Privacy Notice

Privacy Notice

The Final User understands and accepts that the Privacy and Legal Notice herein, is written in Spanish and English language, being binding for all legal effects the Spanish version in case of conflict.

 

All words with capital letter shall have the meaning ascribed in the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (“LFPDPPP”) (“LFPDPPP”).

 

In accordance with the LFPDPPP, its regulation and this Privacy Notice, ENEL is empowered to provide the treatment it conceives is adequate to the Personal Data, provided that this treatment is performed in regard to the purposes herein intended and/or what the contractual relationship is and/or by legal authority and/or by the LFPDPPP itself; in the understanding that ENEL is responsible for granting the security, confidentiality and secrecy for all of the Owners’ Personal Data. 

 

TABLE OF CONTENTS

ABOUT THE IDENTITY AND DOMICILE OF THE RESPONSIBLE ENTITY

ABOUT THE PERSONAL DATA THAT WILL BE SUBJECECTED TO TREATMENT

ABOUT THE SENSITIVE PERSONAL DATA

ABOUT THE USE OF YOUR DATA

Primary Purpose

Secondary Purpose

ABOUT THE TREATMENT OF THE DATA AND YOUR REFUSAL

ABOUT EXERCISING THE ARCO RIGHTS

ABOUT OTHER MEANS TO LIMIT THE USE OR DISCLOSURE OF THE DATA

ABOUT COMMUNICATION MECHANISMS

ABOUT THE REMOTE MEDIA

ABOUT THE AMENDMENTS TO THE PRIVACY NOTICE

ABOUT THE PROTECTION

AUTHORITY

Energía Nueva Energía Limpia México, S. de R.L. de C.V. and/or of any affiliate and/or subsidiary and/or holding and/or companies with the same economic interest and/or companies related directly or indirectly to each other by their shareholders and/or the Entity in Charge appointed by the Responsible Entity (hereinafter “ENEL” and or the “Responsible Entity”) in compliance with the provisions in the LFPDPPP and with the purpose of bringing to the attention of the Owners, the fact that the Personal Data and/or the Sensitive Personal Data, which currently and/or in the future is kept in the Database, shall be treated and/or used by ENEL and/or those third parties which due to the nature of their jobs or duties and/or their contractual obligations need to handle and/or use and/or store their Personal Data, with the sole purpose of complying the provisions resulting from the Privacy Notice, the applicable law and/or the requirements of any authority and/or Policies of ENEL and/or an existing legal relationship.

I. ABOUT THE IDENTITY AND THE DOMICILE OF THE RESPONSIBLE ENTITY. This document is the Privacy Notice of ENEL, who will be responsible for treating the personal data that you (the "Owner" or “User”) provide us with, know/collect (by any means), which we have or is stored in the Database. For the purposes set forth in this Privacy Notice, the Responsible Entity states as its address the one located at Miguel de Cervantes Saavedra 193 4th Floor, Colonia Granada, C.P. 11520, Mexico, Mexico City.

II. ABOUT THE PERSONAL DATA THAT WILL BE SUBJECTED TO TREATMENT. The Personal Data and/or Sensitive Personal Data and/or Financial/Estate Data, in accordance with the provisions in the LFPDPPP, in a non-taxable manner shall be: (i) name(s), paternal surname and maternal surname and/or business name; (ii) address; (iii) e-mail; (iv) telephone and mobile number; (v) photographs; (vi) information about academic degrees and education; (vii) employment and education history; (viii) legal and financial information; (ix) personal opinions or replicated third parties opinions; (x) materials, drawings, susceptible to copyright and/or intellectual and/or industrial property and/or Patents and/or Trade Secrets l; (xi) labor claims; (xii) social networks; (xiii) health status due to studies performed; (xiv) nationality; (xv) trade union (xvi) Federal Taxpayer Registration, Social Security number, credit number and/or registration at the Infonavit; (xvi) participation in trade unions, permits (number of members) and participation in strikes; (xvii) information regarding work accidents and sensitive information resulting from medical examinations performed at request; (xviii) information for the identification through visual or audio media; (xix) legal/financial information to create new legal relationships; (xx) technical-economic information about products and/or services; and (xxi) information regarding your shareholders and articles of association (the "Data").

