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IQOS BENEFIT SHARING PROGRAM TERMS & CONDITIONS

A. PROGRAM TERMS

Welcome to the IQOS Program SHARING BENEFIT (hereinafter, “the Program”) of the company with the name "Philip Morris AB" and (hereinafter, the "Company" the "We" ) based in Karlavägen 108, 115 26, Stockholm.

Contacting the Company: For any matter related to the Program you can contact Customer Service at 020 25 10 10.

1) What is the Program:

The Program enables you, who are an adult smoker and have a profile in our database on iqos.com as a IQOS Consumer (you have created an account, purchased an IQOS device and have been age verified as a legal age user) (“Adult Consumer Profile”) to accept our terms to inform an adult smoker friend of yours so he/she can, if he/she wishes, be informed about IQOS ("the Product").

2) Who can participate in the Program:

2.1.) To be able to inform your adult smoking friends you must (cumulatively): 

a) have been age verified and have an Adult Consumer Profile on the Company's Basis, 

b) have purchased and registered at least one IQOS, 

c) and have read and accepted the IQOS general terms and conditions;  

2.2.  Your friend must be an adult smoker, and not already registered an Adult Consumer Profile or otherwise connected with our Company Base and have given consent to you. 

Henceforth a total of 2.1. and 2.2. above, constitutes the "Participation Criteria". If you or your friend do not meet these Participation Criteria, you are not eligible to participate in the Program.

The above Participation Criteria apply from now on (from the effective date of these revised terms stated at the end hereof) for all those who participate in the Program. 

3) Program Process

3.1.1 Informing your Adult Smoker Friend, who has expresses interest to you about the Products from our Company can take place by visiting the corresponding campaign page at iqos.com after you login with your credentials and fill in your adult smoker friends details.

3.1.2 In order to be able to send the invitation you must ensure the following:

a) both you and your Adult Smoker Friend fulfil the Participation Criteria

b) you yourself confirm your interest in participating in the Program with the activation process indicated to you by the Company and accept the terms of the Program in the manner provided– with the process you become a Member of the Program (hereinafter the  "Member").

c) confirm that you have correctly and truthfully entered the details of your consenting adult smoking friend in the manner indicated by the Company

d) if you do not confirm your interest in participating as well as the details of your adult smoking friend within the time period that will be indicated to you each time, all the details relating to the specific invitation (yours and your friend's) will be deleted.

Only if the above applies cumulatively will your adult smoking friend receive the message of the invitation to confirm his consent. By submitting and confirming your friend's details, you guarantee us the proper and legal fulfillment of all of the above.

3.1.3. Your adult smoker friend has 6 days from receiving the SMS message to confirm his consent (hereinafter the "Term"). As long as he confirms the above consent, he will immediately receive an update from the Company and he has the remaining time of the Term (since he confirmed his consent) to decide whether he wishes to purchase a Product through this Program using the code received for this purpose.

3.2. To complete the process of informing your friend about the Program

3.2.1. You can, after your friend declared his consent to you, inform your friend that he can visit a point of sale (physical or the online store) in order to receive information about the Product and, if he so wishes, then make a purchase using the Code.

3.2.2 In order to be able to use the Code you must:

a) you have received the prior consent of your adult smoker friend to be informed by you about the possibility of updating him and using the Codes as mentioned in this Program.

b) accept the present terms of the Program. If you have not already signed up to the Program in the way mentioned in article 3.1.1., then informing your adult smoker friend by you and giving him the Code to use is equivalent to accepting the terms of the Program that you have received knowledge of both the General Terms and Conditions of the Company (when opening an Adult Consumer Profile) and the terms of the website IQOS https://se.iqos.com/en/terms-of-use .

Only if the above applies cumulatively will your adult smoker friend be informed, receive the Code and use it, if he wishes, within the deadline.

3.2.3. Verbal notes for informing your friends about the use of the Code:

a) It is recommended that you communicate the possibility of using the Code to your friend verbally and/or using only individual (and not mass or publicly accessible) means of communication with him (after his consent to you, as mentioned above).

b) you must inform your adult smoking friends in particular about the deadline for using the Code as well as about the numerical limit of participation in the Program referred to in article 4.3. below.

c) in the context of informing your adult smoking friends about the possibility of using the Code, the Company is eligible to contact you from the moment that you Adult consumer friend has submitted your details in the corresponding form and has consented that you are an adult smoker user.

