouration;
      • improper handling, or contact with liquids, damage from fire, floods or natural disasters, war, terrorism, or accidental causes;
      • malfunction due to use with an incompatible product;
      • damage or malfunction caused by not following the instructions in the associated IQOS User Guide; or
      • failure due to defects in materials, workmanship or design; however, such failures may be covered separately, either by your consumer rights or by IQOS's legal warranty and without prejudice to all rights and appeals provided for by consumer protection laws in the country of purchase.

7.5 International assistance

1. You have access to an international telephone number 800 25559 25559 or +41 21 547 88 88 when you travel abroad, specifically to countries where Philip Morris or its subsidiaries or an authorised partner markets the Device (the cost of the call will be borne by the member. Charges may apply in some places. For more information please contact your mobile service provider). This service includes problem solving assistance from agents experienced with the Device and, if necessary, a replacement for your Device in the context of (i) Accidental Damage in accordance with these Terms and Conditions or (ii) Device problems defined in terms of material or workmanship when used in accordance with the Device User Guide.

2. Service options, Device availability, response and delivery times may vary by country. This service will not affect your statutory rights or Device warranty rights valid in the country of purchase.

7.6 IQOS Personal Advisor. You will have access to personalised remote support for your first 30 days with IQOS, to help you with your transition to the device. You will have access to this service from Monday to Friday 10:30 to 22:00 and on Saturdays 10:00 to 14:00 (as long as you provided a valid phone number when you registered).

7.7 Fast Replacement Service. This service provides a fast replacement of your Device within a guaranteed period of time in the event of Accidental Damage and/or when you have a valid claim for problems with the Device in terms of material or workmanship, when it has been used in accordance with the Device User Guide. For a replacement due to Accidental Damage, you are limited to a single Fast Replacement Service. The right to benefit from this service is determined by Philip Morris. This service is only applicable to selected locations in the country in which you are registered.

7.8 Free cleaning service: come to any of our IQOS Care spaces for deep cleaning of your device.

7.9 IQOS Madrid Care Boutique services:

1. Call & Collect: This service is ideal for members who are already familiar with the product and who want to find out what's new with IQOS, such as limited editions or new releases, purchasing a new device or personalising their device easily and without waiting.

To access this service, call +34 689 505 812, and place your order easily in a few minutes. Our staff will take note of your request and prepare your order for the best IQOS experience without waiting. Within approximately one (1) hour, your order will be ready and you will receive an SMS with confirmation that you can now go to the Boutique to complete your purchase and collect it.

It is essential to bring some ID so that we can verify your identity and hand over your order.

2. Personal Shopper: This service is designed for adult smokers who want to visit our IQOS Boutique in person and get tailored advice without waiting. If this is you, you can access it by calling +34 689 505 812 and making an appointment with one of our specialists. Our staff will be happy to answer all your questions and concerns one-on-one and to advise you so that you can enjoy the full IQOS experience.

3. Home delivery: Do you live or work near the Boutique but you're too busy to come in person for a new device or to customise your existing one? If this is you, you can access the Boutique by calling +34 689 505 812, where a personal assistant will advise you and help you to prepare your order simply and in just a few minutes. Within approximately twenty (20) minutes, your order will be ready, and one of our specialists will bring it to the address you have provided us, meaning that you can complete the purchase without leaving home! Remember that you can pay for it either in cash or with a card. This gives you the best experience without waiting.

It is essential to have to hand some ID so that we can verify your identity and give you your order.

7.10 How to inform us that your device is broken (accidental damage or international assistance)

You should:

1. submit your claim through any of our consumer care channels as soon as possible, including the following information: (1) the serial number of the affected Device; (2) a description of the symptoms, problems or causes of the damage to the Device; (3) any error messages; and (4) actions taken before the Device experienced problems and any measures taken to solve the problem;

2. If requested, you must present proof of purchase for your Device; and

3. follow the shipping instructions provided by PMS to send the Device back to the appropriate branch; and

4. in all other ways, comply with the PMS Device return authorisation process

You must not send other IQOS products and/or accessories that are not covered by Accidental Damage replacement. If you send these items they will not be returned and will be destroyed.

1. PMS will determine whether you are entitled to a replacement in accordance with these Terms and Conditions. If you are entitled to a replacement Device, it will be provided to you in one of the following ways:

   1. Delivery by messenger. A replacement Device will be sent to you, and at the same time you must hand over the affected Device following the instructions provided.

