Terms and Conditions

An Post’s Publicity Post Service

General Terms & Conditions
“Customer Leaflet Content” means customer generated leaflet content including but not limited to, images, logos, and phrases submitted to An Post in pdf format for printing and delivery via the Publicity Post Print and Delivery Service.
Data Protection Laws means the laws applicable to the Processing of Personal Data including, without limitation, the Data Protection Acts 1988 to 2018, the General Data Protection Regulation of the European Parliament and the Council of 27 April 2016 (Regulation (EU) No 2016/679) (the “GDPR”), any applicable consequential national data protection legislation, all Irish and European Union (with direct effect) laws and regulations relating to Processing of Personal Data and privacy, and all industry guidelines (whether statutory or non-statutory) and / or applicable codes of practice and guidance notes issued from time to time by a Competent Authority relating to the Processing of Personal Data or privacy, in each case as amended, supplemented or replaced from time to time.
“Publicity Post Delivery Only Service” means the unaddressed leaflet delivery service from An Post.
“Terms” means these terms and conditions as amended supplemented or replaced by An Post from time to time.
“The Service” means the “Publicity Post Print and Delivery Service” and/or the “Publicity Post Delivery Only Service” as the context requires.
The terms “Controller”, “Data Subject”, “Personal Data”, and “Processing” and “Processor” shall have the same meanings as in the Data Protection Laws and “Processed” and “Process” shall be construed in accordance with the definition of “Processing”.

1.    By availing of the Service the customer acknowledges and agrees to abide by these Terms
2.    The Service is available to customers at the rates specified by An Post. These rates are available from An Post and via our website [insert link] and are subject to change without notice.
3.    Items for mailing through the Service must comply with An Post’s packing instructions which are available from An Post.
4.    Use of the Service is subject to full payment at the nominated office upon delivery or, where orders are placed online, at time of booking via our website. 
5.    Customers must declare the correct weight and volume of their mailing at the time of booking. Where An Post determine that an order exceeds the declared weight and volume the mailing will be held by An Post until such a time as the balance due has been discharged by the customer.  
6.    For mailings over 250,000 items, a 50% deposit is required at the time of booking. This fee is non-refundable in the event that the order is cancelled less than six weeks before it is due to be delivered. 
7.    An Post reserves the right to review all material to be printed and delivered through the Service and to refuse the Service to any material at its absolute discretion. 
8.    The Service is provided to all addresses in the selected zones unless the occupant(s) at the address inform(s) An Post that unaddressed direct mail should not be delivered to that address by displaying a declaration to that effect on/beside his/her/their letterbox.
9.    The Service may be restricted at An Post’s discretion during the two weeks immediately preceding General, Presidential, European, or Bye-Elections (in the areas concerned), during local elections, referenda, during the month of December or at other times when the volume of mail necessitates. 
10.    An Post retains the right to restrict or discontinue the Service at its absolute discretion, subject to the return of any monies paid or deliveries not completed due to such restriction or cancellation. 
11.    The Service does not provide a guaranteed delivery to every household for unaddressed items. The Service ensures delivery of the total amount of items specified for each zone (the zone amount).  We update the zone amounts once per year and in most cases we round down the zone amount to the nearest 100. Therefore the zone amount may be marginally smaller than the number of households in that zone.
12.    Force majeure. An Post shall have no liability to the Customer if it is prevented from or delayed in performing the Service or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of An Post or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, snow or any adverse weather conditions or default of suppliers or sub-contractors.
13.    The customer warrants that any Publicity Post and its use by An Post for the purpose of providing the Service will not infringe the copyright or other rights of any third party  and the Customer shall indemnify An Post against any and all loss, damages, costs, expenses or other claims arising from any such infringement. 
14.    Where the customer submits Customer Leaflet Content to An Post which contains Personal Data the customer thereby instructs An Post (or the Permitted Sub-Processor or any Additional Permitted Sub-Processors on behalf of An Post) to print the Customer Leaflet Content and dispatch for delivery by ordinary post in accordance with these Terms and any other written directions provided by the customer to An Post in accordance with clause 18. 
15.    Where the customer uploads Customer Leaflet Content, in addition to the warranties set out at clause 18.e., the customer represents and warrants that it is entitled and/or authorised to use the Customer Leaflet Content and that the Customer Leaflet Content does not infringe any laws or rights of third parties (including, without limitation, all intellectual property laws and rights), and the customer agrees to indemnify and keep An Post indemnified against any claim arising out of the use of the Customer Leaflet Content.
16.    Each Party shall at all times comply with its obligations under the Data Protection Laws in relation to any Personal Data Processed in connection with the Service.  Nothing in these Terms shall be construed as preventing either Party from taking such steps as are necessary to comply with the Data Protection Laws. 
•    An Post as Data Controller 
17.    An Post acknowledges that it acts as a Controller in respect of Personal Data Relating to the Customer (as defined in ‘Definitions’ above).  An Post will handle any Personal Data relating to the customer in accordance with the An Post Privacy Policy.  That Policy includes details of the Personal Data that An Post collects, how it will be used, who we pass it to and the customer’s rights in this regard.  
•    An Post as Data Processor 
18.    An Post acknowledges that, in the event that a customer uploads Personal Data it will receive and Process such customer Personal Data as a Processor in order and for as long as is necessary to provide the relevant Service.  In that event, this clause 18 shall apply as follows: 

