I.- GENERAL INFORMATION.-
General Information in keeping with Article 10 of Act 34/2002 dated the 11th of July, on information society and electronic commerce services.
Registered name of the supplier of the services of the information society: Endesa, Sociedad Anónima
Corporate address: Ribera del Loira, 60. 28042 Madrid
Registration data in the Madrid Mercantile Register: Volume 323, Folio 1, Sheet 6405.
Fiscal identification code number: A - 28/023430
All enquiries relating to information society and e-commerce services can be submitted to the e-mail address indicated in the contact section of this website.
II.- GENERAL TERMS AND CONDITIONS FOR ACCESS TO THE WEBSITE
The use of this Website confers the condition as user of the same on the actual user and who expresses their full and unreserved acceptance of all the General Conditions published by ENDESA at the moment you access the website, without prejudice to the acceptance of any specific conditions that may be applicable. Any use other than that authorised is expressly prohibited, ENDESA being enabled to deny or cancel the access and use of the website at any moment, and without prior notice to those users who do not comply with these general conditions or specific conditions that may be applicable.
ENDESA reserves the right to unilaterally modify the present conditions at any time and without prior notice. In these cases the publication and notification of the same will be carried out as soon as possible. In the same way, the right to unilaterally modify the presentation and configuration of the Website at any moment and without prior notice is reserved.
3. Access and use of the web
The access and use of the Website is free for the users and does not require general prior registration of the user. However, the access and use of certain information and services provided by the Website can only be carried out by means of prior registration as a user.
The User undertakes diligent use and not to disclose his/her username and password to any third party, as well as to notify ENDESA as soon as possible of the loss, theft or any access risk to the same by a third party.
4. Use restrictions
When you access our website you are expressly authorised to view all the information included in the website, as well as to carry out private reproductions of the same in your IT systems, always provided that said contents are for your exclusive use and are not subsequently provided to third parties. Therefore:
you are not authorised to publicly reproduce or copy, distribute, modify, assign or communicate the information included in the website, unless you have the authorisation of the holder of the corresponding rights or that the same is legally permitted.
you are not authorised to use the information included in the website for direct selling purposes or any other business purpose, send unrequested messages addressed to a seriesof persons regardless of the purpose, as well as the commercialisation of said information in any way.
you are not authorised to delete, elude, or tamper with the copyright or other identification details of the ENDESA rights or its included holders, as well as the technical protection equipment, digital fingerprints or any other protection mechanism.
you are not authorised to dismantle, decompile or invert the databases where the Web site information is stored.
you are not authorised to carry out any spamming practices or actions in the use or as consequence of the use of the website or the information and services with selling purposes or with other business purposes, to a series of persons without their prior request or consent, and you are not authorised to send mass electronic messages that have not been requested or previously agreed to, or use distribution lists which can be accessed by means of the website. Any infraction of that laid down in this paragraph will be considered as an infraction of the intellectual property rights held by ENDESA, S.A., giving rise to the responsibilities legally laid down for this purpose and liable to being prosecuted by the corresponding administrative, civil or penal actions.
5. Content ownership
All the information included in this Web, including the images, graphic designs or HTML, JAVA, JAVA Script or Active X codes, amongst others, is the intellectual and industrial property of ENDESA. Said company has the exclusive use of the exploitation rights of the mentioned intellectual property, in any way and in specifically the reproduction, distribution, public communication and transformation rights. ENDESA does not cede totally or partially, nor provides a license or authorisation whatsoever to the users on the rights of intellectual and industrial property or any other way relative to the website.
At the same time, ENDESA guarantees that the contents, including those of intellectual property, are not illegal and do not contravene any current legislation. Therefore, the Website contents will never be of a xenophobia, pornographic, discriminating, or racist nature or any other way that might encourage violence. In addition, ENDESA will adopt all legal measures that might be considered relevant to prevent any type of conduct contrary to the Law or moral ethics.
