Philip Morris Products S.A.
Quai Jeanrenaud 3
Telephone: +41 58 242 1111
The Commercial Register of the Canton of Neuchâtel
Federal number: CH-645.1.002.936-3
VAT number: CHE-116.276.488
You have been guided here in connection with your download or use of a digital touchpoint (the “touchpoint”) that is operated by a member of the Philip Morris International group of companies.
What is a “touchpoint”? In these terms, we refer to any method by which you are in contact with us as a “touchpoint”. Some touchpoints are digital – for example, apps and websites.
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 touchpoint in connection with which you have been guided here.
Limits of liability: By using the touchpoint, you accept certain limits of liability, which we explain throughout these Terms. In summary: you use the touchpoint 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.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE TOUCHPOINT.
Further terms: If you wish to use certain sections of this touchpoint 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 touchpoint following such changes. If you then continue to use the touchpoint, your use will mean you accept the updated Terms. The date at the top of this page shows when these Terms were last updated.
This site includes links to other sites, some of them operated by PMI subsidiaries and some of them operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
Use of the touchpoint
The touchpoint is intended to be used by adults aged 18 and above (or, if higher, the minimum age required for the purchase of tobacco by the law of your country) who are interested in unsmoking themselves, someone they care about or the world (“Intended User”). If you do not meet these requirements, you must not use the touchpoint.
To ‘unsmoke’ means to rid smoke from your life. The act of unsmoking unites smokers and nonsmokers who want to unsmoke themselves, family and friends. The best way to unsmoke is to quit cigarettes and nicotine completely, but the next best way is to switch to better alternatives.
To receive the newsletter, you must give us some personal information to enable us to verify your eligibility to receive it. Typically, this will be name, confirmation of adult status, country of residence and e-mail address. We will hold this in accordance with our Privacy Notice (see the “Privacy and Cookies” section below for more information.)
Modification and suspension of the touchpoint
We reserve the right to modify, suspend, or terminate operation of or access to the touchpoint, or any portion of it, at our discretion. For example, we may terminate operation of the touchpoint for users if we have reason to believe that the touchpoint is being used by someone who is not an Intended User.
We may also update the touchpoint and change the content at any time. Although we make reasonable efforts to update the information on the touchpoint, 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 touchpoint, 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 touchpoint and Materials
The touchpoint 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 touchpoint or any Material.
The touchpoint and the Material are provided solely for your personal, private use. You may not use them for any other purposes (for example, you may not use them for business or commercial purposes). Note the paragraph on “Limit of Liability” below.
The touchpoint 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 touchpoint to any website.
Privacy and cookies
To the extent that in the touchpoint we collect any personal information about you, we will collect and process it in accordance with our Privacy Notice. Please read it to find out more about what personal information we collect about you, how we use it, with whom we share it, how we protect it, your rights and how you can exercise them.
You should review our Privacy Notice and Cookie Notice before using the touchpoint and, like these Terms, we may change them at any time.
These paragraphs apply if the touchpoint allows you to upload materials on it
You warrant that all tangible and intangible materials and ideas, including text, drawings, designs, photographs, videos, sketches, that you upload to the touchpoint (“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 uploading the Materials on the touchpoint you license us to use the Materials for the purposes explained on the touchpoint where you have the option of uploading them.
Although we do our best to provide an informative touchpoint that you will enjoy using, unless where we have expressly set out to the contrary in these Terms, the touchpoint is made available to you on an “as is” basis. Also:
(a) it is your responsibility – not ours – to ensure that the touchpoint is suitable for your intended purposes when you use it;
(b) we accept no liability to you in respect of the touchpoint (subject to the paragraph on “Limit of Liability” below); and
(c) we accept no liability as to the suitability or fitness of the touchpoint in meeting your needs and, to the fullest extent permitted by law, we exclude all express or implied promises and warranties, including:
- that the touchpoint, or any content contained in or delivered via the touchpoint or otherwise made available in connection with the touchpoint, is accurate, complete, timely, up-to-date, suitable, or will operate in an error-free manner;
- that access to the touchpoint will be uninterrupted, or error-free; and
- that the touchpoint, or the computer systems from which the touchpoint is made available, are free of viruses or other harmful components.
Limitation 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 touchpoint 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 touchpoint or on any website linked to it.
You acknowledge and agree that the operation of the touchpoint 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 touchpoint or the systems transmitting the touchpoint 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 touchpoint (the “Jurisdiction”) govern these Terms and your use of the touchpoint. 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 touchpoint 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 [firstname.lastname@example.org] if:
- you believe that the touchpoint 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 touchpoint.
