Last updated: December 22, 2020.
Enel X Way is a global innovator of smart value-added services and solutions that enables businesses and communities to create, store, use, and manage energy more efficiently, sustainably, and strategically. To achieve our mission of becoming a global producer of sustainable, innovative, and simple technology solutions, we develop custom energy strategies to enable our customers meet their energy goals.
We have a reputation in the market for addressing the key business problems of our clients through better energy intelligence, tackling the biggest drivers of unnecessary energy costs. We have also developed products, including smart grid electric vehicle charging solutions.
Enel X Way, incorporated as Enel X Way USA, LLC., is headquartered in Boston, Massachusetts, in the United States. Enel X Way is part of a global enterprise. We operate the Enel X Way the website located at https://www.enelx.com/n-a/en, web applications for business, utilities, and procurement, mobile applications, and related customer support, services and other solutions (collectively referred to as “Services”).
"Personal Information" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Under specific laws, Personal Information may include any information relating to a household.
We process Personal Information that you actively submit to us, that we automatically collect through your use of our Services, and that we collect from third-party sources. We may process your Personal Information with or without automatic means, including collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of your Personal Information. We do not sell the Personal Information we collect to other parties.
We process the Personal Information of data subjects that includes our customers, users, business representatives, potential clients, and others.
Personal Information that you actively submit to us.
We collect Personal Information that you actively submit to us through an account, mobile applications, website forms, email subscriptions, surveys, customer service, inquiries, social media, and other interactions. You will know when we collect your Personal Information through these interactions because we will directly ask you for the information. We will require certain Personal Information for you to use our Services or for us to be able to contact you. There may also be circumstances where providing Personal Information is optional and does not impact your access to Services.
Personal Information we automatically collect through your use of the Services.
We receive some Personal Information automatically when you visit Enel X Way Services. This includes information about the device, browser, and operating system you use when accessing our Services, your IP address, the website that referred you, which pages you request and visit, and the date and time of each request you make.
Personal Information of minors.
The Services are not intended for users younger than 13 years of age. We do not actively collect or otherwise process Personal Information from users under the age of 13. If we become aware that an individual under the age of 13 has submitted Personal Information without verifiable parental consent, we will remove his or her information from our files.
Special Categories of information.
We do not actively collect or otherwise process special categories of personal data as identified in the EU General Data Protection Regulation (“GDPR”) including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, or genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. We do not actively collect or otherwise process personal data relating to criminal convictions and offences.
California Consumer Privacy Act of 2018 (“CCPA”).
The categories of Personal Information we have collected about consumers in the preceding 12 months are:
We use your Personal Information to operate our Services, deliver products, find and book charging stations, fulfill our contractual obligations in our service contracts with customers, to review and enforce adherence to our Terms, to analyze the use of the Services in order to understand how we can improve our content and service offerings and products, and for administrative and other business purposes. We process Personal Information for our business purposes, including sales leads, subscriptions services, payments, employee training, data analysis, security monitoring, auditing, research, and to comply with applicable laws, exercise legal rights, and meet tax and other regulatory requirements.
In this context, the legal basis for our processing of your Personal Information is either the necessity to perform contractual and other obligations, our legitimate business interest as a provider of services, regulatory requirements, or in some instances your explicit consent.
We may share your Personal Information in the following circumstances:
If we transfer Personal Information of individuals located in the European Economic Area ("EEA") or United Kingdom ("UK") that we have received under the EU-U.S. Privacy Shield Framework to a third party, Enel X Way remains liable for such Personal Information and the actions of such third party.
CCPA (For California Residents).
The categories of Personal Information we have disclosed about consumers for a business purpose in the preceding 12 months are:
Again, we do not sell Personal Information.
Enel X Way retains Personal Information for a reasonable time period to fulfill the processing purposes mentioned above. Personal Information is then archived for time periods required or necessitated by law or legal considerations. When archival is no longer required, Personal Information is deleted from our records.
We retain your account information, including Personal Information in your profile, while your account is active. After termination or deactivation of your account, we delete your account as part of our standard delete function. If you participated in market research, your contribution becomes part of the market data is retained indefinitely, with data anonymized and aggregated.
We retain purchase information for a relevant time to align with warranties associated with the product. Please note we may retain information within our internal systems for backup, archival, audit, or other purposes.
We retain Personal Information that we are required to retain to meet our regulatory obligations including tax records and transaction history. We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is only stored and archived in alignment with our retention policies.
Enel X Way uses technical and organizational measures to protect the Personal Information that we store, transmit, or otherwise process, against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. We regularly consider appropriate new security technology and methods as we maintain and develop our software and systems.
However, you should keep in mind that the Services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. Please also be aware that despite our best efforts to ensure the security of your data, we cannot guarantee that your information will be 100% secure.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, such as using a strong password, keeping your password secret, and using two-factor authentication.
Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide your Personal Information to us, we will transfer your Personal Information to the United States and process it there. Where we transfer your Personal Information, we will take all reasonable steps to ensure that your privacy rights continue to be protected.
