Terms of Service

Legal & Compliance Dossier for Vibe Coding Award

Part I: Strategic Legal & Compliance Framework for Vibe Coding Award

1.1 Introduction to Your Legal Obligations

The establishment of the “Vibe Coding Award” website necessitates adherence to a sophisticated and stringent legal framework governing data protection and electronic communications within the European Union and, more specifically, the Republic of Italy. This framework is not monolithic; it is composed of two primary, interconnected pillars that must be addressed concurrently to ensure full compliance.
The foundational layer is the General Data Protection Regulation (Regulation (EU) 2016/679), commonly known as the GDPR. The GDPR is a comprehensive data privacy law that applies across all EU member states, establishing a uniform set of rules for the processing of personal data. Its core tenets include granting individuals robust rights over their data and imposing significant obligations on organizations that collect and process such data.
The second, equally critical pillar is Italy’s national data protection law, the Codice in materia di protezione dei dati personali (Legislative Decree no. 196/2003), as substantially amended by Legislative Decree no. 101/2018 to align with the GDPR. This “Privacy Code” does not merely replicate the GDPR; it supplements and, in certain areas, specifies or derogates from the GDPR’s provisions. For instance, the Italian Code provides specific rules regarding e-marketing, sanctions, and the processing of certain categories of data, making it an indispensable component of the compliance strategy for any entity operating in Italy.
Overseeing the enforcement of this dual framework is the Italian Data Protection Authority, the Garante per la protezione dei dati personali (the “Garante”). The Garante is an active and influential regulator, known for issuing detailed guidelines and interpretations that carry significant legal weight. Its guidelines on the use of cookies and other tracking technologies, for example, are particularly prescriptive and impose requirements on website operators that go beyond the general text of the GDPR, dictating specific design and functionality for consent mechanisms.
To navigate this legal landscape effectively, this dossier provides three distinct but interrelated legal documents, each serving a specific function:
Privacy Policy: This is the central document of the data protection strategy. It provides a comprehensive and transparent explanation to users about what personal data is collected, why it is collected (the purposes), on what legal basis it is processed, who it is shared with, and how users can exercise their legal rights regarding their data.
Cookie Policy: While related to the Privacy Policy, this is a specialized document mandated by the ePrivacy Directive and the Garante’s specific guidelines. It focuses exclusively on the use of cookies and other online tracking technologies. Given the stringent Italian rules, a separate, detailed policy is the best practice for ensuring compliance and clarity.
Terms of Service: This document constitutes the legally binding contract between “Vibe Coding Award” and its users. It governs the use of the website and its services, outlining the rights and obligations of both parties, rules of conduct, intellectual property rights, and liability limitations.
Together, these three documents form the legal foundation for the Vibe Coding Award platform, designed to mitigate legal risk, foster user trust, and ensure demonstrable compliance with applicable laws.

1.2 The Role of Data Controller

Under the GDPR, “Vibe Coding Award” will be legally classified as the “Data Controller”. This is a role of significant responsibility. The Data Controller is the entity that, alone or jointly with others, determines the purposes and means of the processing of personal data (Article 4(7), GDPR). In practical terms, because Vibe Coding Award decides why it needs user data (e.g., to run the award, to analyze website traffic) and how that data is collected and used (e.g., through submission forms, via Google Analytics), it is the Controller. As the sole founder, Mr. Davide Pedone will be the individual ultimately responsible for ensuring the organization fulfills its duties as Data Controller.
These duties are governed by the core principles of data processing, enshrined in Article 5 of the GDPR and reinforced by the Italian Privacy Code. Vibe Coding Award must adhere to these principles in all of its data-handling activities:
Lawfulness, Fairness, and Transparency: Processing must be based on a valid legal ground (e.g., consent, contract), must be fair to the individual, and the individual must be provided with clear, transparent information about the processing.
Purpose Limitation: Data must be collected for specified, explicit, and legitimate purposes and not be further processed in a manner that is incompatible with those purposes.
Data Minimisation: Data collected must be adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
Accuracy: Personal data must be accurate and, where necessary, kept up to date.
Storage Limitation: Data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
Integrity and Confidentiality: Data must be processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
Accountability: This is a crucial, overarching principle. The Data Controller is responsible for, and must be able to demonstrate, compliance with all the other principles. This means that simply complying is not enough; the organization must maintain records and policies (such as those in this dossier) that prove its compliance to regulators and individuals upon request.
While a small startup like Vibe Coding Award is unlikely to meet the legal criteria for the mandatory appointment of a formal Data Protection Officer (DPO), the functions that a DPO would perform remain essential for demonstrating accountability. These functions include acting as a point of contact for data subjects and supervisory authorities, and managing internal compliance. The acceptance form for Google’s own Data Processing Terms requests DPO contact details, underscoring the industry expectation for a designated privacy contact.
Therefore, a critical step in fulfilling the Controller’s obligations is to establish and publicize a clear point of contact for all data protection matters. The Privacy Policy provided herein explicitly names the Data Controller and designates a specific email address (e.g., privacy@vibecodingaward.com). This serves as the official channel for users and the Garante to submit inquiries, exercise their rights, and receive information, thereby fulfilling the functional requirement of a DPO and reinforcing the principle of accountability.