Effective 4 June 2019
What are Cookies?
Cookies are small text files that are placed on your device when you visit a site, which are then used to identify your device for the purposes described below.
Cookies set by the owner of a site 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 site (like analytics, advertising and videos). The parties that set these third party cookies can recognize your device both when it visits our site, and when it visits certain other sites.
Find out more: Cookiepedia
These are strictly necessary to deliver the site, or features of it that you have selected, in a convenient way. Examples: remember who you are, your preferences and your settings, so you don’t need to enter them each time you change page. These cookies are essential to operate the site, or to deliver the features you request, so this tool does not allow you to opt out. Nevertheless, if you wish you can set your browser to reject all cookies, in which case the site may not display properly, and the features you select may not be available.
These allow us to understand how people use the site, and how well it performs. They allow us to improve the way the site operates. We receive only anonymous information from these technologies: the information they collect is reduced so that it identifies only the area where you are located, then aggregated, before we receive it. You can opt in or out of their use as you wish.
These track your use of our site, and other sites, so that we can serve your device, when it visits this site or other sites, with information targeted to the use they have tracked. This includes showing you advertisements, and personalizing the content of our communications with you, to suit your preferences. This may involve also aggregating this data to gain a better understanding of the environment. Example: One of our service providers engages third parties to track and analyze use and volume statistical information from individuals who visit the digital platform. You can opt in or out of their use as you wish.
Who are we?
We are a member of Philip Morris International. Our details (name, address, etc.) will have been given to you separately at the time of (or to confirm) the collection of information about you, for example, in a notice on an app or a website, or in an e-mail, containing a link to this notice.
Find out more…
- PMI: Philip Morris International, a leading international tobacco group. It is made up of a number of companies or “affiliates”.
- PMI affiliates: Each member of the Philip Morris International group of companies is a “PMI affiliate”. “We” (or “us” or “our”) refers to the PMI affiliate that first collected information about you.
- PMI product: means a product of ours or of another PMI affiliate.
How do we collect information about you?
We may collect information about you in various ways.
- You may provide us with information directly (e.g. if you register to receive PMI press releases or e-mail alerts; when you submit content to a digital PMI touchpoint, or fill in a form, or make a call to us).
- We may collect information automatically (e.g. when you use a PMI app or website).
In this notice, we refer to the methods by which you are in contact with us as “PMI touchpoints”. PMI touchpoints include both physical (for example, events), and digital (for example, apps and websites).
Find out more…
We may collect information that you provide directly. Typically this will happen when you:
- sign up to be a member of our databases or register to receive PMI e-mail alerts or corporate communications (this could, for example, be in person or via a digital touchpoint);
- submit or upload content to a digital touchpoint;- 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;
- participate in PMI surveys or (where permitted by law) PMI competitions or promotions in relation to events; or
- attend an event that a PMI affiliate has organised.
We may collect information about you automatically. Typically this will happen when you:
- attend an event that a PMI affiliate has organised (e.g. 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 (for example, PMI campaigns).
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 arrange your attendance and accommodation at an event
- nformation required for your participation in activities at an event
- information necessary to provide you with press releases, e-mail alerts or newsletters
- information you give us in forms or surveys
- information you give us when you submit content to a digital touchpoint
- information about your visits to our events or PMI touchpoints
- information you give us in calls you make to switchboards or call centres (for example, in connection with an event)
- information about your preferences and interests
- information necessary to verify your identity and age
Find out more…
Information that we collect from you directly will be apparent from the context in which you provide it. For example:
- if you choose to attend an event that may include the booking of accommodation and transport, you provide your name, contact, passport or identity document details so that we can facilitate the required bookings;
- if you submit content to a digital PMI touchpoint, you may provide your name, username, contact, image, location, interests and preferences;
- you may provide information on your preferences and interests so that we can offer you services and updates that will interest you;
- if you choose to participate in an event activity;
- we may collect information that enables us to verify your identity and age, for example a copy of an identity document or your facial image.Information that we collect automatically will generally concern:
- at an event (including areas in the immediate vicinity), which areas you visit and for how long;
- details of your visit or call (such as time and duration);
- 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 (where appropriate) verifying your age and identity
- To administer our contract for user generated content with you (where you submit content to a digital PMI touchpoint)
- To provide you with press releases, e-mail alerts and newsletters
- To enable you to use PMI touchpoints, and to customize your experiences of PMI touchpoints
- For general business administration, and to support all the above, including administering your accounts, corresponding with you, and
administration and troubleshooting, or facilitating your accommodation and transport in order to secure your attendance at an event or participation in an event activity and corresponding with you
- For business analytics and improvements, including improving PMI products, PMI touchpoints, and the information that we (or our affiliates) provide to those interested in our companies
- 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, or where law requires it, your consent (which we will ask for before we process the information).