What are the general conditions that I must know and follow for my participation in the Program?

a) Informing your adult smoker friend after confirming his consent to contact

4.1. The confirmation of your friend's consent for receiving the Code does not impose any obligation on your friend to purchase a Product or conduct any other action.

4.2. Your friend can at any time withdraw the consent, for the future, either by contacting Philip Morris AB Contact Numbers. His data will be deleted immediately.

b) Points return policy and how to redeem them

4.5.1. As long as your adult smoking friend purchases a Product using the code within the deadline that is set, you will be rewarded.

5. PROHIBITIONS UNDER THE PROGRAM

5.1. NOTICE TO MINORS IS PROHIBITED. You must have confirmed the age of your smoker friend and his/her interest in being informed, before entering his details in the Program.

5.2 Public announcements regarding the Program, posting on public media (e.g. social media, blogs, Platforms) and/or any other public notification or statement or sending mass updates (only individually to your adult friend) are expressly and strictly PROHIBITED that meets the conditions herein). It is also PROHIBITED to inform you about the Program or notification for use for the purposes of this Code WITHOUT THE PRIOR CONSENT OF YOUR ADULT SMOKING FRIEND.

5.3. You must NOT make any representations and/or updates about the Products other than those set out in these terms. You acknowledge and agree that the Products are not an alternative to smoking cessation and are not designed as a cessation aid, are not harmless, when in use deliver nicotine which is addictive and are intended solely for use by adult smokers.

5.4. The code that your friend receives connects him to you in order to a) be able to check the fulfillment of the Participation Criteria, and b) to confirm consent (accountability). The code sent by SMS is unique for each friend. The Code is for use only by your adult smoking friend who has received them under the terms and restrictions herein and may not be further transferred by your friend or used by others.

6. Duration and Program Cancellation/Termination

6.1. This Program is a contract between the Company and the Program Members that is governed by these terms and is of indefinite duration.

6.2. This Program may be terminated or modified at any time by simple notification from the Company by any reasonable means at its discretion where it will also inform you of the deadlines for completing any pending invitations or updates of your adult smoking friends or redeeming your rewards. In case of termination for reasons of force majeure (including the imposition of legal or other prohibitions) the redemption period may not be observed and the termination of the Program may be immediate, without any obligation to compensate its Members.

6.3. Also, your participation in the Program as well as your deletion from it is free and can be exercised at any time by you. You may terminate your participation in this Program by discontinuing the use of its features. For a complete deletion of all your data in relation to this program you can contact us. Your declaration will be equivalent to deletion from the Program and nothing will be owed to you by Philip Morris AB under the Program even if its terms are met in the future (ie, for example, purchase of an IQOS device after your deletion by an adult friend of yours who you had already informed before your deletion). However, please note that any of your adult smoking friends who have already received a message to confirm their consent will be able to participate in the Program until the deadline set. But those who have received the Code will not be able to use it as this code is deleted from that Program along with your deletion from the Program.

7. Responsibilities of parties from participating in the Program

7.1. The declaration by you of third party information to send an invitation to confirm your friend's consent and/or the notification of the Code and/or the possibility of using your mobile phone number as a Code constitute your confirmation and unconditional guarantee to the Company that all the procedures mentioned above have been followed, which we rely on for the execution of this Program. Philip Morris AB has the right to check the above information at any time and to refuse the fulfillment of the Program if it is established or there are reasonable indications at any time that the above are not met. You bear the burden of proof that you have fulfilled all the provisions mentioned herein which are undertaken by your participation in the Program.

7.2. The company reserves the right to expel anyone from the Program for violation of these terms or for any illegal act or omission that comes to its attention, is entitled to delete his IQOS Account. In this case, the Company keeps all the information that allows it to cross- check whether he has already been a member of the Program and has been expelled (so that he cannot be re-enrolled).

7.3. The Company is also entitled to refuse to fulfill the terms of the Program in whole or in part, at any time, to any third party if it finds out or comes to its attention or has indications that you or any third party has violated these terms. And in this case, the provisions mentioned in the article above can be applied.

