We take privacy seriously. This notice tells you who we are, what information about you we collect, and what we do with it. Click on “find out more” in each section for further information.

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.

Find out more…

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

PMI product: means a product of ours or of another PMI affiliate.

How do we collect information about you?

We may collect information about you in various ways.

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

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

Find out more…

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

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

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

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

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

find out more…

Information that we collect from you directly will be apparent from the context in which you provide it. For example:

• if you order a product from us through a touchpoint, you provide your name, contact, billing details, and the products you have chosen so that we can fulfil your order;

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

Information that we collect automatically will generally concern:

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

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

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

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

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

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

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

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

find out more…

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

Where we do not base our use of information about you on one of the above legal bases, we will ask for your consent before we process the information (these cases will be clear from the context).

In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.

Who do we share your information with, and for what purposes?

We may share information about you with:

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

find out more…

Sharing data with other PMI affiliates

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

Details of PMI affiliates and the countries in which they are established are available here.

Sharing data with Third Parties

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

Where might information about you be sent?

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

find out more…

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

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

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

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

How do we protect information about you?

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

How long will information about you be kept?

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

find out more…

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

What rights and options do you have?

You may have some or all of the following rights in respect of information about you that we hold:

• request us to give you access to it;
• request us to rectify it, update it, or erase it;
• request us to restrict our using it, in certain circumstances;
• object to our using it, in certain circumstances;
• withdraw your consent to our using it;
• data portability, in certain circumstances;
• opt out from our using it for direct marketing; and
• lodge a complaint with the supervisory authority in your country (if there is one).

We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.

Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in your phone or the application.

find out more…

The rights you have depend on the laws of your country. If you are in the European Economic Area, you will have the rights set out in the table below. If you are elsewhere, you can contact us (see the paragraph “who should you contact with questions?” at the end of this notice) to find out more.

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:

1. 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
2. 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:

1. 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
2. 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 1 April 2020.

The following General Terms and Conditions also contain legal information about your rights in accordance with the provisions on contracts in distance selling and electronic commerce.

1. Scope of Application, Contract Partners, Delivery Restrictions

1.1 These General Terms and Conditions ("GTC") apply to all contracts concluded between you as a customer ("you") and Philip Morris Austria GmbH ("Philip Morris") as the operator of the online shop at https://at.iqos.com ("IQOS-Webshop"). In the course of the ordering process you accept the version of the GTC valid at the time the order is placed. Deviating or supplementary general terms and conditions of the customer shall only apply if Philip Morris has agreed to them in writing in individual cases.

1.2 These General Terms and Conditions apply to consumers according to the Austrian Consumer Protection Act (KSchG).

1.3 Your contractual partner is Philip Morris Austria GmbH, Vorgartenstraße 206 B-C, 1020 Vienna, Austria, registered with the Commercial Court of Vienna under the register number 375335p. If you have any questions, requests or complaints, please contact Philip Morris at 0800 901 091 (free of charge), or by e-mail at [email protected]

1.4 The following delivery restrictions apply: (i) Philip Morris only supplies to consumers who have reached the age of 18, have their usual place of residence (billing address) in the Republic of Austria and specify an Austrian delivery address.

(ii) Within ten (10) calendar days you may place orders up to a maximum order value of EUR 750 incl. VAT.

2. Registration, Conclusion of Contract

2.1 To order articles in the IQOS-Webshop ("Products") registration and opening a password-protected customer account is required. You must have reached at least 18 years of age to do so. You are required to enter your personal information truthfully and to keep your chosen password strictly confidential to ensure that it does not fall into the hands of any third party. Any disclosure of your password or any other transfer of your access to the IQOS-Webshop to third parties is prohibited. Details on the collection and use of your personal data can be found in Philip Morris' privacy policy in the IQOS-Webshop. Products of Philip Morris must not be used by persons who have not reached 18 years of age.

