Legal notice of EDP Spain social media | EDP España

LEGAL NOTICE

1.- IDENTIFICATION:

• Holder: EDP SPAIN, S.A. (henceforth “EDP” and/or “Holder”)
• C.I.F.: A-33473752
• Head office: Oviedo, Plaza del Fresno 2 (33007 – Asturias)
• Registration data: Commercial Registry of Asturias, Page AS-14614
• URL: es.edp.com
• Phone number: 902 830 100
• E-mail: comunicacion@edpenergia.es

2.- PURPOSE AND AREA OF APPLICATION:

The present Legal Notice regulates the access, interaction and follow of users regarding the user profile of EDP in social media used by EDP (henceforth, “The Profile”), notwithstanding the fact that the Holder reserves the right to modify the presentation, configuration and content posted in it, as well as the conditions required for its access and/or interaction.

Changes to the terms and conditions of this Legal Notice will be published in the same form in which this Legal Notice appears, or, in its case, through any type of communication aimed to users. Access to EDP’s profile and interaction with it after the launching of its modifications or changes entail their acceptation on the part of the user accessing and/or interacting.

Nevertheless, the access to certain contents and the use of certain services, as well as the participation in certain promotions, contests or events, may be submitted to specific conditions or particular Legal Basis, that will be, in any case, clearly exposed and properly informed to users. These conditions or particular Legal Basis may substitute, complete, or in its case, modify the terms of the present Legal Notice. In case of contradiction, said conditions or particular Legal Basis will prevail.

Access and interaction of the user with EDP’s profile entail that the user accepts in its totality, and agrees to fulfill entirely the present Legal Notice, as well as the instructions or recommendations indicated in each specific case through the Profile.

Access and interaction with the Profile requires the user to be holder of an account in the corresponding social media, being this free, beyond the costs associated to the internet access.

3.- DATA PROTECTION

As set out in the General Data Protection Regulation (EU) 2016/679 – henceforth, GDPR –, the user is informed that through the action of following/subscribing/friending the Profile in the social media by clicking “Follow”, “Add” or “Subscribe”, he provides free, specific and unequivocal consent for the treatment of his personal data by EDP, as responsible for the processing, with the sole purpose of the management of the relationship and communication of the use of social networks.

Likewise, all solicited personal data are optional, except the registration itself, that will be regulated at all times by what is explicitly established in the terms of conditions and the privacy policy of the mentioned social media. However, it is possible that, depending on the enquiry or interaction that the user wishes to achieve with EDP, if the user does not provide certain solicited data, EDP will not be able to give an answer. In that case, it will always be indicated when it is essential to provide personal data.

Additionally, the holder of the data is informed that his personal data may be communicated to the corresponding entity of the Group EDP, if this communication was needed in order to manage the enquiry or interaction, if it was strictly needed, and with that only purpose.

Likewise, EDP informs that the personal data provided by the individual concerned, will be kept during the periods that are needed to give an answer to the petition, request or enquiry, and possibly extending the conservation during the period needed to fulfill the legal obligations of the conservation of information and, at most, during the limitation period of pertinent legal actions. Data should be blocked during the mentioned limitation period. After this, data will be eliminated.

The holder of the data may withdraw anytime his consent, given for the treatment of his data through the corresponding social media. Regarding this aspect, it is important to consider that, if the user stops following EDP in a social media, but remains as follower of the profile in other social media, EDP will continue to keep the treatment of the personal data available through said social media, by virtue of the initial consent given through that social media.

The holder of the data may exercise his rights to access, rectification, suppression, opposition, limitation and portability in the legally established terms, by communicating it in writing to EDP Spain, S.A., to the following address: Canal de Comunicación LOPD, Plaza del Fresno, nº 2, 33007, Oviedo. Likewise, he may exercise said rights by sending an e-mail with his personal data to comunicacionesrgpd@edpenergia.es indicating the reference “RRSS”. In both cases, a photocopy of the personal ID from the holder, or a document that certifies his identity should be attached.

