Terms of Website Use
dated March 11, 2019
These Terms of Website Use shall determine the general terms and conditions for using www.iqos.com.ua, the procedure for registering on the website, personal data issues, etc. Please note that none of the provisions of these terms and none of the elements of the Website content may be considered as a public offer by PMSD or the Seller. Information about product characteristics, prices, and other information have been posted on the Website for informational purposes only and in order to enable you to develop an offer to the Seller for entering into a sales and purchase agreement.
1. Terms and Definitions
When used in these Terms of Website Use, unless otherwise required by the context, the following terms shall have the following meanings:
1.1. Website shall mean this website www.iqos.com.ua;
1.3. PMSD LLC, PMSD, or we (in different cases) shall mean Philip Morris Sales & Distribution Limited Liability Company, located at: building 30, Spasska Street, Kyiv, 04070, legal entity identifier code: 39540982, which is an importer of Products;
1.4. Eligible Third Parties shall mean our affiliates and our licensors, agents, contractors, outside consultants and service providers, as well as external information providers, with which agreements (contracts) have been concluded for services provision or performance of other actions for us or on our behalf and/or for our affiliates or on their behalf, and who shall not be entitled to use or disclose information according to the terms of such agreements (contracts), except for using or disclosing information for the purpose of services provision or performance of other actions for us or on our behalf and/or for our affiliates or on their behalf;
1.5. Products are tobacco-containing products, tobacco-heating electronic systems, and other goods, information about which may be received on the Website;
1.6. Seller is a person specified in the Products Terms of Sale, from whom Fregistered users can order or purchase the Products;
1.7. Internet shop is a part of the Website (which you can access through accessing section “BUY”) to present or sell Products through which registered users can order or purchase the Product from the Seller. To use Internet shop services, you must additionally read and accept the Products Terms of Sale;
1.8. Products Terms of Sale is a document governing the relationship between you and the Seller when you order or purchase the Products via Internet shop;
2. Website Use
2.1. This Website is intended only for tobacco and/or tobacco-containing product consumers who are at least 18 years of age who reside in Ukraine. To use the Website, you must read and agree to these Terms of Website Use. If you do not agree to the Terms
of Use, you may not use the Website.
2.2. This Website is legally owned and used by PMSD. By means of the Website, PMSD is committed to providing you with necessary, accessible, reliable and timely information on the Product to provide you with an opportunity for its conscious and competent choice. Also, through this Website, you can use the Internet shop services. In this case, you will need to read the Products Terms of Sale and accept them, thereby entering into the relevant relationships with the Seller. Please note that PMSD is not a Product Seller on this Website and does not enter into any relationship with you associated with Product transactions.
2.3. Website Access Access to the Website shall be granted only to those who meet the following conditions: - the user is at least 18 years old; - the user is a tobacco and/or tobacco-containing products consumer; - the user resides in Ukraine. If you wish to receive additional information about the Products from us and/or to use Internet shop services, you must register on the Website. Upon registering, you will be able to choose an appropriate login and password, which shall be personal and not subject to transfer to other persons, by means of which you will be able to continue to access the Website and use its relevant sections. The login shall be given to persons meeting all the above-described conditions, who successfully registered on the Website. We reserve the right to control access to the Website and verify the use of this Website by you.
2.4. Getting Information from You After registering on the Website, you will be included in the database of adult consumers of tobacco-containing products. This means that you will receive information and materials related to tobacco-containing products and various matters associated with tobacco products, as well as invitations to our other websites. By agreeing to the Terms of Website Use, you entitle us to send you such information by electronic communication means or otherwise (including telephone calls, e-mail, mail, SMS, MMS).
3. Termination of Website Use
3.1. To terminate Website use and unregister, you can apply at any time with the appropriate request by calling the hotline telephone number 0-800-507-807. You can also request at any time to stop sending you information and materials related to tobacco-containing products and various issues associated with tobacco-containing products, as well as invitations to our other websites by calling the hotline telephone number 0-800-507-807. In addition, you can request at any time to be removed from the database of adult consumers of tobacco-containing products by calling the hotline telephone number 0-800-507-807. PMSD will take the necessary measures to quickly deactivate your registration and will delete your personal data within 30 days if such a request takes place. Removal from the database of adult consumers of tobacco-containing products means that you will no longer receive the specified information from us.
