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.

• PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
• PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.
• PMI product: means a product of ours or of another PMI affiliate.

How do we collect information about you?

We may collect information about you in various ways.

• You may provide us with information directly (e.g. filling in a form, or making a call to us).
• We may collect information automatically (e.g. when you use a PMI app or website).
• We may acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter).

In this notice, we refer to all the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, retail outlets and events), and digital (for example, apps and websites).

We may collect information that you provide directly. Typically this will happen when you:

• sign up to be a member of our databases (this could be, for example, in person, via app, or online);
• purchase PMI products or services at a retail outlet;
• download, or use, a digital touchpoint (e.g. an app or a website);
• contact us through a touchpoint, or by e-mail, social media or telephone;
• register a device with us;
• subscribe to a PMI panel portal;
• register to receive PMI press releases, e-mail alerts, or marketing communications;
• participate in PMI surveys or (where permitted by law) PMI competitions or promotions; or
• attend an event that a PMI affiliate has organised.

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

• visit an outlet that sells PMI products (e.g. by collecting your data at check-out, or through sensors at the outlet that connect with mobile technology);
• attend an event that a PMI affiliate has organised (e.g. through purchases at the event or through sensors at the event that connect with mobile technology);
• communicate with us (for example, through a touchpoint; or social media platforms);
• use PMI touchpoints (e.g. through tracking mechanisms in an app or a website); or
• make public posts on social media platforms that we follow (for example, so that we can understand public opinion, or respond to requests concerning PMI products).

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

Where permitted by law, we may acquire information about you from third parties. This may include information shared between PMI affiliates, publicly-available profile information (such as your preferences and interests) on third party social media sites (such as Facebook and Twitter), and marketing lists acquired from third party marketing agencies.

We may also collect information in other contexts 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 fulfil your order;
• you may provide information on your product preferences and interests so that we can offer you products and services that will interest you;
• if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
• we may collect information that enables us to verify your age, for example a copy of an identity document or your facial image.

Information that we collect automatically will generally concern:

• details of your visit or call (such as time and duration);
• in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
• your use of digital PMI touchpoints (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the touchpoint); and
• your device (such as your IP address or unique device identifier, location data, details of any cookies that we may have stored on your device).

Information that we collect from third parties will generally consist of publicly-available profile information (such as your preferences and interests), for example from public social media posts.

For what purposes do we use information about you, and on what legal basis?

In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.

Subject to the above, we use information about you for the following purposes:

• To comply with regulatory obligations, such as verifying your age and status as a user of our products
• To sell our products to you, including fulfilling your orders, processing your payments
• To provide sales-related services to you, including dealing with your inquiries and requests, and providing warranty services
• To market our products (where permitted by law), including administering loyalty programs, product improvement, market research, developing marketing strategies, administering marketing campaigns, and customizing your experiences at outlets that sell PMI products and at events
• For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting PMI products
• To support all the above, including administering your accounts, enabling you to use PMI touchpoints, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of PMI touchpoints, and administration and troubleshooting
• For business analytics and improvements, including improving PMI products, outlets and events, and the information that we (or our affiliates) provide to our customers
• For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected

The legal basis for our use of information about you is one of the following (which we explain in more detail in the “find out more” section):

• compliance with a legal obligation to which we are subject;
• the performance of a contract to which you are a party;
• a legitimate business interest that is not overridden by interests you have to protect the information;
• where none of the above applies, your consent (which we will ask for before we process the information).

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:

• PMI affiliates;
• third parties who provide PMI affiliates or you with products or services;
• PMI affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
• other third parties, where required or permitted by law.

Sharing data with other PMI affiliates

• Information about you will be shared with Philip Morris International Management SA (based in Lausanne, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris International Management SA processes the information about you for all the purposes described in this notice.
• Information about you may be shared with the PMI affiliate that is responsible for the country in which you live (if it wasn’t the PMI affiliate that first collected the information) for all the purposes described in this notice.
• Information about you may be shared with any other PMI affiliate that you contact (for example, if you travel and you want to know where to buy PMI products in a new country, or where to find service or support for PMI products) in order to enhance our service to you.

Details of PMI affiliates and the countries in which they are established are available at www.pmi.com.

Sharing data with Third Parties

• We may share information about you with third parties who provide PMI affiliates or you with products or services (such as advisers, payment service providers, delivery providers, retailers, product coaches, information services providers and age verification providers).
• We may share information about you with PMI affiliates’ carefully-selected third party business partners and advertisers (in line with the kind of thing you might associate with our products, for example because they have similar or complementary image, style, or functionality) so that they can contact you with products, services and promotions that they think may interest you, in accordance with your preferences.
• We may share information about you with other third parties, where required or permitted by law, for example: regulatory authorities; government departments; in response to a request from law enforcement authorities or other government officials; when we consider disclosure to be necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; and in the context of organisational restructuring.

