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Tuesday, December 3, 2024
HomeUncategorizedTerms of Use and Privacy Statement

Terms of Use and Privacy Statement

Version: 1.0 – Last updated: March 19th, 2021

These are the Terms of Use, legal and privacy notices for details on how we collect, use and protect your personal information on the website, and our security issue disclosure process.

  • Privacy policy
  • Security contacts and procedures
  • Terms of use
  1. Privacy policy

This privacy policy applies to www.premortem.games and any other domain name owned and operated by PreMortem Games (Hereafter PreMortem Games).

PreMortem Games respects your privacy and is committed to protect the personal information that you share with us. We may need your personal information to provide services that you request, or you may have the option to choose to provide us with your personal information.

PreMortem Games complies with the U.S.–E.U. Safe Harbor framework and the U.S.-Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. PreMortem Games also complies with the Dutch Personal Data Protection Act (WBP) and European General Data Protection Regulation.

1.1. Information Collection

Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, credit card number, a company or home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal or product interests, photos and other information when needed to provide a service you requested.

When you browse our Website (including www.premortem.games), you do so anonymously, unless you have previously indicated that you wish PreMortem Games to remember your login and password. We might log your IP address to give us an idea of which part of our Website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged in to our Website. Like many other Websites, the PreMortem Games Website may use a standard technology called a “cookie” to collect information about how you use the site and to ensure functional operation of the website.

PreMortem Games collects Personal information when you register for a PreMortem Games account, when you use or purchase certain PreMortem Games products or services, when you register to attend a conference, seminar or trade fair or participate in an online survey, when you ask to be included in an email or other mailing list, other product promotions, or when you submit your information to PreMortem Games for any other reason. From time to time, PreMortem Games receives personal information from business partners and vendors. PreMortem Games only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.

Access to certain PreMortem Games Web pages require a login and a password. The use of those Web pages, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and PreMortem Games. Your personal information may be retained by PreMortem Games to verify compliance with the agreement, log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on those pages for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements.

1.2. How we use information collected

When personal information is collected, we will inform you at the point of collection the purpose for the collection. PreMortem Games does not intend to transfer your personal information to third parties without your consent, except under the limited conditions described below.

PreMortem Games uses information for several general purposes: to fulfill your requests for certain products and services, to personalize your experience on our Website, to keep you up to date on the latest news, product announcements, software updates, special offers or other information we think you’d like to hear about either from us or from our business partners, and to better understand your needs and provide you with better services. We may also use your information to send you, or to have our business partners send you, direct marketing information or contact you for market research. We may also use Google AdWords tracking code, or a social media pixel, to track the impact of some of our marketing programs and use this for re-targetting purposes.

If you choose to provide us with your personal information, we may transfer that information, within PreMortem Games or to PreMortem Games’s third party service providers, including across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

If you wish to change your username, email address, deactivate or delete your profile, please contact us at info@premortem.games.

1.3. Data retention period

The data you provide is used for serving you relevant content on the Website. As for newsletters, you will stay signed up until you unsubscribe.

In addition your personal information will be stored as long as needed to fulfill any legal or tax obligations. Example: invoices need to be archived for at least seven years according to European legislation.

1.4. Right to be Forgotten

If you wish to change your username, email address, deactivate or delete your profile, please contact us at info@premortem.games. If an account or profile was created without your knowledge or authorization, please contact us at info@premortem.games.

1.5. Newsletters

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Follow the unsubscribe instructions included in these emails to unsubscribe from newsletters, or you can contact us at info@premortem.games.

1.6. Surveys

We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personal information for any other purpose. We will not share the personal information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

1.7. Testimonials

With your consent we may post your personal data along with your name and photo on our website or other media. If you wish to update or delete your information, you can contact us at info@premortem.games.

1.8. Service Providers

We may provide your personal information to companies that provide services to help us with our business activities such as customer service or business matchmakers. These companies are authorized to use personal information only as necessary to provide these services.

1.9. Information sharing and disclosure

Because PreMortem Games is a global company, your personal information may be shared with other PreMortem Games offices or subsidiaries around the world. All such entities are governed by this Privacy Policy and/or are bound by the appropriate confidentiality and data transfer agreements.

