Privacy Policy

Digital Product Privacy Policy

Version 06.2016 (AU/NZ)

Nintendo Co., Ltd., 11-1 Hokotate-cho Minami-ku Kyoto, 601-8501 Japan (“Nintendo”) respects the privacy rights of its users and recognises the importance of protecting their Personal Information. This Digital Product Privacy Policy (the “Privacy Policy”) provides information relating to the collection, use and privacy of Personal Information you submit through the Digital Product.

Nintendo complies with the Privacy Act 1982 (“the Act”) and the Australian Privacy Principles (“the APPs”) in relation to the collection, use, security of and access to Personal Information. In this Privacy Policy, “Personal Information” has the same meaning as in the Act.

If you register a licence for a Digital Product to your user account and consent to this Privacy Policy, you agree that your Personal Information is collected, processed and used in accordance with this Privacy Policy.

If you register a licence for a Digital Product to your user account and consent to this Privacy Policy on behalf of your child, you agree that the Personal Information of your child is collected, processed and used in accordance with this Privacy Policy.

Words and expressions in this Privacy Policy have the same meaning as in the End User Licence Agreement for the Digital Product.

1 Summary

In particular, you agree that

2 What Information We Collect

2.1 Information about Your Person

In order to use the Digital Product, you may need to provide the country you wish your user account to be associated with, your date of birth and gender.

2.2 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 technical information related to your device, such as MAC address, IP address, telephone number, serial number or other alphanumeric codes assigned to your device.

We may also collect 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.

Depending on the features of the Digital Product, we may collect information stored on the device you use such as your contacts list or your location. You will be informed about such features in the Digital Product.

2.3 Information Related to Your Transactions

If you use the Digital Product to make any transactions, we may collect information about these transactions such as the registration of licences, purchases of items, use of items, payments and other related activities.

2.4 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 user account, 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.

2.5 Linking to Other Networks

Nintendo may allow you to link your Digital Product to another account offered by a third party. If you choose to link the accounts, 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 accounts 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 an opportunity to refuse the linking and the transmission. 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 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 choose to link the accounts, Nintendo may collect and combine information related to your use of both such accounts.

2.6 Cookies and Similar Technologies

Websites and web-based content offered by Nintendo 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 website (security cookies and session cookies) and to collect information about the preferences of our online visitors in order to make our online offers more attractive for our users (tracking cookies).

Nintendo may combine information received via such cookies with information of your Digital Product.

3 How Information Is Used

3.1 Providing the Service

The information we collect is used to set up the connection of your device with Nintendo servers, to 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.

Further, we may process information relating to the use of the Digital Product to prevent potentially illegal or offensive activities, to comply with our legal obligations or to enforce our rights or the rights of other users.

3.2 Communication via the Digital Product

If you use the features of the Digital Product that support communication between users and the exchange of User-Generated Content, 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 collective playing or interaction.

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. If you have chosen to link your Digital Product to a network account offered by Nintendo or a third party, the friend list registered with your Digital Product may be synchronised with any friend list registered with the network account offered by Nintendo or the third party. The same applies if you are listed on the friend lists or black-lists of other users of the Digital Product.

3.3 Product Optimisation and Market Research

We may use your information in an aggregated form for demographical and statistical analysis so that we can improve and optimise the Digital Product as well as other content, products and services.

We may also use your information for marketing and market research purposes, so that content, products and services can be tailored to meet your needs and to enable customised recommendations, advertising and offers displayed to you via the Digital Product or other online functionalities. You can opt out of this use of your information at any time.

4 User Communications

When you send an email or other communication to Nintendo, we may retain those communications in order to process your inquiries and respond to your requests.

5 Disclosure of Information

Nintendo may disclose information about you:

Nintendo may also use third-party data processors acting in the interest of Nintendo to administer and process your information strictly in compliance with this Privacy Policy.

6 Safeguarding your Personal Information

Nintendo will take reasonable steps to ensure the security, integrity and privacy of the Personal Information which it collects. This includes appropriate measures to protect electronic materials and materials in hard copy.

Nintendo will take reasonable steps to assure that third parties to whom Nintendo transfers any Personal Information will provide sufficient protection of that Personal Information.

7 Access to, Correction and Deletion of Information

Nintendo will take all reasonable steps to ensure that your Personal Information which Nintendo collects, uses or discloses is accurate, complete and up-to-date.

You can access or correct the information you provided in the settings of your Digital Product. You can delete your information at any time by filling out and sending an enquiry form on the Digital Product or otherwise communicating by a method designated by Nintendo. Your data will be deleted, unless we are required or permitted to retain it by law.

8 Complaints and further information

If you have any complaints about Nintendo's privacy practices, would like further information or would like to do any of the things listed in section 8 of this Privacy Policy please fill out and send the enquiry form on the Digital Product or otherwise communicate by a method designated by Nintendo.

Nintendo will review and investigate your complaint and communicate their findings and any proposed remedial action to you.

9 Contact Us

If you have any questions about this Privacy Policy, please fill out and send the enquiry form on the Digital Product or otherwise communicate by a method designated by Nintendo.