   2. IQOS point of sale customer service. We can provide a remote diagnosis and you can return the affected Device at one of the points of sale in the IQOS network (tobacconists, stands in shopping centres or at the IQOS Boutique in Serrano, Madrid) and a replacement device will be given to you immediately. Alternatively, you can go directly to one of the locations in the IQOS sales network for them to do an in situ diagnosis and then provide you with a new Device.

8. Other Benefits

8.1 Be the first to find out. You will receive news and information about IQOS, personalised information about our products and services, access to exclusive content, as well as news and updates relevant to participants.

9. Your obligations

You agree:

1. not to misuse the myIQOS programme, including services and Benefits;

2. not to obtain Points or Benefits through fraud;

3. to treat our staff and Service Partners in an educated manner and with respect;

4. to maintain the security of your member account, including password;

5. not to copy or share myIQOS content unless expressly authorised to do so;

6. to maintain the security of your member account;

7. within the Care service, when an exchange is made, any replacement Device becomes your property and the replaced Device becomes the property of the entity carrying out the exchange;

8. to comply with applicable laws; and

9. to comply with these conditions.

10. Data Privacy/Communications/Personalisation

10.1 We want to offer Benefits, experiences and communications that are of interest to you and relevant to you. To find out what interests you and to offer you personalised service (as stated in clause 10.3), we collect and use data about you.

10.2 We collect data from you directly or through automated processes. Some examples of the data we collect directly from you are: those you provide when filling out forms (e.g. date of birth, gender, location and country of residence or preferences about how you want us to manage your account) or when talking to our customer service centres, an IQOS expert, event staff or store staff. Some examples of automated processes are: tracking how you interact with PMS, for example, how you communicate with PMS when opening and clicking on links in the communications that we send you, the items that you purchase or your use of our points of contact (including those linked to myIQOS) or (provided that you authorise it through your cookie preferences (and similar technologies) on your devices) the use of third party contact points (for example, the pages you visit and the items you view). We then combine this information with the information you provide us directly or the information we acquire through third parties.

10.3 The purposes for which we use personal data are:

• to have a broader understanding of what you would like to receive from us and how we can provide you with a better service;

• to customise the services and offers we propose, to recognise your loyalty and to reward you with benefits within the myIQOS experience, including invitations to events;

• to offer you personalised web content and to optimise your experience at points of contact;

• to provide personalised communications on the websites, social media and digital platforms that you visit;

• to send you sales materials that may be of interest to you, including from our external partners;

• to ensure a more efficient operation of our services; and

• to authenticate logins to our platforms and for fraud detection and prevention.

10.4 When required by privacy law:

• we will take measures to ensure that, before using your personal data, our legitimate interest is not outweighed by your personal interest or your fundamental rights and freedoms; and

• you may have the right to oppose our use of your data in this way.

10.5 The entity responsible for the file containing the personal data of Programme participants is PHILIP MORRIS SPAIN, S.L. and the recipients are that company and, where applicable, third parties that provide services to it in the context of the Programme. The legal basis for data processing is the consent of participants, who may exercise their rights by sending a request to PHILIP MORRIS SPAIN, S.L, Calle José Lázaro Galdiano 6, 28036 Madrid and who can see additional information by accessing the privacy policy available on the website.

The mechanics of the Programme require that the data be provided in a truthful and complete way and that they are kept up-to-date thanks to the participant's cooperation. If the personal data were false, incomplete or not current, PMS would be released with respect to the specific cases of the success of the Programme and from any consequences related to the above, ultimately resulting in the non-declaration of Programme beneficiaries.

10.6 If you require further information, please see our Privacy Notice at https://pmiprivacy.com/en/consumer.

11. Applicable law

These terms and conditions shall be governed by and interpreted under the laws of Spain. In the absence of any specific legal provisions to the contrary, any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the city of Madrid.

12. Validity and termination

12.1 Your myIQOS membership begins from the day you accept these terms and conditions. You may cancel your registration with myIQOS at any time and with immediate effect by contacting us with your wishes, with 30 days notice, by calling +34 900152015.

12.2 Once your membership has expired or been terminated, you may not continue to receive the services or Benefits of myIQOS, excluding Care services whilst your device is under legal warranty, and vouchers or Benefits that you have not used will automatically be cancelled after a period of 4 weeks, as specified in clause 11.1.

