Nintendo of Europe GmbH - Social Media Privacy Policy

Last updated: 05.2020

Nintendo of Europe GmbH (“Nintendo”, “we“, “us“), Herriotstrasse 4, 60528 Frankfurt am Main, Germany operates different accounts as well as fanpages within different social networks operated by different social network providers (each a “Social Network Provider”) as described in this privacy policy.

1. What personal data we collect and how data is used (purposes of processing)

1.1 Facebook

1.1.1 We operate fan pages (each a “Fanpage”) within the social network Facebook, a network operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). We use the Fanpage to inform about our company, our products, our services and our offers as well as about current developments and to communicate with our users.

1.1.2 Users may have the opportunity to send us messages via our Fanpage using Facebook Messenger, as well as to share, comment on or "Like" our posts. We process profile data (in particular the name of the user) and the respective interaction (e.g. the content of the message or comment) to process the enquiries of the users and respond to their requests. The legal basis for this processing is the provision of the services users have requested (Art. 6 para. 1 (b) GDPR).

1.1.2 On our Fanpage we use the feature "Facebook Insights". This includes page statistics provided by Facebook that give us information about how users interact with our Fanpage. Page Insights may be based on personal data collected in connection with a visit or interaction by users on or with our Fanpage and its content. Facebook and we are joint controllers for the processing of Insights Data and have concluded an agreement in accordance with Art. 26 GDPR. The agreement is available at: https://en-gb.facebook.com/legal/terms/page_controller_addendum. Further information about Facebook Insights is available at: https://en-gb.facebook.com/legal/terms/information_about_page_insights_data.

We process the page statistics provided to us by Facebook to analyse the usage of our Fanpage. This enables us to improve our Fanpage and to make our posts and activities on our Fanpage more attractive for our users. The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimization of our Fanpage, which is to the benefit of the users.

1.2 Twitter

1.2.1 We operate accounts (each an “Account”) on Twitter, a social network operated by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 Ax07, Ireland ("Twitter“). We use the Account to inform about our company, our products, our services and our offers as well as about current developments and to communicate with our users.

1.2.2 Users may have the opportunity to send us messages, as well as to share, comment on or "Like" our posts. We process profile data (in particular the name of the user) and the respective interaction (e.g. the content of the message or comment) to process the enquiries of the users and respond to their requests. The legal basis for this processing is the provision of the services users have requested (Art. 6 para. 1 (b) GDPR).

1.3 Instagram

1.3.1 We operate accounts (each an “Account”) on Instagram, a social network operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). We use the Account to inform about our company, our products, our services and our offers as well as about current developments and to communicate with our users.

1.3.2 Users may have the opportunity to send us messages, as well as to share, comment on or "Like" our posts. . We process profile data (in particular the name of the user) and the respective interaction (e.g. the content of the message or comment) to process the enquiries of the users and respond to their requests. The legal basis for this processing is the provision of the services users have requested (Art. 6 para. 1 (b) GDPR).

1.4 YouTube

1.4.1 We operate accounts (each an “Account”) on YouTube, a social network operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google“). We use the Account to inform about our company, our products, our services and our offers as well as about current developments and to communicate with our users.

1.4.2 Users may have the opportunity to send us messages, as well as to share, comment on or "Like" our posts and/or live streams. We process profile data (in particular the name of the user) and the respective interaction (e.g. the content of the message or comment) to process the enquiries of the users and respond to their requests. The legal basis for this processing is the provision of the services users have requested (Art. 6 para. 1 (b) GDPR).

1.5 Twitch

1.5.1 We operate accounts (each an “Account”) on Twitch, a social network operated by Twitch Interactive, Inc. located at 350 Bush Street, 2nd Floor, San Francisco, CA 94104 ("Twitch“). We use the Account to inform about our company, our products, our services and our offers as well as about current developments and to communicate with our users.