Find out more…
The purposes for which we use information about you, with corresponding methods of collection and legal basis for use, are:
Method of collection and legal basis for Processing
Comply with regulatory obligations
verify your age and identity
This information is generally provided to us by you directly.
We use it because it is necessary for us to comply with legal obligations, in certain areas of our business, to deal only with adults, or, in countries where there is no such legal obligation, because we have a legitimate business interest to deal only with adults, that is not overridden by your interests, rights and freedoms to protect information about you.
Administer our contract for user generated content with you (where applicable)
where you submit content to a digital PMI touchpoint, we use information about you and the content you submit to fulfil, and in accordance with, our user generated content terms
This information is generally provided to us by you directly.
We use it on the grounds that it is necessary for us to fulfil our contract with you and on the grounds that we have a legitimate business interest to administer our relationship, to use content you submit to a digital PMI touchpoint, and to operate PMI touchpoints, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.
Deliver PMI touchpoints, press releases, e-mail alerts and newsletters
enabling you to use PMI touchpoints (for example, allowing you to remain logged in to sections of a touchpoint that are reserved for authorized users only; administering your language preference; administering your accounts)
delivering PMI press releases, e-mail alerts and newsletters
customizing your experience of PMI touchpoints (for example, to personalize your visit, such as with greetings or suggestions that might interest you)
administering your accounts and troubleshooting
This will typically be a combination of information that you provide to us (for example, your name and contact and social media details); and information that we collect automatically (for example, using technology to monitor use of PMI touchpoints).
We use it on the grounds that we have a legitimate business interest to operate PMI touchpoints, and to customize your experiences, in these ways that is not overridden by your interests, rights and freedoms to protect information about you.
general organizational management, business record keeping, administration and troubleshooting
administering and running events including the administration and facilitation of accommodation and transport to attend events or participation in an event activity, and the organisation of security at the event
correspondence in relation to our relationship with you, including to deal with your inquiries and requests - IT systems development, implementation, operation and maintenance
maintaining the security of systems and devices
the operation of contact databases
We will generally receive the information from you directly.
We use it because we have a legitimate business interest to run our business (including organising events), manage our relationship with you and maintain the security and integrity of our IT systems and events that is not overridden by your interests, rights and freedoms to restrict use of information about you.
Security and systems monitoring
authentication and access controls and logs, where applicable
This information is collected automatically through various means such as automated systems and device monitoring.
We use it because we have a legitimate business interest in ensuring the confidentiality, integrity and security of our digital infrastructure that is not overridden by your interests, rights and freedoms to protect information about you.
Business analytics and improvements
allowing us or our business partners to inform you of potential opportunities to get involved in communicating PMI campaigns
for business analytics and improvements (including for PMI products, outlets that sell PMI products, events, digital PMI touchpoints and the information that we (or our affiliates) provide to those interested in our companies)
This will typically be a combination of information that you provide to us; information that we collect automatically; and (where permitted by law) information that we acquire from third parties. We use it on the grounds that we have a legitimate business interest to analyze and to improve our business performance, our products, PMI touchpoints, events, and to invite others to get involved in communicating PMI campaigns that is not overridden by interests, rights and freedoms to protect information about you.
Where we do not base our use of information about you on one of the above legal bases, or where law requires it, 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, including travel agencies who will use the data for the purposes of arranging or facilitating travel and accommodation at events;
- PMI affiliates’ carefully selected business partners (in areas connected with our events) 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.
We share information about you with others only in accordance with applicable laws. Thus, where law requires your consent, we will first ask for it.
Find out more…
Sharing data with other PMI affiliates
- Information about you will be shared with Philip Morris Products S.A. (based in Neuchâtel, Switzerland), which is the place of central administration of personal data processing for PMI affiliates. Philip Morris Products S.A. 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 about a PMI affiliate’s event, campaign or general activities in another country) in order to enhance our service to you.
Details of PMI affiliates and the countries in which they are established are available view pdf here.
