Legal Notice

PRIVACY POLICY ENEL AMÉRICAS

1. Data Controller and Data Processor.

1.1. Data Controller.

The Data Controller (Entity, indistinctly) provided through the website: www.enel.cl (the Website), is Enel Américas S.A. (Enel), RUT N° 94.271.000-3, adress:  Avenida Santa Rosa 76, Santiago, telephone number: 562 23534400.

1.2. The Data Controller has appointed a Data Protection Officer (DPO) who may be contacted at the following email address: dpo.chile@enel.com

In the event of subscription to various services or access to them, the names of other people in charge of personal data protection shall be notified through the App.

2. Types of personal data and protection methods

2.1. The Data Controller shall process and treat the personal data that you have provided or that it has legitimately obtained (Personal Data). The Data Controller shall be Enel or another related company, duly authorized by Enel for this purpose. Specifically, the following personal data may be processed:

a) Identification data: Data that allow direct identification, such as name, surname, address, identity card number, email address, landline and cell phone number, etc., delivered to the Data Controller during processing. We will process this Personal Data in case you ask us questions, request information or send us communications of kind.

The processing of this Personal Data is necessary to provide a response to the communications received or requests you have made.

At times, such data may be enriched with sources of public information available in Chile.

b) Navigation data:   The computer and telematic systems, and the software procedures used to operate the Website acquire, during their normal operation, some data (e.g. the date and time of access, the pages visited, the name of the Internet Service Provider, and the Internet Protocol or IP address through which you access the Internet, the Internet address from which you connected to our Website, etc.), which transmission is implicit in the use of web communication protocols or is useful for better management and optimization of the email and data transmission system.

c) Consumption data:  Data related to the levels of supply and consumption recorded, collected, and processed during the term of the supply Contract that you may have signed.

d) Payment data:   Those data provided in case of purchase of products or services, including identification details.

e) Contact data:  Contact information, such as telephone numbers, landline and/or mobile phone, email address, provided to the Data Controller or Data Protection Officer (DPO) during subscription or during the term of the Supply Contract or at any other time. This data allows you to be contacted to provide answers to your requests and/or services appropriate to your needs.

f) Data acquired by Customer Service:  Data provided during interactions with Enel’s Customer Service, including phone call recordings, if you have consented to registration, or in cases where registration is carried out pursuant to a legal or regulatory obligation.

2.2. We inform you that personal data shall be processed manually and/or with the support of computer or telematic methods.

3.  Purpose and legal basis of the treatment

3.1.   The Data Processor will process your personal data for the achievement of specific purposes and only on the basis of a specific legal basis provided by the applicable law on privacy and protection of personal data. Specifically, Enel will process your personal data only in cases where one or more of the following legal bases are valid:

  • You have given your free, specific, informed, unequivocal, and express consent to the data processing;
  • Enel is required by law to process personal data.

 3.2. Below you will find the list of the purposes according to which your personal data are processed by the Company and the legal basis that legitimizes this processing.

 

Treatment Purposes

Legal Basis

 

To permit the use of all the features of the Website

 

Consent of the interested party

 

To verify the correct operation of the Website 

 

Consent of the interested party

 

To allow registration and/or access to the reserved area through the unique profile

 

 

Consent of the interested party

 

To determine responsibility in case of computer crimes against the website; detection, prevention, mitigation, and verification of fraudulent or illegal activities in relation to the services provided on the website; to carry out the security controls required by law.

 

Legal Obligation

 

To respond to a query or request made by the interested party.

 

Consent of the interested party

 

 

To implement the contracts signed with the Entity in charge (for example, in relation to the supply of electricity, natural gas, applications to detect energy consumption, etc.) and all subsequent operations of interest to the customer.

 

Legal Obligation

 

 

 

To allow access to the "Save and continue" functions available on the Entity’s website for entering into contracts through the website.

In the event that you do not complete the procedure to generate the Contract with the Data Controller or the procedure on the Website, your data will be used to contact you in order to facilitate the conclusion of the process.

The Data Controller will be able to access the membership form that contains the data that you already entered in the first collection phase, in order to continue completing it by telephone contact and allow you to complete the membership process by accessing a link, which the Entity will send to your email.

Alternatively, access to the data collection can be achieved by sending a "One Time Password" (called "OTP") to the cell phone number indicated during the registration phase.

After five (5) calendar days from the sending of the email, the link will no longer be usable, with the consequent cancellation of the data.

 

Consent of the interested party 

 

 

To manage any purchase order and related administrative activities.

 

Legal Obligation

 

 

To verify that the bank and direct debit details provided are correct. To this end, the Entity may contact you directly by phone or through the digital channels made available for this purpose.

 

Consent of the interested party.

 

 

To permit the security controls required by law.

 

 

Legal Obligation

 

 

To prepare measures aimed at protecting against credit risk, including activities aimed at identifying the reliability and/or economic solvency of the customer, before or during the contractual relationship. For this purpose, the information could be acquired through access to the information systems of authorized companies in order to verify the reliability and timeliness of payments.

 

Legal Obligation

 

 

 

To detect, prevent, mitigate, and determine fraudulent or illegal activities in relation to the services provided on the Website.

 

Legal Obligation

 

To carry out activities aimed at improving the quality of the services offered, related to the contractual relationship (for example, through surveys to assess customer satisfaction).