Likewise, he may get in contact with the Data Protection Officer of EDP Spain, S.A., to the following address: Plaza del Fresno, 2, 33007 Oviedo, or to the following e-mail dpd@energia.es, in the event that he believes that any of his rights related to data protection have been violated, or, when applicable, submit a complaint to the Spanish Agency of Data Protection, to the address Calle de Jorge Juan, 6, 28001 Madrid. 

4.- INTELECTUAL AND INDUSTRIAL PROPRIETY RIGHTS

4.1. Content rights

EDP is holder, or in its case, counts with the pertinent licenses of the exploitation rights of intellectual and industrial propriety that are to be found in your profile, as well as all contents offered in it, including without limitation texts, photographs or illustrations, logos, brands, graphisms, designs, interfaces or any other information or content, and the services available on the Profile.

4.2. Profile rights

In no case will the interaction of the user with EDP’s Profile and/or any of its content be understood as

In no case shall user interaction with the EDP Profile and/or with any of its contents by the user be understood to imply a waiver, transmission, license or total or partial transfer of said rights by EDP.

References to registered brands or trade names, or other distinctive signs, imply the prohibition of their use without EDP’s or their legitime holder’s consent. Under no circumstances, unless expressly stated otherwise, the interaction of the user with the Profile and/or any of its content confers the user any right over the distinctive signs that it includes.

All intellectual and industrial propriety rights over the Profile’s contents are reserved, and, specifically, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the totality or part of the contents included therein, for public or commercial purposes, if there is no prior, explicit, written authorization from EDP, when applicable, from the holder of the pertinent rights.

Likewise, it is forbidden to delete or manipulate any copyright indications or other credits, incorporated in any form, that identify the copyright holders of the Profile’s contents.

In the event that the user sends information to EDP through any of the media enabled for communications between users in the social media, the user declares, ensures and accepts, that he/she has the right to do it freely, that said information does not infringe any intellectual, industrial property rights, trade secrets, or any other third-party-rights, and that said information is not of confidential nature, nor detrimental for third parties.

The user accepts to take responsibility, releasing EDP from liabilities for any communication that he/she provides personally or in his/her behalf, such responsibility covering without restriction the accuracy, legality, originality and ownership of the same.

If the user became aware of the existence of any illicit, illegal content, that may entail the infraction of the rights to intellectual and/or industrial property, he/she should notify it immediately to EDP through the e-mail address comunicacion@edpenergia.es, so that this could take the appropriate measures.

5.-LINKS:

5.1. Links to other websites

In case that links to other websites, external to EDP, were shown in the Profile through different links, embedded content, etc., EDP informs that these would be directly managed by third parties. EDP does not have neither the capacity, nor the human or technical means to know in advance and/or control and/or approve all information, contents, products or services provided by other platforms, to which links may be established from the Profile.

Consequently, EDP cannot assume any type of responsibility for any aspect relating to any platform or website external to EDP, to which a link may be established from the Profile, specifically, but not limited to, its functioning, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this event, if users had actual knowledge that the activities developed through these third-party websites are illegal or defy the moral and/or public order, they shall immediately notify EDP so that the link to them may be disabled.

In any case, the establishment of any type of link from the Profile to another external website will not imply the existence of any type of relationship, collaboration or dependence between EDP and the responsible of said outside website.

Given that EDP has no control over the content in these external websites, the user acknowledges and accepts that EDP does not assume any responsibility for the contents or of the services that the user may get access to through said websites, nor for any content, product, service, advertising, or any other material available in them. For this reason, the user should take extreme precautions in the valuation and use of information, contents and services in the linked channels, and in the the own or the third-party information that he/she shares in said channels.

5.2. Links to the Profile from other platforms and websites or social media

EDP may make available to users, through different tools and apps, specifically banners as transmission media, that allow users to access the Profile from different websites or even banners in other social media.

