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Thank you for your interest in joining our playtest! As a participant in the playtest and/or playtest-related sessions or surveys (“you”), you will gain access to material and services of Embark Studios AB (“Embark” or “we”) that are still in development. Your participation is important to us and all of your feedback will be appreciated. Please read these terms carefully, as this is a binding contract.
THE FINALS® CLOSED BETA PLAYTEST 2023
TERMS OF USE
You must be at least 16 years of age to play
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.
You CAN talk about your experience
You are free to talk about, stream and share your thoughts about the playtest including e.g. on platforms such as Discord and on other social media, provided you do not include (i) information that we explicitly state you are not allowed to share or (ii) information enabling individuals who are not participating in the playtest to access the playtest. You are not allowed to disclose or share the playtest software.
The game is still likely to change as we keep evolving it
The game that we are testing is still in development, and we will try different functions and features. While we hope you will enjoy it, please recognize that you will likely encounter bugs and frustrations. Your character, customization, progress, unlocks and other achievements may be lost, changed, or deleted, either as a consequence of the game not functioning as it should, or by Embark at its sole discretion. Access to the playtest also may be interrupted or terminated including, but not limited to, if you are in breach of these terms.
You have a license to play
We, or our licensors, own all rights in our game, including all intellectual property rights. When you use our game, you are doing so under a license granted by us. The license is a limited, personal, non-transferable, non-sublicensable, revocable, non-exclusive right to install and play our game and use its content (including but not limited to virtual currency, entitlements and items) during the playtest. Virtual currency has no real-world value.
Any other use of our game requires our prior permission.
We may use your feedback
When you provide feedback about the game, Embark may use it as we see 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. We may also use material from the playtest for promotional purposes in relation to the game and Embark.
You must play within our rules
While playing, streaming or using our game, you must comply with the rules set out in this section.
You must at all times:
● comply with these terms 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 these terms 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 end this contract, 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.
Using our communications features
Our game contains features that allow you to communicate with others via in-game voice chat. All communications that you send through our game must comply with our rules set out above. We may test tools that give you the ability to report users who abuse our communication features as well as the ability to mute any user you no longer wish to hear.
We may (but are not obliged to) monitor, filter, modify, block and/or remove communications that we believe do not comply with these terms. However, please bear in mind that we are unable to control every communication that our users share. Therefore, you may be exposed to communications from other users that you dislike.
No cheating
When anyone cheats, they get an unfair advantage that can ruin the game for everyone else. The game software includes mandatory anti-cheat features that share data with Embark and our third-party anti-cheat service. You must not attempt to disable, circumvent, or tamper with any of our anti-cheat technology.
You must not use any programs, methods, or other processes, including hacks, macros, bots, aimbots, and duping, that give you or others a competitive advantage within our game. All of these, and anything similar that gives you an unfair advantage, constitutes cheating. You are not allowed to develop, share, use, or encourage the use of cheating. Additionally, you may not decrypt or modify any data transmitted between the game software and our game servers.
Photosensitivity warning
A small percentage of individuals may experience seizures when exposed to certain visual images including flashing lights or patterns, even with no history of seizures or epilepsy. Immediately stop playing and consult a doctor if you experience any symptoms.
Our responsibility for loss or damage to you is limited
We are not responsible for any computer crashes or loss of data as a result of your participation in the playtest. You assume all risks and costs associated with the playtest, including, without limitation, any internet access, hardware costs, and any damage to any equipment, software, information, or data. If you are unhappy with the game experience, your sole remedy is to discontinue participating in the playtest.
To the fullest extent permitted by law, you agree that we are not liable for any direct, indirect, or other damages arising in connection with the use of the game during the playtest. Our game is only for personal and private use, and we are not liable for business losses. The maximum aggregate liability of Embark for all damages, losses and causes of action is USD 50.
These terms may change
We reserve the right to change or modify these terms at our discretion. If we do so, we will make an effort to notify you of any such changes, including through our Discord channel. If you do not wish to accept any changes or modifications to these terms, you may refuse to accept them but will be denied further access to the playtest.
Swedish law applies
These terms are governed by Swedish law. Mandatory statutory consumer regulations according to the law of the country where you live shall remain unaffected.
Information about personal data processing below
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
1. 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.
2. CONTROLLER
Controller: Embark Studios AB
Corporate identification number: 559172-3019
Address: Kungsträdgårdsgatan 16
111 47 Stockholm
E-mail: privacy@support.embark-studios.com
3. 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 (which is automatically generated) 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
● Audio information via in-game voice chat
● Crash log – crash dump, account and machine IDs, system information (hardware and software)
4. 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.
5. 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 (with the exception of audio information that is not processed for this purpose) 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 six months after the release of the final game.
6. 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.