1.3 Managing Third-Party Processors (Google Analytics)

A significant aspect of the Data Controller’s responsibility is managing relationships with third-party service providers that process personal data on its behalf. These entities are known as “Data Processors.” For Vibe Coding Award, the most prominent Data Processor identified is Google, LLC, through its Google Analytics service.
The relationship between a Controller and a Processor is legally defined: Vibe Coding Award, as the Controller, determines the purposes of the data processing (e.g., to understand website traffic), while Google, as the Processor, processes the data on behalf of and according to the documented instructions of the Controller. The GDPR requires this relationship to be governed by a legally binding contract, commonly referred to as a Data Processing Addendum or Agreement (DPA).
For Vibe Coding Award to use Google Analytics lawfully, it is a mandatory prerequisite to enter into such an agreement with Google. Google provides this in the form of its “Google Ads Data Processing Terms.” Mr. Pedone must log into the Vibe Coding Award Google Analytics account and formally review and accept these terms in the administration settings. This action contractually obligates Google to process data according to GDPR standards and provides the legal basis for the Controller-Processor relationship. Failure to accept this DPA would render the use of Google Analytics non-compliant.
The use of Google Analytics also introduces the complexity of international data transfers. Google is a US-based company, and using its services involves transferring personal data from the European Union to servers located in the United States. Under the GDPR, such transfers are only permitted if the recipient country ensures an “adequate” level of data protection or if other specific safeguards are in place. For years, this has been a point of legal contention. However, the current legal basis for these transfers is the EU-U.S. Data Privacy Framework (DPF). The European Commission has issued an adequacy decision for the DPF, meaning that US companies certified under the framework are considered to provide an adequate level of protection. Google, LLC is certified under the DPF, which legitimizes the transfer of data for its Analytics service. This reliance on the DPF is a critical compliance component and must be explicitly disclosed to users in the Privacy Policy.
It is important to note that the legal landscape for EU-US data transfers is dynamic and has been subject to successful legal challenges in the past. While the DPF is currently valid, its long-term stability is not guaranteed. It is therefore advisable for Vibe Coding Award to periodically review the status of the DPF. Should it be invalidated, this would require an immediate reassessment of the use of Google Analytics and a potential shift to alternative, EU-based analytics providers.
Finally, while the latest version, Google Analytics 4 (GA4), offers improved privacy features over its predecessor (Universal Analytics), such as not logging or storing individual IP addresses by default, it does not eliminate the privacy implications. GA4 still collects and processes “online identifiers,” including cookie IDs and client IDs, which are unambiguously considered personal data under the GDPR because they can be used to identify an individual user. Consequently, the collection of this data still requires a valid legal basis—which, for analytics purposes, must be the user’s explicit and informed consent.

1.4 Practical Implementation Checklist

The legal documents provided in this dossier are the core of the compliance strategy, but their effectiveness depends on proper technical implementation on the website. The following checklist provides a clear, actionable guide for website deployment.
Website Footer: Persistent and easily accessible links to the “Privacy Policy,” “Cookie Policy,” and “Terms of Service” must be placed in the footer of every page of the website. This ensures users can access this critical information at any time.
Cookie Banner Setup: The cookie consent banner must be implemented in strict accordance with the detailed technical specifications outlined in Part III, Section 3.2 of this report. This is a point of particular scrutiny for the Italian Garante, and any deviation from its prescriptive guidelines can result in non-compliance.
Consent Management: A mechanism must be implemented that allows users to easily withdraw or modify their consent choices at any time after their initial selection. This is typically achieved through a small, persistent icon or a link in the website footer (e.g., “Manage Cookie Preferences”) that re-opens the consent management interface. Withdrawing consent must be as easy as giving it.
Google Analytics Administration: Before the website goes live, Mr. Pedone must personally log into the Vibe Coding Award Google Analytics account, navigate to the administration settings, and formally accept the “Google Ads Data Processing Terms”. This is a non-negotiable step to formalize the Controller-Processor relationship.
Record Keeping (Accountability): In line with the accountability principle, a system must be in place to log and securely store user consent choices. This “consent log” serves as proof that valid consent was obtained from users before any non-technical cookies were placed on their devices. This record must be retrievable to demonstrate compliance to the Garante if requested. Many third-party Consent Management Platforms (CMPs) offer this functionality automatically.

