General Terms and Conditions

1. General Terms and Conditions

1.1 These General Terms and Conditions regulate the terms and conditions for the sale of the Products and Services of Enel Energia S.p.a.

1.2 The following definitions apply to this Contract:

• Customer: any person who purchases and/or intends to purchase one or more Products and/or Services of Enel Energia.

• General Terms and Conditions (or also 'GTC'): these are the general terms and conditions for the sale of the Products and Services.

• Contract: the contract concluded between Enel Energia and the Customer following the sale of one or more Products or Services of Enel Energia, which consists of the following documents: (i) Pre-contractual Information, (ii) General Terms and Conditions, (iii) Acceptance Form, where applicable, and (iv) Cooling-Off Form. For Products sold on the Site without the installation service included, there is no Subscription Form.

• Offer Document: shall mean any document, also of a non-technical nature, in which Enel Energia promotes the sale and supply of Products or Services (leaflets/catalogues).

• Enel Energia: Enel Energia S.p.a., with registered office in Rome, Via Luigi Boccherini 15, tax code no. 06655971007.

• Acceptance Form: is to be understood as the document in which the Customer expresses willingness to purchase the products or services offered by Enel Energia.

• Product or Service: any product or service sold by Enel Energia to Customers.

• Site: the website enel.it

1.3 These General Terms and Conditions regulate the sale and/or supply by Enel Energia of Products and/or Services as better identified in the Offer Document viewed by the Customer and are addressed to natural persons acting for purposes outside any professional, craft or business activity possibly carried out (hereinafter also referred to as "Customers").

1.4 Each contract concluded with a consumer Customer is regulated by the

Legislative Decree 6 September 2005, no. 206 (hereinafter: "Consumer Code") as amended and supplemented for all matters not expressly provided for in these General Terms and Conditions.

1.5 The Services offered to the Customers are described in the Offer Documents, which shall be brought to the attention of the Customers prior to the conclusion of the Contract; they shall be valid and effective until amended and/or supplemented by Enel Energia.

1.6 The Offer Documents, the commercial purpose of which must be unambiguous, shall be provided by Enel Energia in compliance with the principles of good faith and fairness in commercial transactions and evaluated in accordance with the protection requirements of the categories of Customers

2. Conclusion of the Contract. Variations

2.1 The Contract is concluded when the Customer signs the Subscription Form - or, in the case of purchases on the Site, accepts the General Terms and Conditions.

In the event of purchase of Products and/or Services by payment of the amount due in a lump sum by bank transfer, tax credit financing, the effectiveness of the Contract is, however, subject to the issue of the invoice for the Product and/or Service purchased (hereinafter the "Invoice").

The issue of the Invoice is in turn subject to the:

• the Customer's lack of previous arrears towards Enel Energia, as well as the positive outcome of the Customer's credit check. Enel Energia also reserves the right to verify information issued by external specialised companies for which the Customer hereby authorises the processing of their personal data. In the event of a negative outcome, the Invoice will not be issued and Enel Energia will notify the Customer of the ineffectiveness of the Contract.

• successful verification of the availability of the Products. Products are available while stocks last. If the Product is not available, Enel Energia will notify the Customer promptly, by email, at the address provided at the time of purchase. In that case, Enel Energia reserves the right to propose an alternative solution to the Customer. The alternative proposal is subject to express acceptance by the Customer, to be communicated to Enel Energia by the deadline and in the manner to be indicated in the proposal from time to time. If the Customer accepts the alternative proposal, this Contract will not become effective and Enel Energia will enter into a new contract with the Customer. If the Customer refuses or does not expressly accept the alternative proposal within the term and in the manner indicated in the proposal, this Contract will not become effective and Enel Energia will reimburse the Customer for any sums already paid, without any further payment being due to the Customer for any reason whatsoever, including compensation.

In the case of Products requiring installation, the issue of the Invoice will be further subject to the positive outcome of the technical feasibility check: in the event of the negative outcome of said check, the Invoice will not be issued, the Customer will not pay, and the Contract will therefore have no effect and will be automatically terminated.

In the event of the purchase of Products and/or Services by payment of the amount due by one of the other available methods (e.g. by credit card), the Invoice will be issued immediately but the effectiveness of the Contract will remain subject to:

• the Customer's lack of previous arrears towards Enel Energia, as well as the positive outcome of the Customer's credit check. Enel Energia also reserves the right to verify information issued by external specialised companies for which the Customer hereby authorises the processing of their personal data. In the event of a negative outcome, Enel Energia will notify the Customer of the ineffectiveness of the Contract.