 

Legal Obligation

 

 

 

To allow the Data Controller to carry out market research, direct sales, including telephone sales, product or service placement, commercial communications or marketing activities, and the sending of advertising material. These activities can be performed using traditional methods (such as regular mail) or automated contact systems (for example, SMS, email).

 

 

Consent of the interested party

 

 

 

To use the email and/or address provided by the customer, part of the contractual relationship with the Entity, to send commercial offers related to products and/or services similar to those previously acquired (so-called soft Spam).

 

 

Consent of the interested party

 

 

 

To allow the companies of the Enel Group, its parent companies, subsidiaries and associates, or its business partners to carry out market studies, direct sales, including telephone calls, for the placement of products or services, for commercial communications or marketing activities. These activities can be carried out by sending advertising, informational, promotional, or invitation material, using traditional methods (e.g. regular mail) or automated contact systems (e.g. SMS, email).

 

Consent of the Holders

 

 

 

3.3. The timely delivery and updating of your personal data is necessary in all cases in which the processing of these data is carried out for the fulfillment of a legal obligation or to execute a contract to which you are a party or for the implementation of pre-contractual measures adopted at your request. A possible refusal to deliver or update could make it impossible for Enel to carry out the purpose for which the personal data is collected.

3.4. The timely delivery and updating of your personal data are voluntary for the achievement of the purposes indicated in the table for which the legal basis of the processing is your consent. The fact of not giving your consent in relation to these last purposes shall not have any consequence in the conclusion of the Contract. The mandatory or optional nature of the granting of consent shall be specified at the time your personal data is requested.

4.   Recipients of personal data

4.1.   The following may access your personal data for the purposes mentioned above:

a) The employees of the Data Controller, designated for this purpose, or of the Enel Group companies, to carry out organizational, administrative, financial, and accounting activities.

b) Employees of third-party companies or other entities that carry out subcontracted activities on behalf of the Entity in charge to allow the website to function, in their role as external data processors.

c) To third parties, Enel Group companies, parent companies, subsidiaries and associates, or business partners of the Entity in charge, for direct marketing purposes, in accordance with the provisions of the applicable legislation on privacy and protection of personal data, subject to obtaining your consent.

4.2. The personal data of customers may be transferred to authorities, services, and public, centralized, and decentralized bodies, including courts-of-law when required by applicable regulations.

5. Transference of personal data  

5.1.   Your personal data shall be processed in Chile in accordance with current legislation on personal data protection. When necessary, they may be processed in the European Union and shall be stored on servers located in the European Union.

5.2.   Said 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 and shall only be possible if the owners and managers involved offer adequate guarantees of a contractual or extra-contractual nature, including Binding Corporate Rules and standard contractual data protection clauses.

5.3.   The transfer of your personal data to countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, shall be carried out only if you have explicitly consented to it or in the cases provided by the EU GDPR (European General Data Protection Regulation) or other appropriate measures as described above, shall be implemented and processed in your interest. In these cases, we hereby inform you that, despite the fact that the Enel Group adopts operating instructions common to all the countries in which it operates, the transfer of your personal data could be exposed to risks related to the peculiarities of local laws regarding the processing of personal data.

6.  Conservation period for personal data

6.1.   The personal data processed for the purposes established in the “Purpose and Legal Basis of the Processing” Table above, shall be kept in accordance with the principles of proportionality and necessity, and in any case while the purposes of the processing subsist or have been achieved.

6.2.  In the event that you have signed a contract with the Data Controller, your personal data shall be kept for a period of 10 years as of the termination of the contractual relationship, without prejudice to the conservation of the latter to comply with obligations or specific legal provisions of the Authority, for the collection of pending credits and for the management of controversies, complaints, and legal actions.

7. Rights of interested parties

7.1. Pursuant to Law No. 19,628 on Protection of Privacy, in relation to the personal data communicated, you have the right to:

a) Access and request a copy of them;

b) Request its correction;

c) Request its cancellation;

d) Obtain a limitation of the processing of your personal data;

e) Oppose the processing of your personal data;

f) Receive said data, in a structured format, commonly used and legible by an automatic device, said data to another person in charge of the processing, when it is technically possible.

7.2.   We inform you that you have the right to object at any time to the processing of all or some of your personal data. In this case, Enel shall refrain from processing those data with respect to which you exercised your right of opposition, unless it demonstrates the existence of binding legitimate reasons to continue with said processing, or for the verification, compliance, or defense of a right or a claim before a court of law.

7.3. We inform you that, in any case, you have the right to object at any time to the processing of your personal data for direct marketing purposes, including profiling, insofar as it is related to such direct marketing. The right to object to such processing carried out through automated means of contact also extends to the processing of personal data through traditional means of contact, unless you wish to object only to one type of contact. If you object to the processing for direct marketing purposes, your personal data shall no longer be processed for these purposes.

7.4.   The refusal to supply the requested personal data, or the delivery of inaccurate or incomplete data, could make it impossible to properly provide the contracted services. Customers are responsible for the veracity of the data provided, as well as for informing the Data Controller and DPO of any changes to them.

7.5. To exercise your rights, withdraw your consent, and obtain more information about your personal data, contact the Data Protection Officer, who can be accessed at the following email address: dpo.chile@enel.com

7.6. You are also hereby informed of your right to file a claim with the competent civil court.