4. Privacy and Personal Data Protection Statement
By using this Website and accepting the Terms of Website Use and this Privacy Statement, you confirm that you are at least 18 years of age, reside in Ukraine, and are a consumer of tobacco and/or tobacco-containing products; you unconditionally and irrevocably
understand and agree to the following terms and purposes of your personal data use, and also unconditionally and irrevocably understand and agree that such use of your personal data shall not be grounds for payment of any remuneration
or compensation to you. PMSD LLC respects its consumers' privacy. We undertake to take appropriate measures to secure the personal data you provide to us when visiting and using this Website. This Privacy Statement describes all types
of personal data we receive through the Website, how we use them and whom we provide them to, and also indicates that you grant your consent to PMSD LLC to process your personal data. Our Privacy Statement also describes the measures we
take to ensure information security. If you do not agree to this Privacy Statement, you may not use the Website. We reserve the right to make changes at any time to this Privacy Statement, so we recommend you regularly review our website
4.1. Consent to Processing Your Personal Data Your registration on the website shall mean that you grant consent to use and process your personal data and perform other actions stipulated by the Personal Data Protection Act of Ukraine. You confirm that all of your personal data are reliable and accurate. You fully understand that you are liable for providing PMSD LLC with inaccurate personal data.
You confirm that you voluntarily and at no cost provide PMSD LLC with your consent to any perpetual processing of any of your personal data (including surname, name and patronymic, birth date, residential address, landline and/or mobile telephone number, e-mail address, information about your consumption of tobacco-containing products, etc.) in the database of adult consumers of tobacco-containing products of PMSD LLC, including collection, registration, inclusion in databases, accumulation, storage, adaptation, change, update, use, dissemination (distribution, sale, transfer, granting access to any third parties, including non-residents (foreign parties to relationships), without any separate notice to you of such distribution, sale, transfer or granting access), anonymization, destruction of personal data in personal database, both in the territory of Ukraine and abroad, and otherwise collecting, perpetual storing, using and distributing your personal data in order to: (1) provide you, as an adult consumer, with information about upcoming events, arrangement, and services, as well as relevant and reliable information about the Products, devices for its use or employment, as well as the sales points, pursuant to consumer rights protection legislation of Ukraine, (2) make and execute transactions via Internet shop and fulfill the terms of such transactions, (3) receiving feedback regarding quality of customer support, analysis of consumer opinion related to Products, etc., (4) and for another purpose to be separately identified by correspondence or verbally by phone call.
You also hereby agree to entitle any third parties, including non-residents (foreign parties to relationships), to process your personal data for the said purpose. In addition, you consent to FMSD LLC to process your personal data for this purpose, if such personal data has been transferred to FMSD LLC by third parties, provided that such persons obtain your consent and comply with other requirements of Ukrainian legislation on personal data protection.
You also confirm that you voluntarily grant to PMSD LLC, its branches, affiliates, and their authorized persons your consent to PMSD LLC to obtain/perpetual store copies of documents (passport, driving license, etc.) provided by you necessary for your identification and verification of your age if these were provided. You authorize PMSD LLC, its branches, affiliates, and their authorized persons to send information to the addresses, e-mails and phone numbers specified by you according to the purpose of your personal data processing. You agree to immediately inform PMSD LLC of any change in your personal data and/or status as a tobacco-containing product consumer. You also confirm that PMSD LLC may verify your personal data, including the mobile phone number, involving the respective mobile operator. For the purposes of such verification, you enable PMSD LLC and the appropriate mobile operator to exchange data relating to your telephone number. This agreement shall be valid until you revoke it by sending a written notice to PMSD's mailing address.
