I. GENERAL INFORMATION
General terms and conditions for access and use of our website.
Using this website gives you user status and expresses your full and unreserved acceptance of each and every one of the General Conditions, as published by the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia), once you access the Website, without prejudice to the particular conditions that may apply. Any use other than as authorized is prohibited, and the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) have the power to deny or withdraw access to and use of their website, at any time, without prior notice, to those users who fail to comply with these general conditions and/or the particular conditions that may apply.
The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) have the right to amend, unilaterally, at any time and without prior notice, the present provisions. In such a case, said amendments will be published and notified as early as possible. Likewise, they have the right to amend, unilaterally, at any time and without prior notice, the website’s presentation and configuration.
Access and use of the website is free for users and does not any require prior registration for the general user. However, certain information and services that are available through the website, may only be used and accessed after receiving approval of the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia).
When you enter our website you have authorization to view all the information contained on the website, as well as to replicate it onto your computer systems as long as said contents are for your exclusive use and are not subsequently assigned to third parties. Therefore:
1. You are not authorized to reproduce, copy, distribute, modify, assign or publicly communicate information contained on the website, unless you have authorization from the rights holder or if it is legally permitted.
2. You are not authorized to use the information contained on the website for direct sales purposes or for any other kind of commercial purpose; to send unsolicited messages addressed to a plurality of people regardless of their purpose; and to market said information in any way possible.
3. You are not authorized to delete, circumvent, manipulate their “copyright” as well as other data under the rights of Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) or their incorporated holders; as well as the technical protection devices, fingerprints or any other protection mechanisms.
4. You are not authorized to disassemble, decompile or reverse the databases that store the website’s information.
5. You are not authorized to carry out “spamming” while using or as a consequence of using the website or its information and services with any sales or other commercial purposes targeting a plurality of people if you do not have an authorization derived from a prior request; nor any other messages that have not been requested or previously consented to by a plurality of people; nor to send unsolicited chains of electronic messages without prior consent; nor use distribution lists that can be accessed through the website.
Any violation of this paragraph’s provisions will be deemed an infringement of the intellectual property rights held by Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia), and are grounds to legal actions which may be pursued through administrative, civil or criminal actions, as appropriate.
4. Content ownership
All the information contained on this website, including images, graphic designs or HTML, JAVA, JAVA script or Active X language codes, among others, constitutes intellectual and industrial property of the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia). It is the responsibility of said company to exploit the rights of said intellectual property, in any form and, especially, the rights of reproduction, distribution, public communication and transformation. Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) do not fully nor partially assign, nor grant any license or authorization on its intellectual or industrial property rights to users, or related to the website in any other way.
Likewise, the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) guarantee that the contents, including their intellectual property, are not of an illicit nature or infringe the current regulations. Therefore, the website’s contents will not be xenophobic, pornographic, discriminatory, racist or encourage violence in any way. In addition, Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) will undertake any legal measures deemed convenient in order to prevent any type of conduct contrary to the Law or morality.
5. Liabilities and guarantees
Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) are not liable for:
1. Damages and losses of any nature that may be due to third party products or services offered through the website, and in particular:
a. any breach of the Law, morals and good customs, as well as public order, or the incorrect or misuse of the products and/or services, or any use for illicit ends or effects that are contrary to the provisions in these general conditions or in any applicable provisions.
b. breach of industrial and intellectual property rights.
c. breach of professional non-disclosure.
d. breach of honor, personal and domestic privacy and peoples’ image rights, and those related to the protection of children and youth.
e. unfair competition.
f. illegal advertising or acts constituting a crime or any of a pornographic nature.
g. illegality or lack of veracity, accuracy, reliability, relevance, timeliness and completeness 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.
h. breach or noncompliance or termination on any grounds of any contract signed with third parties for the provision of services through the Web.
i. any User’s incapacity or any third party impersonation by the User.
2. Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) will only be liable for services and contents directly originated and owned by them and identified with their Copyright as a trademark or intellectual or industrial property of Endesa.