Part II: Privacy Policy for Vibe Coding Award

Introduction
Welcome to Vibe Coding Award. This Privacy Policy outlines our commitment to protecting the privacy of our users. Vibe Coding Award (“we,” “us,” or “our”) processes personal data in compliance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Italian Codice in materia di protezione dei dati personali (Legislative Decree no. 196/2003, as amended, the “Privacy Code”).
This policy explains what personal data we collect, why we collect it, how we use it, the conditions under which we may disclose it to others, and how we keep it secure. It also details your rights in relation to your personal data. By using our services, you acknowledge that you have read and understood this Privacy Policy

1. Data Controller

The Data Controller is the legal entity responsible for determining the purposes and means of the processing of your personal data.
The Data Controller for the Vibe Coding Award website and services is:
Vibe Coding Award – Italy
For any questions regarding this Privacy Policy or to exercise your data protection rights, please contact us at the following dedicated email address: privacy@vibecodingaward.com.

2. Personal Data We Process

We collect and process different types of personal data to provide and improve our services. The data we process can be categorized as follows:
Data Provided Directly by You: This is information you voluntarily provide to us when you interact with our services. This may include:
Identity and Contact Data: Your full name and email address when you create an account or contact us.
Submission Data: Any information, code, project files, descriptions, and other content you submit as part of an entry to the Vibe Coding Award.
Voting Data: Your votes cast for the People’s Choice Award.
Communication Data: The content of your communications with us, for example, when you request support or make an inquiry.
Usage Data (Collected Automatically): This is information collected automatically when you browse our website. This data is primarily collected through cookies and similar technologies, such as Google Analytics. This may include:
Technical Information: Your Internet Protocol (IP) address (which is processed by our service providers but not stored by Google Analytics 4), browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform.
Interaction Information: Information about your visit, including the pages you visited, the time and date of your visit, the time spent on those pages, and other diagnostic data.
Identifiers: Unique online identifiers, such as cookie IDs and client IDs, which help us distinguish unique users across Browse sessions.

3. Purposes and Legal Basis for Processing

We only process your personal data when we have a valid legal basis to do so under Article 6 of the GDPR. The following table details our processing activities and the corresponding legal bases.

Processing Activity	Type of Data Processed	Legal Basis for Processing
To create and manage your user account.	Identity and Contact Data	Performance of a contract (Article 6(1)(b) GDPR): Processing is necessary to fulfill our obligations under our Terms of Service.
To process and evaluate your award submissions.	Identity and Contact Data, Submission Data	Performance of a contract (Article 6(1)(b) GDPR): Processing is necessary to manage the award competition as described in our Terms of Service.
To operate the People’s Choice Award voting system.	Identity Data (to link vote to user), Voting Data	Performance of a contract (Article 6(1)(b) GDPR): Participation in voting is part of the service offered under the Terms.
To communicate with you about your account or submissions.	Identity and Contact Data	Performance of a contract (Article 6(1)(b) GDPR): Necessary for administrative or service-related communications.
To respond to your inquiries and provide customer support.	Identity and Contact Data, Communication Data	Legitimate Interest (Article 6(1)(f) GDPR): Our legitimate interest in providing effective support and responding to user requests.
To analyze website traffic and improve our services.	Usage Data (e.g., cookie IDs, interaction information)	Consent (Article 6(1)(a) GDPR): We will only process this data if you have given your explicit, prior consent through our cookie consent banner.
To ensure the security and integrity of our platform.	Usage Data, Identity and Contact Data	Legitimate Interest (Article 6(1)(f) GDPR): Our legitimate interest in protecting our services from fraud, abuse, and security threats.
To comply with legal obligations.	All relevant data categories	Legal Obligation (Article 6(1)(c) GDPR): Processing may be necessary to comply with applicable laws, regulations, or court orders.

4. Data Recipients and Third-Party Processors

We do not sell your personal data. We may, however, share your data with trusted third-party service providers who act as “Data Processors” on our behalf. These providers are contractually bound to process your data only on our instructions and to implement robust security measures. We only use processors who provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the GDPR.
The following table lists our key subprocessors:
Subprocessor Name
Purpose of Processing
Country of Data Storage & Transfer Safeguard
Google, LLC
Website analytics and user statistics.
USA. Transfer is based on the European Commission’s adequacy decision for the EU-U.S. Data Privacy Framework, under which Google, LLC is certified.
[Hosting Provider]
Website and database hosting.
[e.g., Italy, Germany, Ireland (EEA)]. Data is stored within the European Economic Area.
[Email Provider]
Transactional email delivery.
[e.g., USA (EU-U.S. DPF)].