Where might information about you be sent?

As with any multinational organisation, PMI affiliates transfer information globally. Accordingly, information about you may be transferred globally (if your information is collected within the European Economic Area, this means that your information may be transferred outside it).

When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.

For example, PMI affiliates within the European Economic Area (“EEA”) may transfer personal information to PMI affiliates outside the EEA. In all cases, the transfer will be:

• on the basis of a European Commission adequacy decision;
• subject to appropriate safeguards, for example the EU Model Contracts; or
• necessary to discharge obligations under a contract between you and us (or the implementation of pre-contractual measures taken at your request) or for the conclusion or performance of a contract concluded in your interest between us and a third party, such as in relation to travel arrangements.

In all cases, appropriate security measures for the protection of personal information will be applied in those countries or territories, in accordance with applicable data protection laws.

How do we protect information about you?

We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.

How long will information about you be kept?

We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.

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, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
• issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
• give us specific instructions that apply only to our use of information about you.

Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, you successors will (unless you specify otherwise in your instructions) be entitled to exercise your rights over information about you after your death:

• in order to administer your estate (in which case your successors will be able to access information about you to identify and obtain information that could be useful to administer your estate, including any digital goods or data that could be considered a family memory that is transferable to your successors); and
• to ensure that parties using information about you take into account your death (such as closing your account, and restricting the use of, or updating, information about you).

You may amend or revoke your instructions at any time. For further information on the processing of information about you in the event of your death, see Article 40-1 of the law 78-17 dated 6 January 1978. When you die, by default, you will stop using your account and we will delete information about you in accordance with our retention policies (see the paragraph “How long will information about you be kept?” for details).

Who should you contact with questions?

If you have any questions, or wish to exercise any of your rights, you can find contact details for the relevant PMI affiliate, and if applicable data protection officer, here. Contact details will also be given in any communications that a PMI affiliate sends you.

If your country has a data protection authority, you have a right to contact it with any questions or concerns. If the relevant PMI affiliate cannot resolve your questions or concerns, you also have the right to seek judicial remedy before a national court.

Changes to this notice

We may update this notice (and any supplemental privacy notice), from time to time. We will notify you of the changes where required by law to do so.

Last modified 27 March 2018.

General

This website, www.iqos.com (the “Website”), is intended only for consumers of tobacco products, who are adults 18 years of age and over and who reside in the Republic of Slovenia.

To use the Website a visitor shall confirm that he/she is a consumer of tobacco products, is 18 years of age or older, is residing in the Republic of Slovenia and shall agree to these Terms and Conditions for Website Use (the “Terms of Use”). If a visitor does not agree with the Terms of Use, he/she may not use the Website.

The Terms of Use are available on the Website. By visiting the Website, by further using it or by registering on the Website, it is considered that the visitor agrees to the Terms of Use. Amendments to these Terms of Use shall be published on the Website and any continued use of the Website after such amendments are posted will be considered acceptance of those changes.

Using tobacco product damages your health and is addictive. More information about this is available at: https://www.pmi.com/our-business/about-us/our-views/health-effects-of-smoking-tobacco.

Ownership and changes of the Website

This Website is operated by Philip Morris Ljubljana d.o.o. (“PM”), having its registered seat in Ljubljana, Letališka cesta 29a, 1000 Ljubljana, VAT No.: SI55739172. PM is registered at the Ljubljana District Court, registration no.: 5523869, with a share capital of : EUR 8,763.00, paid in full.

The Website features logos and other trademarks and service marks that are the property of, or are licensed to, PM. The Website may also include trademarks or service marks of third parties. All these trademarks and the property of their respective owners, and each user of the Website agrees not to use or display them in any manner without the prior written permission of the applicable trademark owner. The Website’s content is protected by intellectual property laws.

PM retains the right to change, adjust, shorten, supplement and/or delete the Website or the content thereof, at any time, without leaving the prior version available.

Access, password

The Website is intended only for consumers of tobacco products aged 18 years or above, residing in Slovenia. In order to be able to access the Website, each visitor shall firstly confirm his/her age, that he/she is a consumer of tobacco products and that he/she resides in the Republic of Slovenia. In order to access all information available on the Website, a visitor must register by providing the required personal information and by determining a user password that shall be reserved for his/her use only. During the registration the visitor must also acknowledge that he/she has acquainted himself/herself with the applicable Privacy Notice. Hereinafter the term “User” shall mean a visitor that successfully finalized the registration process.