7.4. The Company relies on the statements you provide to us regarding the correctness of the information and the age of your smoker friend as well as his prior consent to you and is not liable to you or any third party for any violation of the terms of the Program or legislation if it is due to your culpable act or omission or in the event that the Company is not informed in time of any problem or suspicion of illegality by you or by the third party who receives the information and/or the code and we reserve the right to take action against you or against any third party causes any damage to our Company due to or on the occasion of the above as well as due to your possible non-assistance or inability to provide information about the burden of proof you bear for the fulfillment of the correct information and the correct sending of the code. Also, Philip Morris AB is not responsible for incorrect or faulty operation of the Program if this is due to circumstances beyond its control or to force majeure events (including indicatively but not exclusively, any technical or other problems in the telecommunications network). You are also solely responsible for securing your passwords and your mobile phone against loss, theft, access by unauthorized third parties and any minors to the Program (which is strictly prohibited). In any case, our liability, where limitation of liability is permitted by law, is limited to the coverage of any proven positive damage of yours that is causally related to any culpable act or omission on our part in the context of the specific Program, and the liability for compensation is limited (where legally the possibility of contractual limitation of damage is provided) up to 3 000 SEK.

7.5. The Company bear no obligation to you in the context of the Program, except for the performance based on the respective Company Policy and the terms of IQOS SHARING BENEFIT Programme, under the limitations and reservations set forth in these texts. You expressly agree that the copy of the data kept by the Company in the Company Database for the purchases made by your adult smoking friends using the code corresponding to you, as well as for the fulfillment of any rights you are entitled to, are full proof of the above, which if validated by a competent authority or as provided by law has the effect of a private document.

7.6. The Company is entitled to change the terms in whole or in part in the Program at any time. It is also entitled (indicatively and not exclusively) to extend or shorten the deadlines, to set new deadlines and new conditions, to change the procedures, to add or remove procedures and in general to make any change it deems to the terms and limitations of the Program. In the event of a change to the terms, you will be informed in any reasonable way on the Company's discretion. Philip Morris AB also reserves the right to modify the Program at any time, to suspend the Program in part or in whole, temporarily or permanently and in cases of force majeure (including any legal or other obligation thereof) and in this case not to fulfill any of your rights or/ and not fulfill the terms of the Program generally towards you or your adult smoking friends.

Your continued participation in the Program will be considered as acceptance of any modified terms of the Program.

8. General conditions

8.1. The terms of this Program are always posted on this page.

8.2. In the event that a term is deemed abusive, this does not affect the validity of the remaining terms that are still valid. A delay in exercising any right of the Company does not imply a waiver of this right which it may exercise at any time and at a later time.

8.3. Any dispute arising hereunder shall be subject to the jurisdiction of Sweden, tried in Stockholm District Court and shall be governed by Swedish law.

B. SPECIAL PERSONAL DATA PROTECTION TERMS

These terms are more specific to and supplement IQOS privacy policy Information about personal data | IQOS Sweden which govern the processing of your personal data as a whole and complete your appropriate information and regulate the processing of your data, your rights and how to exercise them, the recipients of the data, further purposes of processing, the retention time of them as well as all information and transparency issues provided for by the General Regulation on Personal Data. Where the present contradicts the above, the present terms prevail as more specific.

1. Your data that we process for the purposes of the Program and the legal basis for processing your personal data

Controller of your Data is the company with the name "Philip Morris AB" and distinctive title "Philip Morris", (hereinafter "Philip Morris AB" , the"Company""We" ) based in Karlavägen 108, 115 26, Stockholm

a) your identification information (name and surname) and your mobile phone number

We process your data in question for registering you in the Program (where required), for cross-checking your details with the fulfillment of your Participation Criteria as well as when confirming the consent of your adult smoking friend, and for providing you with the privileges attributed to you based on our Policy to execute the terms of the Program, in which you participate and give us your data voluntarily and freely. The legal basis of the processing is performance of a contract, i.e. the performance of the present terms of the Program, to which you are a voluntary party. You can cancel your participation at any time and freely as mentioned in article 5 above.

b) demographics (adult verification)

We process your demographic data to fulfill our legal obligation due to the nature of our products. The legal basis of the processing is compliance with our legal obligation.

c) communication (e - mail, mobile)

