Version 07.2019 (EN-EU)
Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku Kyoto, 601-8501, Japan, drmario-world-support@nintendo.co.jp (“Nintendo”) respects the privacy rights of its users and recognises the importance of protecting their personal data. This Digital Product Privacy Policy (the “Privacy Policy”) provides information relating to the collection, processing, use and privacy of information you submit through the Digital Product or when you pre-register for the download of the Digital Product or address any inquiries or opinions about the Digital Product to us before the official release of the Digital Product.
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”).
Words and expressions in this Privacy Policy have the same meaning as in the End User License Agreement for the Digital Product.
If you have any inquiries or opinions about the Digital Product, you can contact us via our general support email address specified on the pre-registration page and post-release store page of the Digital Product or in this Privacy Policy. If you address such enquiry or opinion to us, we process your email address and any other personal data you submit to us to be able to answer to your enquiry or opinion.
In order to use the Digital Product you may need to provide the country you wish your user experience to be set to. The provision of this information is necessary to provide you with the country-specific content of the Digital Product.
To enable the connection of the device on which you use your Digital Product to Nintendo servers, we may collect and process technical information related to your device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to your device.
We may also collect and process information about the settings of the device you use to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the device; we may also collect screen resolution and other display preferences of the device that you use.
If you use the Digital Product to make any transactions, we collect and process information about these transactions, such as the registration of licences, purchase of items, use of items, payments and other related activities.
To enable you to enjoy all features of your Digital Product, we process the data related to your activities, such as the nickname, appearance and profile of the character representing you in the Digital Product, alphanumeric codes assigned to your Digital Product, friends and favourites that you registered, other users you played with, User-Generated Content that you uploaded, posted or otherwise made available via the Digital Product, your online presence information, and other data specific to the features of the Digital Product that you use.
We may also collect your activity history data such as which features of the Digital Product you used, at what times you played, your level, score and in-game location, as well as crash reports.
Nintendo may allow you to link your Digital Product to another account offered by a third party. If you consent to link the account to your Digital Product, Nintendo may collect and combine information you allowed Nintendo to receive from the third party with information from your Digital Product.
If the linking of the account to your Digital Product requires the transmission of information about your person from Nintendo 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.
Nintendo is not responsible for the use of your information that was transmitted with your consent by any third party.
Nintendo may also allow you to link your Digital Product to another account offered by Nintendo or its European affiliated companies. If you consent to link the accounts, Nintendo may collect and combine information related to your use of both such accounts. Any opt-in or opt-out settings you have chosen in your Digital Product continue to apply to your use of the Digital Product.
The Digital Product 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).
The security and session cookies that we employ are necessary to provide you with the services you have requested. For example, we employ cookies that enable us to maintain your online session.
The Digital Product uses Google Analytics, a web analysis service of Google LLC (1600 Amphitheatre Parkway,
Mountain View, CA 94043, USA; “Google”). Google Analytics uses cookies that are stored on your device and
facilitate the analysis of your use of our services. The information generated by the cookie about your use of our
services is transmitted to Google and stored by Google on servers located in the United States. In the Digital
Product, 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 Google server in the United States and shortened
there. On our behalf, Google will use this information for the purpose of evaluating the Digital Product for us,
in order to compile reports on the activity of the Digital Product, and to provide other services relating to the
activity of the Digital Product and internet usage for us. 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.
We collect and further process the information in order to:
• Set up the connection of your device with Nintendo servers,
• Enable your use of the Digital Product; and to
• Process requests that you make via the Digital Product.
If you use the Digital Product for making transactions, we process the information about the transactions you make to the extent necessary to process your orders, to provide you with the transaction history and to meet our financial and legal obligations.
The legal basis for the processing referred to in this Section 2.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
We may process the collected information relating to the use of the Digital Product to prevent fraud, potentially
illegal or offensive activities or to enforce our rights or the rights of other 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 our 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 7 of this Privacy
Policy.
Online features of the Digital Product which enable you to play online with other users or to participate in online rankings are part of the Digital Product. If you choose to use such features, your user name, game avatar, game status and/or other gameplay and ranking data 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 features, parts of the Digital Product may support further communication between users and the exchange of User-Generated Content. If you choose to use such parts of the Digital Product, other users may be able to see some information about you, such as your nickname, the appearance and profile of any character representing you in the Digital Product and any User-Generated Content you submit. Depending on the features you use, your player history, your ranking and 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 set up a friend list or a black list for the Digital Product, this information may be processed 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 Digital Product to a network account offered by a third party (see Section 1.5 above), you will become friends with other users within the Digital Product, who are your friends in the linked network account and have also consented to link their Digital Product to their network account. If you have consented to link your Digital Product to a network account offered by Nintendo (see Section 1.5 above), the friend list (with the nicknames of your friends) registered with your Digital Product may be synchronised with any friend list registered with the network account offered by Nintendo. The same applies if you are listed on the friend lists or black lists of other users of the Digital Product.
“Usage Information” as referred to in this Section 2.4 includes all information submitted through the Digital Product as well as all information collected and processed when using the Digital Product.
We process the Usage Information for the provision of the service of the Digital Product described in Section 2.1. The legal basis for the processing referred to in this Section 2.4.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
We process the Usage Information to perform analytics and statistics of the usage of the Digital Product in order
to improve and optimise the Digital Product and our products, our services and performance of our products and
services.
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 Digital Product 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 opt out in the “Data Collection” settings of your
Digital Product.
We may also process the Usage Information for purposes of targeted marketing, so that content, products and
services can be tailored to meet your needs and to enable targeted recommendations and offers displayed to you via
the Digital Product or other online functionalities. The legal basis for this processing is Art. 6 para. 1 (f)
GDPR. Nintendo has a legitimate interest in processing your information for such marketing as it avoids displaying
recommendations and offers that are irrelevant for the user. Targeted recommendations and offers have an increased
relevance of 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 targeted marketing
purposes. To exercise this right, you may at any time opt out in the “Data Collection” settings of your Digital
Product.
The legal basis for the processing in the cases explained in Section 1.5 is Art. 6 para. 1 (a) GDPR.
The legal basis for using security and session cookies as explained in Section 1.6.1 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
The legal basis for using Google Analytics (see above Section 1.6.2) and for analysing usage of our service is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimisation 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 you may at any time opt out in the “Data Collection” settings of your Digital Product.
If you do not object to the use of Google Analytics, information received via Google Analytics may be combined with information from your Digital Product and used for the purposes as described in Section 2.4 above.
When you send an email or other communication to Nintendo (which includes contacting us with any enquiries or
opinions in the pre-registration phase and via the post-release store page), 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).
Nintendo may share your information with other entities of the Nintendo group to be used in accordance with this Privacy Policy; in particular, with:
The legal basis for Nintendo 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 Digital Product 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 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 Digital Product. Where such third-party processors are located outside the European Union or 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 in compliance with GDPR, such as 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 periods – for the
storage and retention period required by law. After that your personal data will be deleted.
In particular:
In particular, but without limitation, you may have the following rights under applicable European data protection law:
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’s European representative Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, or via email at privacyinquiry.ncl@nintendo.de.
Nintendo Co., Ltd., Attn.: Data Protection Officer, 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, dataprotectionofficer@nintendo.co.jp.
We may update this Privacy Policy from time to time to reflect changes of our data processing activities. Therefore, please make sure that you always read the most recent version.