2.2 The presentation of the products in the IQOS-Webshop does not constitute a binding offer of sale. The offer to conclude a purchase contract is made by you as the customer by clicking on the button "Order now subject to payment" or a similar, unique field that indicates your obligation to pay this order. Philip Morris may accept your offer by shipping the products within five workdays. A confirmation of the receipt of your order will be sent by automated e-mail immediately after your order is submitted; this does not yet constitute an acceptance of contract by Philip Morris.

3. Delivery, Availability of Goods, Right of Withdrawal

3.1 The delivery will take place only within Austria and by parcel service (post office or courier). The shipping risk is borne by Philip Morris.

3.2 If an ordered product is not available because Philip Morris has not been supplied with the product by its suppliers through no fault of its own, Philip Morris may withdraw from the contract. In this case, Philip Morris will immediately inform you and refund any payment already made.

4. Pricing, Shipping costs

4.1 The final prices stated in the IQOS-Webshop include value added tax as required by law and all other price components.

4.2 Delivery is free of shipping costs. As far as specific rights to withdrawal according to the Austrian Distance and Outside Business Act (FAGG) are exercised, the customer pays all direct costs of return of goods.

5. Payment, Reservation of Title

5.1 In general, you may pay by credit card (Mastercard, Visa), Paypal or by instant transfer. In case of credit card payments, your credit card account will be charged when the products are shipped.

In context of the payment procedure, you will enter into independent contracts with these service providers. The respective terms and conditions of the contracting parties will apply.

5.2 Until payment has been made in full, the delivered products remain the property of Philip Morris.

6. Right of revocation

6.1 When concluding a distance selling transaction, consumers have a legal right of revocation, of which Philip Morris will inform you below in accordance with the legal model. Section 6.2 contains a model revocation form and Section 6.3 contains clarifications to the legal models and supplementary provisions to which Philip Morris is bound in your favour in addition to the law.

Revocation instructions

Right of revocation

You have the right to revoke this contract within fourteen days without providing any reason.

The withdrawal period is fourteen (14) days from the date on which you or a third party designated by you, other than the carrier, took possession of the goods. If you have ordered several goods as part of a single order and these goods are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last good.

In order to exercise your right of withdrawal, you must inform Philip Morris in the form of a clear statement (e.g., a letter sent by post, fax or e-mail) of your decision to revoke this agreement addressed to the contact details as mentioned in Section 1.3. You may use the attached model withdrawal form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of your exercising the right of revocation before the revocation period expires.

Consequences of revocation

In case you withdraw from the contract, we will reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your withdrawal from this Agreement. For this refund we will use the same method of payment used by you for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund your payment until we have received the goods back from you or until such time as you have provided evidence that you have returned the goods, whichever case is earlier.

You must return or hand over the goods to us (Philip Morris Austria GmbH, c/o Arvato Logistics Services GmbH, Am Campus 1A, 2431, Enzersdorf an der Fischa) immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the very latest. This period will be deemed to have been observed if you dispatch the goods before the expiration of the fourteen-day period.

You will bear the direct costs of returning the goods. You will be liable for any depreciation in the value of the goods only if such depreciation is due to any handling of the goods beyond that which is necessary to examine their nature, properties and functionality.

6.2 Philip Morris will inform you of the sample withdrawal form in accordance with the statutory provisions as follows:

6.3 Sample withdrawal form

(If you wish to revoke the contract, please fill in this form and send it back.)

–Philip Morris Austria GmbH, Vorgartenstraße 206 B-C, 1020 Vienna, Austria, phone: 0800 901 091 (toll free), email: [email protected]

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

–order date (*)/received on (*)

–Name of the consumer(s)

–Address of the consumer(s)

–Signature of the consumer(s) (only for notifications on paper)

–Date

___________

(*) Delete as applicable.

In addition to the legal requirements, the following applies for the sake of clarification and/or exclusively in your favour:

In the event of revocation, you will bear the direct costs of returning the goods. However, this does not apply if you use a return label provided by Philip Morris, which you can request by calling the toll-free number 0800 901 091. In this case, Philip Morris will bear the costs of the return shipment.

