General terms and conditions of access and use of our website
Transparency is one of our pillars. This is why it is important to us that you understand what data you are providing us with when you use our digital services, how we use these data, and how you can update and/or remove them. With this objective in mind, we invite you to carefully read each point presented herein. We would also like to mention that failure to read this information shall be entirely your responsibility as a user.
Enel has adopted the security protection levels of Personal Data that are legally required to prevent loss, poor use, alteration, unauthorized access, and theft of the Personal Data provided. However, users must be aware that Internet security measures are not impregnable.
I. General Information
Use of this Webpage ascribes you the status of website user, who expresses their full acceptance, without reservations, of all and each of the General Conditions published by Enel, at the very moment you enter the website, without prejudice to the acceptance of the specific conditions of implementation that may be applicable in each case. Any use other than the authorized use is expressly prohibited, and Enel shall be empowered to refuse or revoke access to or use of the website at any time, and without prior notification, for any users who may violate these general conditions or the specific conditions that may be applicable in each case.
Enel reserves the right to unilaterally modify the present conditions, at any time, and without prior notification. In these cases, the modifications will be published and communicated as far in advance as possible. Similarly, Enel reserves the right to unilaterally modify the presentation and layout of the website, at any time, and without prior notification.
Access to and use of the website is free for users and does not require prior registration for general users. Nevertheless, access to and use of certain information and services offered through the website can only be done after consulting with Enel.
When you enter our website, it is expressly authorized to view all the information contained on the page, as well as to make private copies of the information in your information systems, as long as this content is for your exclusive use and not ultimately handed over to third parties. Therefore:
1. Reproducing or copying, distributing, modifying, handing over, or publicly communicating the information contained on the webpage is not permitted, unless there is authorization from the owner of the corresponding rights or this may be legally permitted.
2. The use of the information contained on the website to make direct sales, or with any other type of commercial purpose, to send unsolicited messages to a group of people, regardless of the purpose, as well as to market this information in any way is not permitted.
3. Removing, evading, or manipulating the copyright and other identifying data of the rights of Enel or of its incorporated owners, as well as the technical protective devices, digital fingerprints, or any other protective mechanisms, is not permitted.
4. Disassembling, decompiling, or reversing the databases where the website information is stored is not permitted.
5. Conducting practices or actions of spamming in the use of or as a result of the use of the website, or of the information and services, with the purpose of selling or other commercial natures, to a group of people, without their prior request or consent, or any other messages that have not been previously solicited nor consented to by a group of people, is not permitted, as well as sending message threads that have not been previously solicited or consented to, or using mailing lists which can be accessed over the Web.
Any breach of the provisions in this paragraph shall be considered a breach of the intellectual property rights owned by Enel, giving rise to legally-stipulated liabilities to this effect, and this action may be prosecuted through the administrative, civil, or criminal actions that may apply in each case.
4. Ownership of the Content
All the information contained on this website, including images, graphic designs, or codes in HTML, JAVA, JAVA script, or Active X languages, among others, is the intellectual and industrial property of Enel. Exclusive exercise of the rights of use of the referenced intellectual property, in any form, and especially the rights to reproduction, distribution, public communication, and transformation, belongs to this company. Enel does not transfer, either totally or partially, nor grant license or any authorization to users regarding the intellectual or industrial property rights, or of any other form related to the website.
Likewise, Enel guarantees the contents, including those of intellectual property, are not illicit in nature nor do they violate current legislation. Thus, the contents of the website shall not be xenophobic, pornographic, discriminatory, or racist in nature, nor shall they promote violence in any way. Furthermore, Enel shall adopt the legal measures it deems appropriate to thwart any type of behavior that goes against the Law or ethics.
5. Exclusion of guarantees and responsibilities
Regarding the exclusion of guarantees and responsibilities, Enel shall not be held liable for:
a. Damages of any nature that may stem from the products or services provided or offered by third parties or entities through the Web, and specifically:
i. breach of the Law, ethics, and good customs, as well as the public order, or the use of the products and/or services offered improperly or not diligently, or with illicit purposes or objectives, or in opposition to what is stipulated in these general conditions or in the conditions that may be applicable in each case.
ii. violation of the intellectual and industrial property rights.
iii. violation of trade secrets.
iv. violation of the rights to honor, personal and family intimacy, and to people's images, and rights pertaining to the protection of children and youth.
v. performance of acts of unfair competition.
vi. conducting illegal advertising or acts that constitute a crime or are pornographic in nature.
vii. unlawfulness or absence of veracity, accuracy, reliability, relevance, timeliness, and completeness of the content and information shared or provided to users, including the information and services provided by third parties or by users via the web.
viii. non-compliance or defective compliance or termination for any reason of the contracts carried out with third parties for the provision of services via the Web.
ix. the incapacity of any User or the impersonation of the identity of a third party carried out by the User.
b. Damages of any nature that may stem from unauthorized third parties possessing knowledge of the class, conditions, characteristics, and circumstances of use of Web users and of the services it offers.
c. Damages of any nature that may be due to the presence of errors in the access to or use of the webpage, as well as the access to or use of its services or content, even though it may be promised to avoid these errors, update them, or rectify this content. This means responsibility is excluded for a lack of availability or continuity of operation of the Web and of the services, as well as regarding errors when accessing the different webpages or those through which services are provided.
