Admailer Service Terms and Conditions

Definitions

Admailer means the web based services made available by An Post to allow Users to undertake promotional campaigns by: designing a Direct Mail Piece for printing and dispatch by or on behalf of An Post to Unique Addresses; designing a Direct Mail Piece for printing and dispatch by or on behalf of An Post to a User Address Database (the Database Uploader Service); or ordering or designing Business Products for dispatch to the User.

An Post shall include An Post’s subsidiaries, agents, contractors and sub-contractors where the context so permits or requires.

Audience Selector means a targeting tool available to use based on the census information (Source: CSO Ireland).

A5 Postcard means an A5 sized postcard (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

Business Card means an 85mm x 55mm sized business card (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

Business Day means a day except a Saturday, Sunday, Good Friday, the next Business day after 27 December each year or a day designated as a Public Holiday within the meaning of the Organisation of Working Time Act 1997.

Business Product means Promotional Postcards, Business Cards, Compliment Slips, Letterheads, Posters and Promotional Greeting Cards.

Competent Authority means the Irish Data Protection Commission, the European Data Protection Board, and any other supervisory authority with jurisdiction over a Party (including in each case any replacement or successor authority).

Compliment Slip means an DL sized compliment slip (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

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.

Delivery Addresses means the Unique Addresses to which Direct Mail Pieces are dispatched.

Direct Mail Piece means a Letter or a Postcard as the context requires.

Fees means the Fees as advised to the User by An Post for the Service as more particularly set out on the Admailer website.

Greeting Cards means an 4 Page A5 sized Card (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

House means a commercial or a residential building.

Letterhead means an A4 sized Letterhead (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

Letter Mailing means an A4 sized letter (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content, the letter is folded and delivered in a C5 Envelope.

Non-Unique Address means a postal address which is not a Unique Address.

Party means An Post or the User, and Parties means An Post and the User.

Personal Data Relating to the User means Personal Data relating to the User obtained by An Post in connection with use by the User of his or her registered Admailer account, including (as relevant): the User’s name; email address; address (including Eircode); password; business name; contact number; and other Personal Data relating to the User provided by the User to An Post, for example by email. Through your use of the AdMailer website we may also collect information such as identification IP addresses, cookie identifiers and online identifiers.

Posters means an A0/A1/A2/A3 sized Poster (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

Promotional Postcard means an A5/A6 sized postcard (in colour or in black and white) designed by the User, which may either be selected from any of the templates on the Admailer website or created from a blank template populated with User Generated Content.

Service means the Admailer service.

Terms means these terms and conditions, as amended, supplemented or replaced by An Post from time to time.

Unique Address means the postal address for a building which can be uniquely identified by reference to a house number/name and its associated locality and/or thoroughfare and post town where such house name/number is unique within that locality and/or thoroughfare.

User means a registered user of the Service using the Admailer registration process on the Admailer website.

User Address Database means a file containing a copy of a list of names and addresses, uploaded to the Admailer website by the User, for the purpose of utilising the Database Uploader Service.

User Address Database Personal Data means any Personal Data provided by the User to An Post by uploading a User Address Database.

User Personal Data means (as relevant) the User Generated Content Personal Data and / or the User Address Database Personal Data.

User Generated Content Personal Data means any Personal Data that the User includes in User Generated Content.

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”.

AdMailer Service and Consideration

In consideration of the payment of the Fee, An Post agrees to make the Service available to the User on the following Terms:

General and Agreement to Terms by the User

1. By availing of the Service the User acknowledges and agrees to abide by these Terms.
2. The Service may be availed of by a User by directly using and placing an order on the Admailer website by selecting at least 200 Delivery Addresses to which Direct Mail Pieces will be dispatched, by uploading a User Address Database in accordance with these Terms to which Direct Mail Pieces will be dispatched, or by ordering Business Products for dispatch to the User.
3. If the User has agreed to avail of the Service by paying the Fee, the order shall be deemed to have been placed by the User and An Post shall issue an order confirmation to the User by email using the email address provided by the User for the Service.
4. Fees shall be payable by way of credit card or debit card only.
5. Subject to clauses 1, 10 and 11, An Post (or the Permitted Sub-Processor or any Additional Permitted Sub-Processors as relevant) shall commence the printing and dispatch of the Direct Mail Pieces and shall commence the printing and dispatch of the Business Products to the User within three (3) Business Days.

