Nintendo of Europe GmbH Nintendo Online Store Privacy Policy

Last updated: 05.2018

This Online Store Privacy Policy applies if you place an order in the Nintendo Online Store operated by Nintendo of Europe GmbH ("Nintendo", “we” or “us”), Herriotstrasse 4, D-60528 Frankfurt, Germany.

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.

1 What Information we Collect and Process

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 How Information Is Used – Purposes of Processing

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.

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 8 of this Privacy Policy.

3 Cookies

Parts of the Nintendo Online Store 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 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).

Apart from cookies that are necessary for the provision of our services, the Nintendo Online Store as part of our website may use tracking cookies. Information about the use of and details of such tracking cookies and the available options to enable or disable such tracking cookies are described in our Website Privacy Policy.

4 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).

5 Who Has Access to Information

5.1 Nintendo may share your information with other entities of the Nintendo group to be used in accordance with this Nintendo Online Store Privacy Policy, in particular, with:

  • Its European branches such as in Italy, Germany, Austria, Switzerland and the United Kingdom, and its European affiliates such as Nintendo France SARL, Nintendo Ibérica, S.A. and Nintendo Benelux B.V.;

We have a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Nintendo Online Store 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 8 of this Privacy Policy.

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.

6 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. 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.

7 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 your personal data stored by us. To exercise this right you may at any time contact us as provided in Section 8 of this Privacy Policy.
  • 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 8 of this Privacy Policy.
  • 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 8 of this Privacy Policy.
  • 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 8 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.

8 Contact and Data Protection Officer

If you have any questions about this Website Privacy Policy and Nintendo’s data processing activities or if you want to exercise any of your rights under GDPR, please contact:

Nintendo of Europe GmbH ("Nintendo"), Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, or via email at privacyinquiry.noe@nintendo.de.

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: dataprotectionofficer@nintendo.de.