d. Damages of any nature that may stem from information contained on its webpage, to which this Web can send hypertext links or links. The purpose of the links that appear on the page is entirely informational and Enel is not responsible under any circumstance for the outcome that you intend to obtain through accessing the aforementioned links. Therefore, Enel shall not be held liable for:
i. the availability, accessibility, and operation or continuity of the linked sites.
ii. the quality, legality, reliability, utility, veracity, validity, completeness, and/or authenticity of the content of the linked sites.
iii. the maintenance, provision, or distribution of the contents of the linked sites.
e. Damages of any nature that may stem from the presence of a virus in the information system, digital documents, or files of the users. Likewise, for the presence of a virus in the services provided by third parties through the Web that cause alterations in the information system, digital documents, or files of users.
f. Under no circumstance, including negligence, for the loss of business, loss of use, loss of benefits, loss of data, due to indirect, secondary, special, or consequential damages that arise from the access to or use of the Web services, or which are within the same realm in another form.
g. The damages that may stem from the knowledge that unauthorized third parties could have of the class, conditions, characteristics, and circumstances of access and use that users attribute to the Web, and of the information and services, as well as non-compliance by users of their obligations related to personal data.
In relation to the limitation of responsibilities, regarding the web services, Enel rejects all express, implicit or mandatory guarantees including, but not limited to, the guarantees implicit in marketing, and alignment with specific purposes and the mandatory guarantees of protection in terms of non-compliance.
7. Duration and termination
Access to and use of the Web has an indefinite duration. Notwithstanding the foregoing, Enel shall reserve the right to terminate or suspend access and use of the Web at any time. When it is possible within reason, Enel will give prior notice of the termination or suspension of access and/or use of the Web.
8. User Indemnity
The user expressly undertakes to indemnify Enel and the rest of the group's companies, employees, administrators, agents, suppliers of information or of services, and licensors, of any damages (including legal fees and costs) stemming from violation by the user of these general conditions or the specific applicable conditions, as the case may be, as well as to cooperate with Enel in the defense of its interests in the event a claim is filed or any legal or administrative proceedings are begun or initiated due to this cause. Likewise, the user undertakes to put forward their best efforts to prevent, as the case may be, or mitigate the damaging effects stemming therefrom for Enel.
9. Applicable legislation and jurisdiction
All of the stipulated conditions shall be governed by Chilean legislation. Enel and the user hereby expressly waive the jurisdiction to which they may belong, and they submit to the Tribunals and Courts of Santiago de Chile for any dispute that may arise from the provision of the services subject to these general conditions. In the event the user were to be domiciled outside of Chile, Enel and the user expressly waive the jurisdiction to which they may belong and submit to the Courts and Tribunals of Santiago de Chile.
II. Protection of personal data.
1. Data Protection Policy
Enel guarantees fulfillment of Law No. 19,628 regarding the protection of private life. This law pertains to Article 19 No. 4 of the Political Constitution of the Republic, as well as the freedom of information embodied in Article 19 No. 12 of the Constitution. Since the aforementioned Law entered into force, it can be sustained that the storage and handling of personal data by Enel has been done in conformity with the law, and, consequentially, is subject to the principles, recommendations, and requirements established by law.
At the time of registration in order to obtain information about the status of the Enel Distribución account and/or to access the Enel Customers Chile application, we ask the user for personal contact information that makes it possible to provide them with our services. The more accurate this information is, the more personalized our service.
Along with requesting information during the Registration process, Enel may ask for additional information in the event of special occasions, such as contests, promotions, payments, and other events.
Enel could eventually use users’ contact information to send information about our company. Users can opt to not receive mailings in the future.
Enel can also use the personal information to determine the demographic data of our users and distribute statistical information and general market information. These data always represent aggregate information and never identify a specific user.
The user is authorized to verify and correct their personal information related to our site. We will only ask you for personal contact information one single time. This is why we recommend you keep this information updated.
Enel reserves the right to modify its data protection policy at any time, with the purpose of adapting it to the legislative modifications that may be brought about, and thus complying with these laws. In this regard, it is necessary to state that users of the webpage shall be duly informed of the changes that may be made to said policy, with sufficient advance notice of the time at which there may be effects resulting from these changes.
2. Security Measures
With the aim to make its Data Protection Policy effective and efficient, Enel has adopted technical and organizational security measures that are required by current legislation in terms of personal data protection. To this effect, all the means and mechanisms needed to avoid the alteration, loss, improper use, handling, and unauthorized access, or theft of data have been established, in view of the state of technology. Nevertheless, it must be taken into account that online measures, due to their nature and global character, are not impregnable.
3. Personal Data Disclosure
- Disclosure of data to Group Companies
Enel informs users that collected personal data may be disclosed to other companies from the Enel Group, to investee companies of this Group, or to other companies with which the Group companies have reached collaborative agreements, for fulfillment of the purposes described in the previous point two.
- Disclosure of data to Third Parties
In terms of personal data disclosure to third parties, users are hereby informed that, in general, personal data shall not be disclosed to third-party entities, except for in those cases where the disclosure is in response to the fulfillment of a legal obligation, or also in those cases where there may be a contractual relationship of data processing for the provision of a specific service. In any case, users must be aware that in the event a disclosure of this nature occurs, this shall only be carried out when express consent has been given by the user.