We process your contact information:

i ) to confirm your acceptance to participate in the Program (where provided) as a means of proof of your acceptance based on the need to enhance our legal security that you agree to participate in this Program based on the terms of this to which you participate as a contracting party. Legal basis of processing is our legitimate interest for legal assurance of the conclusion of the contract between us and/or the confirmation of your consent for communication with a specific friend of yours (as the case may be).

ii ) to inform you about the Program and your status as a Member in it as well as about any procedural issues related to your participation in the Program or in security matters (e.g. changes to the terms, interruption of the Program, limits, deadlines, etc.). The legal basis of the processing is the Legal interest to inform you in a timely and correct manner about the execution of the Program in the context of its terms.

d) details of participation in the Program (number of adult smoking friends, rights to which you are entitled or received in the context of the respective Company Policy, etc.)

We process your participation information, mandatory in order to be able to correctly and timely execute the terms of the Program (otherwise it would not be possible to monitor and execute these terms). The legal basis of the processing is execution of a contract, i.e., the present terms of the Program, to which you are a voluntary party. You can terminate the contract at any time and freely as mentioned in article 5 above.

2) Processing personal data of your adult smoking friends

Once you have obtained the consent of your adult smoking friends, you will enter their mobile number for them to receive an invitation to confirm their consent. The legal basis of the processing is their consent to you which they can then either confirm or not accept (without any further action). If they do not confirm their consent within the deadline, then their data will be deleted.

In case they confirm their consent to be contacted, they can withdraw this consent at any time by contacting us.

In the event that they make a purchase using the code corresponding to the Member, their identification information will be used to be able to reward you.

C. TERMS & CONDITIONS FOR YOU AS AN ADULT SMOKER FRIEND

α) If you received an SMS or phone call on your mobile phone, it is because you told an adult friend of yours who is a consumer of IQOS that you wish to be informed about IQOS – (“the Product”). If you have received an SMS on your mobile phone, you are invited. If you wish to hear more about the product and offer confirm your consent by clicking the link in the SMS.

2. Deadline of confirming your consent if you received an SMS:

If you have received an SMS on your mobile phone, you have 6 days from the time you received the SMS to confirm your consent (by clicking on the link), otherwise your data will be completely deleted (and you will not receive any more communication).

3. Discount code:

α)If you confirm your agreement with the above, you will receive a discount code ("the code") for use in purchasing the product. The code will be valid untill the 30th August

4. Restrictions:

4.1. The code you receive on your mobile phone is unique.

In any case the code links you with your friend so that i) it is possible to check the confirmation of consent (accountability) and ii) we can reward your friend in accordance with its special terms.

4.2. Each code is intended for use only by you, who received it under the terms and conditions herein and may not be shared or used by others. We reserve the right to request that you show us any identifying information that may be deemed necessary to confirm your personal use of the code. It is also expressly and unequivocally forbidden to inform about the specific program or the code, as well as their use in general, to minors.

4.3. If you change your mind and do not want to confirm your consent or if you are no longer interested in the Program, please delete the SMS you received completely from your mobile phone.

4.4. We reserve the right to set restrictions on the right to use the code.

5. Right to withdraw consent to contact us - No obligation to buy:

5.1. After the above confirmation of your consent, you can recall it at any time by contacting us. No right to purchase the product is lost from withdrawing consent for communication (you can always use the code within the deadline of article 2 above, if you wish to do so).

5.2. It is noted that neither with the receipt of the code nor with the confirmation of your consent is your offer for the purchase of the products or the use of the code established. It is at your discretion whether or not to use the code you receive, even if you finally make the purchase, according to the terms and conditions.

6. To whom is this program addressed:

6.1. The program is only for smokers who have not bought any product in the past and have expressed interest to their adult smoker friend in being informed about the Products. IF THE ABOVE IS NOT FULLFILLED, PLEASE DELETE THE SMS AND DO NOT USE IT IN ANY WAY.

6.2. The Products are not an alternative solution for stopping smoking and are not designed as a cessation aid, they are not harmless, they deliver nicotine when in use which is addictive, and they are intended exclusively for use by adult smokers. Further information about the risk is available on the website www.iqos.com. 

