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Nintendo Account Privacy Policy
Nintendo Account Privacy Policy
Version: 11.2022 (EN-EU)
Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan ("NCL") and Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany ("NOE") respect the privacy rights of their users and recognise the importance of protecting their personal data.
This Nintendo Account Privacy Policy (the "Privacy Policy") provides information relating to the collection, processing, use and privacy of information you submit through the Nintendo Account. The information will primarily be collected by NCL. However, if you are in contact with NOE, in particular if you use the Nintendo Shopping Services to acquire Digital Products from NOE or to register licenses for Digital Products, information will be collected by NOE. Each of NCL and NOE shall solely be responsible for their own data processing activities under this Privacy Policy and NCL and NOE shall each be, with regard to their own data processing activities, the controller as defined by the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – "GDPR"). NCL and NOE do not jointly determine the purposes and means of the data processing.
NOE and NCL are together and individually referred to as "Nintendo" or "we" or "our".
Words and expressions in this Privacy Policy have the same meaning as in the Nintendo Account Agreement.
1 Personal Data of Children
If you – as the holder of parental responsibility – register a Nintendo Account on behalf of your child, the personal data of your child is collected, processed and used in accordance with this Privacy Policy. Where your child is below the age of 16 years and where the legal basis for the processing of the personal data is a consent pursuant to Art. 6 para. 1 (a) GDPR, consent must be given or authorised by you as the holder of parental responsibility and via the parental consent mechanism provided for by Nintendo.
2 What Information We Collect and Process
2.1 Information about Your Person
For the registration of your Nintendo Account NCL will collect your email address, country of residence, date of birth and gender. You are also required to set up a user name. The provision of this information is necessary to register a Nintendo Account and to use the Nintendo Account Service.
2.2 Information Related to Your Use of Nintendo Shopping Services
In order to use Nintendo Shopping Services (e.g. to purchase Digital Products from NOE, to upload funds to your wallet, to register licences for Digital Products), the information about your person will be shared with NOE. Depending on the payment method you choose, you may need to provide payment data to NOE to enable the transaction. If you pay by credit card, you need to provide credit card information (credit card number, expiration date and security code) to NOE to enable the transaction.
NOE collects and processes information about the transactions made via the Nintendo Shopping Services, such as the registration of licences, purchase of Digital Products, use of items, payments, upload of funds and other related activities.
NOE may also collect and process information about the way you use the Nintendo Shopping Services, such as which Digital Products you view or register on your wish list, which sections of the Nintendo Shopping Services you visit, how you navigate in the Nintendo Shopping Services as well as recommendations and game ratings made by you.
2.3 Information about the User Device
To enable the connection of the User Device to Nintendo servers, we may collect and process technical information related to your User Device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to your User Device or assigned to the applications you use.
We may also collect and process information about the settings of the User Device to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the User Device; we may also collect and process screen resolution and other display preferences of the User Device.
2.4 Information Related to Your Use of the Nintendo Account Service
To enable you to enjoy content, products and services available within the Nintendo Account Service, NCL processes data related to your activities, such as the user name and alphanumeric codes assigned to your Nintendo Account; the name, appearance and profile of the Mii character that represents you in the Nintendo Account Service; nicknames and IDs that you use in various applications; friends and favourites that you registered; Nintendo Account users you played with; User-Generated Content that you uploaded, posted or otherwise made available in the Nintendo Account Service; your online presence information; and other data specific to games and applications that you use.
We may also collect your activity history data such as what games you played and what applications you used on your User Device, at what times you played games or used applications, your current level, score and in-game location, information you submitted when participating in surveys and crash reports.
2.5 Linking Your Nintendo Account to Other Accounts
NCL may allow you to link your Nintendo Account to an account offered by a third party. If you consent to link the accounts, NCL may collect and combine information you allowed NCL to receive from a third party with information of your Nintendo Account.
If the linking of the accounts requires the transmission of information about your person from NCL to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. Your information will be treated by a third party in accordance with the privacy policy of any such third party.
NCL is not responsible for the use of your information that was transmitted with your consent by any third party.
NCL may also allow you to link your Nintendo Account to another account offered by NCL, NOE or NCL's European affiliated companies. If you consent to linking the accounts, NCL may collect and combine information related to your use of any such accounts and your data will be treated in accordance with the applicable privacy policy of any such other account that you have accepted.
2.6 Cookies and Similar Technology
2.6.1 General Information
Digital Products and online content offered by Nintendo may use cookies and other similar technologies. Cookies are small files downloaded to your device. Cookies help us to ensure the safety and smooth functionality of our services (security cookies and session cookies) and to collect information about the preferences of users in order to make our online offers more attractive for users (tracking cookies).
The security and session cookies that we serve are necessary to provide you with the Nintendo Account Service you have requested. For example, we serve cookies that enable us to authenticate you when you use the Nintendo Account Service and to maintain your online session. We also serve cookies that enable us to remember any language preferences you have chosen so that we present the Nintendo Account Service in your preferred language. NOE also serves cookies that are required in order to make the shopping basket function available to you in Nintendo Shopping Services.
Some of our online features you can use with your Nintendo Account via web access or on your User Device may use security services. These services use security session cookies to generate log files to (i) improve the delivery of the online features in a fast, reliable and secure manner, (ii) perform security analytics and to (iii) prevent unauthorised access. The log files generated may include IP addresses and online activity and measurement data associated with your use of the online features.