Subprocessor Name	Purpose of Processing	Country of Data Storage & Transfer Safeguard
Google, LLC	Website analytics and user statistics.	USA. Transfer is based on the European Commission’s adequacy decision for the EU-U.S. Data Privacy Framework, under which Google, LLC is certified.
[Hosting Provider]	Website and database hosting.	e.g., Italy, Germany, Ireland (EEA). Data is stored within the European Economic Area.
[Email Provider]	Transactional email delivery.	e.g., USA (EU-U.S. DPF).

5. International Data Transfers

Your personal data may be transferred to, and maintained on, computers located outside of the European Economic Area (EEA), where data protection laws may differ.
Specifically, our use of Google Analytics involves the transfer of personal data to the United States. We ensure that such transfers are conducted in full compliance with Chapter V of the GDPR. The legal basis for this transfer is the European Commission’s adequacy decision of July 10, 2023, regarding the EU-U.S. Data Privacy Framework. Google, LLC is certified under this framework, which ensures that it provides a level of data protection comparable to that of the EU.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

6. Data Retention

We will retain your personal data only for as long as is necessary for the purposes for which it was collected, as set out in this Privacy Policy. The specific retention periods are as follows:
User Account Data: We will retain data associated with your account for as long as your account remains active. If you close your account, we may retain some information for a reasonable period thereafter to comply with our legal obligations (e.g., for financial or tax records) or to resolve disputes.
Analytics Data: The retention of data collected for analytics purposes is controlled by the settings within our Google Analytics account and the expiration of the associated cookies. Please refer to our Cookie Policy for specific cookie expiration times.
Communication Data: Data from your inquiries will be retained for as long as necessary to resolve your query and for a limited period for internal record-keeping.

7. Your Data Protection Rights

Under the GDPR and the Italian Privacy Code, you have a number of rights concerning your personal data. We are committed to upholding these rights. You have:

• The Right of Access (Article 15 GDPR): You have the right to obtain a copy of the personal data we hold about you and information about how we process it.
• The Right to Rectification (Article 16 GDPR): You have the right to have any inaccurate or incomplete personal data we hold about you corrected.
• The Right to Erasure (‘Right to be Forgotten’) (Article 17 GDPR): You have the right to request the deletion of your personal data, under certain conditions (e.g., if the data is no longer necessary for the purpose for which it was collected).
• The Right to Restriction of Processing (Article 18 GDPR): You have the right to request that we restrict the processing of your personal data, under certain circumstances (e.g., if you contest the accuracy of the data).
• The Right to Data Portability (Article 20 GDPR): You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format, and the right to transmit that data to another controller.
• The Right to Object (Article 21 GDPR): You have the right to object to the processing of your personal data where it is based on our legitimate interests.
• The Right to Withdraw Consent (Article 7 GDPR): Where we rely on your consent as the legal basis for processing, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, please contact us at privacy@vibecodingaward.com. We may ask you to verify your identity before responding to such requests to ensure the security of your data.
You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement. The Italian supervisory authority is the Garante per la protezione dei dati personali.

8. Data Security

We have implemented appropriate technical and organizational security measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include encryption of data in transit and at rest, access control procedures, and regular security assessments.

9. Links to Other Websites

Our service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to review the Privacy Policy of every site you visit.

10. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Last Updated” date at the top. You are advised to review this Privacy Policy periodically for any changes.

