This is logical fallacy.
I'm pretty sure this ad was made by one of their employees who are LGBT (or at least consulted). As far as I know they handle it that way.
A couple of days ago there was pride parade in Warsaw and a lot of CDPR employees took part in it.
That's awesome, thank you for sharing! What makes you so sure that the person that created the artwork are LGBTQ+?
I think most of the concern comes behind the management and how there's been very little dialogue between the CDP Group and the LGBTQ+ community in the wake of the transphobic tweets, non-apology and no apology. You're right that when cast with a stark light there's picking of a logical fallacy but really it's just phrasing.
They've given very little incentive for people to give them the benefit of the doubt with these issues, yet a number to the adverse, casting doubt whether they're able to handle these topics with the nuance they require. They are more than aware of that as well, they're the one that have received the reaction. So when the next thing that crops up is that advert, it's really not surprising for people to be suspect of its intent. This isn't following in the wake of a well fleshed out trans or non-binary character, this is coming off the back of transphobic comments and a lack of willingness in mending that bridge.
I don't feel the onus is on the community to give
any breathing room to them on problematic or potentially-problematic content. Rather it's them that should be writing blog posts about their character development and how they're addressing gender in the Cyberpunk landscape, knowing all too well that they've handled those topics poorly in the past.