The only goal of the inclusion of these links is to facilitate the users’ access to the Profile.

EDP may make available to users, through different tools and applications, in particular banners as a means of links that allow users to access the Profile from different websites or even banners on other social networks.

The establishment of these links does not imply the existence of any relationship between EDP and the holder, manufacturer or distributor of the platform where the link is found, nor the acceptation and approval of its contents and/or services by EDP, being the holder, manufacturer or distributor the only one responsible for them.

Access to the Profile through these links may entail the identification and authentication of the user (login/password) in the corresponding social media, circumstance that is beyond EDP’s control in any case. When accessing said media, the user would be registering in an environment not controlled by EDP, and the company will thus assume no responsibility for the security configuration of said environments.

Under no circumstances does EDP share in its Profile any type of private information about its users, as its only goal is the established in the present Legal Notice. In this sense, all information that the user wishes to communicate in social media will be under his/her own responsibility, and EDP will not intervene in the process.

5.3. Links or contents published by users or other websites that they relate to EDP

EDP does not authorize the publication of any link, material, information or contents that are illicit, illegal, degrading, obscene and, in general, against the law, moral or public order, or the social norms generally accepted, and in particular when such links or contents are directed at EDP through the establishment of links to the Profile or to any it’s other channels, nor when the mentioned are associated in any way with EDP by the user.

In any case, links and contents published by users shall fulfill the following conditions: a) they may not reproduce the totality or a part of other websites or contents in any form; b) they will not contain false, inaccurate, or incorrect statements or indications about EDP and/or, in particular, declare or imply that EDP has authorized their publication or has supervised or assumed in any way the contents or services published by the user; c) the website to which it is linked will not contain illicit information or contents, contrary to generally accepted moral and good practices and to public order, nor shall it contain contents contrary to any third-party rights, including intellectual and industrial property rights and/or the right to honor, personal or familiar intimacy and one’s own image, or any other right, or content contrary to the regulation norms of protection of personal data.

EDP has neither the power nor the human or technical means to know, control or approve all information, contents, products or services published by users that mention EDP or link to its channels, including the Profile, and EDP assumes thus no responsibility for such contents, products, information and services.

6.- TERMS OF USE:

The access, use and/or interaction with the Profile with illegal and non-authorized intentions, both with or without economical purposes, are not allowed, and therefore, the consequences will be exclusively the user’s responsibility.

In particular, and without the following list having an absolute nature, it is prohibited:

1. Making use of the Profile to cause damages, interruptions, inefficiencies or flaws in the functioning or in the computer of a third-party.
2. Making use of the Profile to transmit, install or publish any virus, malicious code or other programs or disruptive files.
3. Making use of the Profile or interact with it in a way that entails the violation of EDP’s or a third-party’s rights.
4. Making use of the Profile to transmit or publish any defamatory, offensive, racist, coarse, degrading, pornographic or obscene or threating material, that may cause any discomfort to anyone.
5. Interacting with, using, or accessing the Profile illegally, against the good will, the moral and the public order.
6. Accessing or interacting with the Profile with a fake identity, impersonating someone or using a profile or carrying any other action that may cause confusion about the identity from the message’s origin.
7. Accessing without authorization to any section of the Profile, to other systems or networks connected to it, to any EDP server, by hacking or forgery, password mining or any other illegitimate means;
8. Breach, or attempt to breach, the security or authentication measures of any network connected to the Profile, or the security or protection measures inherent in the content hosted on the Profile;
9. Take any action in connection with the Profile that causes disproportionate or unnecessary strain on EDP's systems or networks, as well as systems and networks connected to the Profile;
10. Avoiding the normal development of the event, contest, promotion or any other activity available through the Profile or any of its functionalities, both alternating or trying to alternate, illegally or in any other way, access, participation or functioning of those, or faking their result, through any procedure, and/or through any practice that threatens or violates in any way the present Legal notice;
11. Facilitating data that are glaringly fake, whether the user is aware or not of this circumstance.