The user password is strictly personal and the User may not share them with anyone else. This measure is aimed at preventing any use of the Website by unauthorized third parties.   

Any User must immediately inform PM when he/she has reasons to believe that (i) somebody is aware of his/her user password or (ii) there is a risk that his/her user password are used in an unauthorized manner. Any User is liable for any subsequent use of his/her user password. PM takes no responsibility for the damages incurred as a result of unauthorized use of the Users user password.

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

Use of the Website

The Website and all its contents are provided solely for non-commercial and informative use. The site is not operated for advertising or marketing purposes. Using the Website or its contents, in particular the reproduction, representation, sharing, communication, placing into circulation, dissemination, change, or licensing, sale or any other exploitation whatsoever of the Website and/or the content thereof, text, parts of a text or still or animated pictures, audio data, software, as well as any other data or information, is expressly prohibited without a prior written consent of PM.

This Website may contain certain historical information that is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

We may 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 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.

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.

Disclaimer

Any use of the Website is at the visitors or User’s sole risk. The Website is provided on an "as is" and "as available" basis. PM reserves the right to restrict or terminate your access to the Website or any feature of part of the Website at any time. PM and its affiliates decline any responsibility or warranty that (i) the Website and its contents are accurate, complete and current; (ii) the access to and the use of the Website will be uninterrupted and error-free; (iii) that the Website will be secure, including  without viruses or other malware. Any visitor or User is solely responsible for any damage to his/her computer system or loss of data that results from the use of the Website and assumes the entire cost of necessary servicing or repairs.

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.

Indemnification

Any visitor or User causing a technical disruption of the Website or the systems transmitting the Website is responsible for any and all damages, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Changes of the Terms of Use

PM reserves the right, at its sole discretion, to change, add or remove these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted on the Website. Any visitor’s or User’s continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Jurisdiction and Governing Law

The laws of Republic of Slovenia govern these Terms of Use and any use of the Website. The courts located in the Republic of Slovenia have the exclusive jurisdiction for any action in regard to his Website or its Terms of Use.

Other important rights that we have under these Terms

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

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

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

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

Contact details

For any questions about the Terms of Use please contact us via our customer care toll free number 080 96 96, email us on [email protected] or write to us at Philip Morris Ljubljana d.o.o., Letališta cesta 29a, 1000 Ljubljana. 

We are Philip Morris Ljubljana d.o.o., a subsidiary of Philip Morris International Inc.

Philip Morris Ljubljana d.o.o.

Seat: Ljubljana, Letališka cesta 29a

Court of registration: Ljubljana District Court, registration no.: 5523869, share capital: EUR 8,763.00

VAT No.: SI55739172

19.3.2020

IQOS Slovenija Social Media Accounts

Terms of Use and Privacy

It is likely that You have been redirected here from one of our official IQOS social media sites (hereinafter “social media sites”), particularly from one of our social media Customer Care pages such as Facebook, Viber, Twitter or IQOS brand communication accounts on Instagram, as applicable, jointly to be referred to hereinafter as “Social Media Accounts”.

The Social Media Accounts are intended for adult smokers who want to continue to smoke or use other nicotine products and adult IQOS users residing in Slovenia market and by engaging with our Social Media Accounts You confirm You are fulfilling these criteria.

Who we are?

We are a member of the Philip Morris International (“PMI”) group of companies. We have identified ourselves to You, and given our contact details, in the website where these Terms of Use and Privacy (hereinafter “Terms”) are published or on the respective Social Media Accounts accordingly.

How do you accept these Terms? 

By using any of our Social Media Accounts, You agree to comply with these Terms. You also agree to comply with any other applicable platforms specific terms of use (e.g. Facebook’s Statement of Rights and Responsibilities, Instagram’ Terms of Use, Twitter’s Terms of Use, Viber’s terms of use etc.). 

Good Conversion Practices and Our Duty to Inform

Before we tell You what You shouldn’t do on our Social Media Accounts, here are some things You should know about IQOS:

PMI offers a variety of quality, scientifically substantiated smoke-free products that are much better choices than continued smoking. Our vision is that our smoke-free products will one day replace cigarettes.

1. Cigarette smoking causes serious diseases and is addictive. Without question, the best decision any smoker can make is to quit tobacco and nicotine use altogether.
2. PMI’s smoke-free products are for adults who would otherwise continue to smoke or use other nicotine products.
3. We do not offer PMI’s smoke-free products to people who have never used tobacco or nicotine products or who have quit using tobacco and nicotine products. Our smoke-free products are not an alternative to quitting and are not designed as cessation aids.
4. PMI’s smoke-free products are not risk free and contain nicotine, which is addictive. Switching to a smoke-free product is, however, a much better choice than smoking.
5. We support our adult smoke-free product users in their journey to full conversion through education and guidance.
6. For consumers to experience the benefits of smoke-free products, they must switch completely and abandon smoking permanently.
7. Minors should not use tobacco or nicotine in any form.
8. Pregnant women, diabetics and people with heart problems should not use any tobacco or nicotine product.