Country-specific additional points
According to which country you are in, we want you to be aware of some further points. If you are in Japan,
Find out more…
If you are in Japan, note that we share information about you, for the purposes described in this notice, with other PMI affiliates on the basis of “joint use” under Japanese data protection laws. When we do this, Philip Morris Japan Limited (PMJ) continues to manage your personal information responsibly, and we require those with whom we share the data to do the same. Further, if they are located outside Japan, we take reasonable measures in accordance with the relevant laws and regulations. Sharing data with Third Parties
- To the extent permitted by applicable law, we may share information about you with third parties who provide PMI affiliates or you with services (such as travel agents, logistic service providers, advisers, payment service providers, information services providers and age verification providers).
- To the extent permitted by applicable law, we may share information about you with PMI affiliates’ carefully-selected third party business partners (in line with the kind of thing you might associate with our events) so that they can contact you with offers 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 (for example, if you are in the European Economic Area (“EEA”), your information may be transferred outside the EEA; if you are in Australia, you information may be transferred outside Australia).
Find out more…
When using information as described in this notice, information about you may be transferred either within or outside the country or territory where it was collected, including to a country or territory that may not have equivalent data protection standards.
For example, PMI affiliates within the EEA may transfer personal information to PMI affiliates outside the EEA. In all such 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.
Our service providers are located in many countries throughout the world, including in particular the EEA, Switzerland, the USA, Canada, India, the Philippines, Indonesia, and Australia.
How do we protect information about you?
We implement appropriate technical and organisational measures to protect personal information that we hold from unauthorised disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.
How long will information about you be kept?
We will retain information about you for the period necessary to fulfil the purposes for which the information was collected. After that, we will delete it. The period will vary depending on the purposes for which the information was collected. Note that in some circumstances, you have the right to request us to delete the information. Also, we are sometimes legally obliged to retain the information, for example, for tax and accounting purposes.
Find out more…
Typically, we retain data based on the criteria described in the table below:
Explanation/typical retention criteria
communication of PMI campaigns and events to you (if you use digital touchpoints and are contactable)
Most of the information in your profile is kept for the duration of our relationship with you; for example, while you continue to use digital touchpoints, or respond to our communications. However, some elements of your profile, such as records of how we interact with you, naturally go out of date after a period of time, so we delete them automatically after defined periods (typically 15 months as appropriate for the purpose for which we collected them).
communication of PMI campaigns and events to you) (if you are no longer in contact with us)
This scenario is the same as the above, but if we don’t have any contact with you for a long period (typically 6 months year), we will stop sending you communications and delete your history of responses to them. This will happen, for example, if you never click through to an invitation to an event, or log on to a digital touchpoint, during that time. The reason is that in these circumstances, we assume you would prefer not to receive the communications.
PMI campaign and event communication to you (if you are not contactable)
If you have registered to receive communications, but the information you give us to contact you doesn’t work, we will retain your details for a period of typically only 6 months to allow you to return and correct it.
database records, e-mail alert records
If you have signed up to receive e-mail alerts (and similar) or to use a PMI digital touchpoint, most of the information in your profile is kept for the duration of the period you continue to receive the alerts, use the digital touchpoint, or respond to our communications. However, some elements of your profile, such as your history of use of the PMI digital touchpoint, naturally go out of date after a period of time, so we delete them automatically after defined periods as appropriate for the purpose for which we collected them.
system audit logs
System audit logs are retained typically for a period of 18 months.
Business analytics data is typically collected automatically when you use PMI touchpoints and anonymised/aggregated shortly afterwards.
What rights and options do you have?
You may have some or all of the following rights in respect of information about you that we hold:
- request us to give you access to it;
- request us to rectify it, update it, or erase it;
- request us to restrict our using it, in certain circumstances;
- object to our using it, in certain circumstances;
- withdraw your consent to our using it;
- data portability, in certain circumstances;
- opt out from our using it for direct marketing; and
- lodge a complaint with the supervisory authority in your country (if there is one).
We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.
Some mobile applications we offer might also send you push messages, for instance about the events. You can disable these messages through the settings in your phone or the application.
Find out more…
The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.
Right in respect of the information about you that we hold
Further detail (note: certain legal limits to all these rights apply)
to request us to give you access to it
This is confirmation of:
whether or not we process information about you
our name and contact details
the purpose of the processing
the categories of information concerned
the categories of persons with whom we share the information and, where any person is outside the EEA and does not benefit from a European Commission adequacy decision, the appropriate safeguards for protecting the information
(if we have it) the source of the information, if we did not collect it from you
(to the extent we do any, which will have been brought to your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning you, or significantly affects you in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for you; and
the criteria for determining the period for which we will store the information.
