REGULATIONS FOR LENDING SERVICE
These Regulations (“Regulations”) define the rules for the provision of Lending Service (as defined in the Regulations) by Philip Morris Polska Distribution Sp. z o.o. with its registered office in Kraków at Al. Jana Pawła II 196 31-982 Kraków (“PMPL-D” or “Service Provider”), entered into the Register of Entrepreneurs by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS number 289223, NIP 675-13-73-354, share capital: PLN 10,000,000.00, e-mail address: firstname.lastname@example.org
§ 1 DEFINITIONS AND GENERAL PROVISIONS
- The following terms used herein shall have the meanings ascribed below:
- Regulations – these Regulations defining the terms and conditions of provision of Lending Service;
- Registration – a one-time activity consisting in providing data to register in the PMPL-D database and create an account in that database, and for the purpose of providing the Lending Service, and in the case of purchase of an IQOS device after lending – for the purpose of providing after-sales services on terms set out in separate documents;
- Lending or Service – an activity consisting in the Customer renting an IQOS device together with 1 pack of tobacco sticks on terms set out in the Regulations;
- Consumer or Customer – a natural person conducting a legal transaction with an entrepreneur, where the transaction not being directly related to that person’s business or professional activity, an adult user of tobacco products or nicotine containing products, interested in the Lending;
- IQOS User – a Consumer registered in the PMPL-D database and having an IQOS device registered in the PMPL-D database;
- IQOS Store employee – an employee of IQOS store conducting Registration and Lending processes
- These Regulations define the terms and conditions for the provision of the Service, the terms and conditions for the conclusion and termination of the Lending Agreement, and the procedure for handling complaints.
- Consumers and IQOS Users are obliged to familiarise themselves with the contents of the Regulations before they begin using the Service and to comply with the provisions of the Regulations from the moment of its acceptance.
- In accordance with the Regulations, the Service Provider shall provide each Consumer and IQOS User with access to the contents of the Regulations so that they can download, copy, and record said Regulations via the IT system used by the Consumer or IQOS User.
§ 2 REGISTRATION AND LENDING
- Registration consists in the provision by the Consumer of all data required by the registration form (first and last name, date of birth, phone number, e-mail address, zip code). During the Registration process, the Consumer may (subject to a separate consent) expressed their willingness to be contacted and to receive commercial information from PMPL-D via e-mail and phone (including text and multimedia messages). The IQOS Store employee registering the Consumer checks whether the Consumer’s data (first and last name, date of birth) is correct based on Consumer’s ID or passport.
- The Service may be used by a Consumer who is not an IQOS User on the following terms:
- The Consumer may use the Service once every 6 months from the date of returning the device he or she rented before;
- The Consumer may rent any device from the pool of devices available for lending in a given IQOS store;
- The Service Provider shall not provide the Service for a Consumer who has not returned the rented device;
- The Service Provider shall not provide the Service for a Consumer who has been excluded from “IQOS Club”, a private consumer programme carried out by PMPL-D, for a breach of the regulations of that programme or of the provisions of law or who has been excluded from “Recommending a Smoke-Free World”, a private consumer programme carried out by PMPL-D, for a breach of the regulations of that programme or of the provisions of law and has been notified of exclusion;
- The Service Provider shall not provide the Service for a Consumer who does not confirm his or her identity or legal age with their ID or passport;
- The Service Provider shall not provide the Service for a Consumer who does not confirm that he or she is an adult user of tobacco products or nicotine containing products.
- The Service may be used by an IQOS User on the following terms:
- It is possible to rent an IQOS device only if the Consumer wishes to rent a newer model of the device than the one he or she currently has before purchasing a newer model of the device;
- The Service Provider shall not provide the Service for an IQOS User who has not returned the rented device;
- The Service Provider shall not provide the Service for an IQOS User who has been excluded from “IQOS Club”, a private consumer programme carried out by PMPL-D, for a breach of the regulations of that programme or of the provisions of law or who has been excluded from “Recommending a Smoke-Free World”, a private consumer programme carried out by PMPL-D, for a breach of the regulations of that programme or of the provisions of law and has been notified of exclusion;
- The IQOS Store employee shall have the right to refuse to rent a device to any Consumer or IQOS User who does not meet the conditions set out in § 2(2) or (3) of the Regulations.
- The Lending Agreement shall be concluded under the following terms and conditions:
- The Consumer or IQOS User may use, without making any payments to PMPL-D, any and all functionalities of the IQOS device by checking whether the IQOS device meets his or her expectations, for a maximum of 14 calendar days from the date of Lending of the IQOS device. The IQOS device must be returned to the IQOS store where the Consumer or IQOS User rented the device not later than the closing time of a given IQOS store on the 14th (fourteenth) day of Lending. The Consumer or IQOS User receives a text message reminding him or her of this obligation before the expiry of the aforementioned the time limit;
- The Service Provider offers the possibility of renting an IQOS device free of charge, along with a pack of HEETS;
- The Consumer or IQOS User is obliged to return the IQOS device intact and complete and is responsible for the condition of the IQOS device beyond reasonable wear and tear;
- If the Consumer or IQOS User fails to return the IQOS device within the time limit set out in the Regulations, PMPL-D may take any legal steps to enforce the return and satisfy its potential claims for damages.