User Generated Content

6. The User may upload a copy of their own content, including but not limited to, images, logos, and phrases (“User Generated Content”), in place of An Post content from the Admailer website, for use on the Direct Mail Piece or Business Product. In the event that the User uploads User Generated Content Personal Data, the User thereby instructs An Post (or the Permitted Sub-Processor or any Additional Permitted Sub-Processors on behalf of An Post) to print the User Generated Content Personal Data and dispatch Direct Mail Pieces or Business Products for delivery by ordinary post in accordance with these Terms and any other written directions provided by the User to An Post in accordance with clause 19.
7. Where the User uploads User Generated Content, in addition to the warranties set out at clause 19.e., the User represents and warrants that it is entitled and/or authorised to use the User Generated Content and that the User Generated Content does not infringe any laws or rights of third parties (including, without limitation, all intellectual property laws and rights), and the User agrees to indemnify and keep An Post indemnified against any claim arising out of the use of the User Generated Content.

Database Uploader Service

8. The User may upload a User Address Database. In the event that the User uploads a User Address Database, the User thereby instructs An Post (or the Permitted Sub-Processor or any Additional Permitted Sub-Processors on behalf of An Post) to print Direct Mail Pieces for dispatch by ordinary post to the User Address Database (the “Database Uploader Service”) in accordance with these Terms and any other written directions provided by the User to An Post in accordance with clause 19.
9. In addition to the warranties set out at clause 19.e., where the User uses the Database Uploader Service, the User represents and warrants that the information contained in the User Address Database is complete, accurate and correctly formatted prior to being uploaded. The User acknowledges that the provision of the Database Uploader Service is dependent on the accuracy of the User Address Database which is the sole responsibility of the User to provide. To the extent permitted by law, the User agrees to indemnify and keep An Post indemnified against any claim arising from the use by An Post of the User Address Database.

Limitations to the Provision of the Service

10. An Post reserves the right in its absolute discretion to:
    1. refuse to print any Direct Mail Piece or Business Product designed by the User and/or to provide the Service where An Post considers:
       1. the design to be indecent or obscene; and/or
       2. The Direct Mail Piece or Business Product contains any material which may be defamatory or contrary to public policy; and/or
       3. to be contrary to its commercial interest or beyond its capacity.
    2. suspend, delay and/or terminate with reasonable notice the Service where the Service is not workable.
11. The timeframes for dispatch and completion of an order are indicative only and An Post does not guarantee the commencement or the completion of an order within the timeframes set out.

Limitation of Liability of An Post

12. An Post shall be immune from all liability in respect of any loss or damage suffered by the User because of:
    1. any failure or delay in providing, maintaining or operating the Service by An Post;
    2. any failure, interruption, suspension or restriction of the Service provided by An Post;
    3. any event described in clause 10.a.;
    4. failure by the User to comply with these Terms; and/or
    5. termination of the Service in accordance with these Terms.
13. Save as provided herein An Post shall have no liability to the User in respect of any damage or loss suffered by the User or delay in provision of the Service PROVIDED ALWAYS THAT An Post may in any case in which it considers it just and reasonable to do so refund the Fees paid to it by the User and it may attach such conditions as it deems appropriate to such refund.

Complaints

14. Any complaints made to An Post relating to any aspect of the provision of the Service by it to the User shall be made to An Post within 20 days of the order completion date.

Other Applicable An Post Policies

15. Use of the Service by the User is governed by applicable An Post policies located at www.anpost.ie/AnPost/AnPostPolicies.htm, and any other policies specific to the Service. Such policies include, without limitation, An Post’s Web Policy and the Admailer Privacy Policy and Cookie Policy (containing information about use of cookies on the Admailer website).

Data Protection and Privacy

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.
17. 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

18. An Post acknowledges that it acts as a Controller in respect of Personal Data Relating to the User (as defined in ‘Definitions’ above). An Post will handle any Personal Data Relating to the User in accordance with the Admailer 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 User’s rights in this regard.

