Privacy policy

1. Scope of application and entity responsible for the processing of personal data

This Privacy Policy applies to all personal data provided by the user (the "User") of the website www.edp.pt (the "Website") with regard to the use of the Website and the provisions of the requested services available on the Website, (the "Services") including the fill out of the forms available on the Website.

The entity responsible for processing this data in its capacity of data controllers:

EDP Comercial Comercialização de Energia, S.A. (referred to as “EDP Comercial”), registered at Conservatória do Registo Comercial with VAT code 503504564, registered headquarters at Avenida 24 de Julho, nº 12, 1249-300 Lisboa, and 20 842 695 EUR of share capital.

The user must carefully read this privacy policy and decide freely if he intends to provide his personal data to EDP COMERCIAL before using the Website.

This Website is not addressed to Users under age. The User guarantees that he is of legal age and that the data communicated is true, accurate, complete and current, being responsible for any nonconformity. If the data communicated belongs to a third party, the user guarantees that he informed the third party about the conditions provided in this document and that he was authorized to provide his data to EDP COMERCIAL for the indicated purposes.

You may contact EDP COMERCIAL on any matter related to this privacy policy, through the following contact points:

EDP Website: edp.pt/contactos

 

2. Collected personal data

EDP COMERCIAL collects the following categories of personal data (the "Personal Data"):

  • Browsing data related to Services offered through the Website and collected through cookies, according to the Cookie policy as available here;
  • Data provided in case of requests as filled out by the Users or request of information or assistance on the part of the User;
  • Identification data of the User accessing its personal account;
  • Information relating to the agreement between the User and EDP COMERCIAL. The processing of personal data included in the personal account are regulated by the information notice provided by EDP COMERCIAL at the moment of execution of the contractual relationship with the User.

 

3. Data processing purposes and legal basis
EDP COMERCIAL processes Personal Data for the following purposes:

  • the provisions of the Services offered through the Website, including the provision of responses to the User's requests of information or assistance;
  • the compliance with the applicable national/EU laws and/or respond to request from public and government authorities;
    (the purpose as per letters a) and b) are jointly referred to as "Contractual Purposes")
  • to exercise or defend legal claims in court proceedings or in an administrative or out-of-court procedures;
  • to complete a potential merger, sale of assets or transfer of all or a material part of its business, by disclosing and transferring the Personal Data to the third party or parties involved in the transaction as part of the transaction;
    (the purpose as per letters c) and d) above are jointly referred to as "Legitimate Interest Purposes").
  • the delivery of marketing communications concerning products and services of EDP COMERCIAL. The communications, may be sent by both automated (e.g., SMS, MMS, fax, calling systems, email and web applications) and traditional (e.g., calls by human operators) means of contact;
    (the purposes as per letter e) above is referred to as "Marketing Purpose").

The processing of Personal Data is necessary with regard to the Contractual Purposes as it is essential for the execution of contracts between users and EDP COMERCIAL or for pre-contractual procedures upon request with regard to the case as per Section 3 letter a) and in order to comply with provisions as provided by the applicable laws as per Section 3 letter b). Should the User not provide its Personal Data with regard to the Contractual Purposes, EDP COMERCIAL will not be able to provide the user with the relevant Services.

The processing of the Personal Data with regard to the Legitimate Interest Purposes as per Section 3 letters c) and d) is carried out pursuant to article 6, letter f) of the EU General Data Protection Regulation No. 679/2016 (the "Privacy Regulation"), for the pursuit of EDP COMERCIAL legitimate interest, which is adequately balanced with the User's interest since the data processing is performed within the limits strictly necessary to perform such economic activities. This data processing activity with regard to the Legitimate Interest Purposes is not mandatory and the User can object to the data processing at any time through the modalities as per this Privacy Policy. In such case no data processing will be carried out by EDP COMERCIAL, except in case where EDP COMERCIAL demonstrates the existence of legitimate prevailing arguments or the processing is necessary to exercise or defend EDP COMERCIAL rights pursuant to Section 21 of the Privacy Regulation.

Finally, the data processing with regard to the Marketing Purposes is based on the User's prior consent. Such data processing is not mandatory however should the User refuse to provide the relevant consent the User will not receive marketing communications as per Section 3 letters e) above. In any case, the User can withdraw its consents at any time through the modalities as per this privacy policy.

 

4. Recipients

For the Contractual Purposes, Personal Data may be transferred to the following categories of recipients located within the EU: (a) suitable service provider outsourced by EDP COMERCIAL, entrusted with processing activities that provide services or assistance and advice to EDP COMERCIAL, with special - but not exclusive - reference to technology, accounting, administrative, legal, insurance, IT matters; (b) other companies within the EDP Group, and (c) persons and authorities whose right to access Personal Data is recognized by law, regulations or provisions issued by legally empowered authorities.

For the Legitimate Interest Purposes, Personal Data may be transferred to the following categories of recipients located within the EU: (a) third parties service providers entrusted with processing activities, (b) other companies within the EDP Group, (c) potential purchaser of EDP COMERCIAL and the entities resulting from mergers or any other transformation involving EDP COMERCIAL, (d) competent authorities.

For the Marketing Purposes, personal data may be transferred to the following categories of recipients located both within the EU: (a) third parties service providers entrusted with processing activities that provide services or assistance with regard to the delivery of marketing communications, (b) other companies within the EDP Group.

A complete list of the data processor appointed by EDP COMERCIAL is available upon request through the modalities as per this Privacy Policy.

 

5. International data transfers

Data processing for the aforementioned purposes shall occur in its entirety within the European Economic Area. The transfer of personal data is based on information systems equipped with appropriate information security measures, such as content and communication encryption and the use of secure servers. If transfers from EU to countries not considered adequate by the European Commission apply, the Company will put in place appropriate and suitable safeguards to protect the Personal Data. Accordingly, the Personal Data are transferred in compliance with the requirements and the obligations provided by applicable data protection laws, such as standard contractual clauses adopted by the European Commission as per Articles 45 and 46 of the Privacy Regulation.

 

6. Retention period

Collected Personal Data may be retained for the necessary period for the fulfilment of purposes for which the data was collected as outlined in this Privacy Policy.

In any case Personal Data for Contractual Purposes and for Legitimate Interest Purposes is retained during the provision of the Services plus a period of 10 years after the termination of the Services, unless EDP COMERCIAL is obliged to maintain the relevant Personal Data for a longer period in order to respond or to file a legal action, upon request of the competent authorities or by virtue of the law. EDP COMERCIAL may also keep the data beyond these periods for statistical purposes, and for this purpose shall anonymize them.

Data collected for Marketing Purposes relating to the delivery of marketing communications as per Section 3 letter e) of this privacy policy is retained for the duration of the Services and a subsequent period of 24 months.

 

7. User rights

The User, at any given time, can exercise the following rights:

  • to obtain from EDP COMERCIAL confirmation of the existence of personal data and to be informed of its content and source, verify its accuracy and request its integration, update or amendment;
  • request the erasure or restriction of the processing of personal data processed in breach of the applicable laws;
  • object in whole or in part, on legitimate grounds, to the processing of the data;
  • to withdraw the consent to the processing of the data (if and to the extent such a consent is necessary);

In order to exercise the aforementioned rights, the user may contact EDP COMERCIAL by sending a written request to the following email address: dpo.pt@edp.com