This Data Protection Notice (“Notice”) sets out how Tirlán Co-Operative Society Limited (the “Society”) or its subsidiaries (including Tirlán Limited and its subsidiaries) (“Tirlán”, “we”, “us”), use personal information collected about you in the context of www.tirlan.com and your dealings with us.

Tirlán may amend its Notice from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes made by Tirlán. This Notice was last updated on 02 April 2023.

If you are a member or shareholder in the Society or engage in trading activity with the Society or its subsidiaries (including Tirlán Limited and its subsidiaries), the following Notice will govern how we use and disclose your personal data. This Notice will also outline how Tirlán uses the personal data collected on our websites including www.tirlaningredients.com, www.tirlanfarmlife.com, www.countrylife.ie, www.avonmore.ie and www.trulygrassfed.com (the “Tirlán Websites”).

For the purposes of this Notice, Tirlán is the controller of your personal data, and you can direct questions about this Notice to:

Full name of legal entity: Tirlán Limited

Email address: [email protected]

Post address: Data Protection, Tirlán Limited, Abbey Quarter, Kilkenny, R95 DXR1, Ireland

Telephone number: +353 56 779 6300

Tirlán is committed to ensuring that your rights under data privacy laws are protected and your personal data are kept secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and process in accordance with data privacy laws. The purpose of this Notice is to tell you more about what we do with your personal data in the context of your engagement with us.

1. DATA WE COLLECT

Tirlán may collect or generate the following categories of personal data about you:

• Identity data including first name, middle name(s), surname.
• Identity verification data including date of birth, PPS number and, in certain cases, certified copies of proof of identity such as passport or utility bills.
• Contact details including address, telephone number and e-mail address.
• Financial information such as your bank account details to facilitate payments to you by Tirlán, your card details to facilitate payments from you to Tirlán and, where applicable, other financial information such as your credit limit, Society dividend and shareholding.
• Details of your supplier or customer/trading account including supplier number, customer/trading number, herd number and other personal data related to your milk supply or customer/trading account.
• Details of your compliance with your milk supply agreement, Tirlán’s milk purchasing policies and applicable health and safety legislation.
• Details about you needed to participate in various Tirlán schemes such as the Reserve Pool Scheme and Voluntary Peak Supply Reduction Scheme. 
• Technical data that we may collect about your device when you access Tirlán Websites. This may include your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
• Competition or promotion data when you enter into a competition or promotion run by Tirlán.

We may also receive personal data about you (for example, about your herd, sustainability of your farm and/or compliance with legislation) from third party sources such as:

• State and semi-state authorities such as Bord Bia, Teagasc and the Department of Agriculture, Food and the Marine.
• Industry stakeholders such as the Irish Cattle Breeding Federation (ICBF).
• Other entities connected to your milk supply such as Corporate Members of Tirlán Co-operative Society Members if applicable. 

2. WHAT WE DO WITH THE INFORMATION WE COLLECT

We use this information to provide you with a comprehensive service as a Society member, supplier and / or individual trading with Tirlán and to ensure that our services are managed in the most efficient manner for you. We use your personal data for a number of purposes including:

• for internal record keeping purposes to support purchases and the delivery of services outlined.
• to carry out our obligations arising as a result of your interest in Tirlán including:
  • milk supplier agreements.
  • grain supplier agreements.
  • customer sales and account management; and
  • shareholder / member data management and maintenance.
• to notify you about changes and updates to our products or services or other relevant information.
• to contact you by electronic means (e-mail or SMS) with information which will be of interest to you as a member of the Society, supplier or individual trading with Tirlán.
• to use the information provided through our online channels to customise Tirlán Websites according to your interests.

We primarily process your personal data based on our legitimate interests but, in certain instances, we may process your personal data based on another legal basis where it is more appropriate to do so.  Our legal basis for processing your personal data include:

• legitimate interest: we primarily process your personal data pursuant to our legitimate business interests, including, but not limited to internal record keeping purposes to support and maintain your supplier, customer or trading relationship with Tirlán. You have a right to object at any time to the processing of your personal data on this ground and details on how to exercise your right to object are contained in section 7 of this Notice. When we process your personal data based on our legitimate interests, we make sure to consider and balance any potential impact on you and your data protection rights. We will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law).
• entering into or performance of a contract: it may be necessary for us to process your personal data in order to enter into and perform our contract with you. For example, where you enter into a milk supply, grain supplier or other agreement with Tirlán. If you do not provide your personal data for these purposes, we will not be able to perform our contract with you.
• compliance with a legal obligation: it may be necessary for us to process your personal data in order to comply with legal obligations to which we are subject to under Irish and EU law.
• legal claims: it may be necessary for us to process your personal data to establish, investigate, exercise, or defend a legal claim.

