Legal Notice

Legal Notice 

I. GENERAL INFORMATION

General terms and conditions for access to and use of our Website.

1. User

   The use of this Website gives you the status of user thereof and expresses your full and unrestricted acceptance of each and every one of the General Conditions published by Enel Américas from the moment you enter the Website, without prejudice of the acceptance of the specific conditions applicable in your case. Any use other than the one authorized is expressly forbidden, and Enel Américas is empowered to deny or withdraw the right to use this Website at any time and without previous notice to users who fail to comply with these general conditions, or with the specific conditions that could apply in a specific case.

2. Modifications

   Enel Américas reserves the right to unilaterally modify these conditions at any time, without previous notice. In that case, said modifications and notice thereof will be made public within the shortest possible time. Likewise,Enel Américas reserves the right to unilaterally modify the configuration of the Website at any time and without previous notice.

   Access to and use of the Website. Users have free access to the Website, and the common user does not have to register in order to access it. However, access to and use of given data and services offered through the Website can only be available through prior consultation with Enel Américas.

3. Restrictions

   Once you access our Webpage, you are expressly authorized to visualize all the information contained therein, as well as to make personal copies thereof in your electronic devices, as long as those contents are intended for your exclusive use, and will not thereafter be assigned to third parties. Therefore:

   1. You may not reproduce, copy, distribute, modify, assign, or make public the information contained in the Website, without its holder’s authorization to use those rights or if allowed by law.
   2. You may not use the information contained in the Website for the purpose of making direct sales, or for any other commercial activity, or to send unrequested mails to multiple recipients, whatever their purpose, nor to market said information in any way.
   3. You may not delete, skip, or manipulate the "copyright" or any data identifying Enel Américas rights or the rights of additional holders, or the technical protection devices, digital fingerprints, or any other protection mechanisms.
   4. You may not dismount, decompile, or invert the Website’s databases.
   5. You may not engage in “spamming” practices or actions in using, or as a consequence of using, the Website or its information and services for making sales to, or conducting other commercial activities with, multiple people without their previous request or consent, nor may you send any other messages non previously requested or accepted, to multiple recipients; neither are you allowed or to send not requested or previously accepted messages, or to send not requested or previously accepted electronic message chains or to use distribution lists to which you may have access through the Webpage.

   Any violation of the provisions in this paragraph will be considered a breach of the Copyright of Enel Américas, giving way to a legal accountability claim as provided in these cases, with such act(s) being brought before administrative, civil, or criminal courts, as appropriate.

4. Ownership of contents

   All data contained in this Website, including images, graphic designs, or HTML, JAVA, JAVA script or Active X among other is intellectual and industrial property of Enel Américas. This company is entitled to the exclusive use of the exploitation rights of the above of said intellectual property, in any way, and especially, the reproduction, distribution, public communication, and transformation rights. Enel Américas does not totally or partially assign or grant any license or authorization to users on the intellectual or industrial property rights, or in any other manner in relation to the Website.

   Likewise, Enel Américas guaranties that contents, including those with copyright, are not illegal in nature and don’t violate any law presently in force. Thus, Website contents will not be pornographic xenophobic, discriminatory, racist, or content that could in anyway incite violence. In addition, Enel Américas will adopt all legal actions it considers pertinent to prevent any type of conduct contrary to law or morals.

5. Disclaimer of guaranties and accountabilities

   As to guaranties and accountabilities, Enel Américas will not respond for:

