STATEMENT

PRIVACY NOTICE PURSUANT TO REGULATION (EU) 2016/679 (“GDPR”)

It is agreed that the present English translation is provided for convenience only, and that the Italian version of the General Condition alone shall be legally binding. In the event of any conflict between the Italian version of the General Conditions and the present translation into English, the Italian version shall prevail.

Enel X Italia S.p.a., (hereinafter also "Enel X Italia"), as Data Controller, informs you that the personal data provided by you and acquired upon registration for the services you have chosen, both for the use of the services in your own name and in the business context, as well as data necessary for the provision of such services, including browsing data, will be treated in accordance with measures that guarantee confidentiality and according to the security measures required by current legislation through digital, telematic or manual means, with criteria strictly related to the purposes of the processing.

In particular, Enel X Italia S.p.a. informs you that the digital and telematic systems and software procedures used to operate this APP acquire certain data during normal operation (e.g. the date and time of access, the pages visited, the name of the Internet Service Provider and Internet Protocol (IP) address through which you access the internet, the internet address from which you connected to our site, the geographic position, etc.). The transmission of this data is implicit in the use of web communication protocols or useful for the efficient management and optimisation of the data sending and e-mailing system. This data are used only to obtain anonymous statistical information on usage of the site and to check its correct functioning, and are kept in an anonymous form throughout the period of activity of the APP. The data may be used to determine responsibility in the case of computer crimes that could harm the website.

 The provisions of this document apply to users, that access to services both for personal use and as employees of a company, that subscribed a contract for this purpose with Enel X Italia. In particular, users that subscribed Enel X Recharge services as a company service agree to the use of their personal data for the following purposes:

-        Registration to the service in their own name providing personal data for the creation of the personal account;

-        Use of the charging services according to the terms and conditions set by the contract between Enel X Italia and the employer company;

-        Use of geolocation in the context of this service;

-        Tracking of data related to the charging cycles completed and the display of such data by your company;

-        Use of their data for the provision of the customer services;

-        Receipt of “e-News” edutainment newsletter on electric mobility, charging matter and sustainable topics and related subjects.

 

1.      Personal Data Controller

Data Controller is Enel X Italia S.p.A. with registered office in Rome, in Via Flaminia 970, 00189 P.IVA 13111961002.

 

2.      Data Protection Officer (DPO)

The Data Controller has appointed a Data Protection Officer (DPO) who can be contacted at the following e-mail address: dpo.enelx@enel.com.

3.      Purposes and methods of processing

The Controller will process your Personal Data for the achievement of specific purposes and only in the presence of a specific legal basis provided for by the applicable law on privacy and protection of personal data. Specifically, the Controller will process your Personal Data only when one or more of the following legal bases occurs:

-        You have given your free, specific, informed, unequivocal and express consent to the processing;

-        The processing is necessary for the execution of a contract of which you are a party or for the execution of pre-contractual measures adopted at your request;

-        In the presence of a legitimate interest of the Controller;

-        The Controller is bound by a legal obligation to process Personal Data.

Pursuant to art. 13 of the GDPR, Enel X Italia S.p.a. informs you that it will process your personal data through the use of electronic tools, including automated archiving in its computer databases, for the purposes related to the use of this APP as well as the relative services offered and in particular for the following purposes:

a)   Activities strictly connected with and necessary for the use of this APP and the related services.  In the absence of such data, users and related employer company will not be able to use the services requested.

To this end, Enel X Italia S.p.a. specifies that the use of some of the aforementioned services requires registration in Enel X Reserved Area, in accordance with the procedures set forth in letter b) below.

Enel X Italia S.p.a. collects technical information from the user's mobile device, for example location data or certain characteristics and the performance of the device or the telephone operator/operating system, including the type of device and connection, the IP address, mobile payment methods, interaction with other technology in the retail sector (such as the use of NFC tags, QR codes or mobile vouchers).

b) Unique ID: registration and login to the Enel X Italia Reserved Area

The Login to the reserved area is allowed only through the Enel Unique ID (hereinafter “Profilo Unico”). All Clients, including ones which are already registered, shall accept new General Terms and Conditions in order to create their own Profilo Unico that replace the previously one.

Registration: Personal Data will be collected during the profile creations to each web portals/apps enabled.

 

Login after the subscription: The Login to the reserved area is allowed through Enel Unique ID. After the creation of the Enel Profilo Unico, if the Client would login to all other web portal/apps, some Personal Data will be shared to other Enel Group Entities enabled. Personal Data will be treat with the strictly scope to allow to the Client an easy and free of charge login from all countries.