Apart from cookies that are necessary for the provision of our services, Digital Products and online content offered by Nintendo may use tracking cookies. If we use tracking cookies, we will inform you about the use of and details of such tracking cookies and describe the available options to enable or disable such tracking cookies in the respective privacy policies.
2.6.2 Google Analytics
Our Digital Products and/or online features use Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google Ireland"). Google Analytics uses cookies that are stored on the device you use and facilitate the analysis of your use of the Digital Products and the online features. The information generated by the cookie about your use of the Digital Products and the online features may be transmitted to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google") and stored by Google on servers located in the United States. If IP anonymisation has been activated, the IP address of users located within a country of the European Union or in other states contracting to the Agreement on the European Economic Area will be shortened. Only in exceptional cases will a complete IP address be transferred to a server by Google in the United States and shortened there. IP anonymisation is activated. On our behalf, Google Ireland will use this information for the purpose of evaluating the Digital Products and the online features for us, in order to compile reports on the activity on the Digital Products and the online features, and to provide other services relating to the activity and internet usage for us. Google Ireland will not associate the IP address transferred in the context of Google Analytics with any other data held by Google Ireland.
For further information please visit support.google.com/analytics/answer/6004245?hl=en.
2.6.3 Google reCAPTCHA
Some of our online features you can use with your Nintendo Account via web access or on your User Device may also use the service Google reCAPTCHA. This service is provided by Google Ireland.
reCAPTCHA is used to check whether the data entered in the respective online feature has been entered by a human or by an automated program. reCAPTCHA analyzes the user's behavior based on various characteristics, e.g. IP address, duration of the visit of the feature or the user's mouse movements. The analysis starts automatically as soon as the user enters the respective subpage of the online feature where reCAPTCHA is used.
Google Ireland may transfer the data collected via reCAPTCHA to Google in the United States.
For further information about reCAPTCHA please visit www.google.com/recaptcha/about/.
2.6.4 Device Fingerprint
Some of our online features collect specific information about the User Device, such as browser version and size of the screen, in order to recognize individual User Devices.
3 How Information Is Used – Purposes of Processing
3.1 Providing the Service
We collect and further process the information we collect in order to:
Register your Nintendo Account and to provide you with access to your Nintendo Account and the Nintendo Account Service;
Set up the connection of your User Device and applications on your User Device with Nintendo servers;
Provide you content, products and services available via the Nintendo Account Service and to enable your participation in activities supported by the Nintendo Account Service;
Process orders and requests that you make via the Nintendo Account Service; and
Provide consumer support and repair services (including hardware and repair services for User Devices manufactured by Nintendo).
If you use Nintendo Shopping Services, NOE processes the information about the transactions you make and about the registration of licenses to the extent necessary to process your orders, to register your licenses, to provide you with your transaction history and receipts and to meet NOE's financial and legal obligations. If you use a credit card in the Nintendo Shopping Services, NOE processes your credit card data to conduct the payment. In order to allow that you do not need to re-enter your credit card details for your next transaction, NOE offers you the option to store your credit card details as an additional service. NOE will store the number of your credit card separately according to the rules issued by the credit card provider.
If you use a credit card, Adyen N.V., Simon Carmiggeltstraat 6 - 50, 1011 DJ Amsterdam, The Netherlands, provides acquiring services. Adyen B.V. accepts payments on behalf of us and then transfers the payments made by you to us. To conduct the payments, your credit card data and information related to your transaction is transferred to Adyen B.V.
NOE also offers you the option to link a PayPal account with your Nintendo Account in order to allow you to use it for future transactions. If you choose to link a PayPal account, the country setting of your PayPal account, your first and last name for the PayPal account, your payer ID as well as the email address you use with the PayPal account are transferred from PayPal to NOE. NOE uses this information for identification purposes to conduct customer support.
After linking your Nintendo Account with PayPal and when you use PayPal to conduct a transaction, Nintendo will share internal identifiers and information about the transaction with PayPal. PayPal requires this data to conduct the transaction you have requested.
The legal basis for the processing referred to in this Section 3.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
If you use the additional service to store your credit card data and if your stored credit card has expired or has changed, the following applies: In case the issuing bank of your credit card offers an credit card account update service and in case you have authorised your issuing bank, NOE may receive updated credit card information. This minimises the rejection of card payments when credit card data expires or changes. NOE receives such updated credit card data based on the consent you have given your issuing bank (Art. 6 para. 1 (a) GDPR) and uses such updated credit card data for the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.2 Fraud Prevention and Prevention of Other Illegal Activities
We may process the collected information as far as necessary to prevent fraud, potentially illegal or offensive activities, or to enforce our rights or the rights of our 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, the Nintendo Account Service, the Nintendo Shopping Services and of our users; and the enforcement of our legitimate rights and rights 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 contact us as provided in Section 9 of this Privacy Policy.