   1. 1. Any type of damages and prejudices that may result from products supplied or services rendered by third parties or entities through the Website, and in particular for:
      1. unlawful, immoral, and bad behavior, or acts against public order, or non diligent or incorrect use of the products and/or services offered, or for illicit purposes or effects, or contrary to these general terms, or to any applicable terms, according to each case.
      2. violation of the industrial and intellectual property rights.
      3. breach of professional secrecy.
      4. breach of the rights to honor, personal and familiar privacy, and personal image, and of those rights related to the protection of childhood and youth.
      5. disloyal competition actions.
      6. Illicit publicity or acts of delinquency or pornography.
      7. illegal, false, inaccurate, unreliable, irrelevant, outdated or incomplete nature of the data and information conveyed or made available to users, including information and services provided through the Website by third parties or by the users.
      8. Nonperformance or defective performance, or termination for any cause of contracts entered into with third parties regarding provision of services through the Website.
      9. The inability of any user, or the impersonation of a third party by the user.
   2. Enel Américas will only respond for its own services and for contents directly originated by it and identified by the copyright as a trademark or industrial brand of Enel.
   3. Damages or prejudices of whatever nature that may be the result of the knowledge obtained by non authorized third parties of the type, conditions, characteristics and circumstances of the use of the Website by its users and of the services there offered.
   4. Damages and prejudices of whatever nature that may be the result of errors in the access to or use of the website, or of the access to and use of its services or content, although it strives to avoid them, revising or updating said content. In other words, it disclaims accountability for lack of continued availability of the Website and its services, as well as for failures in access to the different web pages or of those pages from which services are provided.
   5. Damages and prejudices of whatever nature that may be the result of the information contained in its Website to the pages to which the Website can send links. The links appearing on the page are merely for information, with no accountability on the part of Enel Américas for the results you may you could have by accessing those links. Thus Enel Américas will not be accountable for:
      1. the availability, accessibility and functioning or continuity of linked sites.
      2. the quality, legality, reliability, usefulness accuracy, validity completeness, and/or authenticity of the content of linked sites.
      3. The maintenance, service, or transmission of linked sites.
   6. Damages and prejudices of whatever nature that may be the result of viruses in the user’s computers, electronic documents or files or due to viruses in third party web services causing alterations in the system.
   7. Under no circumstance, including negligence, loss of business, loss of use, loss of benefits, loss of data, indirect, secondary, especial, or consequential damages from the access to, or the use of, Web services or that are, otherwise, within the network environment.
   8. Damages and prejudices that could result from the knowledge that non authorized third parties may obtain about the type, conditions, characteristics, and access circumstances and for the use of the Web made by users, its information and services received by users as well as from the noncompliance of users with their obligations regarding personal data.

   Regarding limitation of accountability, Enel Américas disclaims all express, implicit and obligatory Web service guaranties, including but not limited to, implicit marketing and adaptation to special purpose guarantees, and obligatory protection guaranties in case of noncompliance.

6. Use of de cookies

   Enel Américas may use "cookies" and "logs" when users surf its Website pages, although there is no need for them to allow the installation of cookies in order to access and use these pages. These cookies are associated exclusively with the user’s computer but they don’t provide data allowing to deduce the user’s name, nor can they read data on the user’s computer hard disk or detect cookies created by third parties. However, they allow Enel Américas to recognize the user once he/she registers, requiring no further registration at each new visit to access data and services reserved exclusively to registered users. The user may configure his/her browser with the instructions of the applicable manuals to receive on his/her screen a notice about the reception of cookies and prevent the installation of cookies in the hard disk.

7. Duration and termination

   Basically, access to and use of the Website have indefinite duration. However, Enel Américas reserves the right to consider access to and use of the Website terminated or suspended at any time. If reasonably possible, Enel Américas will give previous notice of the termination of access and/or use of the Website.

8. Indemnification by the user

   The user expressly agrees to keep Enel Américas, and all other companies of its Group, employees, managers, agents, data or service providers, and licensors, indemned from any damages or prejudices (including lawyers’ fees and court costs) resulting from noncompliance with these general conditions of with the specific conditions applicable, as the case may be, as well as to cooperate with Enel Américas in the defense of its interests should there be any claim, or should any legal or administrative procedure take place due to said cause. Likewise, the user agrees to make his/her best efforts to prevent or, if the case should be, mitigate the prejudicial effects that could derive from such eventuality for Enel Américas
   

9. Applicable Law and jurisdiction

   All established conditions will be ruled by Colombian Law. Enel Américas and the user, expressly waive the court jurisdiction that could correspond to either of them, and hereby submit to the courts of the user’s domicile for any controversy that could arise regarding the service provision object of these general conditions. Should the user be domiciled outside Colombian territory, Enel Américas and the user submit, waiving the court jurisdiction that could correspond to either of them, to the courts and tribunals of Bogotá, Colombia.