 

The APP can be used to access the Reserved Area of Enel X Italia is allowed through the modality below:

-        Account registration to one of the web portal or App refered to Enel Group Entities enabled;

-        Through the credentials provided by a social network (so-called "social login"). In particular, the user can access through Facebook and Google+.

To this end, Enel X Italia S.p.a. informs the data subject that certain personal data will be acquired (such as Name, Surname, E-mail address) in compliance with the authorisations issued by the same to the relative social network. The data subject is therefore required to check the settings envisaged by the relative social network and carefully read the related Privacy Policy, as he or she could authorise the social network to share his or her personal data with Enel X Italia S.p.a., thereby authorising Enel X Italia S.p.a. to collect information such as contacts, friends and other personal data. In any case, Enel X Italia S.p.a. will not acquire the registration data used by the data subject. We will keep the identification code associated with the user's account at the service of the third party when it is used to log in to Enel X Recharge or to share content hosted on the site; the code will be kept as long as necessary to provide the services requested. If the user creates an Enel X Recharge account or uses site services by logging in through the social login, we may use the information contained in the originating account to complete the user's profile on the site. The data subject can update or modify his or her profile information and contact details at any time via the social login.

1.      Fulfilment of legal obligations, regulations or those established by EU legislation;

d) Enel X Italia performs market research, direct sales, including telephone sales, for the placement of products or services, for commercial communications or marketing activities. These activities can be carried out by sending advertising, informative, promotional or invitations, using traditional methods (eg paper mail) or automated contact systems (eg SMS, e-mail);

e) The fulfillment, by companies of the Enel Group, of parent companies, subsidiaries or associated companies or commercial partners of Enel X Italia, of market research, direct sales, including telephone sales, for the placement of products or services, for commercial communications or marketing activities. These activities can be carried out by sending advertising, informative, promotional or invitations, using traditional methods (eg paper mail) or automated contact systems (eg SMS, e-mail);

 

f) Enel X Italy or other Enel Group companies, parent companies, subsidiaries, affiliates or commercial partners of Enel X Italia will be able to perform profiling activities based on consumer habits and personal data and information acquired by observing the use of products or services offered, in order to offer personalized offers.

 

g) Sending "e-News" or similar newsletters, of an informative and educational nature, on issues concerning electric mobility, recharging and the related sustainability issues.

 

4.      Provision of data and consequences of refusal

For the purposes set out in points 1.d), 1.e) and 1.f) your consent to the processing of personal data is not necessary. Any failure to provide this consent prevents the installation of the APP and the use of the related services.

 

5.      Location data

Some APP services use technology that identifies the physical location of the user's device by using data related to the longitude and latitude in which the device is located, using native device applications ("Location Data"). Location Data is shared with the map service provider Google, which converts Location Data into a street address. This address is used by the APP to provide the service requested by the user, for example to identify the position of the user's device and the distance of the latter with respect to the desired column.

In case the application is connected to Internet and linked to the user's profile, both for personal use and as employees of a company, the user gives his or her consent to the fact that Enel X Italia S.p.A. processes the Position Data in the manner and for the purposes described above. Users who deactivate the geolocation function cannot use the services described above.

The Google Maps privacy policy is available at the following address https://www.google.com/intl/it_it/help/terms_maps.html and is integrated into the Enel X Italia S.p.A. Privacy Policy by means of this statement as far as it concerns the processing of Position Data or the Search Address by Google.

For the purposes referred to in points 1.d), 1.e) 1.f) and 1.g), your consent to the processing of data is optional and will not affect the use of the APP and the related service.

 

6.      Processing methods and criteria, storage times and protection measures

The data processing is also performed using electronic or automated means by Enel X Italia S.p.a. and/or third parties that Enel X Italia S.p.a. may employ for the storage, management or transmission of the data. Organisation and processing logics will also be applied to your personal data in relation to access and usage logs for online services, for the purposes mentioned above and in a way that ensures the security and confidentiality of the data.

With regard to online transactions, the data processed is protected through the use of adequate technological solutions with regard to both the security of the connections and the storage of financial data (credit cards, IBAN, etc.). The personal data processed will be kept for the necessary time required for the specific purpose and the applicable legislation.

The Personal Data processed for the purposes set out above will be kept in compliance with the principles of proportionality and necessity, and in any case until the purposes of the processing have been pursued.