7. Legal warranty and voluntary guarantee

7.1 Your rights in the event of material and title defects will be governed by the statutory provisions that apply. Philip Morris will only assume liability for damages in accordance with Section 8.

7.2 In addition, Philip Morris will grant you a limited manufacturer's warranty for certain Products. The products for which the warranty is granted as well as the warranty conditions can be found in the IQOS Webshop respectively in the package inserts of the delivered product. Furthermore, Philip Morris grants a voluntary money-back-guarantee (30 days) for prepaid (i) electronic Products including possible additional supply of accessories and (ii) other non-electronic Products which have altogether a final order value of at least EUR 60. In that context, you may withdraw from your contract within thirty days upon delivering of goods and the price paid will get refunded to the domestic bank account which you have named within four weeks upon receipt of the returned goods. Partial withdrawal is not allowable. The money-back-guarantee does not apply to damaged or excessively used Products and cannot be claimed multiple times for the same Product model. Mere color variations or comparably minor differences do not establish an independent Product model. The costs of return are paid by the returning party. In case of unjustified return, Philip Morris is entitled to claim amongst others the costs for transport, storage and processing.

7.3 Your legal revocation and warranty rights against Philip Morris are not affected by the aforementioned limited manufacturer’s warranty and voluntary money-back-warranty.

8. Liability for damages

8.1 Philip Morris shall be liable for damages in accordance with the statutory provisions, unless otherwise stipulated below.

8.2 In the event of breaches of duty – for whatever legal reason – Philip Morris will be responsible for intent and gross negligence. In the event of light negligence, Philip Morris will be liable for personal injury, but not for other damages.

8.3 The above limitations of liability also apply to third parties and to breaches of duty by or on behalf of persons for whose fault Philip Morris is responsible for in accordance with statutory provisions. For claims under the Product Liability Act, the statutory provisions will apply exclusively.

9. Final provisions

These General Terms and Conditions and the contractual relationship with you will be governed by Austrian law under exclusion of the UN Convention on Contracts for the International Sale of Goods as well as referencing norms.

Additional important customer information

Technical procedures leading to the conclusion of the contract (shopping cart system); Correction of input errors

Before you place a binding order, you can add any products to your shopping cart without obligation to buy. You can view the contents of the shopping cart at any time without obligation. You can remove the products placed in the shopping cart from the shopping cart at any time.

If you want to purchase the products in the shopping cart, click the button "Continue to checkout" or a similar field. In the next step, the personal information stored in your profile will be displayed. Here you have the possibility to change your delivery address for the order. If you then click the "Next" button, you will see an overview of all the details of the order. As the last step in the order process you can now select your preferred means of payment here. By clicking on the button "Place Order" or a similar, unique field that indicates your obligation to pay this order you complete the order process. This makes your order binding. You will then be redirected to authorize and execute the payment accordingly. The successful transmission of the order and payment details will be confirmed on the website.

Storage of the contract text and accessibility for the customer

Your order will be stored by Philip Morris and can be accessed by you through your password protected user account. In your user account you can also manage your data and view order information.

Contract language

The contract is concluded in the German language.

Codes of conduct to which Philip Morris has committed itself to

Philip Morris has committed itself to the Guidebook for Success prepared by Philip Morris International Inc. This can be found on the Internet at www.pmi.com

Status: April 2020

Imprint

Philip Morris Austria GmbH

Registered office: Vorgartenstraße 206 B-C, 1020 Vienna, Austria

Phone: +43 1 72786 1001

Email: [email protected]

PRESS & MEDIA: [email protected]

UID no.: ATU67055866

Commercial register court: Commercial Court Vienna, FN 375335p

Company shares: Philip Morris GmbH

Managing Directors: Alexander Schönegger, Markus Schöngassner

Line of business: Trade in goods of all kinds and the provision of marketing activities

Regulatory authority: Magistrate district office for the 2nd district

Competent chamber: Vienna Chamber of Commerce and Industry

Applicable legal regulations: Trade regulations: www.ris.bka.gv.at

Editorial policy: information on electronic commerce goods and promotion of their sale.

