Last updated: 04.2021

This My Nintendo Store Privacy Policy (“Privacy Policy”) applies if you visit and use the My Nintendo Store. The My Nintendo Store is operated by Nintendo of Europe GmbH ("Nintendo", “we” or “us”), Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, and is accessible under https://store.nintendo.co.uk (the “My Nintendo Store Website” or “Website”).

Nintendo is the controller for the processing of your personal data in connection with the Website.

For the purposes of this privacy policy on store.nintendo.co.uk, references to “GDPR” should be read as references to the EU General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016) and if you are a UK resident to the UK General Data Protection Regulation (“UK GDPR”).

Nintendo respects your privacy rights and recognises the importance of protecting your personal data.

This Privacy Policy applies for any visit to the My Nintendo Store Website and for any order that is placed in the My Nintendo Store using a Nintendo Account or using the guest function without a registered account. If you log in to the My Nintendo Store using your Nintendo Account and if you place an order in the My Nintendo Store via your Nintendo Account, the Nintendo Account Privacy Policy applies in addition to this Privacy Policy.

The Nintendo Account Privacy Policy can be found here. The Nintendo Account Privacy Policy covers the general processing involved with the creation and use of a Nintendo Account by us and our parent company Nintendo Co., Ltd. With respect to the My Nintendo Store, the My Nintendo Store Website and any transactions or other activities made via the My Nintendo Store, this My Nintendo Store Privacy Policy is more specific than the Nintendo Account Privacy Policy and, in case of divergent information, prevails over the Nintendo Account Privacy Policy. If you have questions about our data processing or the different privacy policies, please contact us as stipulated under Section 8 below.

1 What Information we Collect and Process

 1.1 Automated Collection of Data

Certain information is transmitted to Nintendo’s servers by the internet browser of each online visitor when they access the My Nintendo Store 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.

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

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 My Nintendo Store Website, including the prevention of hacking attacks to our systems. The legal basis for this processing is our legitimate interest (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 8 of this Privacy Policy.

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

1.2 Data concerning the Usage of the My Nintendo Store

1.2.1 Placing an Order

To place an order in the My Nintendo Store, you can either log in using your Nintendo Account or you can place the order as a guest user.

If you use your Nintendo Account, please consult the Nintendo Account Privacy Policy to see the personal data collected and processed by us or by our parent company Nintendo Co., Ltd. when you use your Nintendo Account. In addition to the data processing described in the Nintendo Account Privacy Policy, we need to collect your first and last name, your phone number, your delivery address and your billing address to fulfil your order in the My Nintendo Store.

If you want to place an order in the My Nintendo Store as a guest user, you need to provide your email address, your first and last name , your phone number, your delivery address and your billing address,. We need this information to be able to process and fulfil your order.

1.2.2 Payment

Depending on the payment method you choose, you need to provide further personal data to enable us or the payment service provider or acquirer responsible for the respective payment method to process your payment.

You can choose to pay via debit or credit card, PayPal, Apple Pay or Google Pay.

If you choose to pay via debit or credit card, you need to provide your debit or credit card information (debit or credit card number, expiration date and security code) to enable the transaction. To enable the payment, we are required to share your shipping address, IP address and information about the browser you use when placing your order with the respective payment service provider or acquirer.

If you use PayPal as a payment method, we need to share your shipping address and IP address with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg to process your payment.

If you choose GooglePay, to enable your payment we need to share your shipping address, IP address and information about the browser you use when placing your order with Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland.

If you pay using ApplePay, we need to share your name, your billing and shipping address and your IP address with Apple Inc., OneApple Park Way, Cupertino, California 95014, USA. 

1.2.3 Further Data collected / Wishlist Function

If you log in to the My Nintendo Store using a Nintendo Account, you have the option to create a wish list. We will store your wish list and you can access it anytime when visiting the My Nintendo Store logging in via your Nintendo Account.