In certain limited circumstances, we may process your personal data based on your freely given consent. For example, when we send you promotional or direct marketing material, we do so on the basis of your consent. You can withdraw your processing consent at any time by contacting us on the details set out in section 7 of this Notice. In the case of direct marketing, we will ask you in each marketing communication whether you want to “unsubscribe” or “opt-out”. Please note that any processing carried out before you withdraw your consent will remain valid.

3. RETENTION OF YOUR DATA

Tirlán will retain your data for the duration required to fulfil the purposes outlined in this Notice, to meet any legal and regulatory requirements and for shareholder / member maintenance. We also retain your data to maintain a trading history for reporting and member benefits for a period not less than 7 years beyond your association with Tirlán.

4. CHANGE OF PROCESSING PURPOSES

We will only use your personal data for the purposes for which we collected it, a legal or regulatory requirement or legitimate interest to use it for another reason that is compatible with the original purpose. Where we need to use your personal data for unrelated purposes, we will notify you and explain the legal basis that allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. SHARING AND DISCLOSURE OF DATA

We may disclose some or all of your personal data to the following parties:

• Computershare: We may from time to time disclose your personal data to enable shares in Glanbia plc to be issued to you in exchange for a portion of your Society shares where Society members approve a “spin out” of shares in Glanbia plc in exchange for Society shares.
• Revenue Commissioners: As required by any legal or statutory obligations.  Subject to your specific approval and the provision of your PPS details, we may disclose details of your transactions in Society shares in order to pay the relevant stamp duties on your behalf.
• Regulatory / government agencies such as Bord Bia and Department of Agriculture, Food and the Marine involved in the governance of dairy, agriculture and consumer food chain services.
• External testing laboratories directly sub-contracted by Tirlán, including Teagasc, as an extension of in-house laboratory services and to fulfil legal obligations
• Industry stakeholders such as the Irish Cattle Breeding Federation (ICBF).
• Other entities connected to your milk supply such as Corporate Members of Tirlán Co-operative Society Members if applicable. 
• Professional advisers including lawyers, bankers, financial service providers, auditors and insurers who provide banking, financial, legal, insurance, consultancy and accounting services to us.
• IT and technical service providers that provide IT and technical services to Tirlán.
• Service providers such as payment service providers, mail delivery and marketing service providers.
• Third parties, to whom we may choose to sell, transfer or merge parts of our business or our assets.

6. TRANSFERS OF YOUR DATA

We may transfer your personal data outside the European Economic Area (“EEA“). Certain recipients, for example, some of our third-party service providers, may process your personal data outside the EEA to a country that does not provide an adequate level of protection for your personal data. Where such transfers occur, it is our policy to put in place an appropriate transfer agreement such as the European Commission’s standard contractual clauses. If you would like to find out more about any such transfers, please contact us on the details set out in section 7 of this Notice.

7. CONTROLLING YOUR PERSONAL INFORMATION

You have a number of rights in relation to your personal data, which are set out below. Please note that in certain circumstances these rights may not be absolute. You have the:

• right of access: you are entitled to receive a copy of your personal data which we hold. We will only charge you for such a request where we feel your request is manifestly unfounded or excessive.
• right to rectification: you can request that we amend any inaccurate personal data that we have about you.
• right to erasure: you can request us to erase the personal data we hold about you in certain circumstances.
• right to restriction of processing: you can request that we restrict our processing of your personal data in certain circumstances.
• right to data portability: you can request your personal data be provided to you in a structured, commonly used, and machine-readable format and have your personal data transmitted to another controller in certain circumstances where it is technically feasible.
• right to object: you can object at any time where we process your personal data on the legal basis of our legitimate interests or where we process your personal data for direct marketing purposes. Please note Tirlán does not engage in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

If you would like to exercise any of these rights or have any questions or concerns about how we use your personal information, please contact us at the above contact details.

We will provide you with information on any action taken upon your request in relation to any of these rights without undue delay and at the latest within one month of receiving your request. We may extend this up to 2 months if necessary; however, we will inform you if this arises. Please note that we may ask you to verify your identity when you seek to exercise any of your data protection rights. You also have the right to lodge a complaint with the Data Protection Commission. For further information, see www.dataprotection.ie.

This legal notice applies to the entire contents of the Website and to any correspondence by e-mail between us and you. Please read this legal notice carefully before using the Website. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full and using the Website indicates that you agree to abide by these terms of use. If you do not accept this legal notice in full, you must leave the Website immediately.

