Product separation
These disclaimers apply to the Whispr Compliance Italy product
Whispr Compliance Italy is one of multiple independent product lines under the BackPR umbrella (backpr.com). Each Whispr product is built and run by a separate product team. The Whispr EDU product available at edu.backpr.com is a sibling product with its own disclaimers. Nothing in this page binds another BackPR product, and nothing said in connection with another BackPR product binds the Whispr Compliance Italy product or team.
Whispr is software, not compliance
Using Whispr is not a substitute for being compliant
Compliance with D.Lgs. 24/2023 (Italian whistleblowing law), ANAC guidelines, GDPR (Reg. UE 2016/679), the Italian Codice Privacy (D.Lgs. 196/2003 as amended), and any other applicable law is the sole and exclusive responsibility of the customer organisation. The customer remains responsible for, without limitation:
- Determining whether the customer is in fact subject to the relevant statute and to which scope.
- Designating the internal channel-management role (e.g. gestore del canale) and any deputies, escalation contacts, supervisors, advisors, or third parties.
- Training, supervising, monitoring, and disciplining all personnel that interact with the channel, the platform, or the reports.
- Drafting, adopting, publishing, periodically reviewing, and enforcing the internal whistleblowing policy, the anti-retaliation policy, and any related governance document.
- Communicating the channel to potential reporters in the language and form the law requires.
- Meeting the statutory time limits (presa in carico entro 7 giorni, riscontro entro 3 mesi) — Whispr displays these timers; only the customer can meet them.
- Investigating, assessing, prioritising, escalating, closing, and documenting reports in substance.
- Determining whether to notify ANAC, the Garante per la protezione dei dati personali, the Procura della Repubblica, the Guardia di Finanza, INPS, INL, or any other authority.
- Preventing, investigating, and remedying retaliation under Art. 17 D.Lgs. 24/2023. Whispr's audit trail is an evidentiary aid; it is not a remedy.
- Applying and revising retention schedules consistent with the law and the customer's own lawful purposes.
- Conducting any required DPIA, LIA, transfer impact assessment, or sectoral analysis.
- Maintaining lawful bases for processing, providing the privacy notice to data subjects under Art. 13–14 GDPR, and handling data-subject requests.
- Complying with sectoral rules (banking, insurance, public administration, listed companies, healthcare, public works, regulated procurement, etc.) regardless of what Whispr does or does not do.
- Any decision about disciplinary measures, employment outcomes, internal sanctions, or referrals to authorities.
Whispr's role is technical and ancillary. It provides hosted intake, role-aware access, audit-related visibility, retention metadata fields, and case-handling workflow. Whispr does not interpret the law, decide cases, validate retaliation claims, judge the merits of reports, or act on the customer's behalf.
No guarantee against ANAC, the Garante, or any other authority
Whispr does not, will not, and cannot prevent enforcement action
The imposition of any sanction, the opening of any investigation, the issuance of any prescriptive order or warning, the requesting of any information, the conduct of any inspection, or the publication of any decision — whether by ANAC under Art. 21 D.Lgs. 24/2023, by the Garante under the GDPR and the Codice Privacy, by judicial authority, by financial supervisors, by tax authorities, by labour inspectorates, by industry regulators, or by any other competent body — is at the sole discretion of that authority. Whispr expressly disclaims any representation, promise, warranty, or expectation that:
- the use of the product will satisfy any specific regulator;
- the use of the product will preclude or reduce the likelihood of any investigation, sanction, or order;
- the product, its outputs, its audit trail, or its exports will be accepted by any authority as evidence or as documentation of compliance;
- the product satisfies, on its own, any audit, certification, accreditation, attestation, or external-review requirement;
- any feature claim made on marketing pages constitutes a regulatory guarantee.
Marketing language on this website that references statutes or guidelines is descriptive, not warranty-bearing. Statements such as "allineato al D.Lgs. 24/2023", "linee guida ANAC", "Art. 5 / Art. 12 / Art. 17", or any equivalent are informational and do not promise any regulatory outcome.
No legal, regulatory, or compliance advice
Nothing Whispr publishes or exposes in the product is legal advice
This includes, without limitation: the marketing site, this trust center, in-product hints, rollout-kit content, sample policies, suggested response paths, templates, exports, and any communication with sales, support, or technical staff. Whispr is not the customer's lawyer, not the customer's compliance officer, not the customer's DPO, not the customer's auditor, not the customer's investigator, and not the customer's representative before any authority. No professional, fiduciary, agency, partnership, joint venture, or employment relationship is created by use of the product.