Online dispute resolution: Consumers can lodge complaints with the EU Online Dispute Settlement Platform: http://ec.europa.eu/odr. You can also send any complaints to the above e-mail address.

Collection Centers

Philip Morris supports within Austria the disposal of waste electronic devices in modern disposal facilities and also joined a collection and recovery system. The separate collection and recycling of waste electronic devices is of crucial importance for human health and environmental protection as well as the recycling of precious resources. In the process of buying a new IQOS device marked with the crossed-out wheeled bin you may return your old device to a collection facility especially established for that purpose, free of any costs. A list of all Austrian collection centers including opening hours is available here.

The following terms and conditions for participating in the IQOS Care Plus program (Terms) apply, even without reference in the following provisions, as a supplement to the announced and agreed General Terms and Conditions of Philip Morris Austria GmbH, unless expressly stated otherwise. At the same time, these Terms also contain legal information about your rights in accordance with the provisions on contracts in electronic commerce and on consumer dispute settlement.

1. Scope /Eligibility

1.1 These Terms are applicable to and govern the participation in the IQOS Care Plus program (IQOS Care Plus) of IQOS customers having their usual residence in the Republic of Austria. Please read these Terms carefully as they affect your legal rights and govern your relationship with Philip Morris Austria GmbH, Vorgartenstraße 206 B-C, 1020 Vienna (Philip Morris).

1.2 You are only eligible to participate in IQOS Care Plus if: (i) you are an adult smoker or IQOS user aged 18 years and over, (ii) registered in our respective customer database; and (iii) your usual residence is in the Republic of Austria.

1.3 To participate in IQOS Care Plus you must register at least one eligible device as described in clause 2.1 (Device) either at iqos.com, by calling our customer service center, by registering at a participating IQOS store or in any other manner verifiably and expressly authorized by Philip Morris. Please check in your customer profile whether a registration has already occurred.

1.4 By signing up for IQOS Care Plus, clicking ‘I Agree’ or a similar button, or registering for IQOS Care Plus through a customer service center, at a participating IQOS store or in any other manner verifiably and expressly authorized by Philip Morris, you accept that these Terms apply. If you do not agree to these Terms, you are not permitted to use IQOS Care Plus.

1.5 We reserve the right to amend these Terms and IQOS Care Plus upon notice of at least 14 days at any time. If you do not agree to any such amendments you may terminate your IQOS Care Plus membership within 14 days after notice, otherwise your consent to the change is deemed to be given (please see clause 3.3 for more information on your right to terminate your membership at any time).

2. Eligible Devices/Registration

2.1 Only the following Device models are eligible for registration in IQOS Care Plus:

(a) IQOS 2.4+, IQOS 3 MULTI, IQOS 3 DUO and all IQOS successor models; as well as

(b) holders and chargers of the IQOS models mentioned under (a).

2.2 The Device must have a readable and valid serial number. Furthermore, the Device must be covered by a voluntary manufacturer’s warranty; the possibility of asserting claims under IQOS Care Plus for the relevant Device is linked to the (remaining) term of such voluntary manufacturer’s warranty for the same Device. These Terms as such do not grant any voluntary manufacturer’s warranty.

2.3 In the course of the customer registration process you must provide all required mandatory information in an accurate and complete manner. 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 be processed. If you provide inaccurate or incomplete information, Philip Morris reserves the right to terminate your membership of IQOS Care Plus without notice.

2.4 Following the registration process for IQOS Care Plus you will be informed whether your registration was successful. Membership of IQOS Care Plus and the services provided are personal to you and may not be transferred to any third party.

