Nintendo of Europe GmbH Website Privacy Policy

Last updated: 08.2019

This Privacy Policy covers the use of this website, operated by Nintendo of Europe GmbH ("Nintendo"), Herriotstrasse 4, D-60528 Frankfurt am Main, 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”).

1. Data Processing

Nintendo respects the privacy rights of its online visitors and recognises the importance of protecting their personal data.

Certain information is transmitted to Nintendo’s servers by the Internet browser of each online visitor when they access the website, including the date and time of access, the name of the requested file, the referral webpage, the status (e.g. transaction completed), the Web browser and operating system used, the IP address of the device and the size of transmitted data.

1.1 Nintendo uses this information in order to set up the connection of your device with Nintendo servers and to enable you to use the website. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

1.2 The information is further stored in connection logs for a limited period of time for the purpose of ensuring the security and proper functioning of the website, including the prevention of hacking attacks to our systems. The legal basis for this processing is Art. 6 para.

1 (f) GDPR. The legitimate interest Nintendo pursues is the protection of Nintendo’s systems. 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 Nintendo as provided in Section 7 of this Privacy Policy.

1.3 Nintendo may also use the information for statistical purposes in an anonymized form.

2. Cookies

Nintendo may place cookies on its website. Cookies are small files downloaded to your device. Cookies help us to ensure the safety and smooth functionality of our website (security cookies and session cookies; see below) and to collect information about the products our online visitors are interested in, as well as the navigation they choose through our website, in order to make our online offers more attractive for our users (tracking cookies; see below).

You can disable cookies or set your browser to alert you when cookies are being sent. However, if you do disable cookies, you may not be able to use all functions of this website. Additionally you have the option to deactivate only tracking cookies. See below for more information.

Sessions cookies

Nintendo uses security and session cookies that are necessary to provide you with the services you have requested. For example, Nintendo uses session cookies to store your selections whilst you navigate through to different pages. The legal basis for using security and sessions cookies is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

Tracking cookies

Nintendo's tracking cookies

We use our own tracking cookies on our website to help us learn how we can serve our customers as best we can. These tracking cookies enable us to monitor how long you stay on a page, for example, or which pages you visit exactly. The legal basis for using our own tracking cookies is Art 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the improvement and optimization of the website for the benefit of the website visitors.

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 deactivate the use of tracking cookies in the tracking cookies settings below.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). Google Analytics uses "cookies", which are text files placed on visitors' computers, to help Nintendo analyse how visitors use the website. The information generated by the cookie about the visitors' use of the website will generally be transmitted to and stored by Google on servers in the United States.

On this website, IP anonymisation has been activated. The IP addresses of Google users from European Union member states, or from 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 Google server in the United States and shortened there. On behalf of Nintendo, Google will use this information for the purpose of evaluating the website for Nintendo, in order to compile reports on website activity, and to provide other services relating to website activity and internet usage for Nintendo.

Google will not associate the IP address transferred in the context of Google Analytics with any other data held by Google. For further information please visit https://support.google.com/analytics/answer/6004245?hl=en.

Users can prevent the collection of data about their use of the website (including their IP address) generated by the cookie, and the processing of data by Google, by downloading and installing the browser plug-in through the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

The legal basis for using Google Analytics and for analysing usage of the website is Art. 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the improvement and optimization of the website and the advertisement strategy for the benefit of the website visitor.

You have the right to object at any time to such processing. To exercise this right you may at any time download and install the aforementioned browser plug-in or you may at any time deactivate the use of tracking cookies in the tracking cookies settings below.

This website uses „Google Signals“. Google Signals is an update provided by Google as part of Google Analytics and enables a cross device tracking only of those users who are logged into their Google account and who have activated “Ads Personalization” in their Google account settings. When using Google Signals aggregated data from website users who are logged into their Google account and who have activated “Ads Personalization” in their Google account is included in Google Analytics reports. The aggregated data Google Signals generates for Nintendo allows for Nintendo no conclusion as to the identity of any such user. On an aggregate basis, Google Signals provides Nintendo with information about how a visitor interacts with this website from multiple browsers and multiple devices.

Google account users can control their advertisement experience and can deactivate “Ads Personalization” at any time in their Google account settings.

Google Remarketing

This website uses the Google Remarketing technology which is a service from Google. Advertisements can be presented within the advertising network of Google based on content which has previously been accessed on websites within the Google advertising network by visitors that are also using the Google Remarketing feature. In particular, based on your prior use of this website we use Google Remarketing to target our ads to you when you visit other websites, e.g. sites in Google’s content network. You can disable this feature by making the appropriate settings under http://www.google.com/settings/ads.