13. Guarantee/Declaration/Limit of liability

13.1 To the maximum extent permitted by the applicable legislation, we shall not assume any liability, either civil (due to negligence or breach of liability established by the law), contractual, for misleading statements, restitution, indirect losses, loss of profits, sales, income or savings, loss of earnings, depreciation of goodwill and/or associated losses or loss or corruption of data or information, purely financial losses or any special, indirect or consequential losses, costs, damages, charges or expenses, resulting or derived in any way from your membership of myIQOS or your use of any of the services or Benefits offered. We will not assume any liability for the losses described in this clause, even if you have informed us of the possibility of such losses occurring.

13.2 None of the provisions of clause 13 exclude those responsibilities that cannot be excluded under the applicable legislation.

14. Ownership and risks

14.1 The risk of the Benefits and vouchers passes to you when you redeem a voucher or use a Benefit.

15. Non-transferability

15.1 Points, vouchers and Benefits may not be purchased, sold, traded or otherwise transferred to third parties, including other members, unless you have our prior written authorisation for this. We may cancel any Points, vouchers or Benefits that have been handled in this way.

15.2 Any attempt by you to sell or transfer Points, vouchers or Benefits contrary to these terms and conditions will automatically end your membership status.

16. Other provisions

1. Being a myIQOS member is currently free, but we reserve the right to charge a fee in the future, and we would communicate this in advance for individual acceptance.
2. The Care service is not an insurance policy.
3. We reserve the right to suspend or discontinue your admission to myIQOS or that of any other person using it, or, in the case of a suspension, that is suspected of using it in a way that is contrary to these terms and conditions or the applicable legislation. In addition to suspending or interrupting your eligibility as a myIQOS member, we may take the appropriate legal or administrative measures (or both) that we deem appropriate at our sole discretion.
4. The fact that we have not urged compliance with these terms and conditions does not constitute a waiver of them or of any of their provisions.
5. If a member dies, any Points, vouchers and Benefits earned by them will be automatically voided.
6. We will resolve, at our sole discretion, all queries or disputes relating to myIQOS membership, the availability of Benefits or your compliance with these terms and conditions. Our decision will be binding.
7. We shall not be held responsible for any incorrect or inaccurate data you provide whilst you are a myIQOS member or for any loss or error in the recipient of communications that we send to you or you send to us with regard to myIQOS.
8. You are responsible for keeping your myIQOS account contact details up to date.
9. We may send you notices related to these terms in writing (including via email) or through publications on our website.
10. These conditions are governed by the law applicable in the country where our registered office is located (Spain). Any dispute shall be exclusively handled by the courts and tribunals of the city where our registered office is located (Madrid).
11. Any stipulations of these terms and conditions that are declared null and void by any competent body or court shall, to the extent of such invalidity or non-enforceability, be considered to be independent of the rest, which shall not be affected.
12. If there are any differences between the English version of these terms and conditions and any versions or translations of them in other languages, the English version shall prevail.

17. Definitions

17.1 In these terms and conditions:

Active Member: Refers to the provisions of clause 12.1. IQOS user registered in the PMS database who has agreed to receive communications from IQOS and accepts the myIQOS Terms and Conditions

Benefits: Refers to the myIQOS benefits that are outlined in clause 5 at any time.

Services: Refers to Care as explained in clause 7

Device: Refers to an appropriate IQOS device that is under warranty for the models listed in clause 4.3.

Replacement device: The device will be a new device. Refers to clause 7

Points: Refers to the points earned from the Friends Programme (recommendation) clause 6.2

Service Partners: Refers to the provisions of clause 5.3

PMS: Refers to clause 2.1 and to the member of the Philip Morris International group that presented these terms and conditions to you and that was identified by explaining them to you. In this case PHILIP MORRIS SPAIN S.L

This notice describes how we use tracking technologies (such as cookies and some others which are non-cookie based, like web beacons) on our digital platforms, what visitor information is automatically collected, and how you can accept or refuse the tracking technologies we use.

Why do you use tracking technologies?

We use tracking technologies on our digital platforms:

• to make them work, or work more efficiently
• to provide our digital platforms with enhanced functionality
• to provide reporting information to understand how visitors use our digital platforms and interact with our communications
• to target our communication to you, and provide you with a personalized experience

What are cookies and web beacons?

