Legal Notice

1.1. The Data Controller is Enel Américas S.A. (“Enel”), Tax ID No. 94.271.000-3, represented by Mr. Giuseppe Turchiarelli, both domiciled at Roger de Flor No. 2725, 19th floor, Las Condes district, Santiago.

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

1.3. The Data Processor shall be Enel or another related or unrelated company duly authorized by Enel for such purpose.

If several services are subscribed to or accessed, the names of any other potential data controllers and data processor responsible for the processing will be communicated through the App.

2.1. The Processor will process the personal data that you have provided or that it has lawfully obtained (“Personal Data”). Specifically, the following personal data may be processed:

a) Identification Data: Data that allow the direct or indirect identification of the data subject in the various interactions with the Controller, such as first name, surname, address, identity card, email address, landline and mobile telephone number, etc., provided by the Controller or by the data subject to the Processor at the time a contract is signed, during telephone contact, or in the course of any communication, as well as the data subject’s geographical location.

b) Contact Data: contact information of the data subject, such as telephone numbers (landline and/or mobile), address and email address, provided to the Controller and/or Processor upon subscription, during the term of any contracts entered into, or on Enel’s website. 

c) Browsing Data: During the normal operation of the website or the App, the computer and telecommunications systems automatically record certain general data (e.g., the date and time of access, pages visited, name of the Internet Service Provider, browser type and the Internet Protocol or IP address through which you access the Internet, the source URL from which you connected to the site, etc.). This information is implicitly transmitted by web communication protocols and is used to optimize system management and performance.

d) Data Acquired by Customer Service: data provided during interactions with Enel Customer Service, including recordings of telephone calls, if you have consented to the recording of the call or the collection of data, or where recording is carried out pursuant to a legal or regulatory obligation.

e) Economic and Financial Data: data necessary to manage payments of invoices relating to contracted services, quotations related to requests submitted directly to Enel, tenders and other contracts.

2.2. We inform you that personal data will be processed manually and/or with the support of computer or telecommunications systems.

3.1. The Processor processes personal data for the following purposes and on the following lawful bases:

3.2. The provision and timely updating of your personal data are necessary in all cases where such data are processed to comply with a legal obligation or to perform a contract to which the data subject is a party. Any refusal to provide or update the aforementioned data could make it impossible for Enel to carry out the processing for the purpose for which the personal data is collected.

3.3. The provision and timely updating of your personal data are voluntary for achieving the purposes indicated in the table for which the legal basis of the processing is your consent. You will be expressly informed of the processing activities for which consent is required. Enel will take all necessary measures to ensure that your consent is given in an informed, free and voluntary manner.  Likewise, you may freely withdraw the consent granted at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

3.4. The Controller has adopted technical and organizational measures intended to ensure a level of security appropriate to the risk of the processing activity, as provided for in Law No. 19,628, with the aim of preventing and countering the loss of personal data, as well as unlawful or improper use and unauthorized access. 

4.1. In order to fulfill the purposes indicated above, Enel may need to disclose personal data to third parties to comply with legal obligations or to carry out activities necessary for the provision of the requested services.  Where processing is carried out on Enel’s behalf, the aforementioned parties will process personal data as Processors; in all other cases, the data will be processed by such parties as independent Controllers.

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

a) Employees and collaborators of the Controller, appointed for this purpose, or of Enel Group companies, for the performance of organizational, administrative, financial and accounting activities.

b) Third-party service providers appointed as Processors. These parties will process personal data, for example, in billing and credit management services, customer communication activities, customer service, claims management, pre-litigation proceedings and litigation, and services for managing Enel’s technological infrastructure.

c) Parties that carry out control, audit and certification activities in relation to the activities performed by Enel; banking institutions and credit card issuing companies; professional firms and companies in the context of assistance and advisory relationships, including legal assistance and advice.

4.2. Customers’ personal data may be shared with or transferred to centralized and decentralized public and private bodies, authorities, and supervisory and control bodies, where necessary to comply with legal obligations or to grant aid, benefits and facilities of any kind related to the provision of Enel’s services, including courts and tribunals, where required by applicable regulations.

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

5.2. Your personal data may be processed in countries outside the European Union, subject to safeguards that ensure an adequate level of protection in the destination country. The transfer of data may be covered by (i) contractual clauses; (ii) binding corporate rules; (iii) other legal instruments entered into between the Controller making the transfer and the Controller or third-party agent receiving the data, provided that such instruments establish appropriate safeguards; and (iv) where the Controller making the transfer and the Controller or third-party agent receiving the data adopt a compliance model or certification mechanism that establishes appropriate safeguards.

6.1. Personal data processed ​​for the purposes described will be retained in accordance with the principles of proportionality and necessity, and in any event for as long as the purposes of the processing continue to apply or until they have been achieved.

6.2. If you have signed a contract with the Controller, your personal data will be retained for a period of 10 years from the end of the contractual relationship, without prejudice to their retention in order to comply with specific legal obligations or provisions of the Authority, to collect outstanding receivables, and to manage disputes, complaints and legal proceedings.  In this case, the data will be duly protected and encrypted.

7.1. Under Law No. 19,628 on the Protection of Personal Data, in relation to the personal data provided, you have the right to:

a) Access and request a copy of them;

b) Request their rectification;

c) Request their erasure or temporary blocking;

d) Obtain the restriction of processing of your personal data;

e) Object to specific processing where it is contrary to the provisions of Law No. 19,628; in this case, Enel will refrain from processing the personal data in respect of which you exercised your right to object, unless it demonstrates compelling legitimate grounds for continuing such processing, or for the establishment, exercise or defense of a right or claim before a court of law.

f) Request and obtain from the Controller a copy of your personal data in a structured, generic and commonly used electronic format that can be operated by different systems and transmit or transfer them to another Data Controller.

7.2. We inform you that, in any event, 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 contact methods also extends to the processing of personal data through traditional contact methods, unless you wish to object only to one type of contact.  If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

7.3. Refusal to provide the requested personal data, or the provision of inaccurate or incomplete data, could make it impossible to provide the contracted services adequately. Customers are responsible for the accuracy of the data provided and for notifying the Data Controller and Data Processor of any changes thereto.

7.4. To exercise these rights, withdraw your consent and obtain further information about the processing of your personal data, contact the Data Protection Officer at the following email address: dpo.chile@enel.com

7.5. You are also informed that, if you consider that your rights have not been duly addressed, you may lodge a complaint with the competent civil court or with the Data Protection Agency once it becomes operational.