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  • Endesa Energía Legal Notice

Endesa Energía Legal Notice

Identification of the company

General information for the purposes of article 10 of Spanish Law 34/2002 of 11 July 2002, concerning the Information Society and Electronic Commerce Services.

Registered company name of the information service provider:

ENDESA ENERGÍA SA, Sociedad Unipersonal

Registered address: Calle Ribera del Loira, no. 60 – Madrid 28042 – Spain

Registration data in the Madrid Company Register: Volume 12797, Folio 208, Page M-205381

Tax Code No.: A-81948077

Email Address: atencionalcliente@endesaonline.com

User

The use of this website gives you the status of User of the same and expresses your full and unreserved acceptance of each and every one of the general conditions published by Endesa ENERGÍA SA (from now on "Endesa") from the moment that you access the Web , without prejudice to the acceptance of any specific conditions that may be applicable.

Any use other than that authorised is expressly prohibited, Endesa being empowered to deny or withdraw access and use of the Web at any time, without prior notice, in relation to those users who breach these general conditions or any specific conditions which, where appropriate, result from its application.

InfoEnergía is a service intended for the use of the holder of an electricity contract with Endesa Energía. According to article 79.3 of Royal Decree No. 1955/2000, "the supply contract is personal and its holder shall be the effective user of the energy". Endesa shall not be liable for access to the InfoEnergía service by any person other than the holder or authorised power supply user.

  • If the visitor to InfoEnergía is holder he or she will be able to see and edit the profile of the household in question, and will also be able to browse through all the sections of InfoEnergía.
  • If the visitor to InfoEnergía is authorised, he or she will be able to see the household profile of all the client's Endesa energy contracts, and in addition will be able to navigate all the sections of InfoEnergía. This corresponds to the same behaviour as authorised users of the website endesaclientes.com

Modifications

Endesa reserves the right to modify, unilaterally, at any time and without notice the present conditions. In these cases changes will be published and notified with the maximum possible advance notice.

In the same way, it reserves the right to modify, unilaterally, at any time and without prior notice, the presentation and configuration of the website.

Personal data security and protection

1. The entity in charge of processing your personal data

The entity in charge of processing your personal data is Endesa Energía, S.A.U. ("Endesa Energía") with Spanish tax identification number (CIF) A81948077. The contact details for the responsible entity are as follows:

Postal address: Calle Ribera del Loira, 60. 28042-Madrid, Spain.

Telephone: +34 800 760 909.

2. Purpose and Processing

Endesa Energía carries out different types of personal data processing.

Compulsory processing:

Your data will be processed for the purpose of managing the provision of energy supply and/or, where appropriate, other services or products contracted in the field of energy activity. If any of these products or services involves instalment payments or provision of a periodic invoicing, prior to the contract being approved we may conduct credit and solvency checks as we deem appropriate to assess your financial solvency. The result of said check could, if applicable, condition the entering into force of the Contract. In addition, in the event of a non-payment, Endesa Energía will be able to report your data to said databases, always complying with the guarantees set forth in the legislation in force.

Additionally, your data may be processed for the purpose of providing infoEnergía, an energy advising service, for you, using the compilation of overall consumption that we receive daily as a reference to issue your electricity invoices and the data that you may have provided whilst filling out the profile. Thus, we compare the power consumption of your home with that of homes that may have similar consumption habits to yours and that are in your geographical area.

Finally, Endesa Energía may process your personal data in order to comply with any legal obligation incumbent upon it, specifically, obligations relating to regulation of the energy market or market regulations, among others.

Voluntary processing:

Other processing of your personal data that does not correspond to the need to implement the contract or comply with a legal obligation may also be undertaken, and you may oppose such processing.

Provided you have not objected to it through the channels enabled for this purpose, you may receive, by any channel of communication (including, among others, email, SMS and telephone calls), information about products or services offered by Endesa Energía in the field of energy activity that may be of interest to you. To obtain this information, your personal data may be analysed in order to develop a profile that enables the commercial messages to best match your needs and preferences. In this analysis, your demographic data and data on other company products that you may have used may be taken into account. In any event, you will only receive sales messages by non-electronic means while you remain a customer of Endesa Energía.