3.3 Communication and Interaction in the Nintendo Account Service
Online features of games or of other applications which enable you to play online with other users or to participate in online rankings are part of Nintendo Account Service. If you choose to use such features, your user name, game status and other game play and ranking data, name and appearance of a Mii character representing you in the Nintendo Account Service, country and /or a game avatar 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 online features, parts of the Nintendo Account Service may support further communication between users and the exchange of User-Generated Content. If you choose to use such parts of the Nintendo Account Service, other users may be able to see some information about you, such as your Nintendo Account, name and appearance of a Mii character representing you in the Nintendo Account Service, Mii profile information, country and any User-Generated Content you submit. Depending on the application you have chosen to use in Nintendo Account Service, your player history, your ranking and status, name of your favourite application or the most recent application that you used, your age or your online 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 a friend list or a blocked list registered with your Nintendo Account, this information may be processed by a game or application that you play 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 Nintendo Account to an account offered by Nintendo or a third party (see Section 2.5 above), you will be suggested to other users within Nintendo Account, who are your friends in the linked account and have also consented to link their Nintendo Account to the other account. If you have consented to link your Nintendo Account to another account offered by Nintendo (see Section 2.5 above), the friend list (with the nicknames of your friends) registered with your Nintendo Account may be synchronised with any friend list registered with the other account offered by Nintendo. The same applies if you are listed on the friend lists or blacklists of other Nintendo Account users. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.4 Usage Information
"Usage Information" as referred to in this Section 3.4 includes all information submitted through Nintendo Account as well as all information collected and processed when using Nintendo Account Services.
3.4.1 Provision of Nintendo Account Services
We process the Usage Information for the provision of the Nintendo Account Services. The legal basis for the processing referred to in this Section 3.4.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.4.2 Product and Service Improvement
We process the Usage Information (excluding, however, your payment data) to perform analytics and statistics of the usage of the Nintendo Account Service in order to improve and optimize the Nintendo Account Service and our products, services and our performance.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimisation of the Nintendo Account Service 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 contact us as provided in Section 9 of this Privacy Policy or you can opt out of the processing of your information for such product and service improvement purposes at any time in your Nintendo Account settings.
3.4.3 Customised Offers and Recommendations
We may also process the Usage Information for purposes of customised marketing, so that content, products and services can be tailored to meet users' needs and the recommendations and offers displayed via the Nintendo Account Service or other online activities can be customized accordingly. Depending on the play activity settings on your User Device, this may include showing your friends recommendations based on the software you have played.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for such purposes of customised marketing as it avoids displaying recommendations and offers that are irrelevant for the user. Customized recommendations and offers have an increased relevance to 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 purposes of customised marketing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy or you can opt out of the processing of your information for such purposes of customised marketing at any time in your Nintendo Account settings.
If you – as the holder of parental responsibility – have registered a Nintendo Account on behalf of your child below the age of 16 years, information of your child will not be processed for purposes of customised marketing.
3.5 Linking Your Nintendo Account to Other Accounts
The legal basis for the processing in cases explained in Section 2.5 above is Art. 6 para. 1 (a) GDPR.
3.6 Cookies and Similar Technologies
3.6.1 General Information
The legal basis for using security and session cookies as explained in Section 2.6.1 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.6.2 Google Analytics
The legal basis for using Google Analytics (see above Section 2.6.2) and for analysing usage of our Nintendo Account 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 with regard to the use of Google Analytics you may at any time opt out of the processing of your information for product and service improvement purposes in your Nintendo Account settings. If you are using a Digital Product, the Digital Product might provide for a separate opt-out process for data collection for product and service improvement purposes in the "Data Collection" settings of the Digital Product. In this case, please opt out of data collection for product and service improvement purposes in the "Data Collection" settings of the Digital Product if you want to object to the use of Google Analytics.
If you do not object to the use of Google Analytics, information received via Google Analytics may be combined with your other information obtained through Nintendo Account and used for the purposes as described in Section 3.4 above.
3.6.3 Google reCAPTCHA
The legal basis for using reCAPTCHA (see above Section 2.6.3) and for analyzing user behavior in our online features is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is to prevent the abuse of our services by automated programs. You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right with regard to the use of reCAPTCHA you may at any time contact us as provided in Section 9 of this Privacy Policy.
3.6.4 Device Fingerprint
The collection of the device fingerprint (see above Section 2.6.4) is used for fraud prevention and IT security purposes and necessary to provide you with the Nintendo Account Services and the Nintendo Shopping Services you have requested.
4 Marketing and Advertising Messages
Subject to your separate consent, Nintendo may send you marketing and advertising messages about products of Nintendo or third parties to your email address. You can withdraw your consent to receive marketing and advertising messages as described above at any time by changing your "Emails from Nintendo" settings in your Nintendo Account Other Settings accordingly.
If you provided such separate consent, we may also use your collected information to customise such marketing and advertising messages as well as collect information on whether you opened such messages and which links in their text you followed.
The legal basis for using your information to customise the marketing messages and for processing information on whether you opened such messages and which links in their text you followed is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for customising marketing and advertising messages you agreed to receive as it avoids that you receive marketing and advertising messages that are not relevant for you. Collecting information on whether you opened such messages and which links you followed helps us to understand which messages and links are of increased relevance for you and to optimize any future marketing and advertising messages for your benefit.
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 contact us as provided in Section 9 of this Privacy Policy or you can opt out of the processing of your information for such customised marketing purposes at any time in your Nintendo Account settings.
If you – as the holder of parental responsibility – have registered a Nintendo Account on behalf of your child below the age of 16 years, information of your child will not be processed for purposes of customised marketing.
5 User Communications
When you send an email or other communication to Nintendo, 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).
6 Who Has Access to Your Information
6.1 NCL and NOE may share your information with each other and use it in accordance with this Privacy Policy as follows:
If you use Nintendo Shopping Services, NCL shares information about your person with NOE. NOE requires this information in order to provide you with access to Nintendo Shopping Services and to enable any transactions. The legal basis for sharing this information with NOE is the provision of the Nintendo Shopping Service you have requested (Art. 6 para. 1 (b) GDPR).