a.    An Post shall:
i.    only Process the customer Personal Data to the extent required to provide the relevant Service in accordance with the customer’s instructions contained in these Terms, or otherwise in accordance with any specific documented instructions received from the customer in accordance with this clause 18, including with regard to transfers of the customer’s Personal Data to a third country or an international organisation, unless required to do so by laws of a member of the European Union or European Union law to which An Post is subject (“Applicable Laws”).  Where An Post is required to Process the customer Personal Data pursuant to Applicable Laws, An  Post shall notify the customer of this before performing the Processing required by Applicable Laws, unless those Applicable Laws prohibit An Post from so notifying the customer;
ii.    taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of Data Subjects, implement appropriate technical and organisational measures to protect the customer Personal Data against unauthorised or unlawful Processing and against accidental or unlawful loss, destruction, damage, alteration, or disclosure;
iii.    to the extent necessary taking into account the nature of the Processing and insofar as reasonably possible, assist (provided that the request includes all information reasonably necessary to action the request) the customer by appropriate technical and organisational measures in fulfilling its obligations to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR in respect of the customer Personal Data processed by An Post under these Terms;
iv.    taking into account the nature of the Processing and the information available to An Post, assist the customer in relation to the discharge by the customer of its obligations relating to security of data processing (Article 32 of the GDPR), notification of data breaches (Articles 33 and 34 of the GDPR) and data protection impact assessments (Article 35 and 36 of the GDPR); 
v.    at the written direction of the customer, delete or return the Customer Personal Data to the Customer after the end of the provision of the relevant Service.  For the purpose of this clause 18.a.v., the Customer hereby directs An Post to delete the customer Personal Data within a reasonable time of the cessation of the provision of the relevant Service to the customer.  The provisions of this sub-clause shall not apply to the extent An Post is obliged by Applicable Laws to keep copies of the customer Personal Data.
vi.    at the request of the customer, make available to the customer all information necessary to demonstrate compliance with An Post’s obligations contained in this clause 18, and at the request of the Customer (giving reasonable notice to An Post) allow for and contribute to audit or inspection (at a time agreed by the Parties acting reasonably) of the Processing activities connected to the relevant Service (and related facilities) carried out pursuant to these Terms, which audit shall be carried out by the customer or its authorised representatives (bound by a duty of confidentiality, and being a reputable and qualified auditor); 
vii.    An Post shall inform the customer immediately if, in its opinion, any of the customer’s instructions infringe the Data Protection Laws.  Nothing in these Terms, or any other instructions issued by or on behalf of the customer pursuant to these Terms, shall require An Post to infringe any Data Protection Laws, and An Post shall not be in breach of the customer’s instructions or of its obligations under clause 18 of these Terms by failing to observe any such instructions.  

•    Authorisation by Customer to Appointment by An Post of Sub-Processors 
b.    The customer hereby authorises An Post to engage RR Donnelley Ireland Limited, a company incorporated under the laws of Ireland (registration number 321694), as a sub-processor to provide certain services in connection with the Service (the “Permitted Sub-Processor”).  An Post confirms that it has entered into a written agreement with the Permitted Sub-Processor incorporating terms, which impose on that Permitted Sub-Processor substantially similar data protection obligations as are imposed on it by this clause 18. 
c.    The customer also hereby authorises An Post to appoint other third parties to Process Customer Personal Data (“Additional Permitted Sub-Processors”), provided that An Post shall notify the Customer in advance of such appointment or change in Additional Permitted Sub-processors.  In the event of any such notification by An Post, the customer shall inform An Post prior to placing an order for the Services in the event that it (acting reasonably) objects to the appointment or change of Additional Permitted Sub-Processors.  Where An Post engages Additional Permitted Sub-Processors to carry out specific Processing activities in connection with the Services, An Post shall impose on any such Additional Permitted Sub-Processor, by way of contract, substantially similar data protection obligations as are imposed on it by this clause 18.  
d.    An Post shall ensure that the Permitted Sub-Processor and any Additional Permitted Sub-Processors engaged in the provision of the relevant Service have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. 

•    Customer’s Representations, Warranties and Undertakings as Controller 
e.    The customer represents, warrants and undertakes that:
i.    the customer’s instructions to An Post in connection with or arising out of the Processing of the customer Personal Data are and will at all times be lawful and shall not contravene any Data Protection Laws;
ii.    the Processing of the customer Personal Data by or on behalf of the customer (up to and including the making available of the customer Personal Data to An Post by whatever means (including by upload to the An Post website)) has been and will continue at all times to be carried out in accordance with the relevant provisions of the Data Protection Laws (and, where applicable, has been notified to the relevant Competent Authorities or regulators) and does not contravene any Data Protection Laws;
iii.    the Processing, in accordance with and as contemplated by these Terms will not contravene Data Protection Laws;  
iv.    any customer Personal Data provided by it to An Post has been collected in accordance with the Data Protection Laws and the relevant Data Subjects have been informed of the purposes for which their Personal Data will be Processed in connection with the relevant Service;  and
v.    it has and will continue at all times to have in place all fair processing notices and (where applicable) consent mechanisms for Data Subjects sufficient to ensure that all Processing of customer Personal Data by An Post (or the Permitted Sub-Processor or any Additional Permitted Sub-Processors on behalf of An Post), in accordance with these Terms, will be lawful and shall not contravene any Data Protection Laws.  

•    Fees in Relation to An Post’s Role as Processor 
f.    To the extent permissible by law, An Post shall be entitled at its sole discretion to charge the customer a reasonable fee (calculated on a time and materials basis) for the assistance it provides to the customer in complying with clause 18.a.iii. – 18.a.vi.

19.    An Post shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for loss of profits, loss of business depletion of goodwill and/or similar losses, or loss of contract, or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
20.    An Post's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Service shall be limited to the price paid for the Services.
21.    Any claims relating to poor service, or other errors must be received within 20 days of the posting date.
22.    These Terms and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the Republic of Ireland.

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