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Thank you for your interest in joining THE FINALS® community playtesting program (the “program”). This is an undertaking that outlines your confidentiality obligations to Embark Studios AB (“Embark”).
In short, as a participant in the program, 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 capture images or video, stream, or share media content to the internet or on any other media external to the program. And remember that you can’t disclose that you are participating in the program or any of the playtests or surveys that occur within it.
CONFIDENTIALITY UNDERTAKING
The participant (“you”) acknowledges that during your participation in the program’s playtests and/or playtestrelatedsessions 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 program. 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 playtests or
disclosing that you are participating in the program and its test activities, unless you have received our prior
written permission. During playtests you are only allowed to communicate privately with other participants of
the playtests or through chat forums appointed by us. 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.
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 playtests, 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 the program, 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 playtesting activities and all content, progress and other achievements may be lost,
changed, or deleted by Embark at its sole and absolute discretion. Access to playtests may be interrupted or
terminated – including, but not limited to, if you are in breach of these terms. The game software includes
mandatory anti-cheat features that communicate data with Embark and our third party anti-cheat service.
While playing or using our game, you must comply with the rules set out below.
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 these terms if we believe that you are breaking or have broken any of these rules. If we choose
not to enforce in some instances, that does not constitute a waiver of our right to enforce it in other instances.
We may 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.
When you sign up to the program to participate in playtesting - and during your participation in playtests (or
playtest-related activities) - Embark may collect and process your personal data. For more information about our
processing of your personal data, see our general privacy policy at https://www.embark-studios.com/privacypolicy regarding signing up for playtesting and Appendix: PRIVACY POLICY – PLAYTESTING below
regarding the playtesting activities.
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
● Crash log – crash dump, account and machine IDs, system information (hardware and software)
● Audio information via voice chat (Discord and/or in-game VOIP) to the extent you share streams of
your play sessions with us
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 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.
For our processing of your audio information including voice we rely on your consent. We will inform you of
when we wish to listen to and/or record audio, and it is up to you if you wish to stream and thereby provide
your consent to such processing. You have the right to withdraw your consent at any time. The withdrawal of
consent does not affect the lawfulness of processing based on consent before its withdrawal
We will process the personal data only as long as necessary for the purposes set out above, and for a maximum
period of two years from the play test session.
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 thirdparty 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
In short, as a participant in the program, 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 capture images or video, stream, or share media content to the internet or on any other media external to the program. And remember that you can’t disclose that you are participating in the program or any of the playtests or surveys that occur within it.
CONFIDENTIALITY UNDERTAKING
The participant (“you”) acknowledges that during your participation in the program’s playtests and/or playtestrelatedsessions 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 program. 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 playtests or
disclosing that you are participating in the program and its test activities, unless you have received our prior
written permission. During playtests you are only allowed to communicate privately with other participants of
the playtests or through chat forums appointed by us. 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.
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 playtests, 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 the program, 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 playtesting activities and all content, progress and other achievements may be lost,
changed, or deleted by Embark at its sole and absolute discretion. Access to playtests may be interrupted or
terminated – including, but not limited to, if you are in breach of these terms. The game software includes
mandatory anti-cheat features that communicate data with Embark and our third party anti-cheat service.
While playing or using our game, you must comply with the rules set out below.
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 these terms if we believe that you are breaking or have broken any of these rules. If we choose
not to enforce in some instances, that does not constitute a waiver of our right to enforce it in other instances.
We may 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.
When you sign up to the program to participate in playtesting - and during your participation in playtests (or
playtest-related activities) - Embark may collect and process your personal data. For more information about our
processing of your personal data, see our general privacy policy at https://www.embark-studios.com/privacypolicy regarding signing up for playtesting and Appendix: PRIVACY POLICY – PLAYTESTING below
regarding the playtesting activities.
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
● Crash log – crash dump, account and machine IDs, system information (hardware and software)
● Audio information via voice chat (Discord and/or in-game VOIP) to the extent you share streams of
your play sessions with us
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 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.
For our processing of your audio information including voice we rely on your consent. We will inform you of
when we wish to listen to and/or record audio, and it is up to you if you wish to stream and thereby provide
your consent to such processing. You have the right to withdraw your consent at any time. The withdrawal of
consent does not affect the lawfulness of processing based on consent before its withdrawal
We will process the personal data only as long as necessary for the purposes set out above, and for a maximum
period of two years from the play test session.
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 thirdparty 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