II. Personal data protection.

1. Data Protection Policy

   Enel Américas guaranties compliance with Act 1581 of 2012. The object of this Act is to “develop the constitutional rights of every individual to know, update, and revise data gathered about them in databases or files, and all other constitutional rights, liberties, and guaranties referred to in Article 15 of the Political Constitution of Colombia; as well as the right to information contained in Article 20 thereof”. From the sanction of this Act, it can be said that personal data storage and use by Enel Américas is within legal requirements and, consequently, is subject to the principles, recommendations and requirements provided thereby.

   Enel Américas reserves the right to modify its Data Protection Policy at any time in order to adapt it to and comply with any legal changes that may occur. It must be pointed out that, in this instance, Website users will be duly informed of changes made is said Policy, in sufficient advance to the moment in which effects will derive from those changes.

2. User Data Collection, Purpose and Use

   Through different web pages, Enel Américas offers users an extensive catalog of services intended to effectively meet their actual needs. To request these services, users must register at the links of the different web pages where said services are published, providing their personal data required. Once this is done, users will be considered REGISTERED USERS. The user guarantees the accuracy of the data entered.

   Users must be aware that in each of the different links of the web pages in which Enel Américas offers services there is a specific notice intended to adequately inform the user, and obtain his/her consent to the way the data provided will be treated, from the time he/she requests the corresponding service.

   It is also convenient for users to be informed that, in order to request these services, they must necessarily provide certain data, while there are other optional data required which they may provide or omit at will. This is due to the fact that Enel Américas intends to guarantee at all times the accurate provision of the service requested. It should also be emphasized that the data provided must be real, and that their automated or manual use is essential in order to provide the requested service. Enel Américas informs users that certain personal data gathered from these registration forms, are stored in the files that are duly declared to the Superintendency of Industry and Commerce, although there are other personal data that are gathered only for providing the requested service and that, given their transient nature, once the intended purpose is met, these data are deleted in keeping with all legal guaranties.

   Through the different Enel Group web pages, user data may be used to send proprietary or third party publicity, and offers of the Group Companies or of third parties with whom cooperation agreements have been signed for the provision of energy services or products, telecommunication and Internet, financial and insurance services, and household appliance servicing, in the terms and conditions contained in each Website, for which consent will be requested.

3. Safety Measures

   Enel Américas has adopted technical and organizational safety measures to insure the effectiveness of its Data protection Policy in keeping with present legal provisions for personal data protection. All means and mechanics required have been adopted to avoid alteration, loss, unauthorized use or use, and unauthorized action or data robbery, given the present technology. Nevertheless, account must be taken of the fact that, due to its global nature, measures adopted in Internet are not indefeacible.

4. Assignment of Personal Data
   • Assignment of data to Group Companies Enel Américas informs users that data gathered can be assigned to other Enel Group Companies, to companies of which Group member companies are partners, or to others with which the Group have cooperation agreements, to meet the objectives described in item 1 above.
   • Assignment of Data to Third Parties Regarding assignment of data to third parties, users are informed that, as a whole, the data received will not be assigned to third parties, except when the assignment is made to meet a legal obligation, or when there is a contractual relation of entrusted use to provide a given service. In any case, users must know that, should this type of assignment be made, it will only take place after obtaining express consent from the user involved.

User rights

Act 1581 of 2012, grants users the possibility of exercising the following rights in relation to their personal data:

1.  To know, update, and edit their personal data held by those accountable for or entrusted with the use of said data. This right may be exercised in case of partial, inaccurate, incomplete, fractioned data, inducing to error, or in the case of data the use of which has been forbidden or non authorized, among other;
2. Request evidence of the authorization given to the person responsible for the use, except when expressly waived as requirement for use, in keeping with the provisions of Article 10 of Act. 1581 of 2012;
3. To be informed by the person responsible for or entrusted with the use –by previous request- about the use he has given to his personal data;
4. To file claims at the Superintendency of Industry and Commerce for violation of the provisions or Act 1581 of 2012 and other regulations modifying, additioning, or supplementing it;
5. To revoke the authorization and/or request the suppression of data when the use fails to respect the principles, rights, and the legal and constitutional guaranties. Revoking or suspending will proceed when the Superintendency of Industry and Commerce determines that the person(s) responsible for or entrusted with the use of the data has(have) incurred in conducts contrary to Act 1581 of 2012 and to the Constitution of the Republic of Colombia;
6. To have free access to his/her personal data object of the Use.