The legal basis for using Google Remarketing is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in such marketing purposes as it helps placing advertisements that have an increased relevance.

You have the right to object at any time to the use of your information for such remarketing purposes. To exercise this right you can disable this feature by making the appropriate settings under https://www.google.com/settings/ads or you may at any time deactivate the use of tracking cookies in the tracking cookies settings below.

When you access this website while logged into your Google account and when you have chosen to enable Google to associate your browsing history with your Google account and to use such information to personalize advertisements, Google associates information collected through Google Analytics to your Google account data. Google will use the collected information for cross-device marketing issues. In particular, based on your use of this website on one device our advertisements can be targeted to you when you browse on another device. The data collected by Google on this website about Google account users allow for Nintendo no conclusion as to the identity of any Google account user. You can find additional information about the collection and use of data by Google under http://www.google.com/policies/privacy/.

Google account users can control their advertisement experience and can opt-out from personalized advertisements at any time in their Google account settings.

DoubleClick cookie

This website also uses DoubleClick by Google. DoubleClick by Google uses cookies to provide website visitors with relevant advertisements. A cookie ID is assigned to your browser to keep a log of which advertisements have already been delivered to that particular browser. The DoubleClick cookie enables Google and its partner websites to show advertisements based on former visits on this or other websites. In the same way, the cookie ID allows the DoubleClick cookie to log conversions related to advertisement requests- such as when a user views a DoubleClick advertisement and later uses the same browser to visit the advertiser’s website.

Users can prevent the collection of data through the DoubleClick cookie and the processing of related data by Google by downloading and installing the DoubleClick browser plug-in through the following link: https://www.google.com/settings/ads/plugin.

Alternatively, users can deactivate the DoubleClick cookies on the following website: https://www.google.com/settings/ads.

The legal basis for using DoubleClick cookie is Art. 6 para. 1 (f) GDPR. Nintendo has a legit-imate interest in such marketing purposes as it helps placing advertisements that have an in-creased relevance.

You have the right to object at any time to the use of your information for such re-marketing purposes. To exercise this right you may at any time download and install the aforementioned browser plug-in, deactivate the DoubleClick cookies on the aforementioned website or you may at any time deactivate the use of tracking cookies in the tracking cookies settings below.

Facebook Tracking Pixel

The Facebook Tracking Pixel with the remarketing function “Custom Audience” is used on this website. The Facebook Tracking Pixel is operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.

The Facebook Tracking Pixel with the remarketing function is used by Nintendo to target, based on visitors’ prior use of this website, advertisements to visitors of this website once they visit the social network Facebook ("Facebook Ads"). Through the Facebook Tracking Pixel a direct connection to the Facebook servers is made when visitors visit this website. This will send the information to the Facebook server that a visitor visited this website, and Facebook will process this information and can assign this information to a visitor’s personal Facebook user account. For more information on how Facebook collects, processes, and protects the privacy, please see the Facebook privacy policy at https://www.facebook.com/about/privacy.

The legal basis for using the Facebook Tracking Pixel is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in such marketing purposes as it helps placing advertisements that have an increased relevance.

You have the right to object at any time to the use of your information for such remarketing purposes. You can disable the Facebook Tracking Pixel in your Facebook account settings or in the tracking cookies settings below at any time.

Hotjar

This website uses web analysis services by Hotjar Ltd., Level 2, St. Julians Business Centre, 3 Elia Zammit Street, St. Julians STJ 1000, Malta (“Hotjar”).

Hotjar allows the tracking of activities on this website in the form of so-called Heatmaps. By using the Heatmaps service by Hotjar, Nintendo can see, for example, how far users scroll, how users move through this website, which links users click and how often users click the links.

This website also uses the Recordings function offered by Hotjar. This service records certain data about how users navigate through this website during a session, for example HTML changes that happen while using this website, mouse movements, mouse clicks, scroll movements or how a user’s browser viewport size changes. As regards certain, selected input fields, keystrokes might also be recorded.

In addition, this website uses the service Forms by Hotjar. This service records how users interact with input fields on this website, for example whether users fill in a field and submit it, the average interaction time with a field, whether users leave a field blank or whether users drop off from filling in a field.