• successful verification of the availability of the Products. Products are available while stocks last. If the Product is not available, Enel Energia will notify the Customer promptly, by email, at the address provided at the time of purchase. In that case, Enel Energia reserves the right to propose an alternative solution to the Customer. The alternative proposal is subject to express acceptance by the Customer, to be communicated to Enel Energia by the deadline and in the manner to be indicated in the proposal from time to time. If the Customer accepts the alternative proposal, this Contract will not become effective and Enel Energia will enter into a new contract with the Customer. If the Customer refuses or does not expressly accept the alternative proposal within the term and in the manner indicated in the proposal, this Contract will not become effective and Enel Energia will reimburse the Customer any sums already paid, without any further payment being due to the Customer for any reason whatsoever, including compensation

2.2 Enel Energia shall have the right, throughout the duration of the Contract, to vary the contractual and/or technical conditions of the Service and/or its Products by giving written notice thereof to the Customer at least 30 (thirty) calendar days in advance. In this case, if the Customer does not accept the variation, they will be entitled to terminate the effects of the Contract by notifying Enel Energia by registered letter with return receipt no later than 15 (fifteen) calendar days from the date of receipt of the variation notice, to be sent to the following address P.O. Box 8080 - 85100 Potenza (PZ). In this case, the Customer's only right shall be that of having any sums paid refunded in proportion to the amount of the Service that may not have been used and without anything further to be paid to the Customer for any reason whatsoever, including compensation. If Enel Energia is not notified of the rejection of the variation by the deadline and in the manner provided for in this paragraph, the variation shall be deemed to be accepted unreservedly and irrevocably by the Customer and shall apply from the day indicated by Enel Energia in the variation notice

3.  Cooling-off period/Right of withdrawal

3.1 Pursuant to the regulations set forth in the Consumer Code, the Contract will be subject to the provisions relating to distance and off-premises contracts, as amended and supplemented, where the conclusion thereof is effected by telephone, web or other distance communication technique, or through an agency appointed by Enel Energia. In case of contracts having as their purpose the provision of Services, the Customer will be entitled to exercise the right of withdrawal without charge no later than 14 days after entering into the Contract; in the case of contracts having as their purpose the sale of Products, the Customer will be entitled to exercise the right of withdrawal without charge no later than 14 days after delivery of the Product. The right of withdrawal may be exercised by sending the enclosed Withdrawal Form by registered mail addressed to P.O. Box 8080 - 85100 Potenza (PZ), or by expressing wishes through the toll-free number 800.900.860.

3.2 For Products that provide for installation, in the event of a request for early installation of the Product, any exercise of the right of withdrawal under Article 3.1 will entail the provision and de-installation of the Product at the expense of the Customer, who will also be obliged to pay Enel Energia the expenses incurred by this latter for the Service rendered up to that time (e.g. inspection expenses, administrative permits, etc.), in application of the provisions of the Consumer Code, expenses which the Customer declares willingness to pay from the outset. In the event that the purchase price for the Product has already been paid, it will be returned minus the aforementioned charges, in accordance with the law. It is understood that if the right of withdrawal is exercised prior to the technical feasibility check, no charge will be made to the Customer.

3.3 The installation of the Product, except in the case of premature installation, shall not take place earlier than 14 calendar days after its delivery. During this period and for as long as is necessary to carry out the required and/or preparatory practices for installation, the Customer is responsible for the safekeeping and proper storage of the Product in a safe, dry place protected from the weather, preferably near the area where the installation is to be carried out.

3.4 In the case of Products that do not require installation, the Customer who intends to avail of the right of withdrawal is obliged to return the Product intact in the manner indicated in the Subscription Form.

4.  Delivery and service procedures for products without installation

Enel can only accept orders for delivery within Italy.

Shipping costs are borne by the Customer, unless otherwise specified and are explicitly highlighted when placing the order. Payment of the goods by the Customer shall be made using the method chosen at the time of ordering.

Delivery of the ordered goods is by the roadside, unless otherwise specified.

The delivery times of the ordered goods communicated at the time of purchase may vary due to force majeure or due to traffic and road conditions in general, or by act of the Authority. Standard delivery will take place at the following times: 9 a.m. to 1 p.m.; 2 p.m. to 6 p.m., every day, except public holidays, Monday to Friday.

No liability can be attributed to Enel in the event of delays in processing the order or delivery of the ordered goods due to problems beyond its control.

Upon delivery of the goods by the courier, the Customer shall check:

1. that the number of packages delivered corresponds to the number indicated on the delivery note or transport document (DDT);

2. that the packaging is undamaged, not damaged, not wet or otherwise altered.

Any mismatch in the number of packages must be immediately notified by the Customer to the delivering courier by placing a specific reservation of shortage on the accompanying document (DDT). The Customer is also required, within 7 days from the date of delivery, to open an anomaly procedure with Enel via their reserved area on the enel.it site, by clicking on the "Request Assistance" button present in the order and specifying in the message the problem encountered (e.g.: "Some products I ordered are missing”).

Any external damage to the packaging detected at the time of delivery must be immediately reported by the Customer to the delivering courier, placing a specific reservation of damage on the accompanying document (delivery note). The customer is also required, within 8 days from the date of delivery, to report the problem by calling the toll-free number 800.900.860. After ascertaining the specific reservations, Enel will replace the damaged Product, which shall be returned in its original packaging.

Once the courier's document has been signed, the Customer may not object in any way to the external characteristics of the packaging delivered.

Any hidden damage or anomalies (Product with intact outer packaging, but which upon opening has only revealed malfunctions and/or defects that are a direct consequence of the production phase) must be reported to Enel Customer Service, within 8 days from the date of delivery, calling the toll-free number 800.900.860

Once the damage has been ascertained, Enel will replace or repair the damaged Product in the manner as indicated on a case-by-case basis. Any return for replacement of the Product must be made in the original packaging.