Your Contribution

We’ll regularly monitor the Social Media Accounts, responding to and passing on as many useful recommendations as we can. We are glad You are here and expect feedback and passionate conversations but let’s keep it clean and positive.

1. You are responsible for the content You post on Social Media Accounts and we reserve the right to remove any postings that contain:
   • Offensive or violent language
   • Hateful or discriminatory comments regarding race, ethnicity, religion, gender, disability, sexual orientation or political beliefs
   • Links or comments containing sexually explicit content material
   • Violations of copyright or intellectual property rights
   • Spam, link baiting or files containing viruses that could damage the operation of other people’s computers or mobile devices
   • Attacks on specific groups or any comments meant to harass, threaten or abuse an individual
   • Commercial solicitations or the promotion of a competitor
   • Confidential information or trade secrets
   • Impersonate any person or organization
2. We reserve the right to ban or block a user posting content as described above and for a pattern of inappropriate postings or as otherwise deemed necessary by us, or remove any posts on our Social Media Accounts, if we do not think that a post complies with these Terms or any other applicable platform specific terms of use. And we shall be under no obligation to notify You of any such decision.
3. License to use User Generated Content (“UGC”). We would like to re-use the content that You submit, post, send us in Direct Private Message (DM) on our Social Media Accounts.
   1. For any UGC that You share with us, you represent and warrant that:
   2. You are current user of IQOS and at least 18 years old (if You do not appear in the selected UGC) or at least 25 years old (if you appear recognizably in a given UGC);
   3. The UGC is Your original work and does not violate any intellectual property, personality or other rights which belong to a third party;
   4. Your permission to use the UGC under this agreement (“Your License”) does not violate or conflict with Your existing contractual arrangements or applicable laws;
   5. Any people recognizably appearing in the UGC including yourself are at least 25 years old, and that You have permission from those people to:
      1. photograph, record or film them ,
      2. include their photograph, sound and/or video in the UGC and
      3. if applicable, use their names for being shared by PMI and its affiliates for the purposes listed below with no consideration payable to them, and
      4. You provide PMI with a copy of their written permission if PMI requests You to do so.
   6. You keep all of Your rights to the UGC, but You hereby grant to PMI and its affiliates, a royalty free, perpetual license to use and copy, including for commercial purposes, the UGC for all lawful purposes including marketing, promoting and/or advertising of PMI’s non-combustible brands, as well as thereto related products, services and promotional materials, at PMI’s sole discretion and without any liability or warranties (express or implied) with respect to our use of it, from the date on which You grant PMI and its affiliates Your License.
   7. You grant PMI and its affiliates the rights to reproduce, modify, display and prepare derivative works, publicly perform, display, distribute, broadcast, and otherwise use the UGC, in whole or in part in any way PMI (or any of its affiliates) desires, for the above purposes, in any anticipated media for publication and in any geographies.
   8. You allow PMI and its affiliates to use the name, nickname, likeness, pseudonym, rights of publicity, voice, live or recorded performance, autograph, photographs and biographical information of You and any other people included in the UGC in accordance with our business partners privacy notice available at https://si.iqos.com/en/legal and that you have notified any other people included in the UGC of these terms.
   9. In case the UGC infringes any proprietary rights of any third party or defame or invade the privacy or publicity rights of any person, You will indemnify, defend and hold PMI and its affiliates harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses arising from or related to this breach.
   10. You agree that Your License is voluntary and You are free to enter into it with PMI.
   11. You can opt-out from Your License agreement for future UGC at any time by contacting [email protected] (email id) or by other means following instructions set in the terms of use on our channels, but even after such an opt-out Your License will remain valid and enforceable with respect to any UGC You have granted us Your License and/or posted on our channels, accounts, wherever applicable according to the respective terms of use, before the opt-out.  Please consider that processing your opt-out request might take some time, but we will do our best to do it as soon as possible.
   12. You can contact [email protected] (email id) for any queries or clarifications regarding Your License, if You believe Your copyright or intellectual property protected material has been used without authorization or if Your privacy or personality rights have been infringed.
   13. Your License will be governed by the laws of Switzerland and will be subject to the jurisdiction of courts in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Remember, posts from You or other people do not necessarily represent the views of Philip Morris International. We do not have responsibility for any content or links shared by You or other people. If You want to share this page or its content with Your own community, please, make sure the people who see Your posts are legal age smokers or adult IQOS users.