2.5 Your use of IQOS Care Plus is linked to the country of your usual residence, i.e. the Republic of Austria. If the country of your usual residence changes, you must inform us and reapply to use IQOS Care Plus in your new country of residence (if available) as IQOS Care Plus is only available in certain countries.

3. Membership of IQOS Care Plus, Term for Individual Devices, Termination

3.1 Your membership of IQOS Care Plus begins upon registration for the program and – subject to any termination becoming effective at an earlier point in time – ends when you cannot assert any claims for any Device based on these Terms anymore.

3.2 You are entitled to assert claims under IQOS Care Plus for each registered Device – subject to any termination becoming effective at an earlier point in time – from the registration of such Device until the end of the voluntary manufacturer’s warranty for the same Device.

3.3 You may terminate your membership of IQOS Care Plus at any time with immediate effect by notifying Philip Morris at [email protected] or by calling 0800 90 10 91.

3.4 Philip Morris may terminate your membership of IQOS Care Plus at any time with immediate effect if you breach these Terms. Philip Morris may also terminate your membership for any reason upon 30 days’ notice.

3.5 Membership of IQOS Care Plus entitles you to the services described in clauses 4 and 5 (Services). Once termination of your membership has become effective, you are no longer entitled to receive Services under IQOS Care Plus.

4. Accidental Damage

4.1 If your Device suffers accidental damage, i.e. unintended damage that affects the functionality of your Device, you may be eligible for a replacement device as described in this clause 4, provided that such damage was not caused by your misuse (clauses 4.3(a) and 4.3(c)) or gross negligence (Accidental Damage).

4.2 If you deliver the damaged Device (including all components) to Philip Morris, you will be provided with a replacement IQOS Device of the same type equivalent to a new Device in performance and reliability. If a replacement IQOS Device of the same type is not available, an IQOS device which is at least functionally equivalent to your Device will be provided as a replacement. Philip Morris will keep all replaced Devices. If only part of the Device is damaged e.g. the holder or the charger, only the damaged part will be replaced and Philip Morris will only keep the replaced part of the Device.

4.3 Limitations regarding coverage of Accidental Damage

(a) You must take all reasonable precautions to protect your Device and use and service the Device in accordance with its user guide. If you fail to do so, you are not entitled to a replacement Device.

(b) Your claim to a replacement Device in the event of Accidental Damage is limited to one replacement Device for each registered Device. Once you have received a replacement Device for your Device, the claims for coverage of Accidental Damage and associated Rapid Replacement (see clause 6 below) for that Device will be deemed settled. However, you can still receive the remaining Services (such as International Assistance, see clause 5, and any other services which may be included in the program at a later point in time) for your Device until the end of your membership term. Any rights you may have under statutory warranty are not affected thereby.

(c) You are not entitled to a replacement Device if any of the following applies:

(i) the Device is a product not listed in clause 2.1;

(ii) damage is due to abuse or misuse, or actual, or attempted, modification or alteration of the Device for which you are responsible or due to power surge;

(iii) Devices with a serial number that has been altered, defaced or removed;

(iv) Devices that have been opened, serviced, modified or altered in a manner not authorized by Philip Morris;

(v) 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 failure caused by normal wear and tear and/or usage of the Device;

(viii) improper handling, or liquid contact, damage from fire, flood, or natural disaster, war, terrorism, or acts of God;

(ix) malfunction due to use with non-compatible product;

(x) damage or malfunction caused by failure to use the Device as described in the user guide or

(xi) failure due to defects in materials and/or workmanship and/or design; however, such failures may be covered either by your consumer rights/statutory warranty rights, which apply in addition to your rights under the program, or by the simultaneously existing voluntary manufacturer’s warranty; any rights and remedies provided by applicable consumer protection laws shall also remain unaffected in all other respects.

