I. GENERAL INFORMATION
General information in compliance with Article 10 of Act 34/2002 of 11 July on the Information Society and Electronic Commerce services.
Registered name of the information society service provider: Endesa, Sociedad Anónima
Registered office: Ribera del Loira, 60. 28042 Madrid
Details of registration in the Madrid Mercantile Registry: Volume 323, Sheet 1, Page 6405.
Tax identification number (NIF): A - 28/023430
Email address: endesacomunicacion@Endesa.es
In light of the judgment of 13 May 2003 handed down by the European Court of Justice, the Spanish government, through Act 62/2003 of 30 December on tax, administrative, labour and social security measures, amended the legal regime provided in Act 5/1995 of 23 March governing the disposal of public shareholdings in certain undertakings and Royal Decree 929/1998 of 14 May, which defined the application of the legal regime to Endesa, S.A. and certain companies of its Group.
There were two important changes. The first entailed the elimination of the system of prior administrative approval, replacing this with one of administrative involvement after the act or adoption of the resolution subject to disclosure. However, no such act or resolution may take effect while under review. The second is that the new law allows the government to oppose the act or resolution disclosed only where it detects significant risks or negative effects, direct or indirect, on the business carried out by the companies, in order ensure that the services are managed and provided appropriately, in accordance with certain objective criteria set out in the legislation.
Similarly, the legal framework narrows the scope of entities and subject matter to which the disclosure regime applies with respect to the previous system. Specifically, the disclosure regime established in this law applies particularly to corporate acts and resolutions taking effect in the Spanish market to acquire, directly or indirectly, shares of Endesa, S.A., Endesa Generación, S.A. and Endesa Distribución Eléctrica, S.L., as well as other securities, instruments or rights that may give a right, directly or indirectly, to subscribe or acquire such shares, where it results in the ability to call on at least 10% of the share capital of Endesa, S.A. or of the aforementioned subsidiaries. The above notwithstanding, with respect to Endesa, S.A. as a listed company, purely financial acquisitions which are not designed to obtain participation in the control and/or management of Endesa, S.A. are exempt from the disclosure requirements.
Meanwhile, also subject to the regime established in this law are acts and resolutions adopted regarding the disposal or encumbrance, in any manner and by any instrument, of the shares or equity securities held by Endesa, S.A. in Endesa Generación, S.A. and Endesa Distribución Eléctrica, S.L. In this connection, any securities that may give a right, directly or indirectly, to subscribe or acquire such shares are treated as equivalent to shares.
Lastly, corporate resolutions adopted by the aforementioned companies for voluntary dissolution, spin-off or merger need only be disclosed.
Endesa has signed the UN Global Compact, which promotes voluntary action by business in respect of corporate social responsibility by adopting ten universally accepted principles in the areas of human rights, labour and environment.
Endesa has internal Corporate Integrity Rules comprising the Charter Governing Senior Management, the Charter Governing Executives and the Employee Code of Conduct. These rules develop the principles and values of the Company, lay down the criteria governing dealings with customers and suppliers, and establish the principles that should guide employees in their work: ethical conduct, professionalism and confidentiality. They also establish the limitations and incompatibilities deriving from their status as executives and senior executives. All these documents are available on this web page.
II. General terms and conditions of access and use of our website
By using this website, you are considered a user, and hereby accept, fully and without reservation, all of the General Conditions published by Endesa when you access the website, without prejudice to the acceptance of any conditions that are applicable individually. Any unauthorised use of this website is expressly prohibited. Endesa reserves the right to deny or withdraw authorisation of users to access and use this website at any time without prior notification when they fail to comply with these general conditions or any individual conditions that may be applicable.
Endesa reserves the right to modify these terms and conditions, unilaterally and at any time, without prior notification. In such cases, it shall disclose and notify the modification as early as possible. Similarly, Endesa, S.A. reserves the right to modify the presentation and configuration of the website, unilaterally and at any time, without prior notification.
Access to and use of the website
General access to and use of this website is provided free for users and does not require registration. However, access to and use of certain information and services available on the website require prior registration by the user.
The user undertakes to use their username and password diligently and to not make them available to third parties, as well as to notify Endesa, as soon as possible, of the loss, theft or any risk of third-party access to these.
Restrictions of use
By accessing our website, you are expressly authorised to view and make private reproductions of all the information contained therein on your computer systems, provided that this information is for your own use and not subsequently given to third parties. Accordingly,
- you are not authorised to reproduce or copy, distribute, modify, transfer or publicly disclose the information contained in the website without authorisation from the holder of the related rights or unless allowed by law.
- you are not authorised to use the information contained in the website for a direct sale or any other commercial purpose, to send unsolicited messages to multiple persons independently of the purposes thereof, or to commercialise such information in any way.