LIABILITY AND DISCLAIMERS

Your use of our Social Media Accounts is at Your sole risk. Our social media sites are provided on an "as is" and "as available" basis. Where possible, we may restrict Your access to our Social Media Accounts or any feature or part of them at any time. We disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that material on our social media sites is no infringing; that access to the site will be uninterrupted or error-free; that our social media sites will be secure; or that information on our social media sites will be complete, accurate or timely.

If anyone brings a claim against us related to Your actions or contributions, You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

To the fullest extent permitted under applicable law, You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from Your use of or inability to use our social media sites. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, Your loss of profits, loss of data, unauthorized access to and alteration of Your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Your Privacy

If You give us personal data on our Social Media Accounts, we will process it as described in our privacy notice.

Changes to these Terms

We may amend these Terms from time to time without any notice. We encourage You to check these Terms each time You access and use our Social Media Accounts in order to stay up-to-date. If you then continue to use our Social Media Accounts, Your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.

Jurisdiction

The laws of Switzerland govern these Terms and Your use of our social media sites, and You irrevocably consent to the exclusion jurisdiction of the competent courts located in Lausanne, Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.

Right to Assign, No Waivers, Severability

PMI may assign its rights and duties under these Terms to any party at any time without notice to You, unless notice to You is required by applicable law, but this will not affect Your rights or our obligations under these Terms.

Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or PMI’s rights. Users should always assume these Terms apply.

If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Thanks for reading.  Please enjoy our community!

Notes on revision:

Last modified on 19.03.2020.

1. Terms and Conditions/Eligibility for Services

1.1 These Terms and Conditions for the Use of Support & Services (Terms) are applicable to and govern access to Support & Services (Support & Services ). You should read these Terms carefully as they affect your legal rights and govern your relationship with Philip Morris Ljubljana d.o.o. (Philip Morris).
1.2      You may only use Support & Services if: (i) you are an adult smoker or an adult user of an IQOS™ and/or lil™ Device; and (ii) your main residence is in a country where Support & Services is available. However, certain Support & Services centres are only available to consumers registered in the IQOS database (si.iqos.com) with an IQOS and/or lil Device connected to their membership account (“Registered User”), as specifically set out in these Terms.
1.3      The Device connected to the membership account at si.iqos.com must comply with the conditions described in paragraph 2.1 (Device). You can link your Device to your membership account at www.si.iqos.com or by calling Customer Support Centre on 080 96 96.
1.4      By accessing Support & Services (and assuming the prescribed conditions are met) you agree to be bound by these Terms. If you register an additional Device or if these Terms change and you continue to use Support & Services, you also agree to be bound by these Terms. You shall be deemed to have accepted these Terms in the country of your registered residence as indicated in the IQOS database of Philip Morris.
1.5      If you do not agree to (or do not/can not comply with) these Terms, you may not use Support & Services.
1.6      You may not make any changes to these Terms without the express written consent of Philip Morris.
1.7      Your consumption of Support & Services is subject to our policies. We may refuse your access to Support & Services or terminate your right to use Support & Services at any time for any reason, including for breach of any of these Terms.
1.8      We also reserve the right to change these Terms at any time with prior notice. If you do not agree to the changes, you may stop using Support & Services at any time.

2.     Eligible Devices/Registration
2.1      The following Device models are eligible for registration for Support & Services:
(a)      IQOS 2.4 PLUS, IQOS 3, IQOS 3 DUO, IQOS ORIGINALS ONE, IQOS ORIGINALS DUO, IQOS ILUMA PRIME, IQOS ILUMA, IQOS ILUMA ONE, lil SOLID Ez or holders and pocket chargers for any of the listed Devices and any upgraded models thereof;
(c)      Any other Device which has been commercialised by Philip Morris in the country of purchase and registration.
2.2      The Device must have a readable and valid serial number.
2.3      All new users of a Device who register in the Philip Morris database and connect the relevant Device will be entitled to the additional Support & Services warranted by the registration of a qualifying IQOS or lil Device during the warranty period of the Device, except as otherwise set out and provided for in these Terms.
2.4     In completing the registration process to the IQOS consumers database you must provide all required mandatory information in an accurate and complete manner and keep this information up-to-date. If you do not complete the mandatory fields in the application form (such as, for example, age, email address and/or phone number) your application will not proceed. If you provide inaccurate or incomplete information Philip Morris reserves the right to refuse Support & Services for which you must be a Registered User.
2.5      Support & Services is personal to you and may not be transferred to any third party.
2.6      Your consumption of Support & Services is linked to your country of residence. As Support & Services is only available in certain countries, you must notify us of any change of residence if you wish to continue to use Support & Services.

