Version 9.2019 (AU/NZ)
In particular, you agree that
we may collect and store information about your person (such as country of residence, date of birth and gender); information related to the device you use (such as IP address, MAC address, serial number, internet connection settings); or information about your transactions in the Digital Product and information about the way you use the Digital Product;
we may use the collected information to provide to you content and services available via the Digital Product and, in particular, share information with other users if the Digital Product offers online communication functionalities and you have chosen to participate in them;
we may use the collected information in an aggregated form for demographical and statistical analysis so that we can improve and optimise our content, products and services;
we may use the collected information for marketing and market research purposes, so that content and services available via the Digital Product and other online functionalities can be tailored to meet your needs and to enable customised recommendations, advertising and offers displayed to you via the Digital Product and other online functionalities. You can opt out of this use of your information at any time;
Normally, Nintendo does not collect Sensitive Information (as defined in the Act) it will only do so as specifically permitted by the APPs.
we may share the collected information with other entities of the Nintendo group located in Australia, the European Economic Area and United States.
You do not have to provide Personal Information to Nintendo. However, if you choose not to, Nintendo may not be able to provide you with the parts of the Digital Product for which the Personal Information is sought.
In order to use the Digital Product, you may need to provide the country you wish your user account to be associated with, your date of birth and gender. The provision of this information is necessary to provide you with the country-specific content of the Digital Product.
To enable the connection of the device, on which you use your Digital Product, to Nintendo servers, we may collect and process technical information related to your device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to your device.
We may also collect and process information about the settings of the device you use to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the device; we may also collect screen resolution and other display preferences of the device that you use.
If you use the Digital Product to make any transactions, we may collect and process information about these transactions such as the registration of licences, purchases of items, use of items, payments and other related activities.
To enable you to enjoy all features of your Digital Product, we process the data related to your activities, such as the nickname, appearance and profile of the character representing you in the Digital Product, alphanumeric codes assigned to your Digital Product , friends and favourites that you registered, other users you played with, User-Generated Content that you uploaded, posted or otherwise made available via the Digital Product, your online presence information, and other data specific to the features of the Digital Product that you use. We may also collect your activity history data such as which features of the Digital Product you used, at what times you played, your level, score and in-game location, as well as crash reports.
To start and use the Digital Product you must create and/or link a Nintendo Account offered by Nintendo. If you link the accounts, Nintendo may collect and combine information related to your use of both such accounts. Any opt-in or opt-out settings you have chosen in your Digital Product continue to apply to your use of the Digital Product.
Nintendo may allow you to link your Digital Product to another account offered by a third party. If you choose to link the accounts, Nintendo may collect and combine information you allowed Nintendo to receive from the third party with information from your Digital Product.
Nintendo is not responsible for the use of your information that was transmitted with your consent by any third party.
Nintendo may also allow you to link your Digital Product to another account offered by Nintendo or its European affiliated companies. If you choose to link the accounts, Nintendo may collect and combine information related to your use of both such accounts.
Nintendo may combine information received via such cookies with information of your Digital Product.
The security and session cookies that we employ are necessary to provide you with the services you have requested. For example, we employ cookies that enable us to maintain your online session.
For further information please visit https://support.google.com/analytics/answer/6004245.
The Digital Product may offer services and features that require location information from your device to work correctly.
We need your consent before we can use your location information and enable features requiring location information. The Digital Product only collects and uses your location information if you have authorised this in the settings of your device and in the settings of the Digital Product.
Subject to your consent, location information from your device is sent to us if you use the relevant feature to enable the matching with other users for playing in the multiplayer mode.
We only use the location information to enable the matching with other users in the multiplayer mode, so that we can provide you with the location information based feature you have requested.
We will not show your location information to any other users.
The information we collect is used to set up the connection of your device with Nintendo servers, to enable your use of the Digital Product and to process requests that you make via the Digital Product.
If you use the Digital Product for making transactions, we process the information about the transactions you make to the extent necessary to process your orders, to provide you with the transaction history and to meet our financial and legal obligations.
Further, we may process information relating to the use of the Digital Product to prevent potentially illegal or offensive activities, to comply with our legal obligations or to enforce our rights or the rights of other users.
We may process the collected information relating to the use of the Digital Product to prevent fraud, potentially illegal or offensive activities or to enforce our rights or the rights of other users.
If you use the features of the Digital Product that support communication between users and the exchange of User-Generated Content, other users may be able to see some information about you, such as your nickname, the appearance and profile of any character representing you in the Digital Product and any User-Generated Content you submit. If you choose to use such features, your user name, game avatar, game status and/or other gameplay and ranking data are shared with other users to enable you to play online with others and to participate in online rankings. Also, depending on the features you use, your player history, your ranking and status may be shared between users or published online to enable collective playing or interaction.
If you have set up a friend list or a black list for the Digital Product, this information may be processed to make sure that your choices are respected.
If you have consented to link your Digital Product to a network account offered by a third party (see Section 2.5 above), you will become friends with other users within the Digital Product, who are your friends in the linked network account and have also consented to link their Digital Product to their network account.
By linking your Digital Product with the Nintendo Account offered by Nintendo (see Section 2.5 above), the friend list (with the nick names of your friends) registered with your Digital Product may be synchronised with any friend list registered with the Nintendo Account offered by Nintendo. The same applies if you are listed on the friend lists or black lists of other users of the Digital Product.
We may use your information in an aggregated form for demographical and statistical analysis so that we can improve and optimise the Digital Product as well as other content, products and services.
We may also use your information for marketing and market research purposes, so that content, products and services can be tailored to meet your needs and to enable customised recommendations, advertising and offers displayed to you via the Digital Product or other online functionalities. You can opt out of this use of your information at any time.
When you send an email or other communication to Nintendo, (which includes contacting us with any enquiries or opinions in the pre-registration phase and via the post-release store page), we may retain those communications in order to process your inquiries and respond to your requests.
Nintendo may disclose information about you:
Nintendo will take reasonable steps to ensure the security, integrity and privacy of the Personal Information which it collects. This includes appropriate measures to protect electronic materials and materials in hard copy.
Nintendo will take reasonable steps to assure that third parties to whom Nintendo transfers any Personal Information will provide sufficient protection of that Personal Information.
Nintendo will take all reasonable steps to ensure that your Personal Information which Nintendo collects, uses or discloses is accurate, complete and up-to-date.
You can access or correct the information you provided in the settings of your Digital Product. You can delete your information at any time by selecting “Start Fresh” (which can be found in the Digital Product by selecting “Other”), by filling out and sending an enquiry form on the Digital Product, or otherwise communicating by a method designated by Nintendo. Your data will be deleted, unless we are required or permitted to retain it by law.
Nintendo will review and investigate your complaint and communicate their findings and any proposed remedial action to you.
Nintendo Australia Pty Limited, Attn.: Privacy Compliance Officer, 804 Stud Road, Scoresby, Victoria, 3179, email@example.com