Additionally, provided you have given your consent, you may receive via any means of communication (including, among others, email, text messages and telephone calls), information about other products or services offered by Endesa Energía or third parties relating to energy, the home, insurance, automotive, financial services and leisure. To obtain this information, your personal data may be analysed in order to develop a profile that enables the commercial messages to best match your needs and preferences. In this analysis, your demographic data and data on other company products that you may have used may be taken into account. In any case, you may only receive commercial messages about products and services not related to those contracted as long as you do not withdraw the consent provided.

Web Service Management

In addition, as long as you continue to be registered, your personal data may be processed for the purpose of managing the user service(s) on the web.

Digital bill

If you activated the “electronic billing service”, your email address will be processed for remittance thereof.

Processing of email address

If you provided your email address, it will be processed as the preferred means for sending any type of communication relating to the contractual relationship.

Retention period for personal data

Customers’ personal data will be retained as long as they are necessary for the provision of the services included in the contract. As soon as it is no longer required for this purpose, the data will be blocked for the period during which they may be needed for use or defence in administrative or judicial procedures and may only be released and reprocessed for this purpose. Once this period has come to an end, the data will be permanently deleted.

3. Recipients of your Personal Data

Your personal data may be transferred to public agencies, authorities and governmental bodies, including courts and tribunals, when required by the applicable legislation.

Your personal data may also be accessed by any service providers that Endesa Energía contracts or hires that have the status of data processors. In addition, some of these data processors may be located in the United States or outside the European Economic Area. In particular, your data may be accessed by service providers located in: India, Colombia, Peru and the United States.

Endesa Energía has legal authorisation to carry out this type of transfer, as it has been authorised for all such transfers by the Director of the Spanish Data Protection Agency.

Additionally, if you have specifically given your consent, your data may be given to companies belonging to the Endesa Group and to third party companies relating to energy, the home, insurance, automotive, financial services and leisure, so that they may contact you to inform you about products and services that these companies market.

Your personal data may also be transmitted to credit institutions with the necessary safeguards and for the sole purpose of carrying out factoring operations (partial or total advance credits assigned to financial entities).

You can consult the list of Endesa Group companies at the following link:https://www.endesa.com/es/sobre-endesa/a201610-sociedades.html.

4. Legal Basis for Processing and Transferring Personal Data

  • As stated above, the legal basis for the development of the purposes included in the earlier section as “compulsory processing” will be the implementation of a contract or the fulfilment of applicable legal obligations, except for that processing which is carried out to assess your financial solvency, the acceptance of clients, or if applicable, the communication of data or credit information systems, whose lawful basis will be Endesa Energía’s legitimate interest. Therefore, the refusal to supply the requested personal data, or the submission of inaccurate or incomplete data, could result in an inability to provide the contracted services correctly. Users are responsible for the veracity of the data provided, as well as for notifying Endesa Energía of any modification of the same.
  • The legal basis for carrying out processing for the purpose of sending sales messages about products or services offered by Endesa Energía in the field of energy activity will be Endesa Energía’s legitimate interest. For this reason, you may oppose this processing at any time through the channels provided. You will find the information needed to exercise your right of opposition in Section 6 below, "Rights of the Interested Party in Relation to the Processing of his/her Personal Data".
  • Processing carried out for the purpose of sending commercial messages regarding other products or services offered by Endesa Energía, any company belonging to the Endesa Group or third parties relating to energy, the home, insurance, automotive, financial services and leisure shall have the consent you have given as the legal basis. Therefore, as long as you do not withdraw your consent, you may continue to receive such messages.
  • Transfer of your data to companies belonging to the Endesa Group and to third-party companies relating to energy, the home, insurance, automotive, financial services and leisure shall have the consent you have given as the legal basis. Therefore, as long as you do not withdraw your consent, you may continue to receive such messages.
  • The legal basis for transmitting personal data to credit institutions for the sole purpose of carrying out factoring transactions (partial or total sale of receivables to private financial institutions) will be Endesa Energía’s legitimate interest in maintaining an efficient business management model.
  • The legal basis for processing personal data associated with web user management and, where applicable, processing your email to send you the digital invoice is the consent provided by you in each case.
  • The legal basis for processing your email address as the preferred means for sending communications relating to the contractual relationship is the implementation of the contract.

The use of the services offered by Endesa Energía will never be subject to you providing the requested consent. In any case, we remind you that if you have given your consent you have the right to withdraw it at any time without having any consequence on the services or the products you have contracted or of which you are the beneficiary. You will find the information needed to exercise your right to withdraw consent in Section 6 below, “Rights of the Interested Party in relation to the Processing of Personal Data”.