Cookies are an example of a tracking technology. They are small text files that are placed on your computer when you visit a digital platform, which are then used as a means of identifying your computer for the purposes described below.

Cookies set by the owner of a digital platform are called “first party cookies”. Cookies set by other people are called “third party cookies”. Third party cookies enable the third party to provide features or functionality on or through the digital platform (like analytics, advertising and videos). The parties that set these third party cookies can recognize your device both when it visits our digital platform, and when it visits certain other digital platforms.

Web beacons are small graphic data (also known as ‘Pixel Tags’ or ‘Clear GIFs’), which can be included in our digital platforms and newsletters (including email) and are usually used in combination with cookies to identify your device or browser, and your online behavior.

Web beacons will in particular not be used in case you objected to the use of the relevant cookie. Some of our websites and Services such as e-mail updates may contain electronic images called “web beacons” (sometimes known as one pixel GIFs, clear GIFs or pixel tags). Web beacons allow us to count visitors who have viewed content on websites or pages. In e-mail messages and newsletters, web beacons allow us to count how many subscribers have read them. They also allow us to develop statistical information about the activities and features that most interest to you in order to provide more personalized content. We do not use web beacons to access your personal data without your consent. 

What information do your tracking technologies collect? Can I control whether you use them?

We use tracking technologies to collect certain information about the devices that access (and therefore the visitors that use) our digital platforms. The table below shows the types of information, and how you can control whether the information is collected:

You can also control browser cookies through your browser's settings.

Do you serve targeted advertising?

Yes, we may serve targeted advertising to you using cookies and other tracking technology.

We work with a variety of advertising networks, advertising servers, and analytics companies ("Ad Partners") that use various tracking technologies (including cookies and web beacons) to collect data about you. This “Online Data” may include the following:

• web pages, apps, products and services you view and links you click on when using our websites and services as well as third-party websites;
• our e-mails that you view and links you click on within that e-mail;
• whether you view or click on ads that are shown to you;
• demographic or interest data, including general geographic location;
• offline purchase data that may be combined with Online Data to create a better profile regarding your interests or purchasing preferences; and
• search terms you enter when using certain search services.

We collect this Online Data so that we and our Ad Partners can deliver ads to you based on your interests (which are inferred based on the Online Data about you).

Using our Ad Partners, we may also display our ads on third party digital platforms. Sometimes, these ads are based on the content of the digital platforms on which they appear. Other times, they are generated when we or one of our Ad Partners matches the ad to your interests (which again is inferred based on the Online Data about you).

This is known as interest-based advertising. Our objective is to show you ads that will be of most interest to you. To do this, we and some of Ad Partners use tracking technologies (such as cookies and web beacons) to collect Online Data. Typically, Online Data is aggregated with other data to create segments, such as groups of users and certain general interest categories that our Ad Partners have inferred based on a variety of factors

In addition, we and our Ad Partners use this Online Data for a variety of other purposes, including (a) to report website traffic, statistics, advertisement data and other interaction with ads and the websites on which they are served, and (b) to measure the effectiveness of web-based and e-mail ads.

Do you use Google analytics or other website analytics tools?

This touchpoint uses Google Analytics, an analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the touchpoint analyze how users use the touchpoint. The information generated by the cookie about your use of the touchpoint (including your IP address) will be transmitted to Google in the USA. Next, no matter where the IP address originates from (Member States of the European Union, other parties to the Agreement on the European Economic Area, or elsewhere) Google anonymizes the last octet of the IP address (for IPv4 addresses) or the last 80 bits (for IPv6 addresses) (a process known as “IP masking”). Google does this because we have activated its “anonymizeIP” system for all countries. Finally Google stores the anonymized data on servers in the USA. Google uses this information on our behalf for the purpose of evaluating your use of the touchpoint, compiling reports on website activity for us, and providing us with other services relating to touchpoint activity and internet usage. Google will not associate your IP address with any other data they hold.

As explained in the table above, you may prevent Google from collecting and using data (cookies and IP address) by downloading and installing the browser plug-in here.

Follow these links for further information concerning the terms and conditions of our use of Google analytics External reference, the information that Google provide on data privacy and security, and Google’s data privacy notice.

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.

Spanish Affiliate

Philip Morris Spain, S.L.

Calle José Lázaro Galdiano, 6

28036, Madrid

+34 900 15 20 15