3.      Term and Termination
3.1      Your consumption of and participation in Support & Services is effective from the date of acceptance of these Terms. You must be a Registered User in order to exercise the rights or Services set out in Articles 4. and 5. and the Services set out in paragraphs 6.1 and 6.2 of these Terms. The rights set out in Articles 4. and 5. of these Terms apply only for the period covered by your 12-month warranty for the IQOS and/or lil Device registered in the country of purchase. Your other rights under these Terms will cease if you no longer wish to be bound by these Terms, if we cease to provide the Services or if you no longer meet certain eligibility criteria for the relevant Services.
3.2      You may terminate your participation in the Services provided by Support & Services at any time with immediate effect by notifying Philip Morris on 080 96 96. Upon termination, you will no longer have the right to use Support & Services for any of your Devices.
3.3      If you breach these Terms, Philip Morris may terminate your participation in Support & Services at any time with immediate effect. Philip Morris may also terminate your consumption of Support & Services in writing for any other reason upon 30 days’ written notice.
3.4      Your use of/participation in Support & Services entitles you to the Services described in Articles 4., 5. and 6. (Services), subject to the terms and conditions described below.

4.     Accidental damage
4.1      If your Device suffers accidental damage when used, stored or maintained in a manner expected of the average consumer and such damage affects the functionality of your Device and is not caused by your misuse or reckless behaviour (Accidental Damage), you may be eligible for a replacement Device as described in this Article 4.
4.2      You must give the damaged Device (including all components) to Philip Morris or to a third party determined by Philip Morris and you will be provided with a replacement Device equivalent to a new Device in performance and reliability. If a replacement Device of the same type is not available, a Device, in the same category, which is at least functionally equivalent will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the IQOS 3 DUO holder or the pocket charger, then only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.
4.3     Limitations from Accidental Damage
a.    You must take all reasonable precautions to protect your Device and use and maintain the Device in accordance with its instructions and the Device User Guide. If you do not do so then you are not entitled to a replacement Device.
b.    You are limited to one replacement device for Accidental Damage for each registered Device. After the first claim is settled, the Accidental Damage in your country of residence and associated Rapid Replacement Service under these Terms will cease. However, you can still receive the remaining Services for your Device until the end of the Device’s warranty period and other Services for which you do not need to be a Registered User.
c.    You are not entitled to a replacement Device where the Accidental Damage occurred prior to the effective date of Support & Services or where any of the following circumstances are applicable:
i.    any product that is not an eligible Device as per the list contained in paragraph 2.1;
ii.    damage caused by abuse or misuse, or actual, or attempted, modification or alteration of the Device, power surge;
iii.    Devices where the serial number has been altered, defaced or removed;
iv.    Devices that have been opened, serviced, modified or altered in a manner not authorised by Philip Morris;
v.    the loss or theft of your Device;
vi.    cosmetic damage to your Device which does not affect the functionality of the Device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discoloration;
vii.    damage or malfunction caused by normal wear and tear and/or consumption of the Device;
viii.    improper handling or exposure to liquids, damage from fire, flood or natural disaster, war or terrorism;
ix.    malfunction due to consumption with a non-compatible product;
x.    damage or malfunction caused by failure to use as described in the associated IQOS/lil User Guide;
xi.    malfunction due to defects in materials and/or workmanship and/or design; however, such failures may be covered separately either by your consumer rights or by the IQOS/lil warranty that is in addition and without prejudice to all rights and remedies provided by consumer protection laws in the country of purchase.
4.4      Making a claim under Accidental Damage
a.    You must:
i.    report your claim to Philip Morris as soon as possible and no later than 14 days from the date your Device suffers Accidental Damage, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;
ii.    if requested by Philip Morris, you must provide proof of purchase for your Device; and
iii.    otherwise comply with Philip Morris’s return Devices authorisation process as communicated by Customer Support Centre.
b.    You may also make a claim via the Customer Support Centre in your country of residence by calling 080 96 96 as listed on the website and providing the same information detailed in paragraph 4.4(a).
c.    Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways:
i.    Carry-in service. You may return the defective Device to the designated sales and service points where Support & Services under these Terms can be claimed and where you will be provided with a replacement Device.

