Version 01.2020 (EN-EU)
Nintendo is the controller within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “GDPR”).
In order to use the Digital Product you may need to provide the country you wish your user experience to be set to. 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 collect and process information about these transactions, such as the registration of licences, purchase 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.
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 consent to 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.
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.
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.
We collect and further process the information in order to:
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.
The legal basis for the processing referred to in this Section 2.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
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.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the prevention of fraudulent and illegal activities, the protection of our systems and networks, of our services and of our users and the enforcement of our legitimate rights and rights of our users.
Online features of the Digital Product which enable you to play online with other users or to participate in online rankings are part of the Digital Product. 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. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
Apart from the aforementioned features, parts of the Digital Product may support further communication between users and the exchange of User-Generated Content. If you choose to use such parts of the Digital Product, 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. Depending on the features you use, your player history, your ranking and status may be shared between users or published online to enable the requested interaction. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
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. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
If you have consented to link your Digital Product to a network account offered by a third party (see Section 1.5.2 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 1.5.1 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.
“Usage Information” as referred to in this Section 2.4 includes all information submitted through the Digital Product as well as all information collected and processed when using the Digital Product.
We process the Usage Information for the provision of the service of the Digital Product described in Section 2.1. The legal basis for the processing referred to in this Section 2.4.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
We process the Usage Information to perform analytics and statistics of the usage of the Digital Product in order to improve and optimise the Digital Product and our products, our services and performance of our products and services.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimization of the Digital Product and of our products and performances which is to the benefit of the users.
You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right, you may at any time opt out in the “Data Collection” settings of your Digital Product.
We may also process the Usage Information for purposes of customised marketing, so that content, products and services can be tailored to meet your needs and to enable customised recommendations and offers displayed to you via the Digital Product or other online functionalities. The legal basis for this processing is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for such marketing as it avoids displaying recommendations and offers that are irrelevant for the user. Customised recommendations and offers have an increased relevance of the user and thus improve the online experience for the benefit of the user.
You have the right to object at any time to the processing of your information for such customised marketing purposes. To exercise this right, you may at any time opt out in the “Data Collection” settings of your Digital Product.
The legal basis for using security and session cookies as explained in Section 1.6.1 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
The legal basis for using Google Analytics (see above Section 1.6.2) and for analysing usage of our service is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimization of our service for the benefit of our users. You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right you may at any time opt out in the “Data Collection” settings of your Digital Product.
If you do not object to the use of Google Analytics, information received via Google Analytics may be combined with information from your Digital Product and used for the purposes as described in Section 2.4 above.
The legal basis for the processing as explained in Section 1.7 above is your consent (Art. 6 para. 1 (a) GDPR).
You can withdraw your consent to the collection and processing of location information at any time by deactivating the authorization you gave us in the settings of your device.
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 use those communications in order to process your inquiries and respond to your requests.
The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
In compliance with applicable data protection requirements, Nintendo may also use third-party data processors and may share your formation with such third-party data processors acting on Nintendo’s behalf to provide services in connection with the Digital Product. Where such third-party processors are located outside the European Union or the European Economic Area, such third-party processors are either located in a third country where the European Commission has decided that this country ensures an adequate level or appropriate safeguards for an adequate level of data protection are provided for in compliance with GDPR, such as standard data protection clauses that have been adopted by the European Commission and that have been entered into between Nintendo and the third-party data processor.
We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or – where the applicable law provides for longer storage and retention periods – for the storage and retention period required by law. After that your personal data will be deleted.
In particular, but without limitation, you may have the following rights under applicable European data protection law:
Nintendo’s European representative Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via email at firstname.lastname@example.org.
Nintendo Co., Ltd., Attn.: Data Protection Officer, 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, email@example.com.