Thank you for your interest in joining our playtest. This is an undertaking that outlines your confidentiality obligations to Embark Studios AB (“Embark”).
In short, as a participant in the playtest, you will gain access to confidential material and services, which are still in development. Your participation is important to us and all your feedback will be appreciated. You agree not to talk about the playtest or capture images or video, stream, or share media content to the internet or on any other media external to the playtest.
TECH TEST TERMS OF SERVICE
The participant (“you”) acknowledges that during your participation in playtests and/or playtest-related sessions or surveys (the “Purpose”) you may learn – or Embark may disclose to you – certain Confidential Information (defined below) and that this undertaking governs any such information.
You need to be at least 16 years of age to participate in the playtest. If you are over 16 but under 18, you can only participate if you have the consent of a parent or legal guardian.
“Confidential Information” means any information including but not limited to information regarding Embark, its products and services in development, and any and all other technical, financial, commercial and organizational information and data, in any form whatsoever, except information that (i) is or becomes available to the public other than by breach of this undertaking, (ii) you can show was in your lawful possession before receiving it from Embark, (iii) you receive from a third party without disclosure restraints and without a breach of a confidentiality obligation by such third party, (iv) Embark has in writing consented to being disclosed prior to disclosure, or (v) you are required to disclose by law or pursuant to order of any court, tribunal or other competent authority.
You undertake to hold the Confidential Information in strict confidence and not to disclose the Confidential Information to any third parties including, without limitation, sharing images and/or videos from the playtest or disclosing that you are participating in the playtest, unless you have received our prior written permission. You may disclose that you are participating with anyone you plan to invite using a “playtest with friends” key, if applicable. During the playtest you are only allowed to communicate privately with other participants of the playtest. You agree to treat any such communication as Confidential Information in accordance with this undertaking.
You further undertake to not use the Confidential Information for any other purpose than the stated Purpose.
For the avoidance of doubt - if, and to the extent that, Embark publicly releases its own content from the playtest (the “Official Video”), you may comment on and share your impressions based on that specific Official Video, provided that you do not disclose any additional Confidential Information. Any other media content, images, or video captured by you during the playtest remains strictly confidential. Content creators may create their own commentary or reaction videos using Embark’s Official Video, but they may not include their own gameplay recordings or footage that has not been shared publicly by Embark.
The Confidential Information is owned by Embark and/or its licensor(s) and nothing in this document shall be construed as granting any rights to any of the Confidential Information. If you choose to provide feedback about the playtest, Embark may use it as it sees fit without obligation or restriction. Furthermore, you acknowledge and agree that no compensation is due or will be provided to you for any feedback provided by you and that no relationship of employment or consultancy is created between you and Embark as a result of your participation in our playtesting and any related sessions or surveys. You agree to treat any feedback between you and Embark as Confidential Information in accordance with this undertaking.
Upon Embark’s request you shall immediately return or destroy all Confidential Information, if applicable. The Confidential Information is provided “as is” and Embark makes no warranties as to the accuracy or completeness of it. You are participating in a playtest and all content, progress and other achievements may be lost, changed, or deleted by Embark at its sole and absolute discretion. Access to the playtest may be interrupted or terminated – including, but not limited to, if you are in breach of this undertaking including the rules set out below.
You must play within our rules
While playing and participating in the playtest, you must comply with the rules set out in this section.
You must at all times:
comply with this undertaking and all applicable laws, rules and regulations.
respect the rights and dignity of others.
You must not do any of the following:
post, link to, advertise, promote, or transmit anything that is illegal, offensive, harmful, abusive, sexist, racist, homophobic, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive, or that promotes or criticizes any political or religious groups or world views.
use any team- or username in breach of this undertaking including the rules in this section.
bully, threaten, stalk or otherwise harass other users, our employees, representatives or agents.
impersonate anyone else.
misrepresent your affiliation with us, our affiliates, our service providers, our licensors and/or anyone else.
post, link to, or transmit anything that infringes our rights, or anyone else's rights, including any intellectual property rights of us or another person or company, or anyone else's privacy rights, or anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
anything that harms children.
anything that is fraudulent or misleading.
delete or change any author attributions, legal notices or proprietary designations or labels that you upload to or through any of our communication features.
anything that might interfere with, disrupt, delay or adversely affect our game, or attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.
modify, or attempt to modify, any part of any of our game including, without limitation, any game client and/or server.
arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using our game, or make any attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which our game is/are operated.
exploit any bug or cheat to give you or other users a competitive advantage within our game or communicate the existence of any such exploitable bug directly, indirectly and/or through public posting, to any other users of our game. We appreciate if you report any such bugs to us.
attempt to play our game on any server that is not controlled or authorized by us.
create, use or provide any server emulator or other site where our game may be played or post or distribute any utilities, emulators or other software tools related to our game without our express written permission.
post, link to, or transmit any kind of unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of commercial or non-commercial solicitation.
disclose another person's personal information without that person’s consent.
interfere with, degrade, harm or disrupt the operation of our game or our servers or networks used to make such websites and game available, or violate any requirements, procedures, policies or regulations of such networks.
restrict or inhibit any other person from using our game (including, without limitation, by hacking, cracking or defacing any portion of any websites or game).
reproduce, copy, modify, adapt, translate, sell, resell, make available, link to, or exploit for any commercial purposes, any aspect of our game including but not limited to your account.
copy any aspect of our game, or create any digital content or services that appear to be related to our game, for example, by reference to the characters or similar characters, features, or themes, or by copying the appearance, or the look and feel of our game.
encourage others to breach these terms including the rules in this section.