NCL and NOE may also share your information with each other for internal administrative purposes. The legal basis for this sharing of your information is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Nintendo Account Service and to deal with any inquiries in an efficient and high-quality manner. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
Where NOE shares your information with NCL located in Japan, appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between NOE and NCL.
6.2 NCL and NOE may also share your information with other entities of the Nintendo group to be used in accordance with this Privacy Policy, in particular, with:
Our European affiliates such as Nintendo France SARL, Nintendo Ibérica, S.A.U. and Nintendo Benelux B.V. and our European branches in Italy, Austria, Switzerland and the United Kingdom;
Nintendo of America Inc., located in the United States as well as Nintendo Australia Pty Limited, located in Australia and Nintendo of Korea Co., Ltd., located in the Republic of Korea. The level of data protection provided under the US, Australian and Korean law is lower than the level provided in the European Community. If NOE and/or NCL shares your information with Nintendo of America Inc., with Nintendo Australia Pty Limited or with Nintendo of Korea Co., Ltd appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between NOE and Nintendo of America Inc., Nintendo of Australia Pty Limited and Nintendo of Korea Co., Ltd as well as between NCL and Nintendo of America Inc., Nintendo of Australia Pty Limited and Nintendo of Korea Co., Ltd.
The legal basis for NCL and NOE sharing your information with other entities of the Nintendo group is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Nintendo Account Service and to deal with any inquiries in an efficient and high-quality manner. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
6.3 Depending on your country of residence, we may also share your information with our third party distributors that provide consumer support services in connection with Nintendo Account for your country (including hardware and repair services for User Devices manufactured by Nintendo). Your information will be used in accordance with this Privacy Policy and only as far as this is necessary for performing consumer support services. A list of the third party distributors is available at support.nintendo.com. The legal basis for sharing your information with our third party distributors is the performance of the consumer support services (Art. 6 para. 1 (b) GDPR).
6.4 We may also share your information (including your IP address) with our third party content delivery network providers that provide content delivery network services in connection with the Nintendo Account Services. Our content delivery network providers enable faster video streaming and support the delivery of content you have requested, e.g. when using Nintendo Shopping Services, by using a system of distributed servers that deliver the content to you, based on your geographic location. A list of the third party content delivery network providers is available at support.nintendo.com. The legal basis for sharing your information with our third party content delivery network providers is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information to enable faster delivery and to optimize transportation of the content you have requested, in particular to provide requested content in a high-quality manner which is to the benefit of our users. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
6.5 In compliance with applicable data protection requirements, NCL and NOE may also use third-party data processors and may share your information with such third party data processors acting on NCL's or NOE's behalf to provide services in connection with Nintendo Account Service. Where such third party processors are located outside the European Union respectively 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 by 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.
7 Storage Time
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 period – for the storage and retention period required by law. After that your personal data will be deleted.
In particular:
If you terminate your Nintendo Account by deleting your Nintendo Account in the account settings or by contacting us as provided in Section 9 of this Privacy Policy, your personal data will be deleted. Please note that NOE is required to retain certain transactional data from Nintendo Shopping Services you used under statutory commercial and tax law for a period of up to ten (10) years.
If you withdraw your consent on which a processing of your personal data or of the personal data of your child under the age of 16 year is based, we will delete your personal data respectively the personal data of your child without undue delay to the extent that the collection and processing of the personal data was based on the withdrawn consent.
If you exercise a right to object to the processing of your personal data, we will delete your personal data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.
8 Your rights under GDPR
In particular, but without limitation, you may have the following rights under applicable European data protection law:
Right of access: You have the right to obtain confirmation from us as to whether or not we process personal data from you and you also have the right to at any time obtain access to our personal data stored by us. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy. You can also access the information you provided in the settings of your Nintendo Account.
Right to rectification of your personal data: If we process your personal data, we shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which we collected your personal data was collected. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy. You can also change the information you provided in the settings of your Nintendo Account.
Right to erasure of your personal data or right to restriction of processing: You may have the right to obtain the erasure of your personal data or the restriction of processing of your personal data. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy. You can also delete your information at any time by deleting your Nintendo Account in the account settings. The deletion of your Nintendo Account will lead to a termination of the Nintendo Account Agreement and prevent you from using the Nintendo Account Service.
Right to withdraw your consent: If you have given your consent to the processing of your personal data or of the personal data of your child below the age of 16 years, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy or you may use the withdrawal mechanism provided within the respective Nintendo Account Services.
Right to data portability: You may have the right to receive the personal data concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
Right to object: You may have the right to object to the processing of your personal data as further specified in this Privacy Policy.
Right to lodge a complaint with supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. You may contact the Hesse Data Protection Supervisor.
9 European Representative and Contact
If you - with regard to NCL being the controller - have any questions about this Privacy Policy, about NCL's data processing activities or if you want to exercise any of your rights under GDPR, please contact:
- NCL's European representative Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available at nintendo-europe.com/contact.
If you – with regard to NOE being the controller - have any questions about this Privacy Policy, about NOE's data processing activities or if you want to exercise any of your rights under GDPR, please contact:
- Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available at nintendo-europe.com/contact.
10 Data Protection Officer
NCL's data protection officer: Nintendo Co., Ltd., 11-1, Attn.: Data Protection Officer, Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, dataprotectionofficer@nintendo.co.jp
NOE's data protection officer: Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, email: dataprotectionofficer@nintendo.de.