Part III: Cookie Policy and Consent Banner Implementation Guide

3.1 Cookie Policy

This Cookie Policy explains what cookies are, how Vibe Coding Award uses them on its website, and how you can manage your preferences. This policy should be read in conjunction with our main Privacy Policy.
What are Cookies?
Cookies are small text files that are placed and stored on your computer, smartphone, or other device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies can be “first-party,” set by the website you are visiting (i.e., Vibe Coding Award), or “third-party,” set by a domain other than the one you are visiting (e.g., Google).
This policy also covers other similar tracking technologies, such as pixels or device fingerprinting, which function in a similar way. For simplicity, we will refer to all such technologies as “cookies.”
How We Use Cookies
We use cookies for the following purposes:
Technical Cookies (Strictly Necessary): These cookies are essential for the proper functioning of our website and to provide the services you request. They enable core functionalities such as user authentication, session management, and security. Under Italian law, these cookies do not require your prior consent and are loaded by default. If you disable these cookies through your browser settings, you may not be able to use our website.
Analytics Cookies: These cookies are used to collect statistical information in an aggregated form about how visitors use our website. They help us understand which pages are most popular, how users navigate the site, and how we can improve the user experience. We use Google Analytics for this purpose. In accordance with the guidelines from the Italian Garante, these cookies are considered non-technical and will only be installed on your device if you provide your explicit, prior consent through our cookie banner.
Managing Your Cookie Preferences
You have full control over your cookie preferences. When you first visit our website, you will be presented with a cookie consent banner where you can:
Accept All: Consent to the use of all cookies.
Reject All: Decline consent for all non-technical cookies.
Customize: Selectively consent to specific categories of cookies.
You can change or withdraw your consent at any time. An easily accessible link or icon will be available in the footer of our website, allowing you to re-open the consent management settings and update your choices.
Detailed Cookie Inventory
The following table provides detailed information about the specific cookies used on our website:

Cookie Name	Provider	Purpose	Expiration	Category
[session_cookie]	Vibe Coding Award	Maintains your logged-in session and ensures website security.	Session	Technical
_ga	Google Analytics	Used to distinguish unique users for statistical analysis.	2 years	Analytics
_ga_<container-id>	Google Analytics	Used to persist session state and link data across pages.	2 years	Analytics
_gid	Google Analytics	Used to distinguish users for statistical analysis over a 24-hour period.	24 hours	Analytics
_gat	Google Analytics	Used to throttle the request rate to Google’s servers.	1 minute	Analytics

3.2 Cookie Consent Banner – Implementation Guide

The following section provides a detailed technical specification for the implementation of the cookie consent banner. This guide is based on the stringent requirements set forth by the Italian Data Protection Authority (Garante) and is critical for ensuring compliance. Any deviation from these specifications may result in a finding of non-compliance.
The design and functionality of the consent mechanism are as legally significant as the policy text itself. The Italian rules are uniquely prescriptive, focusing on ensuring that user consent is freely given, specific, informed, and unambiguous.
Checklist for Compliant Implementation:
Initial Display:
The banner must be displayed to every new user upon their first visit to any page of the website.
The banner’s design must be clearly distinguishable from the other content on the web page, for example, through the use of different colors, borders, or positioning (e.g., as a footer or a central modal).
The “X” Button (Closing the Banner):
The banner must contain a clearly visible “X” button, typically placed in the top-right corner.
The functionality of this “X” button is legally defined: clicking it must be equivalent to rejecting consent for all non-technical cookies.
Upon clicking the “X”, the banner must disappear, and the user must be able to continue Browse the website. Only technical (strictly necessary) cookies may be loaded. No analytics or other tracking cookies may be placed on the user’s device.
Banner Content (Short Information Notice):
The banner must contain a brief, clear notice that includes:
A statement that the website uses technical cookies and, subject to the user’s consent, analytics cookies.
A clear and direct link to the full Cookie Policy (and Privacy Policy).
A statement explaining that closing the banner by clicking the “X” will maintain the default settings, allowing Browse to continue without cookies or other tracking tools other than technical ones.
Consent Action Buttons:
The banner must provide the user with clear choices. It must include at least three distinct commands:
A “Reject All” (or similar wording, e.g., “Rifiuta tutti”) button.
An “Accept All” (or similar wording, e.g., “Accetta tutti”) button.
A “Customize” (or similar wording, e.g., “Personalizza”, “Manage Preferences”) button that allows for granular choice.
Equal Prominence: This is a specific and critical Italian requirement. The “Accept All” and “Reject All” buttons must be presented with equal prominence. This means they must have the same color, same font, and same size. There should be no design tricks (e.g., a bright, large “Accept” button next to a small, grey “Reject” link) to nudge the user towards acceptance.
Granular Consent Layer (Accessed via “Customize”):
Clicking the “Customize” button must open a second layer or dedicated area.
This area must list the categories of non-technical cookies used (e.g., “Analytics Cookies”).
For each category, there must be a selection mechanism (e.g., a toggle switch or checkbox).
Crucially, all toggles/checkboxes for non-technical cookies must be set to “off” by default. The user must perform a clear, affirmative action (e.g., switching the toggle to “on”) to provide consent for that category.
Prohibited Forms of Consent:
Scrolling: The mere act of scrolling down a webpage does not constitute valid consent and must not be configured to dismiss the banner or activate cookies.
Cookie Walls: It is unlawful to block a user’s access to the website’s content or services if they do not consent to the use of cookies (i.e., a “cookie wall”). Users must be given a genuine choice.
Consent Renewal and Withdrawal:
Once a user has made a choice (either accept, reject, or customize), the banner must not be shown to them again for a period of at least 6 months. The consent choice should be stored (e.g., in a technical cookie).
Users must be able to easily access the consent settings at any time to review and change their preferences. This is typically achieved via a persistent link or floating icon in the website footer.