Any report (for this kind of malfunction and/or defect) after the above deadlines will not be taken into account.

For each declaration, the Customer assumes full responsibility for what is declared.

5. Guarantees

5.1 Legal Guarantee of Conformity

All products sold by Enel Energia are covered by the guarantee for conformity defects envisaged by the Consumer Code (hereinafter, the "Legal Guarantee of Conformity"), which lasts 24 months from the date of delivery of the goods, in the case of Products without installation, and from the date of the first commissioning of the system (resulting from the documents delivered to the Customer), in the case of Products with installation.

The Legal Guarantee of Conformity is a form of consumer protection provided for by the Consumer Code (Article 128 et seq.), implementing EU Directive 1999/44/EC. The guarantee in question may be asserted in the event that the purchased Product presents a conformity defect with respect to the sales contract.

In order to benefit from guarantee services, the Customer will keep the purchase invoice of the Product for the entire duration of the Legal Guarantee of Conformity (2 years) and for the entire duration of the conventional guarantee, where applicable and as better regulated by the Subscription Form. It is important always to retain proof of purchase (tax receipt) for the duration of the Legal Guarantee of Conformity. In addition, it is recommended to keep the documents confirming dispatch and delivery of the product (DDT) in the case of Products without installation, and the Work Completion Report in the case of Products with installation.

A defect can be considered a conformity defect when the product or good purchased:

1. does not conform to the description made by the seller or does not possess the qualities presented to the consumer;

2. does not correspond to the use declared by the seller or for which that good is generally intended;

3. does not have the usual qualities and performance of a good of the same type that the consumer can reasonably expect;

4. is not suitable for the particular use intended by the consumer.

Please note that the Legal Guarantee of Conformity does not cover defects resulting from an accident (impact, crushing, scratches, etc.), improper or abusive use of the Product, or unauthorised alterations, repairs or handling.

In the event of a conformity defect, the purchaser who also qualifies as a consumer will be entitled to have the conformity of the goods restored free of charge (by repair or replacement at the consumer's choice, unless the remedy requested is objectively impossible or excessively onerous compared to the other) or will be entitled to an appropriate price reduction or to termination of the Contract, if one of the following situations occurs

a. replacement and repair of the goods are not possible or are excessively expensive;

b. Enel Energia has failed to repair or replace the goods within a reasonable period of time;

c. the replacement or repair of the goods previously carried out caused the consumer considerable inconvenience.

In determining the amount of the price reduction or the sum to which the consumer is entitled in such cases, account will be taken of the use that has been made of the goods. A minor conformity defect for which the remedies of repair or replacement could not or would be unreasonably onerous is not grounds for termination of the Contract.

If, following intervention, the conformity defect is not found, Enel Energia will communicate the repair estimate to the Customer, who may decide whether or not to carry out the repair at their own expense. In this case, any transport and diagnostic costs of the defect will be borne by the Customer.

To receive assistance on Products covered by the Legal Guarantee of Conformity, please contact Enel Customer Service at the toll-free number 800.900.860.

5.2 Conventional Guarantee

In addition to the Legal Guarantee of Conformity referred to in the previous article, provided for by law, Enel Energia provides the Customer with a conventional manufacturers’ guarantee (hereinafter "Conventional Guarantee"), according to the conditions, methods and terms governed by the MoA (where applicable), or according to the methods illustrated in the documentation inside the Product packaging.

If the Conventional Guarantee is more favourable to the Customer, it applies with precedence over the Legal Guarantee of Conformity. The Contractual Guarantee is without prejudice to any rights the Customer may have under the Legal Guarantee of Conformity. Intervention under the Contractual Guarantee remains subject to the Customer's compliance with the payment conditions.

Repair or replacement of materials under guarantee will be carried out in accordance with the instructions of the respective manufacturer.

Furthermore, if, following intervention, the defect turns out not to be covered by the Conventional Guarantee, the Customer will be charged for any transport, inspection and repair costs.

The Conventional Guarantee will also apply on condition that the instructions and warnings for use and maintenance contained in the manufacturer's use and maintenance booklet are observed in such a way as to enable proper use.

6.   Technical Conditions

By signing the Contract, the Customer affirms that they possess the necessary technical requirements, as specified in the Application Form for the proper supply of Enel Energia's Services and Products.

7. Customer’s Obligations

7.1 The Customer shall:

• enable Enel Energia to perform all activities necessary for the performance of the services described in the Subscription Form;

• provide Enel Energia, in a timely manner, with the information and documentation, including of a technical nature, necessary for the performance of the Contract;

• promptly notify Enel Energia of any variation in the data provided for the purposes of the execution of this Contract;

• remove any obstacle, whether material or legal, that may constitute an impediment or slowdown in the performance of the Contract;

• grant Enel Energia, for the entire duration of the performance of the services covered by the Contract, the availability of the work areas;

• implement all necessary behaviour so that installation and/or maintenance and/or repair operations can be carried out in safe conditions, in compliance with technical maintenance standards and accident prevention regulations;

• provide for the regular and full payment of the price indicated in the Subscription Form, in accordance with the terms set forth therein, within 30 (thirty) days from the issue of the Invoice. In the event of non-payment within that period, the Contract shall  be deemed automatically terminated and shall cease to have any effect.