If the customer needs legal advice on the establishment or operation of an internal whistleblowing channel, on responses to reports, on retention obligations, on Art. 13 GDPR notices, on the scope of D.Lgs. 24/2023 in its specific sector, on the interaction with collective bargaining or works-council obligations, or on any related matter, the customer must obtain advice from a qualified, independent professional.
No warranty of any kind
The product is provided "as is" and "as available"
To the maximum extent permitted by applicable law, BackPR and the Whispr Compliance Italy team disclaim all warranties, conditions, representations, and undertakings, whether express, implied, statutory, or otherwise, including without limitation:
- any warranty of merchantability, satisfactory quality, or fitness for a particular purpose;
- any warranty of non-infringement of third-party rights;
- any warranty of accuracy, completeness, currency, or correctness of any information made available through the product or this site;
- any warranty of suitability for any sector, jurisdiction, organisation size, risk profile, or specific factual circumstance;
- any warranty of uninterrupted, timely, secure, or error-free operation;
- any warranty that the product will detect, prevent, or document misconduct, retaliation, fraud, or any other unlawful behaviour;
- any warranty derived from a course of dealing, course of performance, trade usage, or oral or written statement of any BackPR employee, contractor, agent, partner, or representative.
No representation, oral or written, made before, during, or after the contract, modifies these disclaimers unless it is expressly set out in the signed commercial agreement and signed by an authorised representative of BackPR.
Statutory deadlines
The platform displays Art. 5 deadlines. Meeting them is the customer's job
Where the platform shows the 7-day acknowledgment deadline, the 90-day feedback deadline, or any other date, the date displayed is computed from data the platform has at that moment. It is informational and may differ from the legally correct date depending on factors known only to the customer (for example: receipt date contested by the reporter, suspension of terms, holidays specific to the customer's calendar, intervening events). If a statutory deadline is missed, that failure is the customer's failure, regardless of what the platform showed or did not show.
Anti-retaliation
The platform supports confidentiality. It does not prevent retaliation
Art. 17 D.Lgs. 24/2023 prohibits retaliation against reporters. That prohibition binds the customer organisation and its agents. Whispr's role is to support confidentiality of identity, restricted access, and audit-trail recording. Whispr does not, cannot, and does not represent that it monitors, detects, prevents, or remedies retaliatory conduct. Allegations of retaliation, defence against such allegations, and any remedy are the customer's exclusive responsibility.
Report content and reporter conduct
Whispr is not responsible for what reporters write
Reporters may submit content that is inaccurate, exaggerated, defamatory, unlawful, irrelevant, or motivated by personal animus. Whispr does not validate, fact-check, moderate, or filter report content. The customer accepts the full risk associated with handling such content, including any defamation, employment, or privacy exposure arising from receiving, storing, or acting on such content. The customer's own intake procedures, validation steps, and disciplinary safeguards (including but not limited to the customer's response to bad-faith reports under Italian law) are the customer's responsibility.
Availability, data loss, and security incidents
No guarantee of availability, no guarantee against data loss, no guarantee against breach
The product is delivered as a hosted service over the public internet. BackPR does not warrant any specific uptime, recovery-time objective, recovery-point objective, latency, throughput, or backup cadence on this page. The customer accepts that hosted infrastructure may experience outages, performance degradation, data loss, unauthorised access, or other incidents notwithstanding reasonable security measures. Where mandatory law imposes a minimum standard, that standard applies; otherwise, the customer's exclusive remedy for dissatisfaction is termination consistent with the signed agreement.
Sub-processors and third parties
Risk arising from third-party providers and integrations sits with the customer
The product relies on hosted-stack sub-processors disclosed in the subprocessors page. BackPR may change sub-processors as described in the DPA. Failures, breaches, outages, regulatory changes, or commercial actions of any sub-processor, internet service provider, transit carrier, identity provider, single-sign-on service, email-delivery provider, payment processor, certification authority, browser vendor, or device manufacturer are outside BackPR's control. The customer's own integrations (analytics, ticketing, identity, etc.) are not Whispr sub-processors and are governed exclusively by the customer's agreements with those vendors.
No AI training, no profiling, no derived analytics
Customer report content is not used to train models, and no automated decision-making is performed
Whispr does not train, fine-tune, evaluate, or benchmark any machine-learning model on customer report content. Whispr does not perform automated decision-making in the sense of Art. 22 GDPR on individual report data. Aggregate operational telemetry strictly necessary to run the service is processed under the DPA and the privacy notice. Conversely, BackPR makes no representation about the AI training or profiling practices of any sub-processor; those are governed by the sub-processor's own terms.