We also collect information about the orders and purchases you made in the My Nintendo Store.

If you subscribe to newsletters and if you allow customized offers and recommendations in your Nintendo Account settings, we might send you email notifications about products on your wish list, e.g. if there is a special offer for a product on your wish list.

1.3 Marketing and Advertising Messages

1.3.1 Subscription to Marketing and Advertising Messages

Subject to your consent, Nintendo may send you marketing and advertising messages about My Nintendo Store and related products and services.

a)   Nintendo Account Settings

If you log in to the My Nintendo Store via your Nintendo Account and if you opted in to receiving marketing and advertising messages and allow to customise offers and recommendations in the settings of your Nintendo Account, the messages are sent to the email address registered in your Nintendo Account and the processing is subject to the Nintendo Account Privacy Policy.

b)   Back in Stock Notifications for Nintendo Account Users

If you log in to the My Nintendo Store via your Nintendo Account, you have the option to register for notifications for specific products that are currently out of stock. If you activate such notifications on the respective product display page by clicking on “Notify Me”, you will be informed via email if the product is back in stock. The email will be sent to the email address registered with your Nintendo Account.

c)   Newsletter Opt-In in the My Nintendo Store

If you do not have or log in via a Nintendo Account, or if you log in via your Nintendo Account, depending on your Nintendo Account settings you have the option to register separately for the marketing and advertising messages in the My Nintendo Store in the course of the checkout process. These messages include notifications about products left in your shopping basket, latest pre-orders, exclusive products, news, events and promotions from My Nintendo Store . If you register for the marketing and advertising messages in the course of a checkout process, your consent is not subject to completing the checkout.

In case you register for the marketing or advertising messages in the My Nintendo Store and you do not have a Nintendo Account, we will send you an email asking you to confirm your consent. The messages are sent to the email address you provided in the course of the checkout process.

d)   “Register Your Interest” Forms

All users can register for messages about certain products or services they want to be informed about on the product display pages of the respective products on the My Nintendo Store Website (“Register Your”). If you register for the marketing and advertising messages in the course of an ordering process, your consent is not subject to you finally placing the order.

In case you register for the “Register Your Interest” notifications, we will send you an email asking you to confirm your consent. The messages are sent to the email address you provided in the “Register Your Interest” form.

1.3.2 Matching of Email Addresses

To avoid that you receive the same marketing and advertising messages multiple times, we might check your email address for additional newsletter registrations if you registered for marketing and advertising messages in the My Nintendo Store and were not logged in via a Nintendo Account.

1.3.3 Tracking Your Interactions with our Marketing and Advertising Messages

If you provided your consent to receiving marketing and advertising messages in the My Nintendo Store (in the ordering process, in a “Register Your Interest” form or if you activated a “Back in Stock” notification), we collect information on whether you opened such messages and which links in their text you followed.

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 ordered digital products, we also use your email address to send the products you purchased to you. Your telephone number will be used for the purposes of organising the delivery and notice of delivery as well.

We process your credit card information, debit card information or other information referring to the payment method you chose and share this data with the respective payment service provider 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) GDPR).

We also use your email address to send you, through a third party which acts as our data processor, customer review invitations when you have purchased a product in the My Nintendo Store.

The legal basis for sending you customer review invitations is our legitimate interest (Art. 6 para. 1 (f) GDPR). The legitimate interest we pursue is the regular improvement of our online store by receiving feedback from our customers.

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 unsubscribe from receiving such emails by clicking on the opt-out link provided in the email sent to you or contact us as provided in Section 8 of this Privacy Policy.

If you use the additional service to store your credit card data and if your stored credit card has expired or has changed, the following applies: In case the issuing bank of your credit card offers a credit card account update service and in case you have authorised your issuing bank, we may receive updated credit card information. This minimises the rejection of card payments when credit card data expires or changes. We receive such updated credit card data based on the consent you have given your issuing bank (Art. 6 para. 1 (a) GDPR) and use such updated credit card data for 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 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.