This is to inform you that your personal data are owned by PMSD LLC. When registering on the Website, the following personal data may be collected: surname, name, patronymic, birth date, place (address) of residence (registration), landline and/or mobile phone numbers, e-mail address, sex, etc. As a personal data subject, you shall be entitled to: 1) know about the sources of collection, location of your personal data, the processing purpose, place of location or place of residence (stay) of the owner or manager of personal data, or give a corresponding order for obtaining this information to authorized persons, except when established by law; 2) receive information about the conditions for granting access to personal data, in particular, information about the third parties to which your personal data are transferred; 3) access to your personal data; 4) within thirty calendar days from the date of receipt of the request, except when provided for by law, receive an answer as to whether your personal data is being processed, and also receive the contents of such personal data; 5) make a reasoned request to the personal data owner objecting to your personal data processing; 6) make a reasoned request to modify or destroy your personal data by the owner and manager of personal data if these data are processed illegally or are unreliable; 7) protect your personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, their non-provision or untimely provision, and also protect against the provision of information that is unreliable or discredits honor, dignity and business reputation of a natural person; 8) file complaints about the processing of your personal data to the Human Rights Ombudsman of the Verkhovna Rada of Ukraine or to a court; 9) take remedial actions in case of violation of personal data legislation protection; 10) warn regarding the limitation of the right to your personal data processing when giving consent; 11) withdraw consent to personal data processing; 12) be aware of the mechanism of automated processing of personal data; 13) be protected against an automated decision having legal effects for you.
For all questions concerning the processing of your personal data by PMSD LLC, please write to the address: 30 Spaska St., Kyiv, 04070, Ukraine, “PMSD” LLС, or by phone 4767, or by e-mail: firstname.lastname@example.org
4.2. How We Protect Your Personal Data Personal data security is a priority for us. We comply with and ensure that Eligible Third Parties comply with appropriate administrative, technical and physical security measures designed to protect against unauthorized disclosure, use, modification or destruction of personal data you provide to us when visiting and using this Website. We use secured communication channels to secure the transfer of your personal data.
4.3. How We Use Personal Data When you visit our Website, your browser automatically sends us the internet protocol (IP) address and some other information (such as the type of browser you use). We do not use client-side marks for storing your personal data and access information. PMSD LLC and its branches, affiliates and their authorized persons acting in accordance with the confidentiality agreements shall be entitled to perform automated and non-automated processing, including collection, systematization, accumulation, storage, refinement (updates, modification), use, distribution (including transfer together with a cross-border transfer), anonymization, blocking, destruction of your personal data, for the purpose of any of the above persons and/or their authorized representatives to contact with you anyway in relation to the purpose of your personal data processing by electronic communication or other means (including phone calls, mail, e-mail, SMS, MMS) in accordance with the requirements of legislation of Ukraine.
4.4. Information We Provide PMSD LLC does not transmit or disclose your personal data we receive on this Website to any third parties for their own marketing purposes. Your personal data received on this Website may be disclosed to any Eligible Third Parties and, to the extent not prohibited by applicable legislation, may be transferred to another country where we and/or any Eligible Third Parties carry out activities, including, but not limited to, the import of your personal data. PMSD LLC and Eligible Third Parties may also disclose your personal data if required by applicable laws. By your inclusion to our database of adult consumers of tobacco products, you will definitely and irrevocably understand and agree to the above-mentioned conditions of disclosure and transfer of your personal data.
5. Intellectual Property Rights
5.1. This Website and its entire contents (including, without limitation, software, files, graphics and other information) are the property of PMSD LLC, its affiliates and/or the third parties as stated on the Website, and/or licensors, and are protected by Copyright and Related Rights Act of Ukraine, trademarks and other acts of Ukraine and other countries. Unless explicitly stated otherwise, the Website shall be intended solely for your personal needs. The use of the materials of this Website for other purposes (including, but not limited to: use of the Website in connection with business activities; modification, distribution, transmission, creation, broadcasting, reproduction, publication, licensing or reverse engineering of any materials, information, software, products or services received from this Website; creation, transfer or sale of derivative products from any materials, information, software, products or services received from this Website) without preliminary written permit shall be strictly prohibited.
6. Changes to These Terms
6.1. We reserve the right at any time to make changes to Terms of Website Use both as a whole and in any parts thereof (such as the privacy statement), therefore we recommend that you periodically review them.