3. Damages of any nature that may be caused by unauthorized third party knowledge of the user’s type, conditions, characteristics and circumstances of use, as pertains to the website and the services it offers.
4. Damages of any nature that may be caused by errors in either the website’s access or use, as well as in the access or use of its services or in its content, even if committed to avoiding, updating or correcting said content. That is to say, they are held harmless for the website and its services unavailability or discontinuity, as well as failure to access its different webpages or those from which services are provided.
5. Damages of any nature that may have been caused due to information contained on the website, or information that the website may link through hypertext links or “links.” The purpose of the page’s “links” is purely informative, and the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) are not liable for any result that you intend to obtain by accessing said “links.” However, Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) are not liable for:
a. the availability, accessibility and operation or continuity of the linked sites.
b. the quality, legality, reliability, usefulness, veracity, validity, exhaustiveness and/or authenticity of linked site contents.
c. the maintenance, provision or transmission of linked-site contents.
6. Damages of any nature that may have been caused by viruses in the user’s computer system, electronic documents or files. Similarly, for the presence of viruses in third party provided services through the Web, that cause alterations in the user’s computer system, electronic documents or files.
7. Under no circumstances, including negligence, loss of business, loss of use, loss of benefits, loss of data, indirect, secondary, special or consequential damages resulting from the access or use of the website’s services, or that are otherwise within its scope.
8. Damages that may have been caused by third party knowledge regarding users type, conditions, characteristics and circumstances of access and use of the website and its information and services, as well as user noncompliance pertaining personal data liabilities.
In relation to their limited liabilities, the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) reject all the guarantees related to the website’s services, whether explicit, implicit or binding, including, but not limited to the implicit marketing guarantees and adaptation to specific purposes and mandatory protection guarantees against noncompliance.
The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) may use “cookies” and “logs” when users browse through their web pages, although the installation of “cookies” is not necessary in order to access and use them. “Cookies” are only associated to the user’s computer, but they do not provide any data related to a user’s name, nor can they read data from the user’s computer hard disk or detect third party “cookies.” However, they allow the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) to recognize the registered user, without having the need to register at each visit in order to access the information and services reserved exclusively for registered users. The user has the possibility of configuring his own browser, according to the applicable instructions and manuals, in order to be presented with an on screen warning regarding “cookies” with the option of preventing “cookies” from installing onto the user’s hard disk.
7. Terms and Termination.
Access and use of the website have, in principle, an indefinite duration. Notwithstanding the foregoing, the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) have the right to terminate or suspend access and use to the website at any time. When reasonably possible, the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) will give prior notice of the website’s termination or suspension of access and/or use.
8. User indemnification
The user expressly agrees to compensate the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) and the rest of the group’s companies, employees, administrators, agents, information or services and license suppliers, with any damages (including attorneys’ fees and costs) if the user breaches any of these general conditions or the applicable special conditions, as applicable; as well as to collaborate with the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) in defending their interests against any claim or initiation or invocation of any court or administrative procedure. Likewise, the user undertakes to make his best efforts in order to avoid or, as the case may be, mitigate the harmful and damaging effects that could result for the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia).
9. Applicable legislation and jurisdiction
All the established conditions will be governed by Colombian legislation. The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) and the user, expressly renounce the jurisdiction that may apply to each, and subject themselves to the user’s Tribunals and Courts in his place of domicile, pertaining to any case that may have been caused by the provision of services in these general conditions. If the user is domiciled outside Colombian territory, the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) and the user submit themselves (and waive the jurisdiction that governs them) to the Tribunals and Courts of Bogota, Colombia.
II. Personal data protection.
1. Data protection policy
The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) guarantee compliance with Law 1581 of 2012. This Law’s purpose is “to develop the constitutional right that all persons have to know, update and rectify their own collected information that is stored in databases or files; and other rights, liberties and constitutional guarantees referred to Article 15 of the Political Constitution; as well as the right to information as enshrined in Article 20 thereof.” Since the aforementioned law entered into force, it can be stated that personal data storage and processing as carried out by the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) are within regulatory scope and consequently, subject to the principles, recommendations and requirements that are established through it.