2.3 Compliance with a Legal Obligation

During and after the completion of a purchase order, we might be required to collect and store certain data due to legal obligations, in particular resulting from tax and commercial law.

As far as we process personal data to comply with our statutory obligations, the legal basis for the processing is Art. 6 para. 1 (c) GDPR.

2.4 Sending of Marketing and Advertising Messages

If you agreed to receive marketing and advertising messages from us, the legal basis for the processing of your personal data in connection with such messages as described in Section 1.3.1 above is your consent (Art. 6 para. 1 (a) GDPR).

You can withdraw your consent to receive marketing and advertising messages at any time.

If you have a Nintendo Account and opted in to receive such messages in your Nintendo Account, you can withdraw your consent by changing your promotional emails settings under “Other Settings” in the account settings of your Nintendo Account.

You can unsubscribe from the “Back in stock” notifications for Nintendo Account users as described in Section 1.3.1 b) above at any time by clicking the “unsubscribe” link provided in every email and following the instructions provided there or by contacting us as described in Section 8 below.

If you registered for the marketing and advertising messages in the My Nintendo Store as described in Section 1.3.1 c) above and if you do not have a Nintendo Account, or if you have a Nintendo Account, but do not subscribe to promotional emails in your Nintendo Account settings, you can withdraw your consent by clicking the “unsubscribe” link provided in every email and following the instructions provided there or by contacting us as described in Section 8.

You can unsubscribe from the “Register Your Interest” notifications as described in Section 1.3.1 d) above at any time by clicking the “unsubscribe” link provided in every email and following the instructions provided there or by contacting us as described in Section 8 below.

2.5 Avoiding Sending the Marketing and Advertising Messages Multiple Times

As described in Section 1.3.2 above, if you registered for marketing and advertising messages in the My Nintendo Store and if you did not log in using a Nintendo Account, we will check whether your email address is also registered for a Nintendo Account also receiving marketing and advertising messages.

This data matching is necessary for avoiding that you receive the same emails multiple times and to make our newsletter system more user-friendly. The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the avoidance of a negative experience for the users.

You have the right to object 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.

2.6 Increasing the Relevance of Marketing and Advertising Messages

If you receive marketing and advertising messages from us, the legal basis for using your information as described in Sections 1.2.3 and 1.3.2 above, i.e. to customise the marketing messages (depending on your personal preferences (your wish list), and / or for processing information on whether you opened such messages, which links in their text you followed or options you selected, is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for customising marketing and advertising messages you agreed to receive as it avoids that you receive marketing and advertising messages that are not relevant for you. Collecting information on whether you opened such messages, which links you followed and options you selected helps us to understand which messages and links are of increased relevance for you and to optimize any future marketing and advertising messages for your benefit.

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 contact us as provided in Section 8 of this Privacy Policy or you can opt out of the processing of your information for such customised marketing purposes at any time in your Nintendo Account settings, if applicable, or by clicking the “unsubscribe” link contained in every email and following the instructions.

3 Cookies and Similar Technologies

3.1 Strictly Necessary Cookies

Nintendo uses security and session cookies that are strictly necessary to provide you with the services you have requested. Cookies are small files downloaded to your device. For example, we serve cookies that enable us to maintain your session on the My Nintendo Store Website and to store your selections whilst you navigate through to different pages. We also serve cookies that enable us to remember any language preferences you have chosen so that we present the My Nintendo Store Website in your preferred language. We also serve cookies that are required in order to make the shopping basket function available to you in the My Nintendo Store.

The legal basis for using such strictly necessary security and session cookies is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

3.2 Tracking Cookies

Apart from cookies that are strictly necessary for the provision of our services, the My Nintendo Store Website may use tracking cookies. Tracking cookies will only be activated if you explicitly allow it. In this case, the legal basis for using tracking cookies is your consent (Art. 6 para. 1 (a) GDPR).