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Freddie
Nintendo Account Privacy Policy
Nintendo Account Privacy Policy
Version: 11.2022 (EN-EU)
Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan ("NCL") and Nintendo of Europe GmbH, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany ("NOE") respect the privacy rights of their users and recognise the importance of protecting their personal data.
This Nintendo Account Privacy Policy (the "Privacy Policy") provides information relating to the collection, processing, use and privacy of information you submit through the Nintendo Account. The information will primarily be collected by NCL. However, if you are in contact with NOE, in particular if you use the Nintendo Shopping Services to acquire Digital Products from NOE or to register licenses for Digital Products, information will be collected by NOE. Each of NCL and NOE shall solely be responsible for their own data processing activities under this Privacy Policy and NCL and NOE shall each be, with regard to their own data processing activities, the controller as defined by the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – "GDPR"). NCL and NOE do not jointly determine the purposes and means of the data processing.
NOE and NCL are together and individually referred to as "Nintendo" or "we" or "our".
Words and expressions in this Privacy Policy have the same meaning as in the Nintendo Account Agreement.
1 Personal Data of Children
If you – as the holder of parental responsibility – register a Nintendo Account on behalf of your child, the personal data of your child is collected, processed and used in accordance with this Privacy Policy. Where your child is below the age of 16 years and where the legal basis for the processing of the personal data is a consent pursuant to Art. 6 para. 1 (a) GDPR, consent must be given or authorised by you as the holder of parental responsibility and via the parental consent mechanism provided for by Nintendo.
2 What Information We Collect and Process
2.1 Information about Your Person
For the registration of your Nintendo Account NCL will collect your email address, country of residence, date of birth and gender. You are also required to set up a user name. The provision of this information is necessary to register a Nintendo Account and to use the Nintendo Account Service.
2.2 Information Related to Your Use of Nintendo Shopping Services
In order to use Nintendo Shopping Services (e.g. to purchase Digital Products from NOE, to upload funds to your wallet, to register licences for Digital Products), the information about your person will be shared with NOE. Depending on the payment method you choose, you may need to provide payment data to NOE to enable the transaction. If you pay by credit card, you need to provide credit card information (credit card number, expiration date and security code) to NOE to enable the transaction.
NOE collects and processes information about the transactions made via the Nintendo Shopping Services, such as the registration of licences, purchase of Digital Products, use of items, payments, upload of funds and other related activities.
NOE may also collect and process information about the way you use the Nintendo Shopping Services, such as which Digital Products you view or register on your wish list, which sections of the Nintendo Shopping Services you visit, how you navigate in the Nintendo Shopping Services as well as recommendations and game ratings made by you.
2.3 Information about the User Device
To enable the connection of the User Device to Nintendo servers, we may collect and process technical information related to your User Device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to your User Device or assigned to the applications you use.
We may also collect and process information about the settings of the User Device to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the User Device; we may also collect and process screen resolution and other display preferences of the User Device.
2.4 Information Related to Your Use of the Nintendo Account Service
To enable you to enjoy content, products and services available within the Nintendo Account Service, NCL processes data related to your activities, such as the user name and alphanumeric codes assigned to your Nintendo Account; the name, appearance and profile of the Mii character that represents you in the Nintendo Account Service; nicknames and IDs that you use in various applications; friends and favourites that you registered; Nintendo Account users you played with; User-Generated Content that you uploaded, posted or otherwise made available in the Nintendo Account Service; your online presence information; and other data specific to games and applications that you use.
We may also collect your activity history data such as what games you played and what applications you used on your User Device, at what times you played games or used applications, your current level, score and in-game location, information you submitted when participating in surveys and crash reports.
2.5 Linking Your Nintendo Account to Other Accounts
NCL may allow you to link your Nintendo Account to an account offered by a third party. If you consent to link the accounts, NCL may collect and combine information you allowed NCL to receive from a third party with information of your Nintendo Account.
If the linking of the accounts requires the transmission of information about your person from NCL to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. Your information will be treated by a third party in accordance with the privacy policy of any such third party.
NCL is not responsible for the use of your information that was transmitted with your consent by any third party.
NCL may also allow you to link your Nintendo Account to another account offered by NCL, NOE or NCL's European affiliated companies. If you consent to linking the accounts, NCL may collect and combine information related to your use of any such accounts and your data will be treated in accordance with the applicable privacy policy of any such other account that you have accepted.
2.6 Cookies and Similar Technology
2.6.1 General Information
Digital Products and online content offered by Nintendo may use cookies and other similar technologies. Cookies are small files downloaded to your device. Cookies help us to ensure the safety and smooth functionality of our services (security cookies and session cookies) and to collect information about the preferences of users in order to make our online offers more attractive for users (tracking cookies).
The security and session cookies that we serve are necessary to provide you with the Nintendo Account Service you have requested. For example, we serve cookies that enable us to authenticate you when you use the Nintendo Account Service and to maintain your online session. We also serve cookies that enable us to remember any language preferences you have chosen so that we present the Nintendo Account Service in your preferred language. NOE also serves cookies that are required in order to make the shopping basket function available to you in Nintendo Shopping Services.
Some of our online features you can use with your Nintendo Account via web access or on your User Device may use security services. These services use security session cookies to generate log files to (i) improve the delivery of the online features in a fast, reliable and secure manner, (ii) perform security analytics and to (iii) prevent unauthorised access. The log files generated may include IP addresses and online activity and measurement data associated with your use of the online features.
