Privacy Policy

Digital Product Privacy Policy

Version 04.2018 (EN-EU)

Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku Kyoto, 601-8501, Japan, supermariorun-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.

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.

1 What Information We Collect and Process

1.1 Information about Your Person

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.

1.2 Information about the Device You Use

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.

1.3 Information Related to Your Transactions

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.

1.4 Information Related to Your Use of the Digital Product

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.

1.5 Linking to Other Networks

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.

1.6 Cookies and Similar Technologies

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.

2 How Information Is Used - Purposes of Processing

2.1 Providing the Service

We collect and further process the information in order to:

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).

2.2 Fraud Prevention and Prevention of Other Illegal Activities

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.

2.3 Communication via the Digital Product

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 be suggested to 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.

2.4 Usage Information

"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.

2.4.1 Provision of the service

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).

2.4.2 Product and Service Improvement

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 optimization 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 "Sharing Usage Data" settings of your Digital Product.

2.4.3 Customized Offers and Recommendations

We may also process the Usage Information for purposes of customised marketing, so that content, products and services can be tailored to meet your needs and to enable customised 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. Customised 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 customised marketing purposes. To exercise this right you may at any time opt out in the "Sharing Usage Data" settings of your Digital Product.

2.5 Linking to Other Networks

The legal basis for the processing in the cases explained in Section 1.5 is Art. 6 para. 1 (a) GDPR.

2.6 Cookies and Similar Technologies

The legal basis for using security and session cookies as explained in Section 1.6 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

3 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).

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:

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 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

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:

6 Your rights under GDPR

In particular, but without limitation, you may have the following rights under applicable European data protection law:

7 Nintendo’s European Representative and Contact

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.

8 Nintendo’s Data Protection Officer:

Nintendo Co., Ltd., Attn.: Data Protection Officer, 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, dataprotectionofficer@nintendo.co.jp