Inside PreMortem Games, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where PreMortem Games, its subsidiaries, affiliates or agents are located.

PreMortem Games may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; we need to share your information to provide the product or service you have requested; we need to send the information to companies who work on behalf of PreMortem Games to provide a product or service to you or we want to keep you up to date on the latest news, product announcements, software updates, special offers or other information we think you’d like to hear about either from us or from our business partners.

1.10. Opting-out of email

If you would like to be removed from our database, you can email us at info@premortem.games. You may opt out of receiving future mailings from our mailing lists at any time. We always include a link in the footer of our emails for this purpose.

1.11. Cookies and tracking technology

Technologies such as: cookies, beacons, tags and scripts are used by PreMortem Games. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies for our shopping cart, to remember users’ settings (e.g. language preference), for authentication. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. The use of PreMortem Games applications and websites might depend on cookies being enabled for session handling.

1.12. Log files

As is true of for most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you.

1.13. Legal disclaimer

We will also disclose your personal information if required to do so by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public or our Websites, investigate fraud, or respond to a government request.

1.14. Data security

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at info@premortem.games.

1.15. Social media widgets

Our website includes Social Media Features, such as the Facebook Like button and Widgets, Share buttons or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

1.16. Third Party Websites

PreMortem Games’ website contains links to other sites. PreMortem Games  is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.

1.17. Changes to this privacy policy

We may update this privacy policy to reflect changes to our information practices.

1.18. Inquiries or Suggestions

If you have questions or concerns about our collection, use, or disclosure of your personal information, please email us at info@premortem.games.

2. Security contacts and procedures

Please report any suspected security vulnerability in a PreMortem Games product or service to the PreMortem Games team, info@premortem.games.

2.1. When to contact the PreMortem Games Team

You should contact the Team if:

  • You think there may be a security vulnerability in a PreMortem Games product or service
  • You are unsure about how a known vulnerability affects a PreMortem Games product or service
  • You want to provide feedback about our standards of service and performance.

2.2. When not to contact the PreMortem Games Team regarding security related issues

You should not contact the Team if:

  • You require technical assistance (for example, “how do I configure my firewall?” or “how do I install patches due to security alerts?”)
  • Your issue is not security related

In any of these cases, please contact technical support for your product instead.

2.3. Who reads email sent to info@premortem.games

Only members of the PreMortem Games Team, a restricted and carefully chosen group of PreMortem Games employees, will have access to materials sent to the info@premortem.games address. No outside users can subscribe to this list.

2.4. What to send

Please provide as much information about your system, the issue and the steps to reproduce the issue if possible. Never send passwords to us by email!

2.5. How we respond

Email sent to info@premortem.games is read and acknowledged with a non-automated response within three working days. For issues that are complicated and require significant attention, we will open an investigation and keep you informed of our progress.

Any information you share with us about security issues that are not public knowledge is kept confidential within PreMortem Games. It is not passed on to any third-party without your permission.

2.6. Advance notification

PreMortem Games does not provide an advance notification service.

3          Terms of Use

3.1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE

3.1.1 PreMortem Games and its affiliates provide this website to you, your employees, agents, and contractors, and any other entity on who’s behalf you accept these terms (collectively “You. You accept these terms by: (a) placing an order through this website; (b) using the website in any manner; and/or (c) acknowledging agreement to these terms. If you do not agree to all of these terms, do not use this website.

3.1.2 This website (“Website”) includes without limitation: (a) Online Support and Service Center services, and other on-line services accessible via the Website (collectively the “Services”); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (“Information”); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”). PreMortem Games software controls and operates its Websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. PreMortem Games software products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and PreMortem Games software for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard PreMortem Games software terms and conditions of sale in your jurisdiction govern purchases You make through the Website, unless You have in effect a separate valid written purchase or license agreement with PreMortem Games software for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.

3.2. YOUR OBLIGATIONS AND CONDUCT

3.2.1. In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to PreMortem Games, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.