7.2 In the case of Products involving installation, the Customer will also provide the necessary documentary evidence, depending on the Product to be installed, as specified in the Subscription Form.

7.3 The Customer undertakes to provide accurate personal data and to keep said data up to date during the term of the Contract.

8.   Customer Declarations

The Customer, by adhering to the Contract, in the case of Maintenance and/or Repair Services, warrants that the systems are not in the course of construction/installation and that they are located in an accessible place. Depending on the Service offered, the Customer will be required to declare the existence of the necessary conditions for obtaining tax benefits/deductions in the Subscription Form.

9.   Enel Energia’s Obligations

Enel Energia will be responsible for the performance of all activities necessary or appropriate for the execution of the Contract, except for those specifically provided for by the Customer under the Contract.

In the case of Products involving installation, they are also the responsibility of Enel Energia:

• import permits and licences for the materials used;

• the organisation of the direction and management of the contract, as well as the fulfilment of the requirements of Legislative Decree 9 April 2008, no. 81, on the “Implementation of Article 1 of Law No 123 of 3 August 2007 on the protection of health and safety in the workplace”;

• the removal, upon completion of the work, of Enel Energia's equipment and the subsequent clearing of the work area.

10.    Linking to third-party products and services

10.1 Enel Energia hereby informs that the Products in the "Homix" range sold by Enel Energia enable access, at the sole and exclusive discretion of the Customer, to Alexa cloud services offered by Amazon Digital Services LLC and/or its affiliated companies (hereinafter, also collectively referred to as "Amazon"). In order to take advantage of the aforementioned services, the Customer who decides to avail of this option must access the site www.amazon.com/code by registering, after completing the required fields, and agreeing to Amazon's terms and conditions.

10.2 Enel Energia informs you that the "Garanteasy - Simple Guarantee" services sold by Enel Energia enable access to the service provided through the technological platform for the simple management of guarantees owned by Garanteasy S.r.l. (hereinafter "Garanteasy"). The “Garanteasy - Simple Guarantee” services purchased by the Customer are associated with the Products purchased at the same time and are as follows:

• automatic digital storage of the invoice associated with the Contract, valid for the legal and conventional guarantee and, if purchased at the same time by the Customer, for the extended guarantee;

• information services on the guarantees and Products associated with the Contract;

• handling after-sales service requests relating to the Products associated with the Contract;

• collecting feedback on the after-sales service received from the party to whom the request for assistance was made.

By purchasing "Garanteasy - Simple Guarantee" services from Enel Energia, the Customer authorises the latter to transmit to Garanteasy the information relating to their purchase and the relevant sales documents for the purposes indicated above. In order to actually use the "Garanteasy - Garanzia Semplice" services, the Customer must register and access the Garanteasy platform by following the instructions in the welcome email. In the absence of subscription to the Platform, the Customer will nevertheless receive notifications, by email, text message or Mobile APP, of the following events:

• storage of guarantees in the Platform;

• guarantee periods associated with the Products covered by the Contract;

• communications concerning any after-sales service requests.

10.3 The Customer acknowledges and accepts that Enel Energia does not assume and/or accept any liability in relation to any damage of any nature whatsoever, pecuniary or non-pecuniary, direct or indirect, arising from or relating to the Customer's use of the Alexa cloud services offered by Amazon and the Garanteasy - Simple Warranty services offered by Garanteasy referred to above, nor for any failure to comply with the applicable regulations, including those on the processing of personal data by Amazon and Garanteasy themselves.

11.  Free take-back of used equipment

11.1 In compliance with Ministerial Decree 65/2010 Art. 1 para. 1, Enel Energia, as a distributor, ensures, at the time of supply of a new electrical and electronic appliance (hereinafter referred to as EEE) the free take-back of the old electrical or electronic appliance (referred to as WEEE) having the same functionality as the one covered by the contract. It should be noted that the free take-back of WEEE (1-for-1 dictated by DM no. 65/2010) is available provided that it is derived from a household, is of an equivalent type to the new EEE, and has performed the same functions as the newly purchased equipment.

11.2 For the aforesaid activities, Enel Energia will make use of third parties that possess the characteristics and requisites required by law for the performance thereof. Withdrawal will be for the same product and quantity delivered.

11.3 Exclusions: there shall be no free take-back in respect of a purchase of Products not belonging to the EEE category. Free take-back may be refused if there is a risk of contamination of the take-back personnel or if it is clear that the equipment in question does not contain its essential components or contains waste other than WEEE (Legislative Decree 49/2014 Art. 12 (4). Professional WEEE is excluded from this Contract.

11.4 The possibility to make use of this withdrawal must be expressed at the time of purchase.

11.5 Sensitive data and information contained in the memories of the equipment shall be deleted by the Customer before collection by Enel Energia.

11.6 It is clarified that, in the event of a repossession, the return of the good does not include the relevant WEEE that may have been collected by the Distributor on a one-for-one basis.