Part IV: Legal Terms of Service for Vibe Coding Award

1. Introduction and Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website, services, and platform offered by Vibe Coding Award (“we,” “us,” “our”). Our Privacy Policy and Cookie Policy are incorporated by reference into these Terms and also govern your use of the Service.
This document constitutes a legally binding agreement between you, the user (“you”), and Vibe Coding Award. The provision of our Service constitutes a formal offer (proposta) to you under these Terms. By creating an account, submitting content, or otherwise accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms. This action constitutes your legal acceptance (accettazione) of this agreement. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

The Vibe Coding Award Service is an online platform designed to facilitate the submission, review, and judging of coding projects for the Vibe Coding Award competition. The Service provides tools for users to create accounts, upload project materials, and view information related to the award. The socio-economic justification (causa) of this agreement is to enable your participation in the award and our administration of the competition.
We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, with or without notice at any time.

3. User Accounts

To participate in the Vibe Coding Award, you may be required to create an account. When creating an account, you agree to:
Provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
Be responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
Notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. User Conduct and Submissions

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You are solely responsible for all content, including code, text, images, and other materials (“Submission”), that you upload, post, or otherwise transmit via the Service.
By making a Submission, you represent and warrant that:
The Submission is your own original work, or you have obtained all necessary rights and permissions to submit it and to grant the licenses set forth in these Terms.
The Submission does not infringe upon the intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
The Submission does not contain any viruses, malware, or other malicious code.
We reserve the right, but not the obligation, to remove or refuse to accept any Submission that we believe, in our sole discretion, violates these Terms.

5. Award Process and Judging

Participation in the Vibe Coding Award is subject to the following process:
Shortlisting (Nominees): At our sole discretion, a selection of Submissions from each award edition will be designated as “Nominees”. These Nominee projects will be made publicly visible on the Service.
Jury Award: Nominee projects will be privately evaluated by a panel of judges (“Jury”) based on the criteria of originality, execution, and vibe innovation. The Submission that receives the highest aggregate score from the Jury in each category will be declared the winner for that category.
People’s Choice Award: During a specified voting window for each edition, registered users may cast one vote per Nominee project. The Nominee that receives the highest number of valid votes in each category will be declared the winner of the “People’s Choice Award” for that category.
Honorable Mentions: At our sole discretion, we may issue “Honorable Mentions” to non-winning Submissions that demonstrate exceptional merit.
Finality of Decisions: All decisions made by the Jury and the administrators of Vibe Coding Award, including but not limited to the selection of Nominees, winners, and recipients of Honorable Mentions, are final, binding, and not subject to appeal.

6. Intellectual Property Rights

Our Intellectual Property: The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Vibe Coding Award and its licensors. The Service is protected by copyright, trademark, and other laws of both Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vibe Coding Award.
Your Intellectual Property: You retain full ownership of the intellectual property rights in your Submission. However, by making a Submission, you grant Vibe Coding Award a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your Submission for the purposes of administering and judging the award competition.
Extended Promotional License: For any Submission that is designated as a Nominee, a winner, or receives an Honorable Mention, you grant Vibe Coding Award an extended license to use, reproduce, display, distribute, and prepare derivative works of your Submission for promotional and marketing purposes related to the Vibe Coding Award. This promotional license shall remain in effect for a period of one (1) year following the conclusion of the award edition in which your Submission was featured. For the avoidance of doubt, our right to display the Submission on the Service as part of a public archive is perpetual, unless you request its removal.

7. Disclaimers and Limitation of Liability

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable Italian law, Vibe Coding Award expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by law, in no event shall Vibe Coding Award, its founder, directors, or employees, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Republic of Italy, without regard to its conflict of law provisions.
You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the competent courts of the city where Vibe Coding Award will have its registered office in Italy.

10. Miscellaneous

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Vibe Coding Award regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Contact Us: If you have any questions about these Terms, please contact us at: info@vibecodingaward.com.

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Privacy Policy

Privacy Policy for Vibe Coding Award

Effective Date: August 18, 2025

Last Updated: August 18, 2025

Introduction

Welcome to Vibe Coding Award. This Privacy Policy outlines our commitment to protecting the privacy of our users. Vibe Coding Award (“we,” “us,” or “our”) processes personal data in compliance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and the Italian Codice in materia di protezione dei dati personali (Legislative Decree no. 196/2003, as amended, the “Privacy Code”).

