Privacy Policy

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The website https://playtest-p.nintendo.com/ is operated by:
Nintendo Co., Ltd. (11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan Representative Directors: Shuntaro Furukawa, Shigeru Miyamoto. Registration number: 1300-01-011420).

If you have questions about this website, please contact us by email: contact@nintendo.de (Europe).

Website Privacy Policy

Version: 10.2024(EN-EU)

This Privacy Policy covers the use of the website https://playtest-p.nintendo.com/ operated by:
Nintendo Co., Ltd. (11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan, email: privacyinquiry.ncl@nintendo.de) ("Nintendo").

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”).

If you are a UK resident visiting this website, references to “GDPR” should be read as references to the UK General Data Protection Regulation (“UK 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, Nintendo Account ID, names of requested files, the referral-webpage, the status (e.g. transaction completed), the internet browser and operation 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 services 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 the purpose of ensuring the security and proper functioning of the website.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest Nintendo pursues is the protection of Nintendo systems.

If you are located in a country of the European Union or in the UK, 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 for in Section 7 of this Privacy Policy.

1.3

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

1.4

Nintendo may combine information about your use of this website with your Nintendo Account data. Such combined data will be processed in accordance with the Nintendo Account Privacy Policy (which can be found here https://accounts.nintendo.com/term_chooser/privacy_policy) and your Nintendo Account data settings.

2. Cookies and Similar Technologies

Nintendo may place cookies on its website. Cookies are small files downloaded to your device. When providing our services, we only use cookies that are technically necessary. These are required for the safety and smooth functionality of our website. Most browsers are automatically set to accept cookies. You can disable all cookies in your browser 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.

Nintendo employs security and session cookies that are necessary to provide you with the services you have requested. For example, Nintendo employs session cookies to store your selections whilst you navigate to different pages and to provide access to secure areas of the website. The legal basis for using security and session cookies 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, 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 affiliate, Nintendo of Europe SE and its branches in France, the Netherlands, Belgium, Italy, Germany, Austria, Switzerland, Portugal, Spain and the United Kingdom.
• Nintendo Australia Pty Limited, located in Australia. The level of data protection provided under Australian law is lower than the level provided in the European Community.
  If Nintendo shares your information with Nintendo Australia Pty Limited 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 Nintendo Australia Pty Limited.

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.

If you are located within the European Union or in the UK, 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 information with such third-party data processors acting on Nintendo's behalf or other entities of the Nintendo group to provide services in connection with the website. Where such third-party processors or other entities of the Nintendo group are located outside the European Union respectively the European Economic Area, such third-party processors or other entities of the Nintendo group 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 respectively between Nintendo and the other Nintendo group entity.

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 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

You may in particular, without limitation, 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 your 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 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. 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 SE, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available at www.nintendo.com/eu/contact.

Please note that Nintendo’s representative in the United Kingdom is Nintendo UK, The Quadrant, 55-57 High Street, Windsor, SL4 1LP.

8. Nintendo’s Data Protection Officer:

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