4.4 Making a claim under Accidental Damage

(a) To receive Services under Accidental Damage coverage, you must:

(i) report your claim to Philip Morris through the website at iqos.com, by calling the customer service center at the number listed for Austria on iqos.com or in any other manner verifiably and expressly authorized by Philip Morris as soon as possible when your Device has suffered Accidental Damage, providing 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’ return Devices authorization process.

(b) You must not send Philip Morris products and accessories that are not supported by Accidental Damage replacement. If you send Philip Morris these items, you will be charged reasonable costs of at least EUR 30.- and in more serious cases, they will not be returned and they will be destroyed. Philip Morris is entitled to waive any measures that are disadvantageous to you, either in whole or in part.

(c) Philip Morris will examine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device, you may choose between the following alternative options:

(i) Courier delivery. A replacement Device will be couriered to you and you must send the defective Device to Philip Morris. Philip Morris will provide you with packaging, postage prepaid, to enable you to ship the defective Device or equipment to Philip Morris.

(ii) Carry-in Service. You can return your defective Device at a participating IQOS store or at any other contact point verifiably and expressly authorized by Philip Morris where you will be provided with a replacement.

(d) If you seek to claim a replacement Device in a country that is not the country of purchase, you will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply in connection with the delivery.

5. International Assistance

5.1 You may have access to an international toll free number (charges may apply in some locations) when traveling abroad to countries where IQOS is commercialized by Philip Morris or its affiliates or an authorized partner; a list of these countries is available at iqos.com. This service might include troubleshooting assistance from experienced and authorized personnel and if required, replacement of your Device (i) within Accidental Damage in accordance with these Terms, and/or (ii) in cases where you are entitled to rights under statutory warranty (i.e. in particular in the event of defects in materials, workmanship or design) and/or (iii) in cases where you are entitled to claims under the voluntary manufacturer’s warranty.

5.2 The specific scope of service, Device availability, response and delivery times may vary according to country. This service will not affect your statutory warranty rights and your rights under the simultaneously existing voluntary manufacturer’s warranty.

5.3 Limitations regarding International Assistance:

(a) The limitations contained in clause 4.3 (Limitations) also apply to Accidental Damage replacement under International Assistance, with the exception of clause 4.3.c) xi).

(b) If any of the following circumstances apply, replacement of an IQOS Device in the context of IQOS Care Plus Program is excluded (i) in cases where you invoke statutory warranty rights and (ii) in cases where you invoke claims under the voluntary manufacturer’s warranty:

(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, liquid contact or fire;

(iv) malfunction due to use with non-compatible product;

(v) damage or malfunction caused by attempt to open, modify and repair the Device, either by the 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 user guide.

5.4 Making a claim under International Assistance

(a) To receive Services under International Assistance, you must:

(i) report your claim to the customer service center by calling 0800 255 92 559 as soon as possible when your Device suffers Accidental Damage or when you become aware that you are entitled to statutory warranty rights or claims under the voluntary manufacturer’s warranty, providing 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) provide proof of purchase for your Device if so requested by Philip Morris. If such proof of purchase is not available, Philip Morris will use the manufacturer packaging date resulting from the serial number as a reference. In this case, the date of purchase will be calculated by adding three months to the manufacturer packaging date;

(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’ return Devices authorization process.

(b) Philip Morris will examine whether you are entitled to a replacement Device in accordance with these Terms. If you are entitled to a replacement Device, it will be provided to you in one of the following ways, as determined at the discretion of Philip Morris:

(i) Courier delivery. A replacement Device will be couriered to you and you must return the defective Device to Philip Morris. Philip Morris will provide you with packaging, postage prepaid, to enable you to ship the defective Device or equipment to Philip Morris.

(ii) Carry-in-Service. You can return your defective Device at a participating IQOS store or at any other contact point verifiably and expressly authorized by Philip Morris where you will be provided with a replacement.

(iii) Mail-in-Service. Philip Morris will provide you with packaging, postage prepaid, to enable you to ship the defective Device or 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 for shipment to and from your location if all instructions are followed by you.