We will enforce this section if we believe that you are breaking or have broken any of these rules. If we choose not to enforce this section in some instances, that does not constitute a waiver of our right to enforce it in other instances.
We may terminate your participation, deactivate or add limitations to your account, change your content and/or suspend your access to use the game if you breach any of these terms.
This undertaking is governed by Swedish law and remains in force for five (5) years following the relevant date of disclosure of Confidential Information; however, the undertaking shall continue indefinitely for any information that would be considered a trade secret under applicable law.
During your participation in the playtest (or playtest-related activities) Embark may collect and process your personal data. For more information about our processing of your personal data, see appendix: Privacy Policy – Playtesting below.
PRIVACY POLICY - PLAYTESTING
INTRODUCTION
With this information text, Embark Studios AB ("Embark"/"we") intends to fulfill our transparency obligations under the General Data Protection Regulation (the “GDPR”) and any other applicable privacy laws. An important aspect of this obligation is to inform individuals of what personal data we collect and how we process that personal data.
CONTROLLER
Controller: Embark Studios AB
Corporate identification number: 559172-3019
Address: Kungsträdgårdsgatan 16
111 47 Stockholm
Sweden
E-mail: privacy@support.embark-studios.com
WHAT PERSONAL DATA DO WE COLLECT AND PROCESS WHEN YOU PARTICIPATE IN A PLAYTEST
This Privacy Policy provides information about Embark’s collection and processing of your personal data when you participate in a playtest.
Categories of personal data processed by Embark:
Surveys, text or other written material you provide during or in connection with the playtest, to the extent such information includes your personal data
Technical logs of your game sessions during the playtest:
identifiers such as Embark ID and Steam IDs;
persona name and avatar you have chosen to represent you on Steam, to the extent such information includes your personal data; and
IP address
Crash log – crash dump, account and machine IDs, system information (hardware and software)
Email address
ACCESS
Embark collects the personal data directly from you and, to the extent you have included personal data in your public Steam Profile, from Valve Corporation (Steam), including Steam IDs, persona name and avatar.
We also collect personal data during your game sessions. The provision of personal data is necessary for us to be able to process and use insights from the playtest and the feedback you provide.
FOR WHAT PURPOSES AND ON WHAT LEGAL BASIS DO WE PROCESS PERSONAL DATA, AND FOR HOW LONG DO WE KEEP IT?
We process the personal data in order to maintain and provide the game to you during the playtest as requested by you (Art. 6 (1) (b) GDPR and similar provisions under other relevant privacy laws).
We will also process the personal data in order to analyze and use the feedback you provide and insights from the playtest and understanding the level of recurring users (Art. 6 (1) (f) GDPR and similar provisions under other relevant privacy laws). The legitimate interest of Embark is to further develop and enhance our games, based on feedback from you and the playtest.
We will also process the personal data in order to analyze and manage crashes. If a crash occurs, we will ask for your consent to submit a crash report. You may at any time withdraw your consent, which shall not affect the lawfulness of processing based on consent before the withdrawal.
We will process the personal data only as long as necessary for the purposes set out above, and for a maximum period of twelve months after the release of the final game. After this period, we will no longer be able to confirm your participation in the playtest or grant you any in-game items awarded for playtesting, if applicable.
WHO CAN WE SHARE PERSONAL DATA WITH?
Suppliers to Embark - In order for us to be able to fulfill our commitments, we transfer personal data to third-party service providers of various IT services. The suppliers to whom Embark discloses personal data will only process the personal data for the purposes mentioned in this Privacy Policy. Embark has entered into data processing agreements with its suppliers that meet the requirements of applicable data protection laws.
For the avoidance of doubt, Embark will not sell your personal data, use it to market any products not distributed by Embark or communicate with you in a manner that is contrary to your preferences as communicated by you.
TRANSFERS TO THIRD COUNTRIES
In addition to processing personal data within the EU/EEA, our service setup requires certain transfers to third countries/regions including server hosting (US and Taiwan), crash reporting service (US, subject to your prior consent) and use of Nexon Group’s IT services (Korea).
In any transfer of personal data outside the EU/EEA, Embark will always observe applicable data protection laws regarding transfers to third countries. Embark will only transfer personal data to a country outside the EU/EEA provided that (i) the third country ensures an adequate level of protection of personal data under a decision issued by the EU Commission, (ii) Embark ensures that appropriate security measures are in place according to applicable data protection laws, or (iii) if any other exception exists under applicable data protection legislation.
RIGHTS
According to the GDPR and other data protection laws, you have the right to request:
Information from Embark about what personal data we collected, from what source and how we process that personal data, and in such case request access to your personal data in the form of an extract from the register
Correction of incorrect or incomplete personal data
Deletion of your personal data in some cases, e.g. if your personal data is no longer necessary for the purposes for which they were collected
Objection to processing that relies on legitimate interests on grounds relating to your particular situation or where we process your data for direct marketing purposes
Withdraw your consent at any time where we process your personal data based on your consent
Restriction of the processing of your personal data meaning that you request Embark to limit its processing of your personal data under certain circumstances
Receipt and transfer of personal data to you or another controller in some cases (data portability, determined by jurisdiction)
If you are in the EU/EEA, you also have the right to lodge complaints regarding the processing to the Swedish Authority for Privacy Protection or other competent supervisory authority within the EU. When requesting access to your personal data, please contact Embark at e-mail: privacy@support.embark-studios.com
If you are in California you have the right to lodge a complaint with the California Attorney General, see
https://oag.ca.gov/contact/consumer-complaint-against-business-or-company, for more details.