Apart from cookies that are necessary for the provision of our services, Digital Products and online content offered by Nintendo may use tracking cookies. If we use tracking cookies, we will inform you about the use of and details of such tracking cookies and describe the available options to enable or disable such tracking cookies in the respective privacy policies.
2.6.2 Google Analytics
Our Digital Products and/or online features use Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google Ireland"). Google Analytics uses cookies that are stored on the device you use and facilitate the analysis of your use of the Digital Products and the online features. The information generated by the cookie about your use of the Digital Products and the online features may be transmitted to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google") and stored by Google on servers located in the United States. If IP anonymisation has been activated, the IP address of users located within a country of the European Union or in other states contracting to the Agreement on the European Economic Area will be shortened. Only in exceptional cases will a complete IP address be transferred to a server by Google in the United States and shortened there. IP anonymisation is activated. On our behalf, Google Ireland will use this information for the purpose of evaluating the Digital Products and the online features for us, in order to compile reports on the activity on the Digital Products and the online features, and to provide other services relating to the activity and internet usage for us. Google Ireland will not associate the IP address transferred in the context of Google Analytics with any other data held by Google Ireland.
For further information please visit support.google.com/analytics/answer/6004245?hl=en.
2.6.3 Google reCAPTCHA
Some of our online features you can use with your Nintendo Account via web access or on your User Device may also use the service Google reCAPTCHA. This service is provided by Google Ireland.
reCAPTCHA is used to check whether the data entered in the respective online feature has been entered by a human or by an automated program. reCAPTCHA analyzes the user's behavior based on various characteristics, e.g. IP address, duration of the visit of the feature or the user's mouse movements. The analysis starts automatically as soon as the user enters the respective subpage of the online feature where reCAPTCHA is used.
Google Ireland may transfer the data collected via reCAPTCHA to Google in the United States.
For further information about reCAPTCHA please visit www.google.com/recaptcha/about/.
2.6.4 Device Fingerprint
Some of our online features collect specific information about the User Device, such as browser version and size of the screen, in order to recognize individual User Devices.
3 How Information Is Used – Purposes of Processing
3.1 Providing the Service
We collect and further process the information we collect in order to:
Register your Nintendo Account and to provide you with access to your Nintendo Account and the Nintendo Account Service;
Set up the connection of your User Device and applications on your User Device with Nintendo servers;
Provide you content, products and services available via the Nintendo Account Service and to enable your participation in activities supported by the Nintendo Account Service;
Process orders and requests that you make via the Nintendo Account Service; and
Provide consumer support and repair services (including hardware and repair services for User Devices manufactured by Nintendo).
If you use Nintendo Shopping Services, NOE processes the information about the transactions you make and about the registration of licenses to the extent necessary to process your orders, to register your licenses, to provide you with your transaction history and receipts and to meet NOE's financial and legal obligations. If you use a credit card in the Nintendo Shopping Services, NOE processes your credit card data to conduct the payment. In order to allow that you do not need to re-enter your credit card details for your next transaction, NOE offers you the option to store your credit card details as an additional service. NOE will store the number of your credit card separately according to the rules issued by the credit card provider.
If you use a credit card, Adyen N.V., Simon Carmiggeltstraat 6 - 50, 1011 DJ Amsterdam, The Netherlands, provides acquiring services. Adyen B.V. accepts payments on behalf of us and then transfers the payments made by you to us. To conduct the payments, your credit card data and information related to your transaction is transferred to Adyen B.V.
NOE also offers you the option to link a PayPal account with your Nintendo Account in order to allow you to use it for future transactions. If you choose to link a PayPal account, the country setting of your PayPal account, your first and last name for the PayPal account, your payer ID as well as the email address you use with the PayPal account are transferred from PayPal to NOE. NOE uses this information for identification purposes to conduct customer support.
After linking your Nintendo Account with PayPal and when you use PayPal to conduct a transaction, Nintendo will share internal identifiers and information about the transaction with PayPal. PayPal requires this data to conduct the transaction you have requested.
The legal basis for the processing referred to in this Section 3.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
If you use the additional service to store your credit card data and if your stored credit card has expired or has changed, the following applies: In case the issuing bank of your credit card offers an credit card account update service and in case you have authorised your issuing bank, NOE may receive updated credit card information. This minimises the rejection of card payments when credit card data expires or changes. NOE receives such updated credit card data based on the consent you have given your issuing bank (Art. 6 para. 1 (a) GDPR) and uses such updated credit card data for the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.2 Fraud Prevention and Prevention of Other Illegal Activities
We may process the collected information as far as necessary to prevent fraud, potentially illegal or offensive activities, or to enforce our rights or the rights of our 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, the Nintendo Account Service, the Nintendo Shopping Services and of our users; and the enforcement of our legitimate rights and rights 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 contact us as provided in Section 9 of this Privacy Policy.