- you are not authorised to delete, elude or manipulate the copyright or other identifying data as to the rights held by Endesa or other titleholders, or the technical protection devices, digital fingerprints or any other protection mechanisms.
- you are not authorised to ungroup, decompile or revert the databases on which the information of the website is stored.
- you are not authorised to send spam when using or as a result of using the website or the information or services for sale or any other commercial purpose to multiple persons without their prior application and consent, or any other unsolicited or unauthorised messages to multiple persons or unsolicited and unauthorised e-mail chain letters, nor use any distribution lists you may access on the website.
Any infringement of the restrictions contained in the foregoing paragraph will be considered a breach of the intellectual property rights of Endesa, S.A. and will attract the liabilities established to this effect, which may be prosecuted via any related administrative, civil or criminal proceedings.
Ownership of the content
Endesa owns the copyright and intellectual property rights to all information on this website, including images, graphic designs or HTML, JAVA, JAVA script or Active X and other types of code. This company has the exclusive right to exploit these intellectual property rights in any way, particularly the rights of reproduction, distribution, public disclosure and transformation. Endesa neither grants nor transfers, partially or fully, the rights or authorisation to any user in respect of its copyright or intellectual property, or other rights regarding the website.
In addition, Endesa warrants that the content, including the intellectual property, is not illegal and does not infringe on prevailing legislation. Accordingly, the website is not xenophobic, pornographic or racist and does not promote violence in any way. Moreover, Endesa will take the legal measures considered appropriate to prevent any illegal or immoral conduct.
Exclusion of warranties and liability
Regarding the exclusion of warranties and liability, Endesa accepts no responsibility for:
Any loss or damage that may be caused by products or services rendered or offered by third parties or entities through the website, particularly from:
- violation of the law, morals and proper conduct, as well as public order, or the negligent or incorrect use of the products and/or services offered or their use for purposes that are illegal or infringe the general conditions or on any applicable conditions;
- violation of copyright and intellectual property rights;
- violation of corporate secrets;
- violation of rights of honour, personal and family privacy and image of individuals, and rights to child protection;
- any acts of unfair competition;
- any illegal advertising or criminal or pornographic acts;
- the unlawfulness or lack of truthfulness, accuracy, reliability, relevance, validity and completeness of the content and information transmitted or made available to users, including the information and services provided by third parties or users through the website;
- non-compliance, incorrect compliance or cancellation for any reason of the agreements with third parties for the rendering of the services on the website;
- the incapacity of any user or the identify theft of a third party by the user.
Endesa only accepts liability for the services and contents it provides directly and which is identified with its Copyright as being a trademark of intellectual or industrial property of Endesa.
- Any loss or damage of any kind that may be caused by unauthorised third-party knowledge of the type, conditions, features and circumstances of the use made by users of the website and the services offered.
- Any loss or damage of any kind caused by errors in the use of or access to its website or its services or content, although Endesa undertakes to prevent this, update the website and correct any errors in its content. In other words, Endesa will not be liable for the availability and continued operation of this website and the related services, or failures in access to the various web pages or those from which the services are provided.
- Any loss or damage caused by information contained on its site which may be sent through hypertext or links. Links on this website are provided solely for informational purposes. Endesa takes no responsibility for any result you obtain by accessing these links. Accordingly, Endesa accepts no responsibility for: a) the availability, accessibility, operation or continuity of linked sites; b) the quality, legality, reliability, usefulness truthfulness, validity, completeness and/or authenticity of the content on linked sites; c) the maintenance, provision or transmission of the content existing on linked sites.
- Any loss or damage arising from any computer virus, electronic documents or user files from users. Similarly, Endesa is not liable for any alterations in users’ computer systems, electronic documents or files caused by viruses in third-party services provided on the website.
- Endesa will not be liable to you, whether for negligence, loss of business opportunity, loss of use, loss of profit, loss of data, indirect, secondary or special loss or damage caused by access to or use of the website services, or services within its scope.
- Any loss or damage that may arise from any unauthorised third parties’ knowledge of the type, conditions, features and circumstances of access and use that users make of the website and the information and services provided, or users’ breach of their obligations regarding personal information.
Regarding the limitation of liabilities, Endesa disclaims all warranties as to the website services, be they express, implied or mandatory, including but not limited to, implied warranties of merchantability, fitness for a specific purpose or compulsory warranties of protection against infringement.
Term and termination
In principle, access to and use of the website is for an indefinite period. However, Endesa reserves the right to terminate or suspend access to and use of the website at any time. Where reasonably possible, Endesa will provide prior notification of the termination or suspension of access and/or use of the website.