The legal basis for the subsequent processing of the data collected via tracking cookies such as usage, analysis and storage is Art. 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the improvement and optimization of the My Nintendo Store Website as well as the advertisement strategy for the benefit of the visitors of the My Nintendo Store Website.

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 nonessential cookies in the cookies settings below.

3.2.1 Nintendo's Tracking Cookies

With your explicit consent, we use our own tracking cookies on the My Nintendo Store Website to help us learn how we can serve our customers as best as 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 and for collecting personal data through the tracking cookies is your consent (Art 6 para. 1 (a) GDPR). We will only activate these tracking cookies after you explicitly allow their use. If you permitted the use of tracking cookies, you can deactivate these cookies at any time by updating your cookie settings.

The legal basis for the subsequent processing of the data collected with the tracking cookies such as usage, analysis and storage is Art. 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the improvement and optimization of the My Nintendo Store 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 nonessential cookies in the cookies settings.

3.2.2 Google Analytics and Signals

With your consent, the My Nintendo Store Website uses Google Analytics, a web analytics service provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google Ireland”). Google Analytics uses cookies to help Nintendo analyse how visitors use the My Nintendo Store Website. The information generated by the cookie about the visitors' use of the My Nintendo Store Website will generally be transmitted to and stored by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google") on servers in the United States.

On the My Nintendo Store Website, IP anonymisation has been activated for the purposes of Google Analytics. The IP addresses of 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 server by Google in the United States and shortened there. On behalf of Nintendo, Google Ireland will use this information for the purpose of evaluating the My Nintendo Store 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 Ireland / Google will not associate the IP address transferred in the context of Google Analytics with any other data held by Google Ireland or Google. For further information please visit https://support.google.com/analytics/answer/6004245?hl=en.

The legal basis for enabling Google Analytics is your consent (Art. 6 para. 1 (a) GDPR). Google Analytics will only be activated if you explicitly allow it. If you permitted the use of Google Analytics, you can disable Google Analytics at any time by updating your cookies settings. Alternatively, Google Analytics can be deactivated by downloading and installing a browser plug-in through the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

The legal basis for the subsequent processing of the data collected via Google Analytics such as usage, analysis and storage is Art. 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the improvement and optimization of the My Nintendo Store Website and the advertisement strategy for the benefit of the Website visitors.

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 nonessential cookies in the cookies settings.

The My Nintendo Store Website also uses „Google Signals“. Google Signals is an update provided by Google Ireland 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 the Google Analytics reports. As the data Google Signals generates for Nintendo is aggregated, Nintendo is unable to identify any individual user from such data. On an aggregated basis, Google Signals provides Nintendo with information about how a visitor interacts with the My Nintendo Store 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.

3.2.3 Google Ads Remarketing

With your consent, this Website uses the Google Ads Remarketing technology which is a service from Google Ireland. Advertisements can be presented within the advertising network of Google / Google Ireland based on content which has previously been accessed on websites within the advertising network by visitors that are also using the Google Ads Remarketing feature. In particular, based on your prior use of the My Nintendo Store Website we use Google Ads Remarketing to target our ads to you when you visit other websites, e.g. sites in Google’s / Google Ireland’s content network.

The legal basis for enabling Google Ads Remarketing is your consent (Art. 6 para. 1 (a) GDPR). We will only use Google Ads Remarketing if you explicitly allow it. If you permitted the use of Google Ads Remarketing, you can disable Google Ads Remarketing at any time by updating your cookies settings. Alternatively, Google Ads Remarketing can be deactivated by updating the settings under http://www.google.com/settings/ads.

The legal basis for the subsequent processing of the personal data collected via the Google Ads Remarketing technology is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in marketing purposes as it helps placing advertisements that have an increased relevance. 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 nonessential cookies in the cookies settings.