This policy explains what personal data we collect, why we collect it, how we use it, the conditions under which we may disclose it to others, and how we keep it secure. It also details your rights in relation to your personal data. By using our services, you acknowledge that you have read and understood this Privacy Policy.

1. Data Controller

The Data Controller is the legal entity responsible for determining the purposes and means of the processing of your personal data.

The Data Controller for the Vibe Coding Award website and services is:

Vibe Coding Award
Italy

For any questions regarding this Privacy Policy or to exercise your data protection rights, please contact us at the following dedicated email address: privacy@vibecodingaward.com.

2. Personal Data We Process

We collect and process different types of personal data to provide and improve our services. The data we process can be categorized as follows:

Data Provided Directly by You:

This is information you voluntarily provide to us when you interact with our services. This may include:

• Identity and Contact Data: Your full name and email address when you create an account or contact us.
• Submission Data: Any information, code, project files, descriptions, and other content you submit as part of an entry to the Vibe Coding Award.
• Voting Data: Your votes cast for the People’s Choice Award.
• Communication Data: The content of your communications with us, for example, when you request support or make an inquiry.

Usage Data (Collected Automatically):

This is information collected automatically when you browse our website. This data is primarily collected through cookies and similar technologies, such as Google Analytics. This may include:

• Technical Information: Your Internet Protocol (IP) address (which is processed by our service providers but not stored by Google Analytics 4), browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform.
• Interaction Information: Information about your visit, including the pages you visited, the time and date of your visit, the time spent on those pages, and other diagnostic data.
• Identifiers: Unique online identifiers, such as cookie IDs and client IDs, which help us distinguish unique users across browsing sessions.

3. Purposes and Legal Basis for Processing

We only process your personal data when we have a valid legal basis to do so under Article 6 of the GDPR. The following table details our processing activities and the corresponding legal bases.

Processing Activity	Type of Data Processed	Legal Basis for Processing
To create and manage your user account.	Identity and Contact Data	Performance of a contract (Article 6(1)(b) GDPR): Processing is necessary to fulfill our obligations under our Terms of Service.
To process and evaluate your award submissions.	Identity and Contact Data, Submission Data	Performance of a contract (Article 6(1)(b) GDPR): Processing is necessary to manage the award competition as described in our Terms of Service.
To operate the People’s Choice Award voting system.	Identity Data (to link vote to user), Voting Data	Performance of a contract (Article 6(1)(b) GDPR): Participation in voting is part of the service offered under the Terms.
To communicate with you about your account or submissions.	Identity and Contact Data	Performance of a contract (Article 6(1)(b) GDPR): Necessary for administrative or service-related communications.
To respond to your inquiries and provide customer support.	Identity and Contact Data, Communication Data	Legitimate Interest (Article 6(1)(f) GDPR): Our legitimate interest in providing effective support and responding to user requests.
To analyze website traffic and improve our services.	Usage Data (e.g., cookie IDs, interaction information)	Consent (Article 6(1)(a) GDPR): We will only process this data if you have given your explicit, prior consent through our cookie consent banner.
To ensure the security and integrity of our platform.	Usage Data, Identity and Contact Data	Legitimate Interest (Article 6(1)(f) GDPR): Our legitimate interest in protecting our services from fraud, abuse, and security threats.
To comply with legal obligations.	All relevant data categories	Legal Obligation (Article 6(1)(c) GDPR): Processing may be necessary to comply with applicable laws, regulations, or court orders.

4. Data Recipients and Third-Party Processors

We do not sell your personal data. We may, however, share your data with trusted third-party service providers who act as “Data Processors” on our behalf. These providers are contractually bound to process your data only on our instructions and to implement robust security measures. We only use processors who provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the GDPR.

The following table lists our key subprocessors:

Subprocessor Name	Purpose of Processing	Country of Data Storage & Transfer Safeguard
Google, LLC	Website analytics and user statistics.	USA. Transfer is based on the European Commission’s adequacy decision for the EU-U.S. Data Privacy Framework, under which Google, LLC is certified.
SiteGround	Website and database hosting.	European Economic Area (EEA). Data is stored on servers located within the EU.
Brevo	Transactional and marketing email delivery.	France (EEA). Data is primarily processed within the EU. Some subprocessors may be in the USA, with transfers covered by the EU-U.S. Data Privacy Framework.