Avonmore is a site operated by Tirlán Limited (we). We are registered in Ireland with our registered office at Abbey Quarter, Kilkenny, Ireland.

1. Access to Website

The information on this Website is intended to be useful and informative for customers of and investors in Tirlán. Access to this Website and the use of the information which appears on it (“the Contents”) are governed by the following terms and conditions. These terms and conditions are important and they may affect your rights. Tirlán may revise the terms and conditions at any time by updating this legal notice.  Please take time to read them carefully each time you visit this Website.

2. Links to other sites

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Tirlán has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Tirlán therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

3. Links to this site

You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

• you do not remove, distort or otherwise alter the size or appearance of the Tirlán logo;
• you do not create a frame or any other browser or border environment around the Website;
• you do not otherwise use any Tirlán trade marks displayed on the Website without express written permission from Tirlán;
• you do not misrepresent your relationship with Tirlán nor present any other false information about Tirlán;
• you do not link from a website that is not owned by you; and
• your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Tirlán expressly reserves the right to revoke the right granted in clause 4 for breach of these terms and to take any action it deems appropriate.

You agree to fully indemnify Tirlán for any loss or damage suffered by it or any of its group companies for breach of this clause.

4. Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

5. Intellectual property rights

The contents are © Tirlán plc. Please note that all images and information contained on this website may be copyrighted works. Either the copyright and all other rights in all of the material on this website are owned by a member of Tirlán or the material is included with the permission of the rights of the owner. Except for the making of a hard copy print for your own personal use only or the use of others in your organisation (or downloading the material for your own personal use or the use of others in your organisation only provided that you retain all copyright and proprietary notices), the material on this website may not be copied, reproduced, transmitted, distributed or displayed, by any means, without the express prior written consent of Tirlán.  If you breach any terms in this legal notice your permission to use the Website automatically terminates and you must, at our option, immediately return or destroy any downloaded, printed or copied extracts from the Website.

6. Disclaimer

While Tirlán endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness or reliability of the material on the Website. Tirlán may make changes to the material on the Website at any time without notice or the material on the Website may be out of date and Tirlán makes no commitment to update such material.

The material on the Website and the Contents are  provided “as is”, without any conditions, warranties or other terms of any kind with respect to this Website or any website or service accessible through this website.. Accordingly, to the maximum extent permitted by law, Tirlán provides you with the Website on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, conditions implied by statute, common law or the law of equity) which, but for this legal notice, might have effect in relation to the Website. Tirlán does not assume any guarantee against patent infringement, liabilities or risks involved from the use of information on the Website.  Any health claims, if any, contained on the Website are for illustration purposes only and are subject to approval by the relevant regulatory authority in each country where purchasers market final consumer products. 

7. Liability

Tirlán any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Tirlán’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in this legal notice shall exclude or limit Tirlán’s liability for death or personal injury caused by our negligence or any person for which we are responsible.

If you are dissatisfied with the Website or any of the Contents, or with any of Tirlán’s Terms of Use, your sole and exclusive remedy is to discontinue using the Website. You agree to indemnify, defend and hold harmless Tirlán, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting or arising out of your breach of any of these Terms of Use.

8. Acceptable use for user generated content (“acceptable use policy”)

We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards, blogs and forums (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

8.1 Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable laws in Ireland and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

8.2 Suspension and termination

We will determine, in our discretion, whether there has been a breach of this policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site. In the event of denial of access by us, you are no longer authorised to use the Website.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

9. Modification and Severability

Tirlán reserves the rights in its sole discretion to modify, alter, add or remove portions, or update these Terms of Use, our policies and our Website at any time. Changes will be posted here and you are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. If any of these terms are deemed invalid, void or unenforceable for any reason, that term will be deemed severable and will not affect the validity and enforceability of the remaining terms.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within three working days of receipt by you of the Products).

10. Jurisdiction and Applicable Law

This Website is established in Ireland and these terms shall be governed and construed in accordance with Irish Law. When you use the Website you accept that your use thereof shall be governed by the laws of Ireland and if any dispute arises as to your use of this website, you agree to allow such dispute to be heard in the Irish courts. If any provisions of these terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

12. Other Policies

Please review the other policies located on our Website, including our Privacy Policy. These policies also govern your use of the Website. In particular, our Privacy Policy explains how we collect, store and use your personal data when you access the Website. By using the Website you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and updating account information for accuracy and completeness.

13. Entire Agreement

13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

13.3 Neither of us shall have any remedy in respect of any untrue statement made by the order, whether orally or in writing, prior to the date of any Contract (unless the such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.