III. ABOUT SENSITIVE PERSONAL DATA. The Responsible Entity commits itself to the fact that the Sensitive Personal Data provided to it, about which it learns and/or stores; shall in no way be subject to an improper use, which may lead to discrimination or may pretend a serious risk to the Owner. The Owner commits himself not to provide to the Responsible Entity any information related to his racial or ethnic origin, present or future health status, genetic information, information about religious, philosophical and/or moral beliefs, union membership, political opinions and/or sexual preference.    

IV. ABOUT THE USE OF YOUR DATA. Your Data shall be mainly treated for the following purposes and/or for purposes analogous/inherent to their nature:

a)     Primary Purpose: (i) Compliance with rights and obligations resulting from the nature of the legal relationship; (ii) Exchange of information and publication as well;  (iii) To learn for statistical and prevention purposes in regard to the subject of social security, as well as the development of management, professional career planning, compensation, intra-group mobility and training; (iv) Store, make known, publish, reproduce, modify, if applicable, create different projects on the basis of the data, distribute and promote information and/or images and/or links and/or other types of materials (i.e. partial or integral projects); (v) prevention of work accidents and information about how to prevent work accidents; (vi) Inform about the planning of human resources and the optimization of the contractual relationship; (vii) Learn about and make decisions according to the purposes and subject to the Federal Labor Law; (viii) For the purpose of storage and consultation (Database), it is possible that ENEL will submit all or just a part of the Data to third parties, who may be individuals or legal entities, domestic or foreign, affiliate or subsidiary companies, including suppliers of goods or services who may need to know this information, including information storage servers, who will be obligated, by contract, to maintain the confidentiality of the Data according to the terms provided for in the contract they sign with the Responsible Entity or the Entity in Charge and subject to the LFPDPPP and its regulation, (ix) to learn about prices, technical, physical, special characteristics and services and/or products that provide/advertise/promote/market; and (x) Assess and determine based upon the Data if a legal relationship should or should not be established.

b)     Secondary Purpose: (i) To ensure an efficient service and to give better assistance to the Owner, as well as to improve the experience while using certain products and/or services; (ii) Send and submit goods and/or services that may be relevant or appealing, including his participation in promotions, offers and advertising campaign, carried out by ourselves or by third parties; (iii) Inform about changes or new products or services we feel may be of interest to him; (iv) Comply with legal obligations; (v) Evaluate the quality of the service or carry out internal research in regard to usage habits for the site and the consumption of the service; (vi) Offer goods or services; and (vii) compose queries or surveys through any medium. 

V. ABOUT THE TREATMENT OF THE DATA AND YOUR REFUSAL. In order to be able to comply with the purposes of this notice, as well as to be able to treat the Data, it is possible that the Responsible Entity submits all or a portion of the Data to third parties, who may be individuals or legal entities, domestic or foreign, affiliate or subsidiary companies, including suppliers of goods or services, who may need to know this information, including information storage servers, who shall be committed, by contract, to maintain the confidentiality of the Data in accordance with this document and LFPDPPP. Third party receivers may be, including, but not limited to, industrial and commercial companies and/or service provides.

The Responsible Entity is empowered to treat Data in the most appropriate way, provided that this treatment is performed according to the purposes set forth in this document and/or the law, and/or a requirement of the authority, and/or due to the nature of the legal relationship; the Responsible Entity may execute that treatment until he receives a refusal from the Owner.  

In order for the Owner to be able to manifest his refusal or to revoke his consent for the treatment of his personal data, he must contact the Responsible Entity in accordance with the procedure established for the exercise of the ARCO Rights (term which is defined further on), indicated in Section VI of this notice.

VI. ABOUT EXERCISING THE ARCO RIGHTS. The Owner shall have the right to request at any time, from the Responsible Entity, his access, correction, cancellation or opposition in regard to his Data (the "ARCO RIGHTS"), for which purpose he must submit a request to the Responsible Entity, addressed to the Department of Institutional Relations and Internal Communication, to the attention of Nathaly Soto, at the following email address nathaly.soto@enel.com or by calling us at the following telephone number: +52 (55) 5083-0310.