3.3 Communication and Interaction in the Nintendo Account Service
Online features of games or of other applications which enable you to play online with other users or to participate in online rankings are part of Nintendo Account Service. If you choose to use such features, your user name, game status and other game play and ranking data, name and appearance of a Mii character representing you in the Nintendo Account Service, country and /or a game avatar 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 online features, parts of the Nintendo Account Service may support further communication between users and the exchange of User-Generated Content. If you choose to use such parts of the Nintendo Account Service, other users may be able to see some information about you, such as your Nintendo Account, name and appearance of a Mii character representing you in the Nintendo Account Service, Mii profile information, country and any User-Generated Content you submit. Depending on the application you have chosen to use in Nintendo Account Service, your player history, your ranking and status, name of your favourite application or the most recent application that you used, your age or your online 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 a friend list or a blocked list registered with your Nintendo Account, this information may be processed by a game or application that you play 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 Nintendo Account to an account offered by Nintendo or a third party (see Section 2.5 above), you will be suggested to other users within Nintendo Account, who are your friends in the linked account and have also consented to link their Nintendo Account to the other account. If you have consented to link your Nintendo Account to another account offered by Nintendo (see Section 2.5 above), the friend list (with the nicknames of your friends) registered with your Nintendo Account may be synchronised with any friend list registered with the other account offered by Nintendo. The same applies if you are listed on the friend lists or blacklists of other Nintendo Account users. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.4 Usage Information
"Usage Information" as referred to in this Section 3.4 includes all information submitted through Nintendo Account as well as all information collected and processed when using Nintendo Account Services.
3.4.1 Provision of Nintendo Account Services
We process the Usage Information for the provision of the Nintendo Account Services. The legal basis for the processing referred to in this Section 3.4.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.4.2 Product and Service Improvement
We process the Usage Information (excluding, however, your payment data) to perform analytics and statistics of the usage of the Nintendo Account Service in order to improve and optimize the Nintendo Account Service and our products, services and our performance.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimisation of the Nintendo Account Service 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 contact us as provided in Section 9 of this Privacy Policy or you can opt out of the processing of your information for such product and service improvement purposes at any time in your Nintendo Account settings.
3.4.3 Customised Offers and Recommendations
We may also process the Usage Information for purposes of customised marketing, so that content, products and services can be tailored to meet users' needs and the recommendations and offers displayed via the Nintendo Account Service or other online activities can be customized accordingly. Depending on the play activity settings on your User Device, this may include showing your friends recommendations based on the software you have played.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for such purposes of customised marketing as it avoids displaying recommendations and offers that are irrelevant for the user. Customized recommendations and offers have an increased relevance to 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 purposes of customised marketing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy or you can opt out of the processing of your information for such purposes of customised marketing at any time in your Nintendo Account settings.
If you – as the holder of parental responsibility – have registered a Nintendo Account on behalf of your child below the age of 16 years, information of your child will not be processed for purposes of customised marketing.
3.5 Linking Your Nintendo Account to Other Accounts
The legal basis for the processing in cases explained in Section 2.5 above is Art. 6 para. 1 (a) GDPR.
3.6 Cookies and Similar Technologies
3.6.1 General Information
The legal basis for using security and session cookies as explained in Section 2.6.1 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3.6.2 Google Analytics
The legal basis for using Google Analytics (see above Section 2.6.2) and for analysing usage of our Nintendo Account 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 with regard to the use of Google Analytics you may at any time opt out of the processing of your information for product and service improvement purposes in your Nintendo Account settings. If you are using a Digital Product, the Digital Product might provide for a separate opt-out process for data collection for product and service improvement purposes in the "Data Collection" settings of the Digital Product. In this case, please opt out of data collection for product and service improvement purposes in the "Data Collection" settings of the Digital Product if you want to object to the use of Google Analytics.
If you do not object to the use of Google Analytics, information received via Google Analytics may be combined with your other information obtained through Nintendo Account and used for the purposes as described in Section 3.4 above.
3.6.3 Google reCAPTCHA
The legal basis for using reCAPTCHA (see above Section 2.6.3) and for analyzing user behavior in our online features is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is to prevent the abuse of our services by automated programs. You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right with regard to the use of reCAPTCHA you may at any time contact us as provided in Section 9 of this Privacy Policy.
3.6.4 Device Fingerprint
The collection of the device fingerprint (see above Section 2.6.4) is used for fraud prevention and IT security purposes and necessary to provide you with the Nintendo Account Services and the Nintendo Shopping Services you have requested.
4 Marketing and Advertising Messages
Subject to your separate consent, Nintendo may send you marketing and advertising messages about products of Nintendo or third parties to your email address. You can withdraw your consent to receive marketing and advertising messages as described above at any time by changing your "Emails from Nintendo" settings in your Nintendo Account Other Settings accordingly.
If you provided such separate consent, we may also use your collected information to customise such marketing and advertising messages as well as collect information on whether you opened such messages and which links in their text you followed.
The legal basis for using your information to customise the marketing messages and for processing information on whether you opened such messages and which links in their text you followed is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for customising marketing and advertising messages you agreed to receive as it avoids that you receive marketing and advertising messages that are not relevant for you. Collecting information on whether you opened such messages and which links you followed helps us to understand which messages and links are of increased relevance for you and to optimize any future marketing and advertising messages for your benefit.
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 contact us as provided in Section 9 of this Privacy Policy or you can opt out of the processing of your information for such customised marketing purposes at any time in your Nintendo Account settings.
If you – as the holder of parental responsibility – have registered a Nintendo Account on behalf of your child below the age of 16 years, information of your child will not be processed for purposes of customised marketing.
5 User Communications
When you send an email or other communication to Nintendo, 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).
6 Who Has Access to Your Information
6.1 NCL and NOE may share your information with each other and use it in accordance with this Privacy Policy as follows:
If you use Nintendo Shopping Services, NCL shares information about your person with NOE. NOE requires this information in order to provide you with access to Nintendo Shopping Services and to enable any transactions. The legal basis for sharing this information with NOE is the provision of the Nintendo Shopping Service you have requested (Art. 6 para. 1 (b) GDPR).
