Last updated: 05.2018
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”).
Nintendo respects your privacy rights and recognises the importance of protecting your personal data.
To place an order in the Nintendo Online Store you need to provide your first and last name, your postal address as well as your email address.
You also need to provide your credit card information (credit card number, expiration date and security code) to enable the transaction.
You also need to provide your tax number if you chose Spain as your supplier country.
We also collect information about the orders and purchases you made in Nintendo Online Store.
2.1 Processing your order
We collect and process your information to process, accept and dispatch your orders. We need your email address to send you receipts and order confirmations as well as the invoice.
We process your credit card information to conduct the payment.
The legal basis for the processing referred to in this Section 2.1 is the processing of your order and the performance of the purchase agreement and compliance of a legal obligation to which we are subject (Art. 6 para. 1 (b) and (c) GDPR).
2.2 Fraud prevention and prevention of other illegal activities
We may process the collected information as far as this is 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 and of our users and the enforcement of our legitimate rights and rights of our users.
The security and session cookies that we serve are necessary to provide you with the Nintendo Online Store services you have requested. For example, we serve cookies that enable us to maintain your Nintendo Online Store session. We also serve cookies that enable us to remember any language preferences you have chosen so that we present the Nintendo Online Store in your preferred language. We also serve cookies that are required in order to make the shopping basket function available to you in Nintendo Online Store.
Most browsers are automatically set to accept cookies. You can often set your browser to notify you when you are sent a cookie and you may also be able to elect not to accept cookies by changing the designated settings on your device. However, not utilizing cookies may prevent you from using certain functions and features of the Nintendo Online Store.
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).
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).
5.2 We will also share your name and postal address with DHL, our parcel delivery provider, to deliver your order. The legal basis for sharing this information with DHL is the delivery of your order and the performance of the purchase agreement (Art. 6 para. 1 (b) GDPR).
5.3 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 Nintendo Online Store. 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.
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. Please note that we are required to retain certain transactional data about your purchase under statutory commercial and tax law for a period of up to ten (10) years.
In particular, 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.
In particular, but without limitation, you may have the following rights under applicable European data protection law:
Nintendo of Europe GmbH ("Nintendo"), Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, or via email at email@example.com.
You can also contact Nintendo’s data protection officer:
Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany or via email: firstname.lastname@example.org.