The request to exercise the ARCO Rights, or to revoke the consent for the treatment of the Data, must contain and include the following: (i) the name, paternal surname and maternal surname of the Owner; (ii) his address and/or email and/or any other medium by means of which we can inform him about the answer to his request; (iii) the official documents accrediting the identity, or, if applicable, the legal representation of the Owner; (iv) the clear and precise description of the data regarding which the Owner tries to exercise any of the aforementioned rights; and (v) any other item or document that facilitates the localization of the Owner’s Data. 

Once the Responsible Entity has received the written document sent by the Owner in regard to exercising his ARCO Rights, the Responsible Entity, must within the following seven working days, analyze, take care and send the corresponding answer to the Owner. The means by which the answer may be sent is according to the instructions of the Owner, or by using the same means by which the Owner sent his written document to the Responsible Entity.

VII. ABOUT OTHER MEANS TO LIMIT THE USE OR DISCLOSURE OF THE DATA. To limit the treatment given to the Data, the Responsible Entity will only have the means set forth in this Privacy Notice.

VIII. ABOUT COMMUNICATION MECHANISMS. Any communication the Owner sends to the Responsible Entity in regard to this Privacy Notice, must be sent to the addresses provided for the exercise of the ARCO Rights, clearly and precisely mentioning: (i) the name, paternal surname and maternal surname of the Owner; (ii) his address and/or email and/or any other medium by means of which we can inform him about the answer to his request; (iii) the official documents accrediting the identity, or, if applicable, the legal representation of the Owner; and (iv) (iv) the clear and precise description of the subject matter of the communication.

Likewise, the Responsible Entity shall take care and answer any communication addressed to him within the seven working days following the receipt of this written communication, either in the same manner as the communication was sent o in the manner suggested by the Owner.

IX. ABOUT THE REMOTE MEDIA. In the event the Owner submits his Data through electronic media, including the Responsible Entity’s website, the Owner understands, accepts and acknowledges that: 

a)     The Responsible Entity’s website can include links to the websites of third parties, which if accessed, may cause the person to abandon the Responsible Party’s website, for which reason the Responsible Entity assumes no responsibility or liability in regard to these third party websites.

b)     The Responsible Entity’s website can include links to sites that manage social networks, in which case the Owner accepts that by providing any type of information or Data on those sites, he will allow that the same may be read, visited, accessed, retransmitted and treated by any person, for which reason he frees the Responsible Entity from any responsibility or liability.   

c)     It may be possible that the Responsible Entity’s systems collect Data from the Owner such as the type of browser, the operating system, visited Internet pages, IP address, etc., through "cookies", among others.

In order for the Owner to be able to disable these programs, he must Access “internet options” located in the “tools, “configuration” section, or similar features, in the browser he uses.

X. ABOUT THE AMENDMENTS TO THE PRIVACY NOTICE. The Responsible Entity can amend this Privacy Notice as many times as it deems necessary, in order to maintain congruence with the applicable legal regulations, at the request of the competent authorities and/or what best suits its interests. Even if the Responsible Entity changes its identity (i.e. through a merger, split and/or sale and purchase of shares or equity interest, among others), requires that the Owner provides more information than was mentioned herein, the purpose of this notice is modified and/or the transfer conditions are changed, the Owner agrees and acknowledges that the manner in which any amendment to this notice is notified shall be through a publication on the internet page where this notice is published or, if applicable, through a notice made available to the Owners. The Owner is responsible for regularly visiting the webpage in its corresponding section in order to check the most recent version of the notice; as this will be taken into account for the purposes of the LFPDPPP as a notice that the provision was made available in the Privacy Notice. In those cases in which the consent of the Owner is needed in regard to the amendments made to this notice, the Responsible Entity shall send the corresponding notice to any of the means of contact provided by the Owner; it shall be understood that the Owner accepts said amendment until such time when we receive any communication to the contrary (i.e. an express opposition) through the means established for this purpose or just by using the webpage, notwithstanding it may only be through the screen.

XI. ABOUT THE PROTECTION. The safety and the confidentiality of the data provided by the users and/or the simple use of the page in a screen mode, will be protected by a secure server.

XII. AUTHORITY. If you feel your rights in regard to the protection of your personal data have been contravened, you have the right to contact the Federal Institute of Access to Public Information and the Protection of Data (IFAI) at www.i0fai.mx