On your request we will provide you with a copy of the information about you that we use (provided this does not affect the rights and freedoms of others).
to request us to rectify or update it
This applies if the information we hold is inaccurate or incomplete.
to request us to erase it
This applies if:
the information we hold is no longer necessary in relation to the purposes for which we use it;
we use the information on the basis of your consent and you withdraw your consent (in this case, we will remember not to contact you again, unless you tell us you want us to delete all information about you in which case we will respect your wishes);
we use the information on the basis of legitimate interest and we find that, following your objection, we do not have an overriding interest in continuing to use it;
the information was unlawfully obtained or used; or
to comply with a legal obligation.
to request us to restrict our processing of it
This right applies, temporarily while we look into your case, if you:
contest the accuracy of the information we use; or
have objected to our using the information on the basis of legitimate interest
(if you make use of your right in these cases, we will tell you before we use the information again).
This right applies also if:
our use is unlawful and you oppose the erasure of the data; or
we no longer need the data, but you require it to establish a legal case.
to object to our processing it
You have two rights here:
(i) if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request; and
(ii) if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.
to withdraw your consent to our using it
This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context.
to data portability
(i) you have provided data to us; and
(ii) we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you,
then you have the right to receive the data back from us in a commonly used format, and the right to require us to transmit the data to someone else if it is technically feasible for us to do so.
to lodge a complaint with the supervisory authority in your country
Each European Economic Area country must provide for one or more public authorities for this purpose. You can find their contact details here:
For other countries please consult the website of your country’s authority.
Country-specific additional points
According to which country you are in, you may have some additional rights.
If you are in France,
Find out more…
• If you are in France, you have the right to give us instructions regarding information we hold about you in the event of your death (specifically, whether we should store or delete it, and whether others should have the right to see it). You may:
(A) issue general instructions to a digital service provider registered with the French data protection supervisory authority (called “CNIL”) (these instructions apply to all use of information about you); or
(B) give us specific instructions that apply only to our use of information about you.
Your instructions may require us to transfer information about you to a third party (but where the information contains information about others, our obligation to respect also their privacy rights might mean that we can’t follow your instructions to the letter). You may appoint a third party to be responsible for ensuring your instructions are followed. If you do not appoint a third party in that way, your 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).
If you are in Australia,
Find out more…
• If you are in Australia, the following additional information applies to you:
(A) if you do not provide your personal information to us, we may not be able to (as applicable) provide you with the information that you request; and
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. Where the law requires it, we will notify you of the changes; further, where the law requires it, we will also obtain your consent to the changes.
First version: 23 May 2019
Social media rules of engagement
We want to accelerate the drive to rid our world of cigarette smoke. Join us on our social media sites and find out more about Unsmoke Your World. We have created our social media sites to foster these conversations. They have not been created to market, advertise or promote our products, brands or securities.
These rules of engagement (“Rules”) are intended to ensure that meaningful, constructive, and transparent discussions take place on our social media sites. We are currently present on Facebook, Twitter and Instagram.
Our social media sites are not intended for anyone under 18 years of age, and all contributions must be made by people who are 18 years of age or older.
You are responsible for all contributions you make on our social media sites. We do not make any commitment to respond to every contribution.
We expect all contributions to be polite, and relevant to the topic that is being discussed. Accordingly, your contributions must not:
be inappropriate, offensive, abusive, defamatory, racist, hateful, sexist, obscene, homophobic, inflammatory or irrelevant to the topics being discussed;
be indecent, sexually explicit or pornographic;
be false, inaccurate, misleading or based on rumors;
be excessively repetitive or constitute ‘spam’;
reveal the personal information of any other person;
infringe any third party’s intellectual property rights (such as copyright, database rights, trade secrets, confidential information or trademarks);
impersonate any other person;
offer to sell or solicit an offer to buy any securities of Philip Morris International Inc.;
advertise, promote, market or endorse our products and brands; or
advertise, promote, market or endorse any other third party, or any third party’s goods, services or brands.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our social
media sites constitutes a violation of any applicable law, their intellectual property rights, or of their right to privacy.
The views expressed by other users on our social media sites do not represent our views or values.
We monitor our social media sites to ensure contributions are relevant and comply with these Rules. We are available on our social media sites between 9am and 6pm UTC+1.
