Social Media Accounts Terms of Use and Privacy Policy

You may have been redirected here from one of our social media accounts, for example from the Customer Support pages of one of these accounts (Facebook, Twitter, etc.) (referred to together as “social media accounts” in this document).
Our social media accounts are targeted at adult smokers who wish to continue using tobacco products and for adult IQOS users residing in France. By interacting with and using our social media accounts, you confirm that you meet these criteria.

Who are we?
We are members of the Philip Morris International (“PMI”) group. Our name and contact details have been given to you on the website on which this document (“Terms of Use”) is published or in the respective social media accounts.


How are these Terms of Use accepted?
By using one of our social media accounts, you agree to comply with these Terms of Use. You also agree to comply with all other applicable terms of use (the Facebook Statement of Rights and Responsibilities and Twitter Terms of Service etc.).


Good IQOS practices and duty to inform
We wish to start by pointing out a few important things about IQOS:
PMI markets a range of smokeless products (meaning products that do not burn tobacco). We hope that smokeless products will one day replace cigarettes. We help adult users of smokeless products, by answering their questions about this new way of consuming tobacco products.


1. Our smokeless products are designed for adult smokers who would otherwise continue smoking or continue using nicotine products.


2. Our smokeless products are not designed for non-smokers (anybody who has never used tobacco and/or nicotine products or has quit). Our smokeless products are not an alternative to quitting tobacco altogether and are not designed to help users quit.


3. Our smokeless products provide an alternative to cigarettes but are not risk-free and contain nicotine, which is addictive.


4. The best decision smokers can take by far is to quit using tobacco and nicotine products altogether.


5. Children should not use any type of tobacco or nicotine product.


6. Likewise, pregnant women or people suffering from diabetes or heart problems should not use any type of tobacco or nicotine product.

Your contribution
We monitor our social media accounts regularly, to answer your questions and give as many useful recommendations as possible. We welcome your comments and are committed to responding quickly, in a respectful and accountable environment.

1. You are liable for the content you post on this page and we reserve the right to moderate any of the following types of content:

  • Offensive or insulting language,
  • Hateful, racist or discriminatory comments about race, ethnic origin, religion, gender, disability, sexual orientation or political beliefs,
  • Comments or links including sexual content,
  • Infringement of copyright or intellectual property rights,
  • Spam, linkbaiting or files containing viruses that could interfere with the operation of other people’s electronic devices,
  • Attacks on a specific group or harassing, threatening or abusive comments,
  • Commercial offers or promotion of a competitor,
  • Confidential information or promotion of a competitor,
  • Impersonation of a person or organisation.

2. We reserve the right to block users posting any of the above content, any content we deem inappropriate or any content advertising tobacco products directly or indirectly. We also reserve the right to take down any messages on our social media accounts that, in our opinion, do not comply with these Terms of Use or any other specific terms of use applicable to the relevant platform. Any decision by us to block users or take down content does not need to be notified to the relevant users.


3. Licence to use User-Generated Content (“UGC”) To the extent permitted by applicable law, we may wish to reuse (including for purely internal PMI purposes) content that you submit, display or send as a Private Message (PM) through our social media accounts.

a)     You give the following representations and warranties for any UGC shared with us:


a. You currently use IQOS products and are 18 or older (if you do not appear in the relevant UGC) or 25 or older (if you can be identified in the relevant UGC);


b. The UGC is your original work and does not infringe any third-party intellectual property, personality or other rights;

c. Your authorisation to use the UGC under this agreement (“your Licence”) does not breach any contractual provisions enforceable against you or applicable laws;


d. All people featuring in the UGC, including yourself, are 25 or older and you have their permission to: i) photograph, record or film them, ii) include their photograph, sound and/or video in the UGC, and iii) where applicable, use their name to be shared by PMI and its affiliates for the purposes listed below without any entitlement to fees or royalties, and (iv) are able to provide PMI with a copy of their written authorisation if requested.

b)     You retain all your rights in and to the UGC but you hereby grant PMI and its affiliates a perpetual, royalty-free licence to use and copy the UGC for all lawful purposes, including commercial purposes, at PMI’s sole discretion and without any liability or warranty (express or implied) with respect to our use of the UGC, from the date on which you grant your Licence to PMI and its affiliates.