5.      International Assistance
5.1      You have access to an international number (in some countries this service may be subject to a charge, so please check with your mobile operator before calling) when traveling abroad to countries where the Devices are commercialised by Philip Morris or its affiliates or an authorised partner. This service includes troubleshooting assistance from experienced Device agents and if required, replacement of your Device within (i) Accidental Damage in accordance with these Terms or (ii) Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide.
5.2      Service options, Device availability, response and delivery times may vary according to country. This service will not affect your statutory rights and rights under your Device warranty valid in the country of purchase.
5.3      Limitations from International Assistance    
(a)    The limitations contained in paragraph 4.3 (Limitation) apply to Accidental Damage replacement under International Assistance. 
(b)    The following are excluded from replacement of Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide: 
(i)    damage caused by normal wear and tear; 
(ii)    cosmetic damage (such as scratches, dents, broken plastic etc.); 
(iii)    damage caused by misuse, power surge, improper handling or fire; 
(iv)    malfunction due to use with non-compatible product; 
(v)    damage or malfunction caused by attempt to open, modify and repair, either by a user or by a service provider not accredited by the manufacturer; or
(vi)    damage or malfunction caused by failure to use as described in the associated Device User Guide.

5.4     Making a claim under International Assistance
(c)    You must: 
(i)    report your claim to customer service center by telephoning the number 080 96 96 as soon as possible and no later than 1 day from the date your Device suffers Accidental Damage or  Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide, including the following information: (1) the serial number for the affected Device; (2) description of the symptoms, problems with or causes of the damage to the Device; (3) error messages; and (4) actions taken before the Device experienced problems and any steps you took to resolve the problem;
(ii)    if requested by Philip Morris, you must provide proof of purchase for your Device; and
(iii)    follow packaging and mailing instructions given by Philip Morris for shipping the affected Device to Philip Morris; and
(iv)    otherwise comply with Philip Morris’s return Devices authorization process. 
(d)    Philip Morris will determine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device this will be provided to you in one of the following ways: 
(i)    Courier delivery.  A replacement Device will be couriered to you and you must send the affected Device to Philip Morris 
(ii)    Carry-in service. You can return your affected Device to a participating IQOS store and participating IQOS service points where you will be provided with a replacement.
(iii)    Mail-in service. Philip Morris will provide you with prepaid postage and packaging required so that you can send your affected Device Equipment to Philip Morris. Once the screening is complete, Philip Morris will return the Device or a replacement to you. Philip Morris will pay postage costs to and from your location if all instructions are followed by you.

6.      Other Services
6.1      Personal Coach: If you have agreed to receive additional information about IQOS and lil products and services and are a Registered User who agrees to these Terms, you will have the opportunity to access a remote Expert during the first few days of using the Device. The coach will help you to become familiar with the Device. Access is during normal business hours in your country of residence.
6.2      Rapid Replacement Service: This Service provides you, as a Registered User, with rapid replacement of your Device at designated points of sale and service points where the Support & Services user can make a claim under these Terms in case of Accidental Damage or Device issues defined in terms of material or workmanship when used in accordance with the Device User Guide. Eligibility for this service is determined by Philip Morris. This service is only applicable in the selected locations of your country of registration.
6.3      Stay Informed: If you have agreed to receive additional information about IQOS and lil products and services, as a user of Support & Services you also agree to receive news and information about Support & Services, invitations to attend special events such as new product launches, personalised product information, and access to exclusive content and news related to products that are manufactured or distributed by companies affiliated with Philip Morris and are sold in the Slovenian market as alternatives to continued smoking.
6.4     I’m Interested: This service allows you to be contacted by an Expert at your request, at a time convenient to you, to learn about the operation and use of the IQOS or lil Device.
6.5      Online Instructions: For your convenience, all Support & Services users have access to the IQOS and lil User Guide, which provides further details on the operation and use of the IQOS and lil Device.
6.6      Troubleshooting: As a Support & Services user, this Service provides you with instructions on how to resolve problems with your Device quickly and easily.

7.      Your obligations
You agree:
d.    not to misuse Support & Services;
e.    to keep your membership account safe and secure;
f.    where an exchange takes place, that any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and
g.    to comply with applicable law.

8.      Warranty/Limitation of Liability
8.1      As Support & Services is free of charge, it is provided ‘As Is’ and without any warranty.
8.2      Philip Morris shall not be liable to the maximum extent permitted under applicable law whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any direct losses, loss of profits, sales, revenues or savings, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising or otherwise resulting from your consumption of the Support & Services. Philip Morris shall not be liable for any of the losses described in this paragraph 8.2 even if you have informed Philip Morris of the possibility of such losses.
8.3      Nothing in this Article 8 excludes any liability that cannot be excluded by applicable law.