In the case of transfers of data out of Europe, we have committed to comply with the Privacy Shield and implement Standard Contractual Clauses as required. We endeavor to utilize third-party service providers from the United States that have certified with Privacy Shield or alternatively provide adequate protections that are compliant with the EU General Data Protection Regulation ("GDPR") such as implementing Standard Contractual Clauses or Binding Corporate Rules.
As part of its participation in Privacy Shield, Enel X Way is subject to the investigatory and enforcement powers of the Federal Trade Commission. Organizations participating in the Frameworks must respond within 45 days of receiving a complaint.
If you have not received a timely or satisfactory response to your question or complaint, please contact one of the independent recourse mechanisms listed below:
EU Data Protection Authorities (“DPAs”)
Please note that this independent dispute resolution body is designated to address complaints and provide appropriate recourse free of charge to the individual.
Under certain circumstances, individuals located in the EEA and the UK may invoke binding arbitration to resolve a Privacy Shield related dispute. In order to invoke arbitration, you must take the following steps prior to initiating an arbitration claim: (1) raise your complaint directly with Enel X Way and provide us the opportunity to resolve the issue; (2) make use of the independent recourse mechanism listed above; and (3) raise the issue through your relevant Data Protection Authority to the U.S. Department of Commerce and afford the U.S. Department of Commerce an opportunity to use best efforts to resolve the issue at no cost to you. For more information on binding arbitration, see the U.S. Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration) at:
In compliance with the Privacy Shield, individuals have the right to access Personal Information and to correct, amend, restrict, or delete that information where it is inaccurate, or has been processed in violation of the Privacy Shield principles, except where the burden or expense of providing access is disproportionate to the risks to the individual's privacy in the case in questions, or where the rights of persons other than the individual will be violated.
If you have an Enel X Way account, we rely upon you to keep your information up to date. You may edit your profile information at any time through your account settings. For email subscriptions, you may opt-out at any time by selecting the “Unsubscribe” link at the end of the email communication. Similarly, for email communication of a marketing nature, we provide the ability for you to unsubscribe directly from the email.
If you demonstrate the inaccuracy or incompleteness of Personal Information, Enel X Way will amend the information as required. If appropriate, we will send the amended information to service providers to whom the information has been disclosed.
Where we rely upon consent as a legal basis for processing, you may withdraw your consent at any time. Please note the withdrawal of your consent does not affect the lawfulness of processing based on consent before withdrawal.
Individuals in the EEA, UK, and Switzerland have certain rights that may be subject to limitations and/or restrictions. These rights include the right to: (i) request access to and rectification or erasure of their Personal Information; (ii) obtain restriction of processing or to object to processing of their Personal Information; and (iii) ask for a copy of their Personal Information to be provided to them, or a third party, in a digital format. If you wish to exercise one of the above-mentioned rights, please send us your request to the contact details set out below. Individuals also have the right to lodge a complaint about the processing of their Personal Information with their local data protection authority.
The CCPA affords certain rights to California residents concerning their Personal Information. These rights include the right to: (i) know what Personal Information is being collected about them, which is outlined above (ii) know whether their Personal Information is sold or disclosed and to whom, which is also outlined above (iii) say no to the sale of Personal information, which, as noted above, we do not do; (iv) access their Personal Information, which is explained below (v) request deletion of Personal Information, which is also explained below; and (vi) equal service and price, even if they exercise their privacy rights.
Right to Access Your Information
Under our Policy, you have a right to access the information we have collected during the last 12 months. Specifically, you have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising User Rights below), we will disclose to you:
Right to Request Deletion
Under our Policy, you have the right to request that we delete any of your Personal Information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising User Rights below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary to:
Exercising Rights under the CCPA
If you are a California resident, to exercise the rights described above, please submit a verifiable consumer request to us by one of the following methods:
Only you, or, if you are a California resident, a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability only twice within a 12-month period.
To verify the identity of an individual making a request, a two-step process will need to be completed. A verifiable consumer request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will use Personal Information provided in a verifiable consumer request only to verify the requestor’s identity or authority to make the request.
Response Timing and Format
For verifiable requests made by California residents under the CCPA, we will endeavour to provide an initial response to a verifiable user request within 10 days of receipt and will attempt to fulfil a verifiable user request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will cover only the 12-month period preceding our receipt of a verifiable user request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable user request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against anyone for exercising any of their rights under this Policy or any applicable information privacy or data protection law. Unless otherwise permitted, we will not:
But if any part of our Services involves a financial transaction with you, we may offer you certain financial incentives permitted by applicable laws that can result in different prices, rates, or quality levels. Any financial incentive permitted under applicable law that we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. However, we do not currently provide any financial incentives.
Inquiries may be made through any of the following means:
|Toll-Free:||+1 (800) 359-6615|
Enel X Way USA, LLC.,
Attention: Data Privacy Officer
One Marina Park Drive, Suite 400,
Boston, MA, USA 02210