c)     You grant PMI and its affiliates the right to reproduce, modify, display, distribute, broadcast and prepare derivative works, for the purposes referred to above, worldwide and in all media intended for publication.

d)     You authorise PMI and its affiliates to use your name, nickname, likeness, user name, image rights, voice, live or recorded performance, autograph, photographs and biographical information or those of any other person featuring in the UGC in accordance with our privacy policy published at https://www.pmiprivacy.com/fr/consumer and warrant that you have notified those terms to any other person featuring in the UGC.

e)     PMI and its affiliates may not be held liable for any infringement of third-party property rights or image rights, any invasion of privacy or any defamation when using the UGC and you will indemnify and hold PMI and its affiliates harmless from and against any and all claims, applications, damage, liability, losses, costs or other expenses arising out of or related to any of the foregoing.

f)       You agree that your licence was given on a voluntary basis and that you are free to sign it with PMI.

g)     You may opt out of your licence agreement at any time for any future UGC by contacting ugc-claims@pmi.com (email id) or using any other means, following the instructions set out in the terms of use applicable to our different channels. Even after opting out, your Licence will remain valid and enforceable for any previous UGC covered by your Licence granted to us and/or posted on our channels and accounts by you before opting out, in accordance with the applicable terms of use. 

h)     If you have any questions or wish to receive any clarifications about your Licence, please email us at ugc-claims@pmi.com (email id). You may also use that address to contact us if you believe that materials protected by copyright or intellectual property rights have been used without your permission or that your privacy has been invaded or your personal rights infringed.

i)       Your Licence is governed by French law.

Philip Morris International disclaims any and all liability for any content or links shared by you or third parties. If you wish to share this page or its content, you must ensure that your messages are only seen by adult smokers or adult IQOS users.

Limitations and Exclusions of Liability

    You use our social media accounts at your own risk. Our social media accounts are provided on an “as is” basis, “as and when available”. Where feasible, we may restrict your access to our social media accounts or any features or part of them at any time. We exclude all types of express or implied warranties, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. We do not warrant that access to the site will be uninterrupted or free of errors, that our social media accounts will be secure or that the information posted on our social media accounts is comprehensive, accurate or timely.

    If anyone takes legal action or lodges a complaint against us relating to your actions or contributions, you will indemnify and hold us harmless from and against any and all liability for any kind of damages, losses or expenses (including reasonable legal costs) relating to that action or complaint.


    To the maximum extent permitted by applicable law, you understand and agree that we may not be held liable for any direct, indirect, incidental, special, consequential, punitive or other damage or loss arising out of or related to your use of our social media accounts or any unavailability of those accounts. This includes any damage or loss caused by errors, omissions, interruptions, defects, delays or computer viruses, any loss of profit by you, loss of data or unauthorised access to or alteration of your transmissions or data, and any other tangible or intangible losses. This limitation applies regardless of whether the damage or loss is claimed under a contract, as a result of a breach of a duty of care or on any other ground, and even if we or our representatives have been negligent or were informed of the possibility of the damage or loss.

Jurisdiction Your Privacy

    These Terms of Use and your use of our social media sites are governed by French law.

    Assignments - No Waiver - Severability

    To the maximum extent permitted by applicable law, PMI may assign and transfer its rights and obligations under these Terms of Use to any party, at any time and without notice, unless notice is required under applicable law, but this will not affect your rights or our obligations under these Terms of Use.

    Any failure by us to assert or enforce the strict performance of these Terms of Use may not be treated as a waiver of these Terms of Use or PMI’s rights. Users should always assume that these Terms of Use apply.

    If any provision of these Terms of Use is held to be invalid or unenforceable, the other provisions of these Terms of Use will remain in full force and effect.

    Thank you for taking the time to read these Terms of Use.

    Updates:

    Last updated on [23/03/2020].

To find out more about how we process your personal data, including the types of data we collect, why we use it and who we share it with, or how we protect your privacy, please consult our Privacy Policy (https://www.pmiprivacy.com/fr/consumer).

Changes to these Terms of Use

We may change these Terms of Use at any time without notice. You should consult these Terms of Use whenever you access or use our social media accounts, to stay up to date. If you continue to use our social media accounts after changes have been made, you will be deemed to accept the updated Terms of Use. The date stated at the top of this page is the date of the most recent update to these Terms of Use.

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