The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) have the right to amend their data protection policy at any time, in order to adapt it to any legislative changes that may take place, and thereby comply with them. In this sense, it is necessary to point out that the website’s users will be duly informed of any changes made to said policy, with sufficient notice prior to entering into effect.
2. Collection, Purpose and Treatment
Through different websites, the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) will provide the users with a wide range of services that aim to effectively meet their real needs. In order to request these services, users must register in the links on the different websites where said services are explained and published, and they have to provide the required personal data. Once this action is taken, users will be classified as REGISTERED USERS. The user guarantees the truthfulness of the provided information.
The users should know that in each of the links on the websites where the Group Companies in Colombia (Enel - Emgesa and Enel Colombia) offer services, there is a specific legal notice whose objective is to adequately inform the user, as well as to obtain the users consent in order to process personal data after requesting any service.
It is also advisable to inform users that in order to request services it is mandatory to provide certain personal data, leaving them the option to fill in the information. This is because the Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) intend to guarantee, at all times, the correct provision of the requested service. It is also necessary to point out that the data provided in forms must be true and its processing, whether automated or manual, is essential for the provision of the required service. The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) will notify the users that certain personal data has been collected through said forms and will be included in the files that must be duly submitted to the Superintendence of Industry and Commerce, but also, that there is other personal data that will be collected solely for the provision of the requested service and therefore, given its temporary nature, and once the intended purpose is achieved, said data will be eliminated in compliance with all legal guarantees.
User data may be collected through the various Endesa web pages in order to send it to owned companies or to third party advertising, and any commercial offers from the Enel Group Companies and third parties that have undersigned collaboration agreements regarding products and related to the supply of energy, telecommunications and Internet, financial and insurance services and equipment and home assistance in the terms and conditions that are contained in each website that requests consent.
3. Security measures
The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia), with the aim of making their Data Protection Policy effective, have adopted security measures of a technical and organizational nature, as required by current legislation for the protection of personal data. To this end, all necessary means and mechanisms have been established to avoid alteration, loss, misuse, treatment and unauthorized access or theft thereof, taking into account the state of the technology. However, it must be taken into account that any measures on the Internet, due to their nature and global scope, are not totally immune.
4. Personal Data Assignment
- Data Assignment to Group Companies
The Enel Group Companies in Colombia (Enel - Emgesa and Enel Colombia) will inform users that their personal data collected may be assigned to other Enel Group Companies, or companies that are part of the Group, or to other companies with which the Group’s companies have collaboration agreements, in order to fulfill the purposes described in paragraph 2 above.
- Data Assignment to Third Parties
With respect to the assignment of personal data to third parties, users will be informed that, in general, personal data will not be assigned to third parties, except in those cases were the assignment is due to the compliance with a legal obligation or also in those cases in which a contractual relationship exists for the provision of a specific service. In any case, users should know that if such an assignment takes place, it will only take place when the user’s express consent has been obtained.
5. User Rights
Law 1581 of 2012 grants the Holders the possibility of exercising the following rights in relation to their personal data:
1. Know, update and rectify personal data as collected by those responsible for handling or managing the data. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or data whose handling is expressly prohibited or has not been authorized;
2. Request proof of authorization granted before the person responsible for processing the data, except when expressly exempted as a requisite for the handling of the said data, pursuant provisions of article 10 of Law 1581 of 2012;
3. Be informed by the Handling Manager or any person responsible for the handling, after a request regarding the use given to the user’s personal data;
4. Submit to the Superintendence of Industry and Commerce any complaints regarding any violation of the provisions of Law 1581 of 2012, and other regulations that amend, add or complement it;
5. Revoke authorization and/or request the data be deleted when handling principles, rights and constitutional and legal guarantees are not respected. The revocation and/or suppression will proceed when the Superintendence of Industry and Commerce has determined that the responsible person or person in charge has incurred in conducts contrary to Law 1581 of 2012 and to the Constitution when handling the data;
6. Free access to personal data subject to handling and use.