General terms and conditions for access to and usage of our web site.
Transparency is one of our core pillars, so when you use our digital services we want you to understand what data you provide to us, how we use it, and how you can update or delete it. We therefore invite you to read this policy carefully; failure to so shall be entirely at you responsibility as a user.
Enel has implemented all legally required data protection levels, to prevent the loss, misuse, modification, unauthorized access, and theft of the personal data entrusted to us. However, users should be aware that online security measures are not invulnerable to potential attacks.
I. General Information
When you use this website you are a user, and thus express your full and unreserved acceptance of all of the General Conditions published by Enel when you use the site, notwithstanding your acceptance of all applicable specific conditions. Any usage other than as authorized is expressly prohibited, and Enel is empowered to deny or withdraw access and usage of the site at any time and without prior notice for any users who breach these general conditions or any applicable special conditions.
Enel reserves the right to unilaterally modify these conditions at any time and without prior notice. Any modifications will be published and communicated with as much advance notice as possible. Enel similarly reserves the right to unilaterally modify the presentation and configuration of the site at any time and without prior notice.
The site is free to access and use, and does not require prior user registration in general. However, certain information and services are only available on the site to users who have consulted with Enel in advance.
When you access our website you are expressly authorized to view all information contained in the pages, and to make private copies of the same in your computer systems, so long as such content is for your exclusive usage and is not subsequently passed on to third parties. Therefore:
- You are not authorized to publicly communicate, reproduce, copy, distribute, modify, or assign the information contained in the site, without the prior authorization of the owner of the corresponding intellectual property rights, or unless such acts are legally permitted.
- You are not authorized to use the information contained in the site for the purposes of direct sales or any other class of commercial usage, to send unsolicited messages to a number of persons regardless of the purpose thereof, or to sell said information in any way.
- You are not authorized to suppress, evade, or manipulate copyright or any other information pertaining to rights held by Enel or other included entities, or technical protection mechanisms, or any other protection elements.
- You are not authorized to disassemble, decompile, or invert the databases used to store the site’s information
- You are not authorized to engage in any form of spamming relating to or based on usage of the site of the information and services for the purpose of sales or any other commercial activities, sending messages to more than one person, without having submitted a prior request and received corresponding consent, or to send any other unsolicited messages or messages without prior consent to a number of people, and may not send chains of electronic messages or messages without prior consent, or make use of any distribution lists that may be accessible using the site.
Any breach of the requirements stated in this paragraph shall be considered to constitute infringement of intellectual property held by Enel, giving rise to legally established liability that may be pursued by means of actions pertaining to civil, administrative, or criminal law, as applicable.
- Content Ownership
Furthermore, Enel guarantees that the content items, including those relating to intellectual property, are not unlawful and to not breach applicable regulations. Thus, the content of the site is not xenophobic, pornographic, discriminatory, racist, or liable in any way to promote violence. Enel shall also take whatever legal measures it deems appropriate to prevent any unlawful or immoral conduct.
- Waiver of Liabilities and Guarantees
Enel shall not accept liability for:
a. Damages and harm of any nature that may result from products or services offered or provided by third parties or bodies over the internet, in particular:
i. breach of the law, morality, or good customs, or breach of the peace, or the usage products or services that are offered incorrectly or erroneously or with purposes or effects that are unlawful or contrary to the provisions hereof, or any other applicable conditions.
ii. breach of intellectual property rights.
iii. breach of professional secrecy.
iv. breach of rights of honor, personal and family intimacy, and protection of children and young people.
v. acts of dishonest competition.
vi. unlawful publicity or actions that constitute breach of laws relating to pornography.
vii. unlawful, untrue, inexact, unreliable, irrelevant, out-of-date, or incomplete content items and information communicated or made available to users, including information and services provided by third parties or by users over the internet.
viii. breach or defective compliance or termination, for any reason, of contracts with third parties based on the provision of services over the internet.
ix. incapacity of any user or identity theft or impersonation perpetrated by a user.
b. Enel shall only accept liability for its own services and content items that it created and developed, identified with its copyright as intellectual property or trademark owned by Enel.
c. Any damages or harm of any nature that may arise as a result of awareness on the part of unauthorized third parties regarding the class, conditions, characteristics, and circumstances of the usage that the users make of the site, and the services that the site offers.
d. Any damages or harm of any nature that may arise as a result of any errors in access to or usage of the site, including access to or usage of the services that it provides or the content that it contains, although it shall make efforts to prevent such problems, issue updates, or rectify such content items. Thus, no liability is accepted for lack of availability or downtime in the functioning of the site and the services that it offers, or faults accessing any pages of the same, or areas used for the provision of services.
e. Any damages or harm of any nature that may arise as a result of information contained on the site, or linked from the site. The links that appear on the site are solely for information purposes, and Enel does not accept any responsibility whatsoever for any results that may affect you as a result of accessing such links. Enel therefore shall not be held liable for:
i. the availability, accessibility, functioning, or continuity of linked sites.
ii. the quality, legality, reliability, usefulness, veracity, current applicability, completeness, and/or authenticity of the content that exists on linked sites.