6. Exclusion of guarantees and responsibilities
With regards to the exclusion of guarantees and responsibilities, ENDESA will not be held responsible for the following:
Damages and prejudice of any nature that may be due to the products or services provided or offered by third parties or entities by means of the website, and particularly due to: a) any non-compliance with the Law, moral and generally accepted good practice, as well as public order, or the use of products and/or services provided non-diligently or incorrectly, or with purposes or effects that may be illegal or contrary to that laid down in these general conditions or in the applicable conditions. b) the infringement of industrial and intellectual property rights. c) the infringement of professional secrecy. d) the infringement of the rights to honour, personal and family intimacy and personal image, and those relative to the protection of infancy and youth. e) the carrying out of unfair competition actions. f) the carrying out of illegal advertising or actions that may be a criminal offence or of a pornographic nature. g) the illegal or lack of truth, exactness, reliability, pertinence, current issues and completeness of the contents and information transmitted or made available to the users, including the information and services offered by third parties to the users by means of the website. h) the non-compliance or faulty compliance or termination for any reason of the contracts held with third parties with regards to the provision or services by means of the website. i) the incapacity of any user or identity theft of a third person carried out by the user. ENDESA will only be responsible for its own services and contents directly originated by the same and identified with its Copyright as a trademark or intellectual or industrial property of ENDESA.
The damages and prejudice of any nature that may be due to the knowledge of unauthorised third parties of the type, conditions, characteristics and circumstances of the use given to the website by the users and of the services provided by the same.
The damages and prejudice of any nature that may be due to the existence of errors in the access of use of the Web page, as well as in the access or use of its services or content, even with undertaking to prevent the same, update or amend said content. That is to say, the responsibility for the lack of availability or continuity of the operation of the Web and its services is excluded, as well as those due to failure in the access to the various Web pages or those from which the services are provided.
The damages and prejudice of any nature that may be caused to the information included in the Website, to those sent by this Website via hypertext links. The purpose of these links included in the page is for information purposes only, ENDESA not being responsible in any event for the result you may attempt to obtain by accessing the mentioned links. Therefore, ENDESA will not be held responsible for: a) availability, accessibility and operation or continuity of the linked sites. b) the quality, legality, reliability, utility, veracity, validity, completeness and/or authenticity of the contents existing in the linked sites. c) the maintenance, provision or transmission or the contents existing in the linked sites.
The damages and prejudice of any nature that may be due to the existence of a virus in the IT system, electronic documents or files of the users. In the same way, those due to the presence of virus in the services provided by third parties by means of the website, causing alterations in the IT system, electronic documents or files of the users.
Under no circumstances whatsoever, including negligence, loss of business, loss of use, consequential loss, loss of data, by indirect, secondary, special or consequent damages that may result from the access or use of the Website services, or which may be within the scope of the same in another way.
The damages and prejudice that may be derived from the knowledge that unauthorised third parties may have of the class, conditions, characteristics and circumstances of access and use that the users make of the Website and of the information and services, as well as the compliance by the users with their obligations with regards to personal details.
With regards to the limitation of responsibilities, ENDESA rejects all the guarantees with regards to the express, implicit or compulsory website services, including, but not limited to, the implicit guarantees of the commercialisation and adaptation to the specific purposes and the compulsory guarantees for protection against non-compliance.
ENDESA may use the "cookies" and "logs" when the users surf the website pages although in order to access and use the same the installation of cookies is not necessary. The cookies are only associated with your computer but do not provide data that may allow discovering the user name, nor can read parts of the computer hard drive or detect cookies created by third parties, but allow ENDESA recognise the user once registered without the user having to register every time he/she visits the website in order to access the information and services reserved exclusively for the registered users. The user has the possibility of configuring his/her browser, in accordance with the applicable instructions and manuals in order to be notified on the screen of the reception of cookies and to prevent the installation of cookies on the hard drive.
8. Duration and termination
The access and use of the website initially have an indefinite duration. Notwithstanding the above, ENDESA reserves the right to terminate or cancel the access and use of the website at any time. When reasonably possible, ENDESA will previously inform of the termination or cancellation of the access and/or use of the website.
9. Compensation of the user
The user undertakes to expressly compensate ENDESA and the other companies of its group, employees, administrators, agents, information or services suppliers and licensors, whatever damages and prejudices (including legal fees and costs) derived from any non-compliance of the user with these general conditions or applicable specific conditions, as well as to cooperate with ENDESA in the defence of its interests in the event that any claim is submitted or any legal or administrative procedure is commenced or started or invoked for such a reason. At the same time, the user undertakes to make every effort to prevent, or when applicable, mitigate any harmful and prejudicial effects that may be caused to ENDESA, S.A.
10. Applicable legislation and jurisdiction
All the conditions laid down will be regulated by the Spanish Law. ENDESA and the user, with express waiver of any other corresponding rights, agree to resolution by the Tribunals and Courts of the domicile of the user for any controversy that may arise from the provision of the services subject to these general conditions. In the event that the user has its domicile outside the Spanish Territory, ENDESA and the user undertake, with express waiver of any other corresponding rights, to agree to resolution by the Courts and Tribunals of Madrid (Spain).