6.3. In case we find out or there are indications at any time that the criteria and terms of the program are not met, we can refuse or interrupt any communication or use of the code.

6.4. To confirm your consent and to receive the communication, you must provide your adult friend, who is a consumer of IQOS, with correct information.

6.5. IN CASE YOU RECEIVED THE SMS BY ACCIDENT, PLEASE DELETE THE MESSAGE COMPLETELY. In the event that the adult consumer of the Products who declared your details does not belong to your friendly environment and/or fails to inform you promptly and in detail as stated herein or violates any of his obligations as described and notified to you in these Terms, please not to proceed with any action or use of codes and please notify us by contacting our Customer Service Center on 020 25 10 10.

7. Responsibility of the Company:

The Company relies in good faith and reasonably on the statements you provide to the adult consumer of our Products, when they collect your data for inclusion in the Program. It is also based in good faith and reasonably on the confirmation and guarantees provided by the adult consumer of our Products, when declaring your details, as well as on the statements you provide to us yourself, when participating in the Program and agree to our Terms. Our Company is not responsible for any breach of the above. If due to your friend's own act or omission or your friend's false guarantee as referred to in article 2.1, we hereby reserve the right to take legal action against you or any third party who causes any damage to our company because of or on account of the above. In the event that despite the procedures and the care we take for the sake of the law and the correct collection of your data, you received the invitation to confirm your consent by mistake, please ignore it and delete it immediately. In each case, our liability, where the limitation of liability is permitted by law, is limited to the coverage of any resulting positive damage that is reasonably consistent with any act or omission of ours in the context of the specific Program, subject to the above.

8. Miscellaneous:

8.1. In the event that the term is deemed to be invalid, this does not affect the scope of the underlying terms. The postponement of the exercise of any right of the Company or the demonstration of any exemption does not entail the waiver of the right which may be exercised at any time.

8.2. Our Company reserves the right to modify these terms at any time, to change the execution procedures of the Program, to interrupt or change the use of any Code and to make any change with an announcement at the Company’s discretion.

9. Dispute resolution

Any dispute arising hereunder shall be subject to the jurisdiction of Sweden, tried in Stockholm District Court and shall be governed by Swedish law.

D. PROCESS OF YOUR DATA AS AN ADULT SMOKER FRIEND

IQOS privacy policy which governs the processing of your personal data in its entirety and completes your request for information and regulates the processing of your data, your rights and the manner of exercising them, the recipients of the data, further purposes of the processing, the time of observance as well as all the issues of information and transparency provided by the General Regulation for Personal Data. Where the program terms contradicts the above, the program terms prevail as more specific.

1. Data that we process for the purposes of the Program and the legal basis for the processing of your personal data

Responsible for the implementation of your data is the company with the title "Philip Morris AB" and the distinctive title "Philip Morris", (following "Philip Morris" , "The Company""Us" ) which is based in Karlavägen 108, 115 26, Stockholm

2. Purpose and legal basis of the processing of your personal data:

2.1. You details for confirmation of your consent to receive communication (where applicable to the above procedure)

Since you have consented to your adult consumer friend of our Products to declare your details as you wish to be informed about Product, we will process your contact details in order to send you an SMS to confirm your above consent. Due to legal basis of processing and our duty for accountability, it is our legitimate interest to confirm your consent to receive information from us, which overrides your rights and freedoms, as it is also in your interest to properly confirm your consent. When the adult consumer of our Products submits your information, the guarantee us on your adulthood, that you are a smoker and your prior consent to the above.

If you do not confirm your consent within 6 days of receiving the SMS, your details will be deleted completely, and no further communication will be sent.

2.2 Your contact information (where applicable to the above procedure)

If you confirm your consent, we will collect your information in order to inform you about the Product, according to our Company. If you wish to change your consent and not receive communication any longer, you can contact us any time.

2.3. Your identifiability against the use of codes

If you make a purchase using one of the codes you have received, your data will be used to connect you with your friend for accountability controls. This is for the purpose of using the Code for this purpose. If you do not wish to have your data processed for this purpose, you may not use the code during your purchase.

3. Your rights:

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 Swedish supervisory authority under Complain about incorrect processing of your personal data | IMY.

We offer you easy ways to exercise these rights, just call the Company's Customer Service Center or send an email to contact.se@iqos.com