Confidentiality statement
In case of any doubt, the terms used in this statement have the meanings set out below:
“Bloober Team” means Bloober Team, a public limited company with its registered office in Kraków at Aleja Pokoju 18B, 31-564 Kraków, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0000380757, Tax Identification Number (NIP) 676-238-58-17, share capital PLN 193,092.60, fully paid up.“Confidential Information” means all information, data, documents and materials relating to Bloober Team’s projects and games, technical matters, technological, financial, economic, business, organisational, legal and other matters, including those relating to the scope of cooperation in connection with the playtesting of Bloober Team’s games, as well as other information obtained as a result of the analysis or processing of information provided concerning Bloober Team and its contractors, as well as concerning the business activities carried out by Bloober Team and its contractors, including in particular the services they provide and the products they manufacture, the projects they undertake or their achievements, communicated or otherwise disclosed by Bloober Team, by persons acting on behalf of and for Bloober Team, or by third parties, either directly or indirectly. Confidential Information within the meaning of this Agreement also includes information relating to Bloober Team provided in connection with the collaboration on playtesting.
I, the undersigned, acknowledge that:
- Confidential Information is subject to a duty of confidentiality, regardless of the manner in which it is recorded, obtained (including orally), processed, the time of its disclosure or the source from which it was disclosed;
- The obligation of confidentiality does not apply to information that is in the public domain or to information for which a duty of disclosure arises from mandatory provisions of law or decisions of public authorities;
- I am entitled to use Confidential Information solely to the extent and for the purpose for which it was provided to me, ie. solely for the purpose of participating in the playtest, testing and evaluating Bloober Team’s game;
- Bloober Team is a public company listed on the Warsaw Stock Exchange (Giełda Papierów Wartościowych w Warszawie S.A.) and is subject to the applicable regulations concerning information constituting “confidential information” as defined in Regulation (EU) (EU) No 596/2014 of 16 April 2014 on market abuse (“the MAR Regulation”);
- In the event that I breach my duty of confidentiality, I shall be liable towards Bloober Team for any damage, loss, cost, expense or liability suffered or incurred by Bloober Team as a result of such breach, in accordance with the general principles of applicable law. Bloober Team shall be entitled to pursue any and all claims and remedies available under applicable law in connection with such breach, including claims for damages, injunctive relief and any other appropriate legal or equitable remedies. For the avoidance of doubt, liability may arise in respect of each breach separately, regardless of whether such breaches occurred together or separately;
- Bloober Team shall be entitled to claim a contractual penalty of PLN 100,000 (in words: one hundred thousand zloty 00/100) and to pursue claims for damages in accordance with general principles should the value of the loss suffered by Bloober Team as a result of my breach of the
duty of confidentiality regarding Confidential Information exceed the amount of the contractual penalty. Contractual penalties are payable for each breach separately, regardless of whether the breaches occurred together or separately,
- If I disclose Confidential Information to any person in breach of my confidentiality obligations under this statement, I shall be liable for any further disclosure or use of such Confidential Information by that person, as if it were my own act or omission;
- The undertakings set out in this statement remain in force for the duration of the obligation to maintain the confidentiality of Confidential Information;
- I undertake to keep the Confidential Information confidential for a period of 2 years from the date on which I receive the Confidential Information, or until such Confidential Information becomes publicly available through no breach of this undertaking, whichever occurs earlier;
- Bloober Team will process my personal data as set out in the Annex;
- This statement shall be governed by Polish law
BLOOBER TEAM S.A. INFORMATION ON THE PROCESSING OF PERSONAL DATA(TESTERS)
We handle all information concerning you responsibly and in accordance with the law. If anything is unclear to you or raises any concerns, please contact Bloober Team’s Data Protection Officer:
iod@blooberteam.com.
- The controller of your personal data is Bloober Team S.A. with its registered office in Kraków, at Aleja Pokoju 18B, 31-564 Kraków. The controller may be contacted, among other ways, using the contact details provided above.
- Your personal data are processed for the following purposes:
- performance of the playtesting agreement to which you are a party (Article 6(1)(b) GDPR), in particular by observing your behaviour while playing games or reviewing game-related materials, conducting an interview and a survey concerning your impressions from the above study, recording and disseminating your reactions and the interview given, for the purpose of carrying out analyses aimed at improving our products and promoting them among players;
- compliance with legal obligations incumbent on Bloober Team as a party to the agreement (accounting and tax obligations) – Article 6(1)(c) GDPR;
- establishment, pursuit or defence of claims in court, administrative or other out-of-court proceedings, on the basis of our legitimate interest (Article 6(1)(f) GDPR).
Providing your data is voluntary; however, failure to provide them will prevent your participation in playtesting.
3.Access to your Personal Data may be granted exclusively to:
- duly authorised employees or associates of Bloober Team who are obliged to keep such data confidential and not to use them for purposes other than those for which Bloober Team obtained the data;
- entities supporting us in the provision of services, on the basis of appropriate personal data processing entrustment agreements, such as email platforms, providers of marketing services, ICT services or tools used for communication (messengers);
- providers of legal, advisory, accounting and tax services;
- providers of audit services;
- security companies;
- postal operators and courier companies;
- insurers and entities providing archiving services;
- companies from the capital group of which Bloober Team is a member.
From time to time, some of the entities providing solutions to us may be established outside the European Economic Area (EEA). Whenever data are transferred outside the EEA, we apply the required safeguards, including standard data protection clauses adopted pursuant to a decision of the European Commission. You have the right to obtain a copy of the safeguards we apply to the transfer of personal data to a third country by contacting us.
Bloober Team may share your information with Lions Gate Entertainment Inc. (“Lionsgate”), which will use such information in accordance with its own independent privacy policy, located at
https://www.lionsgate.com/legal/privacy-policy.
4.Your personal data concerning playtests, including recordings, interviews, survey results and detailed data concerning our agreement, will be processed for the duration of the agreement and usually for approximately 7 years after its termination/expiry, due to tax regulations and the limitation period for certain claims.
These periods may be extended accordingly, to the extent necessary, in the event of any claims and court proceedings, for the duration of such proceedings and their settlement.
Due to the possibility of disseminating your image in accordance with our agreement, your personal data may be available in media such as the Internet indefinitely; for this reason, the catalogue of recipients is unlimited.
5.Your rights in connection with the protection of personal data
- the right of access to data;
- the right to rectification of data;
- the right to erasure of data or restriction of their processing;
- the right to data portability;
- the right to object to processing to the extent that the legal basis for processing is a legitimate interest;
- the right to lodge a complaint with a supervisory authority. A list of local authorities responsible for personal data protection in the European Union and their contact details is available at: https://edpb.europa.eu/about-edpb/board/members_en. In Poland, the competent authority is the President of the Personal Data Protection Office. A detailed description of the procedure for lodging a complaint with the Polish Personal Data Protection Office is available at: https://uodo.gov.pl/pl/83/155. However, we encourage you to contact us first.