When you access the My Nintendo Store Website while logged into your Google account and when you have chosen to enable Google / Google Ireland to associate your browsing history with your Google account and to use such information to personalize advertisements, Google / Google Ireland associates information collected through Google Analytics to your Google account data. Google / Google Ireland will use the collected information for cross-device marketing purposes. In particular, based on your use of the My Nintendo Store Website on one device our advertisements can be targeted to you when you browse on another device. As the data Google / Google Ireland collects on the My Nintendo Store Website about Google account users is aggregated, Nintendo is unable to identify any individual user from such data. You can find additional information about the collection and use of data by Google / Google Ireland under http://www.google.com/policies/privacy/.

Google account users can control their advertisement experience and modify their settings with respect to personalized advertisements at any time in their Google account settings.

3.2.4 Google Marketing Platform/Double Click

With your consent, the My Nintendo Store Website also uses services that are offered as part of the “Google Marketing Platform” (including the former “DoubleClick” service) provided by Google Ireland. These services by Google Ireland use 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 Google Marketing Platform cookie enables Google Ireland 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 Google Marketing Platform cookie to log conversions related to advertisement requests - such as when a user views an advertisement placed via the Google Marketing Platform and later uses the same browser to visit the advertiser’s website.

The legal basis for enabling the Google Marketing Platform cookie is your consent (Art. 6 para. 1 (a) GDPR). We will only use Google Marketing Platform if you explicitly allow it. If you permitted the use of Google Marketing Platform, you can disable Google Marketing Platform at any time by updating your cookies settings. Alternatively, the Google Marketing Platform cookie can be deactivated by installing the Google Marketing Platform browser plug-in through the following link: https://www.google.com/settings/ads/plugin or by updating the settings on the following website: https://www.google.com/settings/ads.

The legal basis for the subsequent processing of the personal data collected via the Google Marketing Platform cookie is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in marketing purposes as it helps placing advertisements that have an increased relevance.

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 nonessential cookies in the cookies settings.

3.2.5 Facebook Tracking Pixel

With your consent, the Facebook Tracking Pixel with the remarketing function “Custom Audience” is used on the My Nintendo Store Website. The Facebook Tracking Pixel is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).

The Facebook Tracking Pixel with the remarketing function is used by Nintendo to target, based on visitors’ prior use of the My Nintendo Store 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. The information collected by Facebook might also be transferred to recipients outside the European Economic Area. 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 your consent (Art. 6 para. 1 (a) GDPR). We will only use the Facebook Tracking Pixel if you explicitly allow it. If you permitted the use of the Facebook Tracking Pixel, you can disable the Facebook Tracking Pixel at any time by updating your cookies settings or by updating your Facebook account settings.

The legal basis for the subsequent processing of the personal data collected in connection with the Facebook Tracking Pixel is Art 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in marketing purposes as it helps placing advertisements that have an increased relevance.

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 nonessential cookies in the cookies settings.

3.2.6 Hotjar

With your consent, the My Nintendo Store Website uses web analysis services by Hotjar Ltd., Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141, 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 the My Nintendo Store 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, the My Nintendo Store 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.

We might also use the service Surveys by Hotjar to show you some short questions about your user experience on the My Nintendo Store Website before you leave the Website. The answers in this tool can be provided anonymously.

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, answers provided in surveys 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.

With the exception of surveys, 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 enabling the Hotjar cookies is your consent (Art. 6 para. 1 lit. (a) GDPR). We will only use Hotjar cookies if you explicitly allow it. If you permitted the use of Hotjar cookies, you can disable the Hotjar cookies at any time by updating your cookies settings. Alternatively, the Hotjar cookies can be disabled by following the instructions under: https://www.hotjar.com/legal/compliance/opt-out.

The legal basis for the subsequent processing of the data collected via Hotjar such as usage, analysis and storage is Art. 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the improvement and optimization of the My Nintendo Store 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 nonessential cookies in the cookies settings below.