12.  Invoicing and payment methods

12.1 The invoice will be issued in electronic format, as provided for in Art. 1 (909) of the Budget Law for 2018 (L. 27 December 2017, no. 205), according to the technical specifications approved by the provisions of the Director of the Revenue Agency, transmitted through the SdI (Sistema di Interscambio) and sent to the e-mail address indicated in the purchase and/or in the Subscription Form.

12.2 Depending on the Product or Service chosen, payment of the amount may be made in one or more of the following ways:

• Single payment by bank transfer or credit card - The transfer must be paid to Enel Energia in a single instalment in advance of the installation, precisely following the payment instructions set out in the communication that will be sent by Enel Energia.

• Enel Energia instalment facility with advance payment on credit card - Payment by credit card of a deposit of 30% of the price, in advance of delivery and payment of the remaining amount due in 12 monthly instalments by direct debit from a credit card (prepaid cards and foreign cards are not accepted). The validity of the means of payment must be guaranteed for the entire duration of the Contract.

• Direct debit to credit card or bank or postal account

• Charged to Enel Energia bill - Payment method valid only for customers with an existing electricity and/or gas supply contract for domestic use with Enel Energia at the time of entering into this contract. The subscribing Customer authorises Enel Energia to verify with Enel Energia that at the time of each debit, the aforementioned supply contract is current. In the event that the aforementioned verification is not successful, the amount due will be debited from the bank or postal account indicated by the subscribing Customer in the Application Form.

• Transfer of the tax credit contribution in the form of a rebate on the amount due, up to a maximum, equal to the consideration itself (currently not available for purchases through the website) - Subject to the conditions provided by the energy requalification legislation applicable from time to time, the payment shall be made through (i) contribution in the form of a discount on the consideration due the assignment of the tax credit equal to the deduction due (ii) payment by bank transfer of the remainder of the consideration, where due, precisely following the payment instructions set out in the communication that will be sent by Enel Energia. In order to take advantage of this mode of payment, the Customer must sign the Transfer Option Form for the contribution in the form of a discount provided with the Contract. By signing, the Customer assigns the tax credit in favour of Enel Energia, opting for the contribution in the form of a rebate on the consideration due, in accordance with the methods provided for by the regulation in force and implementing the provisions of the Revenue Agency. The Customer undertakes to provide Enel Energia with all the information/documents necessary and/or required by the competent authorities for the purpose of finalising the aforementioned assignment. In addition, the Customer undertakes to carry out, at its own expense and without further burdens on Enel Energia, all formalities and fulfilments preparatory to the implementation of the option to assign the tax credit that may be required as a result of the issue of new regulations on the matter or provided by virtue of provisions, circulars and instructions of the Tax Authorities not known at the date of signing this Contract.

• Financing (currently not available for purchases via the website) - Signing a separate financing contract on the terms and conditions of an Enel Energia Financing Partner.

12.3 Payment of invoices may not be deferred or reduced, even in the event of a dispute. The Customer may not make offsets against any receivables from Enel Energia, including those relating to other contracts. In the event of non-payment within the contractual term, the Customer will be deemed to have forfeited the benefit of the instalment facility with the consequent right of Enel Energia to request full and immediate payment of any residual amount still owed by the Customer, who will be debited in a lump sum, subject to the application of default interest. In the event of the issue of a credit note, containing amounts to be refunded to the Customer for various reasons, in the absence of previous invoices and/or unpaid instalments in respect of which an offset of the amounts would be provided for, the Customer will be refunded the amount stated in the credit note. In the event of a direct debit to an active bank or postal current account ("SDD procedure"), the reimbursement of the credit note will take place, on expiry, directly to the current account; in the absence of a direct debit to the bank or postal current account ("SDD procedure"), the Customer will be contacted by Customer Service to request the data required for refund by means of a transfer to their current account or to an account in the name of or jointly held with the holder of the Contract

13. Notifications

If no particular method is envisaged, notifications relating to the Contract may be addressed to Enel Energia Casella Postale 8080 - 85100 Potenza (PZ). Customer Service is available at the toll-free number 800.900.860.

14.   Information to Customers pursuant to Art. 13 of EU Regulation 2016/679 (hereinafter, 'GDPR')

Enel Energia S.p.a. is committed to the respect and protection of your fundamental rights and freedoms with regard to the processing of your personal data and hereby wishes to provide you with the appropriate information on the methods and purposes of such processing.

For anything not expressly described in the Information Notice, the definitions contained in the General Terms and Conditions and their annexes will apply. This Policy refers exclusively to the data provided by you and those collected and processed in the performance of the Contract signed by you with the Data Controller, as well as through the digital services displayed on the Controller's site.

14.1 Data Controller: The data controller is Enel Energia S.p.a., with registered office at Via Luigi Boccherini 15, 00198 - Rome, VAT No. 13111961002 (hereinafter also referred to as "Enel Energia" or "Data Controller").

14.2 Data Protection Officer: To provide you with an easy point of contact, the Data Controller has designated its own Data Protection Officer ("DPO"), who can be contacted at the following email address: dpo.enelenergia@enel.com for all matters relating to the processing of your Personal Data and the exercise of your rights, which may be exercised in accordance with the GDPR and in the manner described in the "Data Subject's Rights" section of this Policy.