5. International Data Transfers

Your personal data may be transferred to, and maintained on, computers located outside of the European Economic Area (EEA), where data protection laws may differ.

Specifically, our use of Google Analytics involves the transfer of personal data to the United States. We ensure that such transfers are conducted in full compliance with Chapter V of the GDPR. The legal basis for this transfer is the European Commission’s adequacy decision of July 10, 2023, regarding the EU-U.S. Data Privacy Framework. Google, LLC is certified under this framework, which ensures that it provides a level of data protection comparable to that of the EU.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

6. Data Retention

We will retain your personal data only for as long as is necessary for the purposes for which it was collected, as set out in this Privacy Policy. The specific retention periods are as follows:

• User Account Data: We will retain data associated with your account for as long as your account remains active. If you close your account, we may retain some information for a reasonable period thereafter to comply with our legal obligations (e.g., for financial or tax records) or to resolve disputes.
• Analytics Data: The retention of data collected for analytics purposes is controlled by the settings within our Google Analytics account and the expiration of the associated cookies. Please refer to our Cookie Policy for specific cookie expiration times.
• Communication Data: Data from your inquiries will be retained for as long as necessary to resolve your query and for a limited period for internal record-keeping.

7. Your Data Protection Rights

Under the GDPR and the Italian Privacy Code, you have a number of rights concerning your personal data. We are committed to upholding these rights. You have:

• The Right of Access (Article 15 GDPR): You have the right to obtain a copy of the personal data we hold about you and information about how we process it.
• The Right to Rectification (Article 16 GDPR): You have the right to have any inaccurate or incomplete personal data we hold about you corrected.
• The Right to Erasure (‘Right to be Forgotten’) (Article 17 GDPR): You have the right to request the deletion of your personal data, under certain conditions (e.g., if the data is no longer necessary for the purpose for which it was collected).
• The Right to Restriction of Processing (Article 18 GDPR): You have the right to request that we restrict the processing of your personal data, under certain circumstances (e.g., if you contest the accuracy of the data).
• The Right to Data Portability (Article 20 GDPR): You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format, and the right to transmit that data to another controller.
• The Right to Object (Article 21 GDPR): You have the right to object to the processing of your personal data where it is based on our legitimate interests.
• The Right to Withdraw Consent (Article 7 GDPR): Where we rely on your consent as the legal basis for processing, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, please contact us at privacy@vibecodingaward.com. We may ask you to verify your identity before responding to such requests to ensure the security of your data.

You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement. The Italian supervisory authority is the Garante per la protezione dei dati personali.

8. Data Security

We have implemented appropriate technical and organizational security measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include encryption of data in transit and at rest, access control procedures, and regular security assessments.

9. Children’s Privacy

Our Service is not intended for use by anyone under the age of 16. We do not knowingly collect personally identifiable information from children under 16. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from a child under 16, we will take steps to remove that information from our servers.

10. Links to Other Websites

Our service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to review the Privacy Policy of every site you visit.

11. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Last Updated” date at the top. You are advised to review this Privacy Policy periodically for any changes.

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Cookie Policy

What are Cookies?

Cookies are small text files that are placed and stored on your computer, smartphone, or other device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies can be “first-party,” set by the website you are visiting (i.e., Vibe Coding Award), or “third-party,” set by a domain other than the one you are visiting (e.g., Google).

This policy also covers other similar tracking technologies, such as pixels or device fingerprinting, which function in a similar way. For simplicity, we will refer to all such technologies as “cookies.”

How We Use Cookies

We use cookies for the following purposes:

• Technical Cookies (Strictly Necessary): These cookies are essential for the proper functioning of our website and to provide the services you request. They enable core functionalities such as user authentication, session management, and security. Under Italian law, these cookies do not require your prior consent and are loaded by default. If you disable these cookies through your browser settings, you may not be able to use our website.
• Analytics Cookies: These cookies are used to collect statistical information in an aggregated form about how visitors use our website. They help us understand which pages are most popular, how users navigate the site, and how we can improve the user experience. We use Google Analytics for this purpose. In accordance with the guidelines from the Italian Garante, these cookies are considered non-technical and will only be installed on your device if you provide your explicit, prior consent through our cookie banner.

Managing Your Cookie Preferences

You have full control over your cookie preferences. When you first visit our website, you will be presented with a cookie consent banner where you can:

• Accept All: Consent to the use of all cookies.
• Reject All: Decline consent for all non-technical cookies.
• Customize: Selectively consent to specific categories of cookies.

You can change or withdraw your consent at any time. An easily accessible link or icon will be available in the footer of our website, allowing you to re-open the consent management settings and update your choices.

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