Privacy Notice

Privacy Notice Pursuant to Article 13 of the GDPR

Regarding Browsing and Use of the “Corporate Porn Machine” Platform

n accordance with Regulation (EU) 2016/679 (the “EU Regulation” or “GDPR”), VAR GROUP S.P.A., with registered office at Via Piovola 138, 50053 Empoli (FI), Italy, VAT No. 03301640482; LEAPFROG S.R.L., with registered office at Via Piovola 138, 50053 Empoli (FI), Italy, VAT No. 11995720015; and DOF SRL, with registered office at Via del Cotonificio 129, 33100 Udine (UD), Italy, VAT No. 01993630308 (collectively, the “Joint Controllers” or the “Parties”), wish to inform Users about how Personal Data is processed through the Corporate Porn Machine platform (also referred to as the “Platform” or the “Machine”), available at prnmachine.art.

This document (the “Notice”) is provided to you in your capacity as a “Data Subject” (also referred to as a “User” or “Users”). Under Article 4(1) of the GDPR, a Data Subject is the natural person to whom the Personal Data being processed relates.

1. JOINT CONTROLLERS

VAR GROUP S.P.A., LEAPFROG S.R.L., and DOF SRL act as Joint Controllers pursuant to Article 26 of the GDPR. “Joint Controllers” are two or more controllers that jointly determine the purposes and means of processing. EUR-Lex
In practice, Personal Data may be processed by persons specifically authorized to do so, who have been appointed and instructed in writing by the Joint Controllers pursuant to Article 29 of the GDPR.

2. CATEGORIES OF DATA PROCESSED AND RETENTION PERIODS

2.1. Browsing data
This category of Personal Data includes the IP addresses or domain names of the computers and devices used by Users; the URI/URL (Uniform Resource Identifier/Locator) addresses of requested resources; the time of the request; the method used to submit the request to the server; the size of the file received in response; the numerical code indicating the status of the server response (successful, error, etc.); and other parameters relating to the User’s operating system and IT environment.
The browsing data described in this section is retained for no longer than 12 months. Personal Data is processed for the time strictly necessary to achieve the purposes for which it was collected or, in any event, in accordance with retention periods prescribed by law. Where necessary to establish, exercise, or defend a legal claim by the Joint Controllers, the data will be retained for a maximum of ten years after the dispute has been resolved.

2.2. Data relating to content submitted to the Platform
The Platform allows Users to submit words or short expressions relating to the language used within business organizations (known as “porn Fragments”; hereinafter, “Fragments” or “Content”). Submitted Fragments will be published on the Platform and become part of a collection freely accessible to other visitors. They may also be shared on social media by the User who submitted them or by other visitors.
The published Content is not designed to include any public reference to the User. As provided in the Machine’s Terms and Conditions of Use, Fragments must not contain references to identified or identifiable natural persons. Please refer to the Terms and Conditions of Use for further information.
An AI-enabled microphone feature is available solely to allow Users to submit Content by voice. A User’s voice recording will be retained only for the time strictly necessary to process and submit the Fragment and will be deleted immediately afterward.

2.3. Processing through cookies
For information about the processing of Personal Data through cookies used on the Platform, please refer to the applicable Cookie Policy.

3. PURPOSES AND LEGAL BASES OF PROCESSING

Depending on the category of Personal Data, the Joint Controllers process data for the following purposes:

  1. Browsing data. The Joint Controllers process this category of Personal Data to:
    a. Enable browsing of the Platform;
    b. Obtain aggregated statistical information about use of the Platform;
    c. Ensure the proper operation and security of the Platform.

  2. Data relating to content submitted to the Platform. The Joint Controllers process this category of Personal Data to:
    a. Enable use of the Platform, including the submission of “porn Fragments” and the viewing of previously published Content.

  3. Data necessary to comply with legal obligations. The Joint Controllers process this category of Personal Data to:
    a. Comply with obligations under national and European law and with instructions issued by competent authorities.

  4. Personal Data that may be necessary to establish, exercise, or defend a legal claim. The Joint Controllers process this category of Personal Data to:
    a. Establish, exercise, or defend a legal claim.

The legal bases relied upon by the Joint Controllers for the purposes described above are:

  • Performance of a contract (Article 6(1)(b) of the GDPR): processing necessary to perform a contract or take steps prior to entering into a contract, as the Personal Data is necessary to provide the services offered through the Platform. This legal basis applies to purposes 1.a and 2.a.
  • Legitimate interests (Article 6(1)(f) of the GDPR): the Joint Controllers’ legitimate interest in ensuring the proper operation and security of the Platform. This legal basis applies to purposes 1.b, 1.c, 2.b, and 4.a.
  • Compliance with a legal obligation (Article 6(1)(c) of the GDPR): processing necessary to comply with a legal obligation to which the Joint Controllers are subject. This legal basis applies to purpose 3.a.
    Providing Personal Data is mandatory where required by law or contract. Failure to provide such mandatory Personal Data may prevent the service from being provided.
    For information about the processing of Personal Data through cookies used on the Platform, please refer to the Cookie Policy.

4. AI FEATURES

The Platform uses two artificial intelligence (AI) components to:

  • Automatically analyze and filter submitted Fragments to prevent the publication of certain categories of Content, such as obscene Content; and
  • Allow Users to submit Content by voice.
    The use of the AI system for voice input is disclosed in accordance with the transparency obligations set out in Article 50 of Regulation (EU) 2024/1689 (the “AI Act”).

5. RECIPIENTS

Without prejudice to disclosures made to comply with obligations under national or European law or to establish, exercise, or defend a legal claim by the Joint Controllers, the following categories of persons or entities may have access to Personal Data:

  • Persons specifically authorized by the Joint Controllers to process Personal Data, who have been appointed and instructed in writing in accordance with applicable law;
  • Processors appointed pursuant to Article 28 of the GDPR. In carrying out their activities, Processors may in turn engage Subprocessors.
    Where necessary to fully achieve the stated purposes, your Personal Data may also be transferred to and processed outside the European Economic Area. In such cases, the transfer will be carried out in accordance with the safeguards required by applicable data protection law.e.

6. DATA SUBJECT RIGHTS
Where applicable, Data Subjects have the right to access, rectify, erase, and receive their Personal Data in a portable format; withdraw consent; restrict processing; and object to processing, pursuant to Articles 15 et seq. of the GDPR.
You may exercise your rights with the Joint Controllers by emailing digitallaw&[email protected].

7. DATA SUBJECT RIGHTS

Data Subjects who believe that the processing of their Personal Data violates the GDPR have the right to lodge a complaint with the Italian Data Protection Authority:
Garante per la Protezione dei Dati Personali
Piazza Venezia 11, 00187 Rome, Italy
Fax: (+39) 06.69677.3785
Telephone: (+39) 06.69677.1
Email: [email protected]

8. DATA PROTECTION OFFICER

The Data Protection Officer (“DPO”) for Var Group S.p.A. and Leapfrog S.r.l. may be contacted at E-mail: [email protected].

9. CONTENUTI ESSENZIALI DELL’ACCORDO DI CONTITOLARITÀ
The essential terms of the Joint Controllership Arrangement may be requested by emailing digitallaw&[email protected]