14.3 Type of data processed: The Controller will process personal data ('Personal Data') provided by you or acquired in the course of the contractual relationship, which, by way of example, are:

• Personal Identification Data: data allowing the direct identification of the person concerned, such as personal data (e.g. name, surname, tax code, VAT number, etc.), provided to the Controller and processed for the purposes of signing and managing the Contract.

• Contract data: data relating to the Products or Services acquired or used, collected and processed during the term of the Contract; data relating to the number, type and outcome of maintenance operations.

• Economic and financial data: data necessary for payments (e.g. IBAN) or proving the execution of payments (e.g. identification details of payments) and any other data relating to the Customer's solvency and punctuality.

• Contact data: contact information (e.g. telephone number, landline/mobile phone number, email address), provided to the Controller at the time of signing or during the term of the Contract, or acquired by the Controller itself, which enables the Controller to contact you for the purpose of managing the contractual relationship or to provide you with services tailored to your needs.

• Reserved Area data: data requested during registration, where carried out, and necessary for the use of the relative services offered by the Enel Group companies accessible via web through the Enel Unique Profile. When creating your Enel Unique Profile, you will be asked to provide certain Personal Data, such as your first name, last name, email address, mobile phone number, tax code and utility code. The Controller also allows you to access the reserved area via the APP or by using credentials provided by a social network (so-called 'social login'), in particular by using the profiles created on Facebook and Google.

• Browsing data: the computer and telematic systems and software procedures used to operate the Site, or dedicated to the operation and use of the APPs made available by the Data Controller, acquire, in the course of their normal operation, certain data (e.g. the date and time of access, the pages visited, the name of the Internet Service Provider and the Internet Protocol (IP) address through which you access the Internet, the Internet address from which you connected to the site, etc.), the transmission of which is implicit in the use of web communication protocols or is useful for better management and optimisation of the system for sending data and e-mails.

• Data acquired by the Customer Service: data provided during interactions with the Controller's Customer Service, including recordings of telephone calls, if you have consented to this, or in cases where the recording is made pursuant to a legal obligation or regulation.

Processing of Personal Data for the purposes of this Policy shall mean any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

14.4 Purposes and legal basis of processing: the Controller will process your Personal Data for the achievement of specific purposes and only where there is a specific legal basis provided for by the applicable data protection law. Specifically, Enel Energia will only process your Personal Data when one or more of the following legal bases apply:

• you have given your free, specific, informed, unequivocal and express consent to processing;

• processing is necessary for the performance of a Contract to which you are party or the performance of pre-contractual measures taken at your request;

• in the presence of a legitimate interest of the Data Controller or a third party, provided that the interests or fundamental rights and freedoms of the data subject requiring the protection of personal data do not prevail;

• by virtue of a legal obligation.

In particular, Enel Energia will process your Personal Data for the following purposes:

a. for the execution of pre-contractual measures requested by you, for the fulfilment of pre-contractual, contractual, and tax obligations and for any further activities instrumental to the signing and execution of the contract;

b. for the supply of products and services offered by the Controller directly or through ENEL Group Companies or Business Partners, including support and ancillary services that may be requested by the Customer;

c. for the handling of purchase orders, delivery, activation and maintenance of products, services and/or equipment purchased or granted on loan for use;

d. for the collection, analysis, and processing of your consumer data, including in personalised, automated or electronic form;

e. for the handling of any complaints, pre-litigation and litigation procedures;

f.  for sending information and/or updates on the status of existing services; for participation in any award or loyalty programmes; for customer relations monitoring activities (e.g. surveys to assess customer satisfaction); to improve the products and services covered by the contract, and to adapt the offer to customer needs;

g. for the protection of credit reasons and for fraud prevention activities in connection with the products or services provided, to assess the economic reliability and creditworthiness of the Customer, before or during the contractual relationship, the Controller may use information on the status and punctuality of payments in connection with products or services provided, including in the past. To activate and maintain the Services, certain personal data from public archives or registers relating to any protests, prejudicial inscriptions or transcriptions (such as foreclosures, bankruptcy proceedings, seizures, mortgages, judicial applications) and business profile and balance sheet data are used. These data are acquired through access to the information systems of authorised companies, as well as by Credit Information Systems and SCIPAFI as provided for in Law Decree 124/2017, and are processed, where necessary, solely for the purpose of verifying the reliability and punctuality of payments. The public data may also be combined with other statistical information and with data acquired in connection with the contract to be activated and will allow the determination of a synthetic rating (score) of creditworthiness;

h. for the assignment of credit rights to customers arising from the supply of products and services provided by the Controller;

i.   to verify, in accordance with current legislation, the correctness of the bank/postal or payment data provided, in order to activate the bank/postal direct debit and to manage payments;

j.   for the fulfilment of obligations provided for by EU and national laws, including laws, pro tempore regulations in force and provisions also issued by Authorities legitimised to do so, as well as for purposes related to the detection, prevention, and repression of crimes and any illegal activity;