9.      Miscellaneous
9.1      Support & Services does not constitute an insurance policy.
9.2      Support & Services is currently available free of charge.
9.3      Details of the processing of your personal data that you provide to us are described in our Privacy Policy available at https://si.iqos.com/sl/pravna-obvestilal#obvestilo-o-varovanju-zasebnosti
9.4      These Terms are subject to the laws of the registered office of Philip Morris. Any legal dispute will be subject to the exclusive jurisdiction of the city in which Philip Morris has its registered office (Ljubljana; for Philip Morris Ljubljana, d.o.o.).
9.5      For questions, enquiries and contact details, please refer to https://si.iqos.com/en/services/get-support/contact-us or call the Customer Support Centre on freephone 080 96 96. Opening hours are listed on the website.

You must read this document carefully along with the user guide before using your IQOS device (“Device”) for the first time. This firmware licence agreement (“Agreement”) is between you ("you") and Philip Morris Products SA (“PMI”) and governs your use of the firmware (the software and instructions recorded in the memory) that operates with the Device ("Firmware"). No other person shall have any rights to enforce any of these terms.

If you download and install the Firmware or connect or otherwise use the Device, you are indicating that you have read and understood, and agree to be bound by, the terms of this Agreement. If you do not agree to the terms of this Agreement, you should not download the Firmware, you are not granted any rights whatsoever in the Firmware and you should not use the Device.

THESE TERMS

Licence. Subject to the terms of this Agreement PMI grants you a non-exclusive, non-transferable right to run the Firmware provided within the Device and any updated versions downloaded by you only on and as incorporated in the Device.  Such a right is for domestic and private use only.

Restrictions. You must not:

1. copy or distribute, sublicense, sell, lease, rent or otherwise exploit (either commercially or without charge) or transfer the Firmware (either alone or as incorporated into the Device) to any third party without PMI’s prior written consent;
2. modify, adapt, alter, translate, or create derivative works from the Firmware (unless permitted to do so by law);
3. decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive source code, from the Firmware (unless permitted to do so by law); or 
4. allow a third party to do any of the above on your behalf.

Who owns the Firmware? The Firmware and all intellectual property rights associated with it are the exclusive property of PMI (or its licensors), except to the extent that the Firmware contains third party software, as set out below. All rights in and to the Firmware not expressly granted to you in this Agreement are reserved by PMI.

Updates to the Firmware. PMI reserves the right to update the Firmware from time to time in its sole discretion, including adding, changing or removing functionalities and features. PMI is under no obligation to provide any updates to the Firmware. 

Export restrictions. You acknowledge that the Firmware may be subject to applicable import and export regulations, in particular in the United States and of the countries in which each party transacts business, specifically including U.S. Export Administration Act and Export Administration Regulations. You shall comply with any such laws and regulations as may be applicable.

Use of data. You understand and agree that PMI may collect certain technical, diagnostic and usage data relating to the Device, including as set out at https://www.pmiprivacy.com/.

Disclaimer. The Firmware is provided "as is," without any warranty. PMI disclaims all warranties, oral or written, express, implied, arising from course of dealing or use of trade, or by law.

No warranty. Any and all other warranties, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party intellectual property rights, and accuracy are expressly excluded. You shall not have the right to make or pass on and shall take all measures necessary to ensure that neither you nor any of your distributors, agents, or employees shall make or pass on any warranty or representation on behalf of PMI to any third party.

Devices are for domestic and private use only. PMI will not have liability to you for any loss of profit, loss of business, loss of earnings, business interruption, or loss of business opportunity arising out of, or in connection with the Firmware or your use of the Firmware.

What is PMI liable for? In no event will PMI or its suppliers' total cumulative liability relating to the Firmware exceed the purchase price of the Device. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for certain incidental or consequential damages. In these instances, the exclusions set out above may not apply to you.

PMI does not exclude or limit its liability to you if it would be unlawful to do so.  This includes liability for death or personal injury caused by PMI’s negligence, fraud, or breach of your consumer rights.

OTHER IMPORTANT TERMS

If you breach this Agreement, your rights to use the Firmware end. This Agreement terminates automatically if you breach any term of this Agreement. Upon the termination of this Agreement, you must stop using the Firmware and destroy all copies of the Firmware in your possession. PMI may require you to provide evidence in writing that you have complied with your obligations under this heading.

PMI may transfer this Agreement to someone else. PMI may transfer its rights and obligations under this Agreement to another organisation. PMI will contact you to let you know if it plans to do this.

You need PMI’s consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if PMI agrees to this in writing.

If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if PMI delays in enforcing this Agreement, PMI can still enforce it later. If PMI does not insist immediately that you do anything you are required to do under this Agreement, or if PMI delays in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent PMI taking steps against you at a later date. For example, if you fail to pay and PMI does not chase you but continues to provide the Device, PMI can still require you to make the payment at a later date.

Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by the laws of the jurisdiction in which the Device is sold.