1.5.2 Users may have the opportunity to send us messages, as well as to share, comment on " our posts and/or live streams. We process profile data (in particular the name of the user) and the respective interaction (e.g. the content of the message or comment) to process the enquiries of the users and respond to their requests. The legal basis for this processing is the provision of the services users have requested (Art. 6 para. 1 (b) GDPR).

1.6 Pinterest

1.6.1 We operate accounts (each an “Account”) on Pinterest, a social network operated by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland ("Pinterest“). We use the Account to inform about our company, our products, our services and our offers as well as about current developments and to communicate with our users.

1.6.2 Users may have the opportunity to send us messages, as well as to share, comment on or "Like" our posts. We process profile data (in particular the name of the user) and the respective interaction (e.g. the content of the message or comment) to process the enquiries of the users and respond to their requests. The legal basis for this processing is the provision of the services users have requested (Art. 6 para. 1 (b) GDPR).

2. How the Social Network Provider process your personal data

With each visit of an Account or Fanpage or with each interaction with our posts the respective Social Network Provider may process personal data. The Social Network Provider may also place cookies (which are small files downloaded to the users’ devices).

When the user is a registered user on the platform of the Social Network Provider, the Social Network Provider may assign the collected data to the personal user account on the platform, which enables the Social Network Provider to track the user behaviour (including a tracking via different devices) and to create user profiles. In addition, the Social Network Provider may process the data to personalise advertisements shown to a user on the respective platform or on third party websites.

We do not and cannot control this data processing. For more information on how and for what purposes the Social Network Provider collects, processes personal data and the users’ rights and options to protect the privacy, please see the applicable privacy policies of the Social Network Provider:

Facebook Privacy Policy: https://en-gb.facebook.com/about/privacy/update

Facebook Cookies Policy: https://en-gb.facebook.com/policies/cookies/

Twitter Privacy Policy: https://twitter.com/en/privacy

Twitter Cookies Policy: https://help.twitter.com/en/rules-and-policies/twitter-cookies

Instagram Privacy Policy: https://help.instagram.com/519522125107875

Google Privacy Policy (YouTube): https://policies.google.com/privacy?hl=en-GB&gl=uk

Twitch Privacy Policy: https://www.twitch.tv/p/legal/privacy-notice/

Twitch Cookie Policy: https://www.twitch.tv/p/legal/cookie-policy/

Pinterest Privacy Policy: https://policy.pinterest.com/en-gb/privacy-policy

Pinterest Cookie Policy: https://policy.pinterest.com/en-gb/cookies

Please note that the Social Network Provider may process or transfer user data in respectively to the United States or other countries outside the European Economic Area.

3. Your rights under GDPR

In particular, but without limitation, you may have the following rights under GDPR:

3.1 Right of access: You have the right at any time to obtain information from us as to whether or not we process personal data from you and you also have the right to obtain at any time access to your personal data stored by us.

3.2 Right to rectification of your personal data: If we process your personal data, we shall endeavour to ensure that your personal data is accurate and up-to-date for the purposes for which we collected your personal data. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data.

3.3 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.

3.4 Right to withdraw your consent: If you have given your consent to the processing of your personal data, you have the right to withdraw your consent at any time. The withdrawal of the consent does not affect the lawfulness of the processing based on the consent before withdrawal.

3.5 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.

3.6 Right to object: You have the right to object to the processing of your personal data, which is based on legitimate interests.

3.7 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.

To exercise your rights you may at any time contact us as provided in Section 4 below.

With regard to any data processing by a Social Network Provider and your related rights under GDPR, we advise you to directly contact the Social Network Provider because the Social Network Provider can deal with your enquiries more effectively

4. Contact and Data Protection Officer

4.1 You may contact us at any time by mail to Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany or via email privacyinquiry.noe@nintendo.de.

4.2 You can also contact our data protection officer at any time by mail to Nintendo of Europe GmbH, Attn: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany or via email dataprotectionofficer@nintendo.de.