k. subject to your consent, for Enel Energia to carry out market research, direct sales, including by telephone, for the placement of products or services, for commercial communications or marketing activities. These activities may be carried out by sending advertising, information, promotional material or invitations, using traditional methods (e.g. paper mail and telephone calls with operator) or automated contact systems (e.g. SMS, e-mail, telephone calls without operator);

l.   subject to your consent, for the performance of the activities referred to in point k), where carried out by Enel Group companies, parent, subsidiary or associated companies or by business partners of Enel Energia. These activities may be carried out by sending advertising, information, promotional material or invitations, using traditional methods (e.g. paper mail or telephone calls with operator), or automated contact systems (e.g. SMS, e-mail, telephone calls without operator);

m. subject to your consent, for profiling activities by Enel Energia or other companies in the Enel Group, Enel Energia's parent companies, subsidiaries, associated companies or business partners, based on your consumption habits and the data and information acquired by observing the use of the products or services offered by the Controller, in order to provide you with personalised offers;

n. for the use of the services present on the enel.it site, registration in the reserved area through the Unique Enel Profile, use of the "APPs" made available by the Controller and use of the relative services;

o. for sending commercial offers relating to products and/or services offered by the Controller and similar to those previously purchased, using the email address provided by you as part of your existing contractual relationship with the Controller (so-called 'soft-spam'). You may object to such processing at any time;

p. to monitor the quality of the support services offered directly by Enel Energia, or by its business partners, to check their effectiveness, improve business processes and service quality;

q. to improve the “customer experience” by associating the customer with the operator for the best handling of the specific request.

14.5 Optional or mandatory provision of Personal Data: The provision of consent to the processing of Personal Data is never necessary for processing related and/or indispensable for compliance with legal obligations, European legislation, pre-contractual and contractual obligations. In order to comply with specific requests prior to the conclusion of the contract or to fulfil obligations arising from a contract, you are free to provide the Personal Data requested from time to time. However, the non-, partial or inaccurate provision of said data may make it impossible for us to provide you with the services you have requested. On the other hand, the consent of the data subject is required for the purposes set out in Section 14.4 (k), (l) and (m). Consent for these purposes is always optional and, if given, may be revoked at any time, in the manner described in the 'Rights of the data subject' section of this Policy. Enel Energia, in the absence of consent, but without prejudice to your right to object to the processing in the manner described in the "Rights of the data subject" section of this Policy, may send you commercial notifications using the email details provided in the context of the existing contractual relationship for the purposes set out in paragraph 14.4 letter o).

14.6 Processing methods and logic: the Data Controller will process Personal Data in compliance with the confidentiality guarantees and security measures provided for by current legislation, even in the case of transfer of data abroad, including non-European countries, by means of computerised, telematic and manual tools, with logic strictly related to the purposes of processing. The processing is carried out, also with the aid of electronic or in any case automated means, by the Data Controller and/or by third-party Processors which the Data Controller may use, in compliance with the regulations in force, to store, manage and transmit the data. The processing will be carried out with the logic of organisation and processing Personal Data, also related to the logs originated by the access and use of the services made available via web, related to the purposes indicated above and, in any case, in such a way as to guarantee the security and confidentiality of same. In the context of telephone assistance services, Personal Data may be managed by means of computerised procedures suitable for enabling the operator to respond in an efficient and targeted manner to the Customer's requests, also on the basis of the characteristics of the products and services acquired by the Customer, in order to achieve optimal interaction between the Customer and the operator. The data will be processed in accordance with the relevant legislation in force. In the case of on-line transactions, the data processed are protected with the use of appropriate technological solutions, both to protect connections and to store financial data (credit card, IBAN, etc.).

14.7 Recipients of the Data: for the pursuit of the purposes indicated above, without the need for express consent, Enel Energia may need to communicate, in Italy and abroad (including countries outside the European Union), the Personal Data to third parties in order to fulfil the contract, to comply with legal obligations or to perform activities instrumental to the provision of the services requested. Employees, consultants, collaborators, temporary workers and/or any other natural person, who carry out their activities on the basis of instructions received from Enel Energia, may be recipients of the data or may become aware of them. These persons are specially designated as Data Processors.

Furthermore, persons belonging to the following categories may be recipients of the data:

• entities, public and private authorities, supervisory and control bodies for the fulfilment of obligations provided for by law or when required for the granting of subsidies, contributions, grants and facilities of any kind, connected with the supply of the Controller's products and/or provision of services, or when required by specific statutory, regulatory and authorisation provisions;

• subjects that carry out tasks of a technical or organisational nature and assistance on behalf of Enel Energia; they carry out services of acquisition, data entry, storage and processing of the data necessary for the use of the products or services offered; they provide services for the management of the Controller's technological infrastructure; they carry out transmission, enveloping, transport and sorting of communications to the Customer; perform Customer assistance activities; perform control, auditing and certification of the activities carried out by the Controller, also in the interest of its Customers; Banking Institutions and credit card issuing companies; other operators in the sector for the management of the relative relations; firms and companies within the scope of assistance and consultancy relations, including legal consultancy;

• external companies, including foreign ones, operating in the insurance sector and in the granting of loans, including payment extensions, for the purposes of insolvency risk prevention and control, fraud control and credit protection, as well as entities operating in the field of credit recovery, including out-of-court and in court (Companies and/or Law Firms), Banking Institutions or Factoring Companies in the event of credit assignment;

• Enel Group companies or parent, subsidiary and associated companies for management and control administrative-accounting purposes and Enel Energia's partners including those located abroad;

• companies of the Enel group or parent, subsidiary or associated companies, third parties or business partners of the Data Controller, for marketing or profiling purposes, in compliance with the requirements of the GDPR and the relevant legislation in force, subject to obtaining its consent.