- In order to ensure proper performance of the Service, the Consumer or IQOS User is obliged to:
- provide truthful, accurate, and valid data which are non-misleading and do not violate the rights of third parties;
- immediately update the data if it changes;
- use the service offered by the Service Provider in a manner consistent with applicable laws, the provisions hereof as well as commonly adopted applicable practices and principles of community life;
- Each Consumer and IQOS User shall bear sole responsibility for the content of the data provided by them.
- The Consumer may terminate the Lending Agreement with immediate effect,
at any time, by returning the IQOS device before the time limit set out in section 5 of this paragraph, without the need to make any additional statements in this regard.
- The Service Provider may at any time terminate the Lending Agreement with the Consumer or IQOS User with immediate effect for valid reasons, understood exclusively as gross violation by the Consumer or IQOS User of the provisions of the Regulations. The Service Provider shall send its statement in this regard to the e-mail address provided by the Consumer during the Registration process or to the e-mail address of the IQOS User included in the PMPL-D database. The Consumer or IQOS User shall immediately return the IQOS device to the IQOS store where he or she rented the device.
§ 3 COMPLAINTS ABOUT SERVICE
- The Consumer or IQOS User shall have the right to file a complaint about the performance of the Service at any time, in particular in the form of an e-mail sent to: email@example.com. In order to expedite the consideration of the complaint, the Service Provider recommends that at least the following data be provided in the complaint:
- first and last name, e-mail address, phone number;
- a brief description of the reasons justifying the complaint.
- The complaint will be handled by the Service Provider within 30 days from receipt of the complaint notice.
§ 4 PERSONAL DATA
- The Service Provider shall be the Controller of Personal Data processed as part of the Service.
- The processing of personal data shall take place in accordance with the rules laid down in
Regulation No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”).
- The purposes of processing of personal data by the Service Provider:
- personal data are processed for the purpose of provision of the Service by the Service Provider pursuant to Article 6(1)(b) of the GDPR, i.e. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- in order to settle potential complaints – data processing takes shall take place on the basis of a legitimate interest pursued by the Service Provider, where a legitimate interest shall be understood as the possibility of settling a complaint filed, the time of processing is equal to the time intended for filing and settling the complaint.
- for statistical, archiving purposes and ensuring the accountability of the performance of obligations by PMPL-D under the provisions of law.
- The provision of data is voluntary, but necessary for the achievement of the objectives specified in § 4(3) of the Regulations.
- Each Consumer and IQOS User have the right to access the content of their data, demand their rectification, erasure, restriction of processing, and transfer (data portability) pursuant to Articles 15 to 22 of the GDPR, and the right to object to the processing of personal data.
- After the end of the use of the Service by the Consumer and IQOS User, the Service Provider shall no longer process the personal data listed in § 4(10) below, with the exception of data which can be processed by law or under the contract and is necessary to clarify the circumstances of unauthorised use of the Service.
- The Service Provider declares that the data of consumers and IQOS Users will not be processed in an automated manner and will not be subject to profiling.
- The data of Consumers and IQOS Users may be provided to subcontractors of the Service Provider and entities authorised by law, i.e. entities providing maintenance services and technical support for applications, IT systems in which the personal data of Consumers are collected, as well as entities providing legal and accounting services to the organizer and are authorised by law.
- The data of IQOS Consumers and Users will not be transferred to third countries (i.e. outside the European Economic Area including the European Union, Norway, Liechtenstein and Iceland).
- The Service Provider shall collect the following data from IQOS Consumers and Users: first and last name, date of birth, phone number, e-mail address, zip code.
- Consumers and IQOS Users may contact PMPL-D if they have any questions concerning the processing of their personal data by using the following e-mail address: firstname.lastname@example.org.
- The Consumer and the IQOS User have the right to file a complaint with the supervisory authority (President of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warszawa; www.uodo.gov.pl).
§ 5 AMENDMENTS TO REGULATIONS
- The Regulations are available at www.systemiqos.pl and can be accessed at each IQOS store offering the Service.
- The Service Provider reserves the right to modify the Regulations, including in the case of occurrence of any of the following valid causes:
- amendments to the laws governing the provision of the Service by the Service Provider which affect the mutual rights and obligations laid down in the Lending Agreement;
- the need to adapt the activities carried out by the Service Provider to orders, rulings, decisions, or guidelines resulting from:
- any decision of the public authority competent to regulate the activities carried out by the Service Provider, public administration authority which affects the mutual rights and obligations laid down in the Lending Agreement, or
- a court ruling applicable within the scope of activity of the Service Provider affecting the mutual rights and obligations specified in the Lending Agreement.
- In case of any amendments hereto, the Service Provider shall make the consolidated text hereof available to the Customer by publishing it at www.iqos.com.
§ 6 FINAL PROVISIONS
- The conclusion of the Lending Agreement shall be governed by the laws of Poland.
- The contents of the Regulations are available free of charge at iqos.com, where it is possible to review, print or save the Regulations on a device and can be accessed at each IQOS store offering the Lending Service.
- Should any provision of the Regulations prove invalid or ineffective, the Regulations shall remain in full force and force with regard to the remaining provisions.
- By renting a device, the Consumer and IQOS User agree to adhere to the Regulations.
Philip Morris Polska Distribution Sp. z o.o.
Aleja Jana Pawła II 196