iii. the maintenance, provision, or transmission of content items hosted on linked sites.
f. Any damages or harm of any nature that may arise as a result of the existence of a virus in the computer system, electronic documents, or user files. Similarly, the presence of a virus in services provided by third parties over the internet, affecting the computer system, electronic documents, or user files.
g. Under no circumstances, including negligence, shall liability be accepted for loss of business, data loss, indirect damages, secondary damages, special damages, or consequential damages resulting from access to or usage of the online services, or in any other way pertaining to the same.
h. Any damages or harm of any nature that may arise as a result of awareness on the part of unauthorized third parties regarding the class, conditions, characteristics, and circumstances of the usage that the users make of the site, and the information and services that the site offers, or breach by the users of their obligations relating to personal data.
With regard to the limitation of liability, Enel rejects any and all express, implicit, or mandatory guarantees relating to the web services, including but not limited to guarantees relating to marketing and suitability for specific purposes, and obligatory guarantees for protection in the event of non-compliance.
- Usage of cookies
- Duration and termination
The duration of access to and usage of the online platform is, in principle, indefinite. However, Enel reserves the right to terminate or suspend access to the platform at any time. When reasonably possible, Enel will provide notice in advance of the termination or suspension of access and/or usage of the platform.
- User indemnification
The user expressly agrees to indemnify Enel and other companies in its corporate group, employees, administrators, agents, information or service providers, and licensors for any harm or damages (including legal fees and costs) arising from breach by the user of these general conditions or applicable specific conditions, as applicable, and to collaborate with Enel in the defense of its interests in the event of any complaint against it, or if any legal or administrative proceedings are started or provoked by such actions. The user further agrees to make their best effort to prevent or, if applicable, to mitigate harmful or damaging effects that may affect Enel as a result of the same.
- Applicable legislation and jurisdiction
All conditions established shall be governed under Chilean legislation. Enel and the user hereby expressly waive any right to be heard in any other jurisdiction, and agree to be bound by the Courts of the domicile of the user, for any dispute that may arise in the provision of services hereunder. In the event that the user is domiciled outside of Chile, Enel and the user hereby expressly waive any right to be heard in any other jurisdiction, and agree to be bound by the Courts of Santiago, Chile.
II. Personal data protection.
- Data Protection Policy
Enel guarantees compliance with Law 19,628, the Personal Data Protection Law.
The purpose of this law is “to develop the constitutional right held by all persons, to be aware of, update, and correct all information about them that has been gathered and stored in files or databases, and the further constitutional rights, freedoms, and guarantees referred to in Article 15 of the Chilean Constitution; as well as the right to know, as specified in Article 20 of the same”. Since the time when that law came into effect, it may be declared that Enel’s storage and handling of personal data has remained in compliance with said regulations, and thus subject to the principles, recommendations, and requirements thus imposed.
Clients will be requested to provide personal contact information so that it will be possible to provide them with our services. The more vital the information that Enel requests, the more personalized will be the manner in which we handle and manage necessary data.
In addition to requesting information during the registration process, Enel may ask for additional information on special occasions such as contests, promotions, payments, and other such events. In all of these cases, the client will be given a choice as to whether or not they provide the information.
From time to time, Enel may use users’ contact data to send them information about the company, but only following express consent from the client, or clients may choose to opt out of future messages.
Enel may also use personal information in order to determine the demographic data of its users, and to distribute statistical and general market data. This information will only ever be handled as an aggregate, without ever identifying any individual user.
The user is authorized to verify and correct personal information about them held on our site, and to request the deletion of the same, except in cases where legal requirements forbid such actions. We will request your personal contact information only once. We therefore advise you to keep this information up to date.
Enel reserves the right to modify its data protection policy at any time, in order to adapt it to fit any new legislation that may come into force, to ensure compliance. It is therefore necessary to state that users of the web site will be duly informed of any changes to said policy, with sufficient notice in advance of said changes coming into effect.
- Security Measures
In order to implement and ensure the application of its Data Protection Policy, Enel has adopted technical and organizational security measures as required under current personal data protection legislation. For this purpose, it has established all necessary mechanisms and means to prevent the modification, loss, misuse, mishandling, and unauthorized access to or theft of such data, in line with the current technological state of the art. However, it should be taken into account that, in view of the nature and global reach of online information, such security measures are may be subject to successful attacks.
- Disclosure of Personal Data
○ Data Disclosure to Group Companies
Enel hereby informs users that the personal data that it gathers may be disclosed to other companies in the Enel Group, the subsidiaries that make up that group, and companies with which companies in the group enter into cooperation agreements, in compliance with the purposes of point 2, above. In any event, users should be aware that information will only be disclosed in this manner with the express consent of the users in question.
○ Data Disclosure to Third Parties
Users are hereby informed that personal data will not in general be disclosed to third parties, except when such disclosure is ordered or required for compliance with a legal obligation, or when a contractual relationship exists for the handling of the data, for the provision of a given service. In any event, users should be aware that information will only be disclosed in this manner with the express consent of the users in question.