© Copyright 2001 Endesa, S.A. Total or partial reproduction is strictly forbidden. All rights reserved.
III.- PROTECTION OF PERSONAL DATA
1. DATA Protection Policy
ENDESA guarantees compliance with the Organic Act 15/1999, dated the 13th of December on the Protection of Personal Details. The objective of this act is to ensure and protect, insofar as personal data protection is concerned, the public freedom and fundamental rights of private persons, and especially of their honour and personal and family intimacy. In short, it deals with protecting the fundamental rights of the individual, and specifically, those included in Article 18 of the Spanish Constitution.
Since the coming into force of the mentioned Act, we can state that the storage and treatment of the personal data by ENDESA fully complies with the regulations and subsequently, submit to all the principles, recommendations and requirements included in said Act.
ENDESA reserves the right to modify its data protection policy at any time, with the objective of adapting the same to any new legislation that may arise, and comply, in this way, with the same. In this respect, it is necessary to indicate that the website users will be duly informed of any changes that said policy may undergo, with sufficient prior notice to when the same comes into force.
2. Collection, Purpose and Treatment
By means of different Web pages, ENDESA makes available to all users a wide catalogue of services with the intention of effectively satisfying the real needs of the same. In order to request these services, the users must be registered in the links of the various websites where said services are explained and published, providing the personal data that may be required. Once this is carried out, the users will be considered as being REGISTERED USERS.
The users must be aware of the fact that in each of the links of the different web pages where ENDESA provides its services there is a specific legal notice with the objective of suitably informing the user, as well as requesting the user's consent in order to process the personal details provided when requesting said service. It is also advisable to inform the users that in order to request services it is necessary and compulsory to provide certain personal details, the option of filling out those which do not have said consideration is open to the user. This is so because ENDESA attempts to ensure the correct provision of the service required at all times. It is also necessary to indicate that the data provided in the forms should be truthful and that their treatment, whether automated or manual, is essential for the provision of the service required.
ENDESA informs the users that certain personal details collected by means of the forms are included in the files duly declared to the Spanish Data Protection Agency but that, at the same time, there are other personal details that are solely collected for the provision of the service required, and therefore, given their temporary nature and once their purpose is achieved, these are deleted in compliance with all the legal guarantees.
By means of the various ENDESA websites, the user details may be collected for the sending of advertising or of that of third parties and commercial offers from the Endesa Group companies and third parties with which cooperation agreements are established on products and services related to the supply of energy, telecommunications and Internet, and financial and insurance services and equipment and assistance at home in the terms and conditions included in each Website.
3. Security Measures
With the objective of making its Personal Details Protection Policy effective, ENDESA has adopted security measures of a technical and organisational nature required by the current legislation with regards to the protection of personal data. For this all the necessary resources and mechanisms have been established to prevent any alteration, loss, misuse, unauthorised treatment and access or theft of the same in view of the current level of technology. However, it should be born in mind that Internet resources, given their nature and global character, are not unassailable.
4. Provision of Personal Details
- Provision of details to Group Companies ENDESA informs its users that the personal details collected may be provided to other companies in the Group* (understanding by the word "Group" that laid down in article 4 of the Stock Exchange Act), to participated companies making up said Group, or others with which the Group companies have cooperation agreements, for compliance with the purposes described in the previous point number 2.
- Provision of details to Third Parties With regards to the provision of the personal details to third parties, the users are notified that in general the personal details shall not be given to third parties with the exception of those cases in which the provision is due to compliance with a legal obligation to do so, or also in those cases when there is a contractual treatment agreement relationship for the provision of a certain service. In any event the users should be aware that in the case of there being a provision of this type, the same will only be carried out when express consent by the users has been obtained.
5. User rights
The Organic Act 15/1999, dated the 13th of December, on the Protection of Personal Details grants those interested the possibility of exercising a series or rights that allow them to actually and effectively guarantee and protect their rights to their honour and personal and family intimacy.
In order to meet this objective, the webpage users are legally allowed to exercise their rights to access, rectify, cancel or oppose the same as included in the legal regulations on the protection of personal details.
The exercise of these rights consists of sending a written signed request to the postal address included at the beginning of this legal notice or in the specific notices included in the personal details collection forms of the webpage. In each specific legal notice the following information is specified: name and surname of the user, address for notifications, photocopy of the National Identity Card and requests that are stated in the application.
* The users may check the companies making up Grupo Endesa in the information provided by means of the following link: http://www.endesa.com/es/conoceendesa/nuestraestrategia/SociedadesdeENDESA