By using the aforementioned Hotjar services, Nintendo acquires valuable information about how users interact with and navigate through this website to make it faster and more user-friendly. Besides the information about a user’s interaction and navigation (such as which links users choose to click, mouse movements, etc. as explained above) the device screen size, device type, operating system and browser information, geographic location (country only), the preferred language used to display this website and the device’s IP address (which is captured and stored only in anonymized form) are collected.

Hotjar does not record content and information users fill in a field or submit via this website.

Hotjar creates a Hotjar Tracking Code for tracking the user’s use of this website via a Hotjar cookie.

For further information about Hotjar and its service, please see https://www.hotjar.com. Users can find Hotjar‘s privacy policy under https://www.hotjar.com/privacy.

The legal basis for this processing is Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in providing users with a user-friendly website and in improving and optimizing this website for the benefit of the website visitor.

You have the right to object, on grounds relating to your particular situation, at any time to such processing. To exercise this right you may at any time opt-out to the collection of data by Hotjar by following the instructions under: https://www.hotjar.com/legal/compliance/opt-out or you may at any time deactivate the use of tracking cookies in the tracking cookies settings below.

Third-party tracking cookies

Additionally, we use tracking cookies from other companies. Nintendo uses these tracking cookies to target, based on visitor’s prior use of this website, advertisements to visitors of this website once they visit a third-party website. We use tracking cookies from the following companies:

Company name Using company's cookies since More information
Adform October, 2015 Official website
Amazon.com, Inc. October, 2015 Official website
AppNexus Inc. October, 2015 Official website
Captify February, 2016 Official website
Criteo SA October, 2015 Official website
Flashtalking, Inc. October, 2015 Official website
MediaMath, Inc. October, 2015 Official website
Microsoft Corporation October, 2015 Official website
Optimizely June, 2016 Official website
Quantcast Corporation October, 2015 Official website
Sizmek October, 2015 Official website
The Trade Desk January, 2017 Official website
Tradelab April, 2018 Official website
Turn Inc. November, 2015 Official website
Twitter, Inc. October, 2015 Official website
Xaxis, Inc. October, 2015 Official website
Yieldr October, 2016 Official website
YuMe, Inc. October, 2015 Official website

The legal basis for using such third-party tracking cookies is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in such marketing purposes as it helps placing advertisements that have an increased relevance.

You have the right to object at any time to the use of your information for such remarketing purposes. To exercise this right you can deactivate the use of third-party tracking cookies at any time by changing the tracking cookies settings at any time:

 

If we change our use of tracking cookies, you will be notified via a message at the top of the website. You can access the tracking cookie settings from that notification, or by following the relevant link at the bottom of the website.

Additionally, the European Interactive Digital Advertising Alliance (EDAA) has developed the website Your Online Choices (www.youronlinechoices.eu). On this website you can find more information about your cookies, and manage them.

3. User Communications

When you send an email or other communication to Nintendo, Nintendo uses 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).

4. Who Has Access to Your Information

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

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

The legal basis for Nintendo sharing your information with other entities of the Nintendo group is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the website services 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 Nintendo as provided in Section 7 of this Privacy Policy.

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 website. 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.

5. Storage Time

Nintendo will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or – where the applicable law provides for longer storage and retention periods – for the storage and retention period required by law. After that your personal data will be deleted.

In particular:

  • If you withdraw your consent on which a processing of your personal data is based, Nintendo will delete your personal data 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, Nintendo will delete your personal data that Nintendo 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.

6. Your rights under GDPR

In particular, 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 Nintendo as to whether or not Nintendo processes personal data from you and you also have the right to at any time obtain access to our personal data stored by Nintendo. To exercise this right you may at any time contact Nintendo as provided in Section 7 of this Privacy Policy.
  • Right to rectification of your personal data: If Nintendo processes your personal data, Nintendo shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which Nintendo collected your personal data. 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 Nintendo as provided in Section 7 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 Nintendo as provided in Section 7 of this Privacy Policy.
  • 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, 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 7 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 Nintendo, 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 7 of this Privacy Policy.
  • Right to object: You 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.

7. 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.

Nintendo of Europe GmbH Nintendo Online Store Privacy Policy

Last updated: 06.2019

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.

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 and for the purposes of organising the delivery and notice of delivery. In case you provided your telephone number, we may use it for the purposes of organising the delivery and notice of delivery as well.

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 (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, of Wii U 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 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, postal address and email address with our parcel delivery provider to deliver your order. In case you provided your telephone number, we may also share your telephone number with our parcel delivery provider. The legal basis for sharing this information 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 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, D-60528 Frankfurt, 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, Deutschland, or vial email at dataprotectionofficer@nintendo.de.