7. Final provisions
7.1. Disclaimer of Warranties You use this Website under your own responsibility. This Website is provided on an "as is" and "as available" basis. PMSD LLC and/or Eligible Third Parties unconditionally and explicitly waive all types of warranties, either express or implied, including, but not limited to: guarantees of quality and fitness for one or another specific purpose and any guarantees of that the materials of this Website do not infringe on any rights; access to this Website will be continuous and will not be prone to errors; that the given Website will be safe; that the given Website or servers that support the Website will not contain viruses; that information on this Website will be complete, accurate or timely. If you download any materials from this Website, you do so solely at your own discretion and under your own liability. The liability for any damage to your computer system or loss of data resulting from the download of such materials shall be solely yours. In addition to the foregoing, you agree to bear the cost of any expenses necessary to service, recover or remedy such damage.
7.2. Limitation of Liability To the fullest extent not prohibited by applicable laws, you understand and agree that neither PMSD LLC nor any Eligible Third Party shall be liable for any losses relevant or arising from your use or inability to use this Website or as a result of any other actions that we or any Eligible Third Parties did or could not do in connection with or as a result of your communication with us or any Eligible Third Parties in relation to this Website. These provisions shall apply to errors, omissions, interruptions, malfunctions, delays, computer viruses, your loss of profit or information, unauthorized access or violation of your transfers or your information, as well as other material or non-pecuniary damage. This limitation of liability shall apply regardless of whether the damage is due under the terms of agreement as a result of negligence or on any other grounds arising out of the use, inability to use or provision of information, services, products or materials available on this Website, and even if we or any of Eligible Third Parties detected negligence or were warned about the possibility of such damage. We shall be entitled to, at any time, without prior warning, extend, modify, suspend or completely close the Website, or any part of it, and we do not accept any liability for this.This Website may contain references or links to other Websites. We shall not be liable for any use of such Websites by you. The references or links to other Websites on our Website are provided for information only, and this in no way means that we support individuals to whom such Websites belong, or guarantee the quality of goods or services contained on such Websites, nor shall we be responsible for the accuracy and reliability of information posted on such websites.
7.3. Indemnification You agree to indemnify and hold harmless PMSD LLC and any Eligible Third Party as well as their respective officials, directors, employees, agents, licensors and suppliers against any and all losses, liability and expenses, including without limitation reasonable attorney's fees and litigation costs arising from or in violation of these Terms of Website Use (including, but not limited to, careless or intentional actions) by you or any other individuals that access the Website using your Internet connection. When your actions cause technical malfunctions of the Website or systems of data transmission between the Website and you or others, you agree to be liable for any damages, including reasonable fees and costs of attorney's fees and litigation costs arising in relation to or following such problems.
7.4. Blocking Access to the Website Your access to the Website may be blocked in the following cases: • You have ceased to meet any of the conditions required for Website access; • provision of incorrect personal data; • You contacted us requesting to close your access to the Website; • For whatever reason, you've been excluded from our database of adult consumers of tobacco-containing products; • If you have more than one login.
7.5. Jurisdiction These Terms of Website Use including privacy statement, as well as your use of the Website, are governed by the laws of Ukraine, and you irrevocably agree with the exclusive jurisdiction of courts located in Ukraine regarding any actions aimed at enforcing these Terms of Website Use and the Privacy Statement. We understand that you have access to this Website from any other jurisdiction in the world. This Website has been created in compliance with the legislation of Ukraine. PMSD LLC affiliates and other Eligible Third Parties carry out their activities in different countries around the world and comply with the requirements of the legislation of the respective jurisdictions in which they operate. If any material on this Website or your use of this Website violates the law of the jurisdiction in which you are at the moment of access to this Website, this Website is not intended for you, and you cannot use this Website. You are responsible for obtaining information about the legislation of the jurisdiction in which you are located and for compliance with the laws of that jurisdiction.
Please note that these Terms of Website Use and the Privacy Statement shall apply only to this Website, and their activities do not apply to any other Websites, including the Websites of PMSD LLC and/or any Eligible Third Party and/or any third parties that may be governed by other terms and policies.