An Post as Data Processor

19. An Post acknowledges that, in the event that a User uploads User Personal Data (as defined in ‘Definitions’ above), it will receive and Process such User Personal Data as a Processor in order and for as long as is necessary to provide the relevant Service. In that event, this clause 19 shall apply as follows:
    1. An Post shall:
       1. only Process the User Personal Data to the extent required to provide the relevant Service in accordance with the User’s instructions contained in these Terms, or otherwise in accordance with any specific documented instructions received from the User in accordance with this clause 19, including with regard to transfers of the User 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 User Personal Data pursuant to Applicable Laws, An Post shall notify the User of this before performing the Processing required by Applicable Laws, unless those Applicable Laws prohibit An Post from so notifying the User;
       2. 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 User Personal Data against unauthorised or unlawful Processing and against accidental or unlawful loss, destruction, damage, alteration, or disclosure;
       3. 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 User 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 User Personal Data processed by An Post under these Terms;
       4. taking into account the nature of the Processing and the information available to An Post, assist the User in relation to the discharge by the User 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);
       5. at the written direction of the User, delete or return the User Personal Data to the User after the end of the provision of the relevant Service. For the purpose of this clause 19.a.v., the User hereby directs An Post to delete the User Personal Data within a reasonable time of the cessation of the provision of the relevant Service to the User. The provisions of this sub-clause shall not apply to the extent An Post is obliged by Applicable Laws to keep copies of the User Personal Data.
       6. at the request of the User, make available to the User all information necessary to demonstrate compliance with An Post’s obligations contained in this clause 19, and at the request of the User (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 User or its authorised representatives (bound by a duty of confidentiality, and being a reputable and qualified auditor);
       7. An Post shall inform the User immediately if, in its opinion, any of the User’s instructions infringe the Data Protection Laws. Nothing in these Terms, or any other instructions issued by or on behalf of the User pursuant to these Terms, shall require An Post to infringe any Data Protection Laws, and An Post shall not be in breach of the User’s instructions or of its obligations under clause 19 of these Terms by failing to observe any such instructions.

Authorisation by User to Appointment by An Post of Sub-Processors

2. The User 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 19.
3. The User also hereby authorises An Post to appoint other third parties to Process User Personal Data (“Additional Permitted Sub-Processors”), provided that An Post shall notify the User in advance of such appointment or change in Additional Permitted Sub-processors. In the event of any such notification by An Post, the User 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 19.
4. 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.

User’s Representations, Warranties and Undertakings as Controller

5. The User represents, warrants and undertakes that:
   1. the User’s instructions to An Post in connection with or arising out of the Processing of the User Personal Data are and will at all times be lawful and shall not contravene any Data Protection Laws;
   2. the Processing of the User Personal Data by or on behalf of the User (up to and including the making available of the User Personal Data to An Post by whatever means (including by upload to the Admailer 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;
   3. the Processing, in accordance with and as contemplated by these Terms will not contravene Data Protection Laws;
   4. any User 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
   5. 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 User 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

6. To the extent permissible by law, An Post shall be entitled at its sole discretion to charge the User a reasonable fee (calculated on a time and materials basis) for the assistance it provides to the User in complying with clause 19.a.iii. – 19.a.vi.

Ordinary Postal Service

20. For the avoidance of doubt, notwithstanding anything else in these Terms, the User acknowledges and agrees that Direct Mail Pieces and Business Products ordered as part of the Service will be dispatched by An Post (or the Permitted Sub-Processor or any Additional Permitted Sub-Processors on behalf of An Post) for delivery by way of ordinary post. Where An Post collects and delivers Direct Mail Pieces and / or Business Products ordered as part of the Service in its capacity as provider of national postal delivery services, the User acknowledges and agrees that An Post is neither a Controller nor a Processor of Personal Data for that purpose. The An Post Universal Postal Service Terms and Conditions govern the transmission and management of ordinary mail.

Miscellaneous

21. These Terms and any documents referred to in these Terms embody the entire understanding between the User and An Post and there are no additional terms or obligations other than those contained or referred to herein.
22. The Service is only delivered by An Post on the island of Ireland. Any records which are included in any uploaded User Address Database which are destined for delivery outside the island of Ireland will not be delivered but will be charged for.
23. The headings in these Terms are inserted for convenience and do not affect the construction of these Terms.
24. Each and every obligation in these Terms shall be treated as a separate obligation and shall be severally enforceable as such, and in the event that any obligation or obligations are found by any authority of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms, all of which shall remain in full force and effect.
25. These Terms may be updated from time to time by An Post on the Admailer website.

Governing Law and Jurisdiction

26. These Terms shall be deemed to have been made in Ireland, are subject to Irish law and to the exclusive jurisdiction of the Irish Courts.