The unfulfillment of any of the prior obligations from the part of the user, will give EDP the right to block and/or report the user in the social media, as well as adopting the measures it deems appropriate, depending on the user’s behavior, without the need for prior notice, for as long as EDP deems appropriate and without entitling the user to any compensation whatsoever.

7.- RESPONSABILITIES AND GUARANTEES:

EDP cannot ensure the liability, utility, lawfulness or veracity of the information regarding EDP on the profiles of users, being the user responsible of the content he/she publishes, according to what the legal notice of the corresponding social media establishes.

EDP does not ensure nor is responsible for: (i) the continuity of the Profile’s content; (ii) the absence of mistakes in said contents; (iii) the absence of virus and/or other harmful contents on the Profile, social network, or server that supplies it; (iv) the invulnerability of the Profile and/or social media, and/or the impossibility of violating the security measures adopted for them; (v) the lack of use or efficiency of the Profile’s content; (vi) the damages that one causes, to himself or to another person, when violating the conditions, norms and instructions that EDP establishes or through the infringement of the security systems; and (vi) the complete availability to give answer to all comments and private messages of users through the Profile.

Nevertheless, EDP declares to have adopted all necessary measures, within its possibilities and technic state, in order to ensure an optimal operation of the Profile, and minimize its mistakes from the point of view of the published contents, not having, however, capacity to control the technic aspects of the Profile or of the social media, as they are controlled by a third, holder of the social media.

EDP will not be responsible for the veracity, integrity or updating of the information published on the Profile coming from third sources, nor from the information shared in other platforms that have a banner linking to the Profile. EDP will not assume any responsibility regarding hypothetical damages that may originate due to the use of said information.

In the case that any user of the social media would carry out an action susceptible to being considered illicit, illegal or against the law, or that entailed the infraction or violation of the rights of a third-party, and said action was related or associated with EDP in any way, he/she would be doing it entirely under their responsibility, and, unless EDP expresses specifically otherwise, without its authorization, keeping EDP unscathed by his/her actions.

8.- PROFILE SUSPENSION:

EDP reserves the right to suspend, modify, restrict or interrupt, temporally or permanently, the Profile or any content previously available on it, with or without prior notification, and giving the user no possibility to demand any compensation for this cause.

9.- GENERAL:

The openings of different clauses are not only informative, and will not affect, qualify or expand the interpretation of the present Legal Notice. Likewise, EDP may modify the terms and conditions stipulated here, totally or partially, by publishing any change in the same form in which this Legal Notice appears, or through any type of communication aimed towards users.

The temporal validity of the present Legal Notice coincides, thus, with the time of its exposition, until it is modified totally or partially, moment from which the modified Legal Notice will begin to have validity.

Likewise, EDP will be able to finalize, suspend or interrupt at any time and without need of prior notice, the access to the contents on the Profile, with the user not having possibility of demanding any compensation. After said expiration, the prohibitions of use of content previously exposed in the present Legal Notice will remain in force.

In the case that any disposition of the present Legal Notice was declared void or not applicable, totally or partially, by any Court, Tribunal or proper administrative body, said nullity or non-application will not affect the remaining dispositions.

The execution or non-execution from EDP of any right or disposition exposed in the present Legal Notice will not constitute its rejection.

10.- APPLICABLE LEGISLATION AND PROPER JURISDICTION

This Legal notice will be regulated according to the Spanish Law. Likewise, EDP and the users, expressly waiving of any other jurisdiction which could apply, are submitted to the Court and Tribunals of Oviedo (Spain).

In order to present said complaints regarding the use of our services, one may write per e-mail to the online address atcliente@edpenergia.es, committing to search at all times a friendly solution to the conflict.

Last update: April 11, 2019.