The subjects belonging to the above categories shall process the data as autonomous Data Controllers or as Data Processors and Authorised Persons, specifically designated by Enel Energia. To the Data Processors and Authorised Persons who may be designated, Enel Energia will issue appropriate instructions, aimed at adopting adequate security measures, in order to be able to guarantee the confidentiality, security and integrity of the data.

14.8 Transfer of Personal Data: Your Personal Data will be processed within the European Union and stored on servers located within the European Union. The same data may be processed in countries outside the European Union, provided that an adequate level of protection is guaranteed, as recognised by a specific adequacy decision of the European Commission. Possible transfers of Personal Data to non-EU countries, in the absence of an adequacy decision by the European Commission, will only be possible if adequate contractual or agreed guarantees are provided by the Controllers and Processors involved, including binding corporate rules (' Binding Corporate Rules') and standard contractual data protection clauses. The transfer of your Personal Data to third countries outside the European Union, in the absence of an adequacy decision or other appropriate measures as described above, will only be carried out where you have explicitly consented to it or in the cases provided for in the GDPR and will be processed in your interest. In these cases, we inform you that, although the Enel Group adopts common operating instructions for all the countries in which it operates, the transfer of your Personal Data may be exposed to risks related to the peculiarities of local legislation on the processing of Personal Data.

14.9 Data Retention period All your Personal Data processed for the purposes described above will be stored in accordance with the principles of proportionality and necessity, and in any case until the purposes of the processing have been fulfilled. Your Personal Data will be stored and processed for as long as the contractual relationship with the Data Controller subsists, and in any case for a period of 10 years after the termination of the contractual relationship, after which it shall be deleted, without prejudice to further storage of the same where necessary to comply with specific legal obligations, Authority orders, for the collection of outstanding debts and for the handling of disputes, claims and legal actions. In the event that you have given your consent to the processing of your Data

Personal Data for marketing and/or profiling purposes, as referred to in points k), l) m) of paragraph 14.4, your Personal Data will be processed for the aforementioned purposes:

• during the term of the contractual relationship, until the consent given is revoked;

• from the moment of termination of the contractual relationship, your data will be processed for a period not exceeding 24 months for marketing purposes and not exceeding 12 months for profiling purposes, without prejudice to the right to object at any time and to revoke the consent given, in the manner described in the “Data Subject’s Rights' section of this Policy.

14.10 Automated decision-making process: For the purposes of concluding and performing the Contract, you may be subject to a decision based on automated processing, including profiling. In that case, the data subject will have the right to obtain human intervention, to express their opinion and to contest the decision.

14.11 Data Subject’s rights: pursuant to Art. 15-22 of the GDPR, the data subject, with reference to their processed Personal Data, has the right to:

• access and request a copy;

• request rectification;

• request cancellation;

• obtain restriction of processing;

• oppose processing;

• receive them in a structured, commonly used and machine-readable format;

• obtain human intervention when subjected to a decision based solely on automated processing, including profiling.

We inform you that you still have the right to object at any time to the processing of Personal Data concerning you carried out for direct marketing purposes, including profiling, insofar as it is related to such direct marketing. The right to object to such processing by automated means of contact also extends to the processing of Personal Data by traditional means of contact, unless you wish to object only in part. If you object to processing for direct marketing purposes, your Personal Data will no longer be processed for such purposes. In order to exercise your rights and to revoke your consent you may send written notification to the email address privacy.enelenergia@enel.com. Your request will be acknowledged in the shortest possible time and, in any case, within the terms of the GDPR. For further information concerning your personal data, you may contact the Data Protection Officer, who can be reached at the following email address: dpo.enelenergia@enel.com. We remind you that it is your right to lodge a complaint with the Privacy Authority, by:

• registered mail with return receipt to be sent to Garante per la protezione dei dati personali, Piazza Venezia, 11, 00187 Roma;

• email at: protocollo@gpdp.it; or: protocollo@pec.gpdp.it;

• fax number: 06/69677.3785.

15.   Applicable law, competent court and 'alternative dispute resolution' procedures

 The Contract is regulated by Italian law. The Court of the place of residence or domicile of the Customer, if located in the territory of the State, shall have jurisdiction in respect of any disputes relating to the validity, effectiveness, execution and interpretation of the Contract, connected therewith or arising therefrom. For anything not expressly provided for in the Contract, the provisions of the Italian Civil Code shall apply.

In the event of problems related to the purchase of a product or the provision of a service, the Customer may activate an alternative dispute resolution procedure by turning to one of the public or private bodies set up on a permanent basis and registered in a special list (provided for by the Consumer Code as amended and supplemented).

The European Commission also provides an online dispute resolution platform, which the customer can access via the following link: https://ec.europa.eu/consumers/odr/.