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Endesa - Electricity, Gas, People

  • Legal Notice

Legal Notice

Identification of the company

General information for the purposes of Article 10 of Spanish Law No. 34/2002 of 11 July 2002, concerning the Information Society and Electronic Commerce Services.

Registered company name of the information service provider: Energía XXI Comercializadora de Referencia, S.L.U.

Registered address: Calle Ribera del Loira 60 – Madrid 28042 – Spain

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

Tax Code number: B-82846825

Email Address: atencionalcliente_exxi@energiaxxi.com

User

The use of this Web attributes to you the status of a User of the website and expresses your full acceptance without reservations of each and every one of the General Conditions published by Energía XXI from the very moment that you access the website, without prejudice to the acceptance of any specific conditions that may apply.

Any use other than that authorized is expressly prohibited, with Energía XXI empowered to deny or withdraw access and use of the Web at any time, without prior notice, to those users who breach these general conditions or any specific conditions which may apply, where appropriate.

Modifications

Energía XXI reserves the right to modify, unilaterally, at any time and without notice, the present conditions. Such modifications 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 Energía XXI, S.L.U. ("Energía XXI") with Spanish tax identification number (CIF) B82846825. The contact details for the responsible entity are as follows:

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

Telephone: +34 800 76 03 33.

2. Purpose and Processing

Compulsory processing

Your data may be processed for the purpose of managing the provision of energy supply services. 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, Energía XXI will be able to report your data to said databases, always complying with the guarantees set forth in the legislation in force.

Energía XXI may also process your personal data in order to comply with any legal obligations incumbent thereupon, specifically those obligations related to the regulation of the energy market or commercial regulations, inter alia.

Web Service Management

In addition, your personal data may be processed in order to manage the web user service.

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 stored for as long as they are required to provide the services. 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 the service providers that Energía XXI hires or contracts that have the status of Data Processing Managers. 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.

Energía XXI has legal authorization to carry out this type of transfer, since it has been authorized for all such transfers by the Director of the Spanish Data Protection Agency.

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).

4. Legal Basis for Processing and Transferring Personal Data

  • The legal basis for the processing is 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 Energía XXI’s legitimate interest. Therefore, the refusal to supply the requested personal data, or the delivery of inaccurate or incomplete data, could result in an inability to provide Kiosk-specific services correctly. The users are responsible for the veracity of the data provided, as well as for notifying Energía XXI of any modification of the same.
  • 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.

5. Security measures

In order to make its data protection policy efficient and effective, Energía XXI has adopted the technical and organisational security measures necessary to avoid the alteration, loss, misuse, treatment and unauthorised access or theft of said data, 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. To exercise these rights, you may contact Energía XXI through any 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.exxi@energiaxxi.com 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 Energía XXI are those provided by you for the provision of energy supply and/or maintenance services. 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.

Endesa S.A., the parent company of the Endesa Group of which Energía XXI forms a part, has appointed a Data Protection Officer for this company, who reports to the Data Protection Officer for Spain, with whom he/she will be able to highlight any question concerning the processing of your personal data, and whose contact details are as follows: Postal address: Calle Ribera del Loira, 60. 28042-Madrid, Spain. Email: dpoc.exxi@energiaxxi.com.

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 obtained subject to the user's registration.

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

The Users are responsible for the veracity and accuracy of all the data that they enter in the Web, whatever function is used. Likewise, they declares that they have all the permission required to use the data that they access and that they have the consent for the use of data belonging to third parties. In this sense Energía XXI is exonerated of any responsibility for inaccurate, incomplete or incorrect data or because of a lack of consent for its use and incorporation to the Web.

Ownership of the contents

All the information contained in this website, including images, graphic design or computer codes, trade names, trademarks and distinctive signs, among others, is the intellectual and industrial property of Energía XXI. 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. Energía XXI does not wholly or partially cede, or grant any licence or authorisation to users in relation to intellectual or industrial property rights or any other type of rights relating to the Web.

Energía XXI also guarantees that the contents, including those of intellectual property, are not of an illicit nature and do not infringe current legislation. Therefore, the contents of the website will not be xenophobic, pornographic, discriminatory, racist or in any way foment violence. In addition, Energía XXI 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 to the reproducing or copying, distributing, modifying, ceding or publicly communicating the information contained on the website, unless it is authorized by the holder of the rights or unless this is legally permissible.

Energía XXI will be able to offer the contents, functionalities or services of this website through 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 website in Catalan and English have only an informative purpose. In the event of any discrepancy in the content of the version in Catalan or English with the original version in Spanish, what is published in the 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 liabilitites

Regarding the exclusion of warranties and liabilities, Energía XXI shall not be 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 website, and in particular:
    • The breach of law, morality, good manners or 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 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 pornographic nature.
    • The wrongfulness 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 website.
    • Failure to comply or defective compliance or the termination for any reason of contracts made with third parties in connection with the provision of services through the website.
    • The incapacity of any User or the impersonation of the personality of a third party by a User.
  • 2. Energía XXI shall only be responsible for its own services and content directly originated by it and identified with its copyright as a trademark or as its own intellectual or industrial property.
  • 3. Damages of any kind that may be due to the knowledge by unauthorised third parties of the type, conditions, characteristics and circumstances of the use that Users make of the website and of the services that it offers.
  • 4. Damages of any nature that may be due to the existence of errors in the access to or use of the website, as well as in the access to or use of its services or content, although it is committed to avoiding such errors, to updating the site and to rectifying the said content. It therefore refuses 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 failures in access to the different website pages or to those from which the services are provided.
  • 5. Damages of any nature that may be due to the information contained in its website, to which this web can send hypertext links or "links". The purpose of the "links" that appear on the page is purely informative, with Energía XXI not being responsible in any case for the result that it is intended to obtain by means of access to the aforementioned "links". Therefore, Energía XXI will not be responsible 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. 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 viruses in the services provided by third parties through the website, 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 website services, or any other form within the scope of the website.
  • 8. Damages that may derive from any knowledge that may be held by unauthorised third parties of the type, conditions, characteristics and circumstances of access and use that Users make of the website 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, Energía XXI disclaims all warranties regarding web services, express, implied or compulsory, including, but not limited to, the implied warranties of merchantability and fitness for 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, Energía XXI 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 Energía XXI and the other companies of its group, employees, administrators, agents, providers of information or services and licensers, for any damages (including attorneys' fees and costs) arising from the User's breaching of these general conditions or the particular conditions applicable, as appropriate, and to cooperate with Energía XXI in defending its interests in the event of any claim or initiation or to invoke any judicial or administrative proceedings for this cause.

In addition, Users undertake to make their best efforts in order to avoid or, where appropriate, mitigate the harmful and damaging effects that could be derived for Energía XXI.

Legislation applicable and jurisdiction

All the conditions established will be governed by Spanish law. Energía XXI 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, Energía XXI and the User submit, with express waiver to the corresponding jurisdiction, to the courts and tribunals of Madrid (Spain).