Indemnity by the user
The user undertakes expressly to indemnify Endesa and the rest of the companies of its group, administrators, agents, information or services providers, or licensors, for any loss or damage (including lawyers’ fees and expenses) for breach of these general conditions or applicable individual conditions, as appropriate, as well as to cooperate with Endesa in the defence of its interests in the event of any claim submitted or legal or administrative proceeding initiated or invoked for this reason. In addition, the user undertakes to endeavour to prevent or, as appropriate, mitigate the potential losses or damages this could have for Endesa, S.A.
Applicable legislation and jurisdiction
All these conditions are governed by Spanish law. Endesa and the user expressly waive any jurisdiction applicable to them and agree to submit to the courts of the location of the user in respect of any disputes regarding the services covered by these general terms and conditions. If the user’s domicile is outside Spanish territory, Endesa and the user expressly waive any jurisdiction applicable to them and agree to submit to the jurisdiction of the Madrid (Spain) courts.
© Copyright 2010 Endesa, S.A. Full or partial reproduction prohibited. All rights reserved.
III. PERSONAL DATA PROTECTION
Data protection policy
Endesa warrants compliance with Organic Law 15/1999, of 13 December, governing the protection of personal data. This law is intended to guarantee and protect the public liberties and fundamental rights of natural persons, and in particular their personal privacy and the privacy of their families, with regard to the processing of personal data. In short, it aims to protect the fundamental rights of individuals and, specifically, those set out in Article 18 of the Spanish Constitution.
Since this law was enacted, Endesa affirms that it complies with the legislation with respect to all personal data stored and processed and, accordingly, the principles, recommendations and requirements set forth therein.
Endesa reserves the right to modify its Data Protection Policy at any time in order to adapt to and comply with any new legislation. In this respect, users of this website will be duly informed of any changes in this policy with sufficient notice before they take effect.
Collection, purpose and processing
Via its web pages, Endesa makes a broad catalogue of services available to users to meet their real needs effectively. To apply for these services, users must register using the links provided on the various web pages where such services are explained and published and provide any personal data required. Once this is done, users will become REGISTERED USERS.
Users should be aware that there is a specific legal notice on each of links on the various web pages on which Endesa offers services, providing them with the appropriate information and seeking their authorisation to process the personal data provided upon requesting the related service.
Users should also be aware that in order to request services, they are required to provide certain personal details, but may choose not to provide other voluntary information. This is because Endesa aims to guarantee that the service requested is provided correctly at all times. The data provided in the forms must be truthful. Its processing, automated or manual, is essential for the provision of the service requested.
Endesa notifies all users that certain personal data collected through the forms are included in files that are duly declared to the Spanish Data Protection Agency. However, other personal data are collected solely for the purpose of providing the requested service. Therefore, given the temporary nature of this information once this purpose is achieved, the information is deleted, in compliance with all statutory safeguards.
User data may be collected on the various Endesa web pages and used for proprietary or third-party advertising or commercial offers of Endesa Group and third-party companies with which partnership agreements are entered into for products and services related to the supply of energy, telecommunications and internet, financial services and insurance, and household equipment and assistance under the terms and conditions provided on each web page.
In order to ensure an efficient Data Protection Policy, Endesa has adopted various technical and organisational security measures as stipulated in prevailing legislation. To this end it has adopted the necessary measures and mechanisms to avoid the alteration, loss, misuse, unauthorised processing or access or theft of any personal data, having regard to the state of the art. Notwithstanding the above, it should be noted that, given the global nature and characteristics of the internet, these measures are not entirely impenetrable.
Transfer of personal data
Transfer of data to Group companies
Endesa hereby informs all users that personal data submitted may be transferred to other companies of the Group* (as defined in article 4 of the Securities Markets Act), Group holdings or any other third parties with whom Group companies have cooperation agreements, in order to comply with the purposes described in point 2 above.
Transfer of data to third parties
As a general rule, personal data will not be transferred to third parties except when this is necessary to comply with a legal obligation or where a contractual relationship for data processing is in place for the purposes of providing a specific service. In any event, users should know that in the event of this type of transfer, the transfer shall only be made after receiving express consent by the user.
Organic Law 15/1999, of 13 December, governing the protection of personal data, gives interested parties a number of rights enabling them effectively to protect their right to honour and personal and family privacy.
To this end, online users may exercise their rights of access, rectification, erasure and objection as stipulated in prevailing data protection legislation.
To exercise these rights, used must send a signed and written request to the postal address appearing in the heading of this legal notice. The following information must be included: user’s full name, address, photocopy of national identity card and request.
* Users may consult the companies comprising the Endesa Group in the information provided through the following link: http://emnwpw001des/en/aboutEndesa/businessLines/Paginas/ENDESACompanies.aspx