3.2.7 Twitter Website Tag

With your consent, the My Nintendo Store Website also uses the Twitter Website Tag with a remarketing function. The Twitter Website Tag is operated by Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland (“Twitter”).

The Twitter Website Tag 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 Twitter.

Through the Twitter Website Tag a direct connection to the Twitter servers is made when visitors visit the My Nintendo Store Website. This will send the information to the Twitter server that a visitor visited this Website, and Twitter will process this information and can assign this information to a visitor’s personal Twitter user account. For more information on how Twitter collects, processes, and protects the privacy, please see the Twitter privacy policy at https://twitter.com/privacy.

The legal basis for using the Twitter Website Tag is your consent (Art. 6 para. 1 (a) GDPR). We will only use the Twitter Website Tag if you explicitly allow it. If you permitted the use of the Twitter Website Tag, you can disable the Twitter Website Tag at any time by updating your cookies settings or in your Twitter account settings.

The legal basis for the subsequent processing of the personal data collected via the Twitter Website Tag such as usage, analysis and storage is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in marketing purposes as it helps placing advertisements that have an increased relevance.

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 nonessential cookies in the cookies settings.

3.2.8 Awin

We cooperate with Awin affiliate marketing network for digital advertising services provided by Awin AG, Eichhornstr. 3, 10785 Berlin, Germany (“Awin”). In the course of this program, subject to your consent, certain transactions are documented and identified. With your consent, we might place cookies that help us understand your navigations before a transaction in the My Nintendo Store and the effectiveness of our advertising measures. The data collected by these cookies is not necessarily personal data.

Awin places cookies on your device and uses information about transactions such as purchases in the My Nintendo Store. Awin collects information about your browser, device and the time you clicked on one of our ads. Awin cooperates with different publishers who display our ads on their websites. Publishers may also place cookies on your browser.

The cookies placed by Awin, the publishers or us serve the purpose to identify whether you purchased one of our products after having been shown an ad for this product before. These cookies may collect an identification number, a serial number and information about the specific advertising method. The cookies do not necessarily collect personal data.

Depending on your browser settings, in addition or alternatively to the cookies, your behaviour might be tracked via personalized URLs. This only serves the purpose to see whether you purchased one of our products after having been shown an ad for this product before.

For more information please see Awin's privacy policy: https://www.awin.com/gb/privacy

The legal basis for placing cookies to analyse your transactions within the Awin affiliate marketing network is your consent (Art. 6 para. 1 (a) GDPR). We will only use the respective cookies if you explicitly allow it. If you permitted the use of these cookies, you can disable the cookies at any time by updating your cookies settings.

The legal basis for any further processing of personal data in connection with the Awin affiliate marketing network is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in marketing purposes as it helps placing advertisements that have an increased relevance. In addition, identifying your transactions and the effectiveness of our ads facilitates the processing of commission payments in the Awin affiliate marketing network.

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 nonessential cookies in the cookies settings.

3.2.9 Bing Ads

With your consent, the My Nintendo Store Website uses the Bing Ads tracking service, which is provided and operated by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA (“Microsoft”). Subject to your consent, Microsoft places a cookie on your end device if you have accessed our Website via a Microsoft Bing advertisement. This way, both we and Microsoft can identify that you have clicked on an advertisement, have been forwarded to our Website and have accessed a specific page on our Website.

Based on the information collected by the cookie, Microsoft can create pseudonymised user profiles. These user profiles are used for analysing the visitor behaviour on our Website and for displaying suitable advertisements. Among other things, the amount of time that has been spent on the Website, which areas of the Website were accessed and from which advertisement you came to the Website are recorded.

Microsoft can track your usage behaviour across multiple electronic devices through cross-device tracking. The information collected is transmitted to a Microsoft server in the United States.

You can find additional information about Bing Ads and the use of personal data for advertising purposes by Microsoft at https://secure.bingads.microsoft.com/ and https://privacy.microsoft.com/en-US/privacystatement.

