Nintendo of Europe GmbH
My Nintendo Store: Privacy Policy
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.
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.