CUSTOMER SERVICES QUERIES
We do not use our social media sites to respond to customer service queries. Instead, please visit https://www.pmi.com/contact-us for further information on how to submit customer service-related queries.
OUR SOCIAL MEDIA SITES
We do not guarantee that the content we make available on our social media sites is fully accurate, complete, or current. The content is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete, or more up-to-date sources of information. Any reliance upon the content on our social media sites shall be at your own risk. Our social media sites may contain historical information.
Historical information is not necessarily current and is provided for your reference only.
Any “follows,” “likes,” “retweets,” or similar indications by us are not, and should not be construed as being, an endorsement of any kind.
While we have official social media sites on external social media platforms this does not mean that we endorse those platforms or that we are responsible for their products or services.
If you access external social media platforms, you do so at your own risk, and we are not responsible for any losses or other damage you suffer as a result of such use.
You may share content that we post on our social media sites, provided that you do not modify it.
Philip Morris International Inc.’s social media sites are operated by Philip Morris Products S.A.. Philip Morris International, Inc. is the parent company of Philip Morris Products S.A.. The terms “Philip Morris International”, “PMI”, “PMI subsidiaries”, “we”, “us” and “our” refer, as appropriate in the context, to Philip Morris International, Inc., or one or more of its subsidiaries.
If you wish to complain about any contribution posted to our social media sites, please contact our team at email@example.com . When you submit a complaint, please outline the reason for your complaint, and specify where the contribution you are complaining about is located. We may request further information from you about your complaint before we process it. We will then review the contribution and decide whether it complies with these Rules.
INTELLECTUAL PROPERTY RIGHTS
We respect the intellectual property rights of others and we expect you to do the same. You warrant that all the content you post on our social media sites is your own original work, or if it is covered by intellectual property rights owned by a third party, you warrant that the owner of the content has granted you permission to use the content consistent with the manner and purpose of your use.
Using our social media sites to distribute unauthorized copies of copyrighted material is strictly prohibited.
Repeat violations of a third party’s intellectual property rights may result in the banning or blocking of your account from our social media sites. We have sole discretion to take any such action. Any action or inaction of us shall not be construed as any endorsement of any intellectual property rights infringement claim.
Please note that by contributing to our social media sites, you are granting PMI a non-exclusive, worldwide, transferable, sub-licensable, royalty-free right to freely use, display, copy, edit, alter, republish, redistribute, or otherwise use your contribution in any way we decide (whether for commercial or non-commercial purposes) in any media or through any distribution method. You are responsible for ensuring that you can grant us this right.
If you think that any work on our social media sites has been copied in a manner that constitutes an intellectual property rights infringement, please contact us at firstname.lastname@example.org
On our social media sites we may include links to other sites. Some of them might be operated by us, and some of them might be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained in those other sites. We have not necessarily reviewed all the information on other sites and are not responsible for the content of any other sites or for any products or services that may be offered through other sites. We will not be liable for any loss or damage that may arise from your use of them.
Third-party sites may contain information with which we do not agree. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.
Different terms and conditions may apply to your use of any linked sites. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access through links to other sites are the sole responsibility of the person from whom such content originated.
SECURITIES OF PHILIP MORRIS INTERNATIONAL INC.
We are not providing investment advice through our social media sites, and the information and materials available through such sites should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Philip Morris International Inc. If you decide to use any information or material available through such sites in assessing whether to buy or sell securities of Philip Morris International Inc., please be aware that the information and material generally reflect past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.
Your use of our social media sites 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 sites 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 noninfringing; 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.
LAW AND JURISDICTION
The laws of Switzerland govern these Rules and your use of our social media sites, and you irrevocably consent to the exclusive jurisdiction of the competent courts located in Lausanne, Switzerland for any action to enforce these Rules. We recognize that it is possible for you to obtain access to our social media sites from any jurisdiction in the world, and we have little practical ability to prevent such access. Our social media sites have been designed to comply with the laws of Switzerland. The businesses conducted by the subsidiaries of Philip Morris International, Inc. operate in various countries throughout the world and comply with the laws of the particular jurisdictions in which they operate. If any material on our social media sites, or your use of our social media sites, is contrary to the laws of the place where you are when you access it, those social media sites are not intended for you, and we ask you not to use our social media sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THESE RULES
We may change these Rules without informing you. It is your responsibility to check periodically for any changes we make to these Rules. Your continued use of our social media sites following the posting of any changes to these Rules means you accept the changes.
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