Your Personal Data will normally be kept as long as your relationship with the Data Controller exists, without prejudice to any requirements for the collection of residual credits and/or the management of data in the event of any disputes or complaints, such as for example those relating to invoices issued.

Your Personal Data will normally be kept as long as you do not revoke your consent and in any case will be deleted automatically after ten years from the termination of the contractual relationship, without prejudice to the possible preservation of the same, where necessary for the management of ongoing legal actions and to fulfil specific legal obligations.

7.      Categories of entities to which personal data may be communicated

For the performance of all activities connected or instrumental to the use of the APP and related services, Enel X Italia S.p.a. may communicate and process your personal data, in Italy and abroad, including countries outside the European Union, to third parties with whom it has relationships, where such parties provide services at the request of Enel X Italia S.p.a. The latter will only provide them with the information necessary to perform the services required, taking all measures to protect your personal data.

In addition to the companies within the ENEL Group, subsidiaries and/or parent companies of Enel X Italia S.p.a., your data may also be provided to selected commercial partners of Enel X Italia S.p.a. for the purposes referred to in this Statement.

Subjects belonging to the above categories operate as independent Data Controllers or as Managers or Authorised Persons, appointed for this purpose by Enel X Italia S.p.A.

Personal data may also be made available to employees, consultants, interns and employees of Enel X Italia S.p.a. who are specially appointed/designated as Managers or Authorised Persons.

 

8.      Transfer of Personal Data

Personal Data will be processed within the European Union and stored on servers located within the European Union. The same data may be processed in countries outside the European Union, provided that an adequate level of protection is guaranteed, recognized by a specific adequacy decision of the European Commission. Any transfers of Personal Data to non-EU countries, in the absence of a European Commission adequacy decision, will only be possible if the Owners and Managers involved provide adequate guarantees of a contractual or contractual nature, including binding corporate rules ("Binding Corporate Rules ”) and contractual clauses of data protection type. The transfer of Personal Data to third countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, will be made only if the data subject has explicitly consented to it or in the cases provided for by the GDPR and will be treated in its interest. In these cases, Enel X Italia informs that, although the Enel Group adopts operating instructions common to all the countries in which it operates, the transfer of Personal Data may be exposed to risks associated with the peculiarities of local legislation regarding the processing of Personal Data.

Notwithstanding, in case of access to the Enel X Italia services through the Profilo Unico in a Country out of the EU, Personal Datas could be transfer to a third Country in order to allow the Service usage.  In the absence of an adequacy decision or other appropriate measures aimed at protecting the data, these will be processed in the interest of the Client and at the only scope of the contract execution or of the pre-contractual measures required. 

9.      Use of Cookies

Cookies are technology used by websites to recognise users within a work session. They are not used to collect users’ personal information, but only to facilitate browsing on the site and the use of its various services.

Cookies only collect anonymous data and have a limited lifespan. All the information collected is used, for example, to monitor and analyse usage of the site, improve its functionality and refine the selection of content and layout in response to visitors’ needs. If you refuse to accept cookies, the quality of the pages you visit may be affected.

Enel X Italia S.p.a. may host advertising messages on its sites, in agreement with third parties, which may contain cookies belonging to the third-party owner of the advertising. Enel X Italia S.p.a. has no control over these cookies or the content of these sites, and has no access to them.

For further information about the use of cookies by Enel X Italia S.p.a., details about them and how to disable them, please visit the page https://www.enelx.com/it/cookie-policy.

 

10.  Rights of the interested party

Pursuant to the articles 15 - 22 of the GDPR, in relation to the Personal Data processed, the interested party has the right to:

a) Access and request a copy;

b) Request the adjustment;

c) Request cancellation;

d) Obtain the treatment limitation;

e) Oppose the treatment;

f) Receive in a structured format, commonly used and readable by an automatic device, and transmit such data without impediment to another data controller, where technically feasible.

 

For the treatments related to the activities referred to in points 1.d), 1.e) and 1.f) the interested party may revoke the consent at any time.

For the exercise of the rights and for the revocation of the consent the interested party may send a communication to the email address: privacy.enelxitalia@enel.com .

 

The interested party has the right to lodge a complaint with the competent authority for the protection of Personal Data through:

a)      Letter with a knowledgement of receipt to the Guarantor for the protection of Personal Data, Piazza Venezia, 11, 00187 Rome

b)     e-mail: garante@gpdp.it , or protocollo@pec.gpdp.it  

c)      fax to the number: 06/69677.3785.

Full privacy notice: www.enelx.com.

 

Update: September 2019