(c) You will need to comply with all applicable import and export laws and regulations, and you will be responsible for all customs duties, value added tax and other associated taxes and charges that may apply in connection with the delivery.

6. Other services

Rapid Replacement Service. This service provides for rapid replacement of your Device within a guaranteed time period; information on the applicable period can be obtained during the replacement procedure or through or in any other manner verifiably and expressly authorized by Philip Morris. This Service is available in case of Accidental Damage (clause 4.1) and in cases where you are entitled to statutory warranty rights and/or claims under the voluntary manufacturer’s warranty. For a replacement due to Accidental Damage, you are limited to one Rapid Replacement Service for each Device. This service is also only applicable in selected Austrian cities. A list of these cities is available in our FAQ section at iqos.com.

7. Your Obligations

You agree

(a) not to misuse the IQOS Care Plus program and the Services;

(b) to keep your membership account safe and secure;

(c) that, where an exchange takes place, any replacement Device becomes your property and the replaced Device becomes the property of the entity which makes the exchange; and

(d) to comply with applicable law.

8. Warranty/Limitation of Liability

8.1 As your membership of IQOS Care Plus is free of charge, it is provided ‘As Is’ in accordance with the framework conditions applicable from time to time and without any warranty. Any statutory warranty rights or rights under a voluntary manufacturer’s warranty remain unaffected.

8.2 Philip Morris shall be liable for damages in accordance with the statutory provisions unless otherwise stipulated below.

In the event of breaches of duty – for whatever legal reason – Philip Morris will be responsible for intent and gross negligence in the context of fault-based liability. In case of slight negligence, Philip Morris is only liable for damages to the person, but not for other damages.

The above limitations of liability also apply to third parties and to breaches of duty by or on behalf of persons for whose fault Philip Morris is responsible for in accordance with statutory provisions. For claims under the Product Liability Act, the statutory provisions will apply exclusively.

8.3 Nothing in this clause 8 excludes any liability that cannot be excluded by applicable law.

9. Miscellaneous

9.1 IQOS Care Plus is not an insurance policy.

9.2 IQOS Care Plus is currently provided free of charge.

9.3 Details of the processing of your personal data that you provide us are described in our Privacy Notice available at https://at.iqos.com/de/ueber-iqos/datenschutz

9.4 These Terms and the contractual relationship with you will be governed by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.5 For questions, inquiries and contact information please refer to [email protected] or call 0800 90 10 91.

Additional important customer information

When registering for IQOS Care Plus online through iqos.com: Technical procedures leading to the conclusion of the contract; correction of input errors

If you register for IQOS Care Plus through iqos.com, you offer to conclude a contract by clicking the “register now” button or a similar button. Input errors can be corrected at any time during the registration process. After your registration, Philip Morris will inform you whether registration was successful; confirmation of successful registration also constitutes acceptance by Philip Morris of your contract offer.

Storage of the contract text and accessibility for the customer

Your registration data will be stored by Philip Morris and can be accessed by you through your password protected customer account. In your customer account you can also manage your data.

Contract language

The contract is concluded in the German language.

Codes of conduct to which Philip Morris has committed itself to

Philip Morris Philip Morris has committed itself to the Guidebook for Success prepared by Philip Morris International Inc. This can be found on the Internet at pmi.com.

Consumer dispute settlement

Philip Morris does not participate in dispute resolution proceedings before a consumer arbitration body.

Status: April 2020

The following Terms of Application apply, even without reference in the subsequent provisions, in addition to the announced and agreed General Terms and Conditions of Philip Morris Austria GmbH as well as other Terms and Conditions, unless expressly stated otherwise.

1.    The subject matter of these Terms of Application are features issued by Philip Morris Austria GmbH, Vorgartenstrasse 206 B-C, 1020, Vienna (subsequently referred to as “Philip Morris”) for the purpose of using discounts or price reductions (subsequently referred to as “Referral Codes”) as well as the accompanying consequences in context of using issued Referral Codes. 