7. TRANSFERS TO THIRD COUNTRIES
In addition to processing personal data within the EU/EEA, our service setup requires certain transfers to third countries including server hosting (US, Taiwan, Japan or Korea, depending on user location), 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.
8. 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.
THE FINALS® CLOSED BETA PLAYTEST 2023
TERMS OF USE
You must be at least 16 years of age to play
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.
You CAN talk about your experience
You are free to talk about, stream and share your thoughts about the playtest including e.g. on platforms such as Discord and on other social media, provided you do not include (i) information that we explicitly state you are not allowed to share or (ii) information enabling individuals who are not participating in the playtest to access the playtest. You are not allowed to disclose or share the playtest software.
The game is still likely to change as we keep evolving it
The game that we are testing is still in development, and we will try different functions and features. While we hope you will enjoy it, please recognize that you will likely encounter bugs and frustrations. Your character, customization, progress, unlocks and other achievements may be lost, changed, or deleted, either as a consequence of the game not functioning as it should, or by Embark at its sole discretion. Access to the playtest also may be interrupted or terminated including, but not limited to, if you are in breach of these terms.
You have a license to play
We, or our licensors, own all rights in our game, including all intellectual property rights. When you use our game, you are doing so under a license granted by us. The license is a limited, personal, non-transferable, non-sublicensable, revocable, non-exclusive right to install and play our game and use its content (including but not limited to virtual currency, entitlements and items) during the playtest. Virtual currency has no real-world value.
Any other use of our game requires our prior permission.
We may use your feedback
When you provide feedback about the game, Embark may use it as we see 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. We may also use material from the playtest for promotional purposes in relation to the game and Embark.
You must play within our rules
While playing, streaming or using our game, you must comply with the rules set out in this section.
You must at all times:
● comply with these terms 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 these terms 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 end this contract, 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.
Using our communications features
Our game contains features that allow you to communicate with others via in-game voice chat. All communications that you send through our game must comply with our rules set out above. We may test tools that give you the ability to report users who abuse our communication features as well as the ability to mute any user you no longer wish to hear.
We may (but are not obliged to) monitor, filter, modify, block and/or remove communications that we believe do not comply with these terms. However, please bear in mind that we are unable to control every communication that our users share. Therefore, you may be exposed to communications from other users that you dislike.
No cheating
When anyone cheats, they get an unfair advantage that can ruin the game for everyone else. The game software includes mandatory anti-cheat features that share data with Embark and our third-party anti-cheat service. You must not attempt to disable, circumvent, or tamper with any of our anti-cheat technology.
You must not use any programs, methods, or other processes, including hacks, macros, bots, aimbots, and duping, that give you or others a competitive advantage within our game. All of these, and anything similar that gives you an unfair advantage, constitutes cheating. You are not allowed to develop, share, use, or encourage the use of cheating. Additionally, you may not decrypt or modify any data transmitted between the game software and our game servers.
Photosensitivity warning
A small percentage of individuals may experience seizures when exposed to certain visual images including flashing lights or patterns, even with no history of seizures or epilepsy. Immediately stop playing and consult a doctor if you experience any symptoms.
Our responsibility for loss or damage to you is limited
We are not responsible for any computer crashes or loss of data as a result of your participation in the playtest. You assume all risks and costs associated with the playtest, including, without limitation, any internet access, hardware costs, and any damage to any equipment, software, information, or data. If you are unhappy with the game experience, your sole remedy is to discontinue participating in the playtest.
To the fullest extent permitted by law, you agree that we are not liable for any direct, indirect, or other damages arising in connection with the use of the game during the playtest. Our game is only for personal and private use, and we are not liable for business losses. The maximum aggregate liability of Embark for all damages, losses and causes of action is USD 50.
These terms may change
We reserve the right to change or modify these terms at our discretion. If we do so, we will make an effort to notify you of any such changes, including through our Discord channel. If you do not wish to accept any changes or modifications to these terms, you may refuse to accept them but will be denied further access to the playtest.
Swedish law applies
These terms are governed by Swedish law. Mandatory statutory consumer regulations according to the law of the country where you live shall remain unaffected.
Information about personal data processing below
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
1. 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.
2. CONTROLLER
Controller: Embark Studios AB
Corporate identification number: 559172-3019
Address: Kungsträdgårdsgatan 16
111 47 Stockholm
E-mail: privacy@support.embark-studios.com
3. 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 (which is automatically generated) 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
● Audio information via in-game voice chat
● Crash log – crash dump, account and machine IDs, system information (hardware and software)
4. 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.
5. 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 (with the exception of audio information that is not processed for this purpose) 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 six months after the release of the final game.
6. 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.
7. TRANSFERS TO THIRD COUNTRIES
In addition to processing personal data within the EU/EEA, our service setup requires certain transfers to third countries including server hosting (US, Taiwan, Japan or Korea, depending on user location), 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.
8. 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.