Indemnity by the customer
The customer indemnifies BackPR broadly
The customer shall defend, indemnify, and hold harmless BackPR, the Whispr Compliance Italy product team, and their respective affiliates, officers, directors, employees, contractors, agents, advisors, and assignees from and against any and all third-party claims, regulatory actions, investigations, fines, penalties, judgments, settlements, losses, costs, expenses, and reasonable legal fees (including expert and out-of-pocket disbursements) arising out of or in connection with, without limitation:
- the customer's use, configuration, governance, or rollout of the product;
- the customer's processing of personal data, including the customer's chosen lawful bases and the customer's privacy-notice obligations to its own users and reporters;
- the customer's handling of reports, including any acknowledgement, response, escalation, closure, or notification (or absence thereof);
- any allegation of retaliation, defamation, harassment, or unfair treatment in connection with the channel;
- any breach of the customer's own legal, statutory, contractual, or collective-bargaining obligations;
- any action by any authority — ANAC, the Garante, the Procura della Repubblica, the Guardia di Finanza, INPS, INL, sectoral supervisors, or any other body — relating to the customer's operations.
Limitation of liability
Capped, qualified, and aligned with the signed agreement
To the maximum extent permitted by applicable law:
- Aggregate cap. BackPR's aggregate liability arising out of or in connection with the product, this website, and any communications shall not exceed the lesser of (i) the fees actually paid by the customer to BackPR for the Whispr Compliance Italy product in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred euros (EUR 100). Where the signed agreement specifies a different cap, the cap more favourable to BackPR applies.
- Excluded heads of damage. In no event will BackPR be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, loss of business, loss of anticipated savings, harm to reputation, fines, penalties, regulatory exposure, third-party claims, employment-law remedies, anti-retaliation remedies, or any safeguarding or duty-of-care-related loss, even if BackPR has been advised of the possibility of such damages, and even if a stated remedy fails of its essential purpose.
- Claim window. Any claim must be commenced in writing within six (6) months of the event giving rise to the claim. After that period, the claim is permanently and irrevocably barred.
- Exclusive remedy. The customer's sole and exclusive remedy for any dissatisfaction with the product is to stop using it and to terminate consistent with the signed agreement.
- Mandatory law carve-out. Nothing in this paragraph limits or excludes any liability that cannot lawfully be limited or excluded under Italian or EU mandatory law (for example, liability for fraud, wilful misconduct, or — where applicable — death or personal injury caused by negligence). Where such liability cannot be excluded, it is limited to the minimum permitted by law.
Changes, no waiver
This page may change without notice; failure to enforce is not a waiver
BackPR may amend this page at any time by publishing a new version at this URL. Continued use of the product after publication constitutes acknowledgement. Where this page and a signed commercial agreement diverge, the document more favourable to BackPR shall prevail, except where the signed agreement explicitly overrides this disclaimer in writing. Any delay or failure by BackPR to enforce any provision is not a waiver of that provision or any other right.
Governing law and forum
Italian law; the operator's competent court
This page, the product, and any non-contractual obligation arising from or in connection with either are governed by Italian law, without regard to conflict-of-laws principles. Exclusive jurisdiction lies with the competent ordinary court at the registered office of the operator, except where the signed agreement or mandatory consumer-protection law specifies otherwise. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Where the customer is a consumer under D.Lgs. 206/2005 (Codice del Consumo), the customer's mandatory statutory rights are preserved to the extent and only to the extent required.
Severability and boilerplate
Standard saving clauses
- Severability. If any provision of this page is held invalid, illegal, or unenforceable, the remainder remains in full force, and the invalid provision is to be construed in the way that most closely approximates its commercial intent and is enforceable.
- No third-party beneficiaries. Nothing on this page creates any right enforceable by any person who is not a party to the signed agreement.
- Assignment. The customer may not assign or transfer any right or obligation arising from this page or the product without the prior written consent of BackPR. BackPR may assign at any time, including in connection with a corporate event.
- Force majeure. Neither party is liable for any delay or failure caused by events outside its reasonable control.
- Entire understanding. The signed order form, master service agreement, and DPA, together with these disclaimers, the terms, the acceptable-use policy, and the privacy notice, set out the entire agreement on the subject matter. Marketing claims, demo conversations, and prior communications are superseded.
- Language. Where any translation of this page is provided, the English version controls in case of conflict, except where applicable law requires otherwise.
Contact
Questions about these disclaimers
Privacy and contractual questions relating to this product can be sent to privacy@backpr.com. For sales or commercial questions, write to sales@backpr.com. For suspected misuse, write to abuse@backpr.com. Receipt of any of these emails does not create a contract, a fiduciary duty, an advisory relationship, or any other legal relationship beyond what is set out in the signed agreement.