2.    Philip Morris provides eligible persons (subsequently „Participants“) with a personal Referral Code. Participants must fulfill the following requirements: (i) eighteen years of age or older; (ii) main residence in the Republic of Austria; (iii) Philip Morris consumer status in the sense of the Austrian Consumer Protection Act; (iv) duly registration within the relevant Philip Morris customer database; (v) absence of circumstances which would prohibit the use of Codes issued by Philip Morris (e.g., non-smoker status, pregnancy, preexisting conditions); (vi) duly linking of an electronic device manufactured or distributed by Philip Morris (especially a tobacco heating device IQOS) to the personal profile of the registered Participant.

3.    Referral Codes are intended for use by redemption-entitled third parties (subsequently referred to as „Successful Referral“). Redemption-entitled third parties must be consumers of legal age (eighteen years of age or older) who are properly registered in the corresponding customer database of Philip Morris and who fulfill the requirements of registration or use of electronic devices manufactured or distributed by Philip Morris (e.g., main residence in the Republic of Austria, absence of non-smoker status, no pregnancy or preexisting conditions) at and after registration. A third party is entitled to use a Referral Code no more than once, regardless of whether additional Referral Codes are provided by the same or other Participants.

4.    A Successful Referral is made, if a redemption-entitled third party uses a valid Referral Code for the acquisition (purchase) of specified products via (i) the online distribution (web shop/e-commerce) of Philip Morris established for Austria (e.g., iqos.com) or (ii) a local point of sales expressly designated by Philip Morris (e.g., IQOS Partner Stores). 

5.    The Referral Code of a particular Participant is (i) personal and not transferable to other Participants or persons and (ii) limited to provision or use by respectively different redemption-entitled third parties for up to 40 occasions (Successful Referrals) in total. No additional Codes may be issued to a particular Participant. Codes may only be provided to use for redemption-entitled third parties, but not published via social networks and websites.

6.    Special reasons of exclusion: Participant cannot be anyone who is professionally or in a comparable way involved in the sale, distribution or other transfer or recommendation of electronic devices manufactured or distributed by Philip Morris, in any form whatsoever. Basically redemption-entitled third parties are not allowed to use Referral Codes at a designated local point of sales, if there is a direct or indirect family, economic, social or other close relationship with the operator of the respective point of sales or the persons employed or otherwise active there. Philip Morris is entitled to exclude Participants or third parties, in whole or in part, permanently or temporarily, from the possibilities in connection with referrals, if legitimate interests are affected, in particular in case there is a suspicion of misuse or conduct contrary to legal provisions.

7.    Whether and to which extent the successful use of a Referral Code by a redemption-entitled third party triggers a discount or price reduction in favor of the third party or results in a discount voucher in favor of the providing Participant is at the sole discretion of Philip Morris and is announced in an appropriate way. Discount vouchers in favor of Participants are only valid for the online distribution of Philip Morris in Austria. Philip Morris is responsible for determining the products to be acquired for a Successful Referral and will be announced in an appropriate manner.

8.    Philip Morris is allowed to set specific conditions for referrals in special cases or to involve special groups of persons, whereas such conditions shall have priority over these Terms of Application. Alternatively, these Terms of Application shall govern to the extent compatible with the purpose and nature of the specific conditions.

9.    Philip Morris may at any time, and at its sole discretion, extend, modify, limit, suspend or revoke, in whole or in part, these Terms of Application as well as any discounts, reductions in payment, credit notes or other benefits referred to herein. Until then, in accordance with the Terms of Application, by Successful Referral achieved and validly upheld legal claims shall not be affected by this. Any cash redemption, refund or other cash payment in favor of Participants or redemption-entitled third parties, also in connection with a possible reversal of transactions, is explicitly excluded.

10.    Austrian law shall apply to the exclusion of the UN Sales Convention and the rules of conflicts of laws. In case of discrepancies, the German version of these Terms of Application shall prevail.