NCL and NOE may also share your information with each other for internal administrative purposes. The legal basis for this sharing of your information is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Nintendo Account Service and to deal with any inquiries in an efficient and high-quality manner. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
Where NOE shares your information with NCL located in Japan, appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between NOE and NCL.
6.2 NCL and NOE may also share your information with other entities of the Nintendo group to be used in accordance with this Privacy Policy, in particular, with:
Our European affiliates such as Nintendo France SARL, Nintendo Ibérica, S.A.U. and Nintendo Benelux B.V. and our European branches in Italy, Austria, Switzerland and the United Kingdom;
Nintendo of America Inc., located in the United States as well as Nintendo Australia Pty Limited, located in Australia and Nintendo of Korea Co., Ltd., located in the Republic of Korea. The level of data protection provided under the US, Australian and Korean law is lower than the level provided in the European Community. If NOE and/or NCL shares your information with Nintendo of America Inc., with Nintendo Australia Pty Limited or with Nintendo of Korea Co., Ltd appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between NOE and Nintendo of America Inc., Nintendo of Australia Pty Limited and Nintendo of Korea Co., Ltd as well as between NCL and Nintendo of America Inc., Nintendo of Australia Pty Limited and Nintendo of Korea Co., Ltd.
The legal basis for NCL and NOE sharing your information with other entities of the Nintendo group is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Nintendo Account Service and to deal with any inquiries in an efficient and high-quality manner. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
6.3 Depending on your country of residence, we may also share your information with our third party distributors that provide consumer support services in connection with Nintendo Account for your country (including hardware and repair services for User Devices manufactured by Nintendo). Your information will be used in accordance with this Privacy Policy and only as far as this is necessary for performing consumer support services. A list of the third party distributors is available at support.nintendo.com. The legal basis for sharing your information with our third party distributors is the performance of the consumer support services (Art. 6 para. 1 (b) GDPR).
6.4 We may also share your information (including your IP address) with our third party content delivery network providers that provide content delivery network services in connection with the Nintendo Account Services. Our content delivery network providers enable faster video streaming and support the delivery of content you have requested, e.g. when using Nintendo Shopping Services, by using a system of distributed servers that deliver the content to you, based on your geographic location. A list of the third party content delivery network providers is available at support.nintendo.com. The legal basis for sharing your information with our third party content delivery network providers is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information to enable faster delivery and to optimize transportation of the content you have requested, in particular to provide requested content in a high-quality manner which is to the benefit of our users. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
6.5 In compliance with applicable data protection requirements, NCL and NOE may also use third-party data processors and may share your information with such third party data processors acting on NCL's or NOE's behalf to provide services in connection with Nintendo Account Service. Where such third party processors are located outside the European Union respectively 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 by 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.
7 Storage Time
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 period – for the storage and retention period required by law. After that your personal data will be deleted.
In particular:
If you terminate your Nintendo Account by deleting your Nintendo Account in the account settings or by contacting us as provided in Section 9 of this Privacy Policy, your personal data will be deleted. Please note that NOE is required to retain certain transactional data from Nintendo Shopping Services you used under statutory commercial and tax law for a period of up to ten (10) years.
If you withdraw your consent on which a processing of your personal data or of the personal data of your child under the age of 16 year is based, we will delete your personal data respectively the personal data of your child without undue delay to the extent that the collection and processing of the personal data was based on the withdrawn consent.
If you exercise a right to object to the processing of your personal data, we will delete your personal data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.
8 Your rights under GDPR
In particular, but without limitation, you may have the following rights under applicable European data protection law:
Right of access: You have the right to obtain confirmation from us as to whether or not we process personal data from you and you also have the right to at any time obtain access to our personal data stored by us. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy. You can also access the information you provided in the settings of your Nintendo Account.
Right to rectification of your personal data: If we process your personal data, we shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which we collected your personal data was collected. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy. You can also change the information you provided in the settings of your Nintendo Account.
Right to erasure of your personal data or right to restriction of processing: You may have the right to obtain the erasure of your personal data or the restriction of processing of your personal data. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy. You can also delete your information at any time by deleting your Nintendo Account in the account settings. The deletion of your Nintendo Account will lead to a termination of the Nintendo Account Agreement and prevent you from using the Nintendo Account Service.
Right to withdraw your consent: If you have given your consent to the processing of your personal data or of the personal data of your child below the age of 16 years, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy or you may use the withdrawal mechanism provided within the respective Nintendo Account Services.
Right to data portability: You may have the right to receive the personal data concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller. To exercise this right you may at any time contact us as provided in Section 9 of this Privacy Policy.
Right to object: You may have the right to object to the processing of your personal data as further specified in this Privacy Policy.
Right to lodge a complaint with supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. You may contact the Hesse Data Protection Supervisor.
9 European Representative and Contact
If you - with regard to NCL being the controller - have any questions about this Privacy Policy, about NCL's data processing activities or if you want to exercise any of your rights under GDPR, please contact:
- NCL's European representative Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available at nintendo-europe.com/contact.
If you – with regard to NOE being the controller - have any questions about this Privacy Policy, about NOE's data processing activities or if you want to exercise any of your rights under GDPR, please contact:
- Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available at nintendo-europe.com/contact.
10 Data Protection Officer
NCL's data protection officer: Nintendo Co., Ltd., 11-1, Attn.: Data Protection Officer, Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, dataprotectionofficer@nintendo.co.jp
NOE's data protection officer: Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, email: dataprotectionofficer@nintendo.de.
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