5. Security Measures

In order to make its data protection policy effective and efficient, Endesa Energía has adopted the security measures of a technical and organisational nature necessary to avoid the alteration, loss, misuse, unauthorised processing and access or theft of the same, taking into account the current state of technology.

6. Rights of the Persons Concerned in Relation to the Processing of their Personal Data

You will be able to exercise your rights of access, rectification, cancellation, limitation of processing and transferability of data in the cases and within the scope established by applicable legislation at any time.

You also have the right to withdraw your consent if you have given it, and to object to receiving sales messages.

To exercise these rights, you may contact Endesa Energía by one of the following channels:

By sending a written request by post, attaching a photocopy of your national identity document, passport or any other identification document to Apartado Postal 1128, 41080 – Sevilla, Spain, for the attention of: Endesa Operations and Commercial Services.

By sending an email to the address solicitudeslopd@endesa.es with the following information: your first name and surname, address for the purposes of notifications, a photocopy of your national identity card, passport or other identity document, and your written request.

You are also informed of your right to file a complaint with the Spanish Data Protection Agency.

7. Source of Data

The personal data that are subject to processing by Endesa Energía are those provided by you for the provision of energy supply and/or maintenance services as well as your consumption habits in order to provide the infoEnergía service. Sometimes these data can be enriched with sources of specific information about the Spanish energy market.

8. Data Protection Officer

If you have any questions regarding the purposes of processing your personal data or its legal basis, you may contact the Data Protection Officer.

If you have any questions regarding the purposes of processing your personal data or its legal basis, you may contact the Data Protection Officer. dpoc@endesa.es. dpoc@endesa.es.

Access and use of the Web

The access and use of the WEB is free for Users and does not require the User's pre-registration on a general basis. However, it is possible that access to and use of certain information and services offered through the Web can only be made subject to the User's registration.

The User agrees to make diligent use and not to make available to third parties his username and password, as well as to communicate to Endesa as soon as possible, the loss, theft or any risk of access to them by a third party.

The User is responsible for the veracity and accuracy of all the data that you enter in the Web, whatever function you use. Likewise, it declares that it has all the necessary permission concerning the data that it accesses and that it has the consent for the use of data belonging to third parties. In this sense Endesa is exonerated of any responsibility for any Inaccurate, incomplete or incorrect data or because of the lack of consent for its use and incorporation into the Web.

Ownership of the contents

All the information contained in this website, including images, graphic designs or computer codes, trade names, trademarks and distinctive signs, among others, is the intellectual and industrial property of Endesa. The same applies to the exclusive exercise of the rights of exploitation of the aforementioned intellectual property, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. Endesa does not wholly or partially cede, or grant any licence or authorisation to users, or intellectual or industrial property rights of any other form relating to the Web.

Endesa also guarantees that the contents, including those of intellectual property, are not of an illicit nature and do not infringe current legal regulations. Therefore, the contents of the website will not be xenophobic, pornographic, discriminatory, racist or in any way foment violence. In addition, Endesa shall take the legal measures it deems appropriate to prevent any kind of conduct contrary to law or morality.

It constitutes an infringement of the intellectual and industrial property rights protected by law to proceed with the reproducing or copying, distributing, modifying, ceding or public transmission of the information contained on the Web, unless it is authorised by the holder of the Rights or this is legally permissible.

Endesa will be able to offer the contents, functionalities or services of this Web by means of the development of Apps, in which case the User must have the technical and technological means necessary for such access.

Translation of content into Catalan and English

The versions of the Web in Catalan and English have only an informative effect. In the event of any discrepancy in the content of the version in Catalan or English with the original version in Spanish, the published Spanish version will always prevail.

Use of cookies

On our website we use proprietary cookies and those of collaborating companies to customise your user experience and offer you the best services.

When browsing our website, you will be accepting the use of cookies under the conditions laid down in the cookie policy.

Cookies are small data files that the Internet server sends to the device that you connect to the Web and that it archives. They are only associated with your browser and do not provide personal data in themselves. Cookies cannot harm your device and are also very useful, since they help us to identify and resolve errors.