3.2.2. You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to PreMortem Games or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. PreMortem Games reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

3.2.3. You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be PreMortem Games or someone else, or spoof PreMortem Games or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

3.3. CONFIDENTIALITY OF PREMORTEM GAMES INFORMATION

3.3.1. You may obtain access via the Website to confidential information of PreMortem Games and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence.

3.3.2. Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or PreMortem Games’s written request, You must cease use of Confidential Information and return or destroy it.

3.3.3. The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from PreMortem Games, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to PreMortem Games software adequate to afford PreMortem Games software the opportunity to object to the disclosure.

3.4. CONTENT SUBMITTED TO PreMortem Games

3.4.1 PreMortem Games does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Any Content You provide in connection with this Website shall be deemed to be provided on a non-confidential basis. PreMortem Games shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant PreMortem Games and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among PreMortem Games, its affiliates, and third-party providers of any information that You may provide on the Website.
3.4.2. PreMortem Games and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.

3.5. DELIVERY OF EMAIL

PreMortem Games will attempt to deliver all of the email that is addressed to Your email address on PreMortem Games’s Services. However, the nature of email is such that PreMortem Games software cannot guarantee delivery of such email

3.6. INDEMNITY

You agree to indemnify and hold PreMortem Games and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.

3.7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS

PreMortem Games may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. PreMortem Games reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. PreMortem Games may also delete, or bar access to or use of, all related Information and files. PreMortem Games will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. PreMortem Games may amend these Terms at any time by posting the amended terms on this Website.

3.8. ADVERTISEMENTS AND PROMOTIONS

PreMortem Games may run advertisements and promotions from third parties on the Website. PreMortem Games is not responsible or liable for any loss or damage of any sort incurred as the result of any dealings with these third parties or as the result of the presence of such non-PreMortem Games advertisers on the Website.

3.9. CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Website. You acknowledge and agree that PreMortem Games is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, products, or other materials on or available from such sites. PreMortem Games will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

3.10. INTELLECTUAL PROPERTY RIGHTS

3.10.1. Except as expressly authorized by PreMortem Games or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software PreMortem Games discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

3.10.2. “PreMortem Games Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations PreMortem Games uses in connection with its products and services. You agree to comply with the PreMortem Games Trademark and Logo Usage Requirements. You may not remove or alter any PreMortem Games Trademarks, or co-brand your own products or material with PreMortem Games Trademarks, without PreMortem Games’s prior written consent. You agree not to incorporate any PreMortem Games Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

3.10.3. PreMortem Games is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our legal department via email at: info@premortem.games.

10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by PreMortem Games on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.

3.11. DISCLAIMER OF WARRANTIES

3.11.1. Your use of the website is at your sole risk unless otherwise explicitly stated. The website, including the information, services and content (as defined in section 1.2) is provided on an “As is” “As available” and “With all faults” basis. PreMortem Games disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. PreMortem Games makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the website.

3.11.2. PreMortem Games makes no warranty or representation that: (a) the website will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.

3.11.3. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the website, including any damages resulting from computer viruses.

3.12. LIMITATION OF LIABILITY

3.12.1. to the full extent permitted by law, PreMortem Games is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if PreMortem Games has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the website; (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.

12.2 To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

3.13. PREMORTEM GAMES ‘S PRIVACY POLICY

You consent to the terms of PreMortem Games’s Privacy Policy, which is available here.

3.14. GENERAL TERMS

3.14.1. You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to PreMortem Games for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, PreMortem Games will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if PreMortem Games seeks such an injunction.

3.14.2. Dutch law governs any action related to the Terms and/or Your use of the Website. You and PreMortem Games agree to submit to the personal and exclusive jurisdiction of the courts located in Utrecht, the Netherlands.

3.14.3. Services, Content, and product derived or obtained from this Website may be subject to the Dutch export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by The Netherlands or your local laws; and (b) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the Dutch export regulations.

3.14.4. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

3.14.5. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

3.14.6. The original version of this document is written in English. If you are reading a translated version of this document, and you find a term that can be explained in multiple ways, the original document in English is leading to determine the exact meaning of such term.

3.15. Returns and Refunds Policy

3.15.1. We do not issue refunds for digital products once the order is confirmed. We recommend contacting us for assistance if you experience any issues receiving or using our products: info@premortem.games.

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