The legal basis for placing cookies to analyse your interactions with our Website and placing suitable advertisements is your consent (Art. 6 para. 1 (a) GDPR). We will only use the Bing Ads cookies if you explicitly allow it. If you permitted the use of Bing Ads cookies, you can disable the cookies at any time by updating your cookies settings. Alternatively, you can deactivate the Bing Ads cookies here: http://choice.microsoft.com/de-DE/opt-out).

The legal basis for any further processing of personal data collected by the Bing Ads cookie is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in marketing purposes as it helps placing advertisements that have an increased relevance.

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 nonessential cookies in the cookies settings.

We will occasionally update this Section 3 to reflect changes. If we make material changes to our use of tracking cookies, you will be notified via a message at the top of the Website. You can access the cookies settings 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.

4 User Communications

When you send an email or other communication to Nintendo, we use those communications and any personal data you decided to share in order to process your inquiries and respond to your requests. You can contact us via email, chat or telephone. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

If you contact us via telephone, we may record and use the conversation for quality and training purposes and for the provision of customer support services, if you do not object to the recording The legal basis for processing your personal data in connection with the recording, the storage of the recording and the subsequent use for provision of customer support services and quality and training purposes is our legitimate interest (Art. 6 para. 1 (f) GDPR). The legitimate interest Nintendo pursues is to provide the required customer support services and the general improvement of the customer support services provided to My Nintendo Store customers.

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 8 of this Privacy Policy.

5 Who Has Access to Your Information

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

• its parent company Nintendo Co., Ltd. located in Japan; and
• 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 My Nintendo 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.

Where such Nintendo group companies are located outside the European Union respectively the European Economic Area, the companies 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 other entity of the Nintendo group.

5.2 Certain of our products are age-restricted and, to comply with our legal obligations, we are required to verify your age prior to accepting your purchase of these products. We use a data-driven service provided by GB Group to verify the age of our UK-based customers. GB Group relies on data sourced from the credit reference agency Equifax Limited, 1 Angel Court, London, EC2R 7HJ, UK (“Equifax”). In the age verification process, we share your name, address and the date of birth you provide to us with GB Group and Equifax.

The legal basis for disclosing personal data to Equifax is our compliance with a legal obligation (Art. 6 para. 1 (c) GDPR).

As Equifax is a credit reference agency, we are obliged to share with you a copy of their information notice: https://www.equifax.co.uk/crain.html. 

5.3 To enable your payment in the My Nintendo Store, as further explained in Section 1.2.2 above we also need to share some of your personal data the payment service providers and acquirers offering the payment method you chose. The legal basis for sharing this information is the performance of the purchase agreement (Art. 6 para. 1 (b) GDPR). Please find further information about the payment service providers offering the payment methods available in the My Nintendo Store and their data processing activities here.

5.4 In case you ordered physical products, we will also share your name, postal address, phone number and email address with our parcel delivery provider to deliver your order. 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).

5.5 In compliance with applicable data protection requirements, Nintendo may also use third-party data processors and may share your information 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 periods – 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 have previously logged in to the My Nintendo Store via your Nintendo Account, your personal data will be deleted if you terminate your Nintendo Account by deleting your Nintendo Account in the account settings or by contacting us as provided for in the Nintendo Account Privacy Policy.
• If you withdraw your consent on which a processing of your personal data is based, we 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, 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 GDPR:

• 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. 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 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 8 of this Privacy Policy or proceed as further described in 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, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available under nintendo-europe.com/contact.

You can also contact Nintendo’s data protection officer:

Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via email to dataprotectionofficer@nintendo.de.

Please note that although our main office is based in Frankfurt am Main, Germany, we also maintain a registered branch in the United Kingdom at: Nintendo UK, The Quadrant, 55-57 High Street, Windsor, SL4 1LP.