Exclusion of warranties and liabilities

Regarding the exclusion of warranties and liabilities, Endesa shall not be held liable for the following:

  • 1. Any damages of any kind that may be due to the products or services provided or offered by third parties or entities through the Web, and in particular:
    • The breach of law, morality and good manners, as well as public order, or the use of the products and/or services offered in a manner not diligent or incorrect, or for illicit purposes or effects or contrary to what is established in these general conditions or in any specific conditions of use that may apply.
    • The infringement of industrial and intellectual property rights.
    • The violation of professional secrecy.
    • The infringement of the rights to honour, personal and family intimacy and the image of persons, and those relating to the protection of children and youth.
    • Carrying out acts of unfair competition.
    • The carrying out of illicit publicity or acts constituting a legal offence or of a pornographic nature.
    • The illegality or lack of veracity, accuracy, reliability, relevance, topicality and exhaustiveness of the contents and information transmitted or made available to users, including information and services provided by third parties or by users through the Web.
    • Failure to comply or defective compliance or termination for any reason of contracts made with third parties in connection with the provision of services through the Web.
    • The incapacitation of any User or the impersonation of the personality of a third party made by any User.
  • 2. Endesa will only be responsible for its own services and content directly originated by it and identified with its Copyright as a trademark or sign of the intellectual or industrial property of the same.
  • 3. The damages of any kind that may be due to the knowledge by unauthorized third parties of the class, conditions, characteristics and circumstances of the use that the users make of the Web and of the services that it offers.
  • 4. Damages of any nature that may be due to the existence of errors in the access or use of the Web page, as well as in the access or use of its services or of the content, although it commits to avoid them, to update it or to rectify the said content. This explicitly excludes any responsibility for the lack of availability or continuity of the functioning of the web and of the services, as well as with regard to any failures in the access to the different Web pages or to those from which the services are provided.
  • 5. The damages of any nature that may be due to the information contained in its web page, or to which this web may establish hypertext links or "links". The purpose of the "links" that appear on the page is purely informative, with Endesa not being responsible in any case for the result that it is intended to obtain by means of access to the aforementioned "links". Therefore, Endesa shall not be liable for:
    • The availability, accessibility and operation or continuity of the linked sites.
    • The quality, lawfulness, reliability, usefulness, veracity, validity, exhaustiveness and/or authenticity of the content existing in the linked sites.
    • The maintenance, delivery or transmission of existing content in the linked sites.
  • 6. The damages of any nature that may be due to the existence of viruses in the computer system, electronic documents or files of the users. Likewise, by the presence of a virus in the services provided by third parties through the Web, causing alterations in the computer system, electronic documents or files of the users.
  • 7. Under no circumstances, including negligence, loss of business, loss of use, loss of profits, loss of data, indirect, incidental, special or consequential damages resulting from access to or use of the Web services, or any other form within the scope of the same.
  • 8. The damages that may derive from the knowledge that may have unauthorized third parties of the class, conditions, characteristics and circumstances of access and use that the users make of the Web and of the informations and services, as well as of the non-compliance by users of their obligations in relation to personal data.

In connection with the limitation of liability, Endesa disclaims all warranties regarding WEB services, express, implied or compulsory, including, but not limited to, the implied warranties of merchantability and fitness for the purpose and to the obligatory guarantees of protection against non-compliance.

Duration and termination

The access and use of the Web have, in principle, an indefinite duration. Notwithstanding the foregoing, Endesa reserves the right to terminate or suspend access to and use of the website at any time. Where this is reasonably possible, the termination or suspension of access to and/or use of the Web site shall be previously notified.

Indemnity of the User

The User expressly agrees to indemnify Endesa and the other companies of its group, employees, administrators, agents, providers of information or services and licensers, any damages (including attorneys' fees and costs) arising from the User's default of these general conditions or the specific conditions applicable, as appropriate, and to cooperate with ENDESA in defending its interests in the event of any claim or initiation or to invoke any judicial or administrative proceedings for such cause.

In addition, the User undertakes to make his or her best efforts in order to avoid or, where appropriate, mitigate the harmful and damaging effects that could be derived for Endesa.

Legislation applicable and jurisdiction

All the conditions established will be governed by Spanish law. Endesa and the User, expressly waiving the corresponding jurisdiction, are subject to the courts and tribunals of the User's home, for any controversy that may arise from the provision of services under these general conditions.

In the event that the User has his/her domicile outside the Spanish territory, Endesa and the User submit, with express waiver of the corresponding jurisdiction, to the courts and tribunals of Madrid (Spain).

Copyright

Endesaclientes © Copyright 2019 ENDESA ENERGÍA SA. Total or partial reproduction prohibited. All rights reserved.