Privacy Policy for promotions and events

Nintendo UK, a branch of Nintendo of Europe SE ('Nintendo', 'we', 'our', or 'us'), Goldsteinstrasse 235, D-60528 Frankfurt am Main, Germany, is committed to respecting your privacy rights.

This Privacy Policy describes how we collect, use, disclose, store and protect your information when you participate in one of our promotions and/or attend one of our events.

Please make sure that you understand the terms and conditions for entry to our promotions and events and make sure that you are eligible. If you are under 13 and allowed to participate, please ask your parent or guardian to read this Privacy Policy and explain to you any bits that you don't understand.

This Privacy Policy was last updated on 23 February 2023. We may change this Privacy Policy from time to time so please check back regularly to keep informed of updates.

Your Information

We may collect and use the following information about you:

i. Information you provide to us

In order to register for or attend one of our events or participate in one of our promotions, we may ask you to provide:

• full name;
• home address;
• email address;
• age (to determine whether you are eligible to attend or participate); and
• any event access or dietary requirements (for example if you need special assistance at one of our events).

If relevant in the circumstances, you may also be asked to provide and we will process:

• information in connection with the event or promotion, including feedback, reviews, answers to promotion questions, photos, videos or other user generated content; and
• the content of any email or other communication with us, for example, if you contact us to enquire about the event or the promotion.

Please note that if you provide us with information relating to another person, you must inform them of our identity, the purposes for which their information will be used and obtain their consent to sharing their information with us.

ii. Information we collect automatically (including by cookies)

If you engage with one of our promotions or events via social media, for example if you enter one of our promotions through a social media channel, or register for, like, or comment on one of our events through social media, we will collect your social media handle or ID to enable us to contact you via the applicable social media channel about the promotion or event.

If you attend one of our events, we may collect information about you in photographs and videos that we take at those events. We will let you know in advance if we intend to take photographs or record an event.

If you register for one of our events or participate in one of our promotions online via one of our websites (collectively "Websites") we may automatically collect information from your device.

Specifically, the information we collect automatically may include information such as computer’s IP address (which is automatically assigned to your computer by your internet service provider), operating system, log in times, browser type and unique device ID, broad geographic location (e.g. country or city-level location) and other technical information including about the websites you visited before and after visiting the Website, search queries that landed you on the Website, search queries you conducted on the Website and pages and advertisements you viewed and links you clicked on while using the Website.

Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.

Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.

ii. Information we collect from third parties.

From time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

For example, you may choose to register for an event or participate in a promotion via a social media account. Exactly what information we receive from your social media provider will depend on your social media privacy settings, but will typically include your basic public profile information (including your social media handle) and email address.

We may also receive information from our group companies if, for example, you enter a promotion via your Nintendo Account.

Use of Information

The main purposes for which we use your personal information are:

• to manage our events and coordinate your attendance at our events;
• to facilitate your participation in our promotions;
• to manage and respond to your enquiries, complaints or other correspondence with us;
• to solicit and manage your reviews of our products and/or services;
• to send you service-related communications (e.g. about our event(s));
• to send you marketing communications where we have permissions to do so; and
• to carry out analysis and market research into our events, products and services to help improve them.

Cookies and similar tracking technology

If you register for one of our events or participate in one of our promotions online via one of our Websites, we may use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you, including to serve interest-based advertising. For further information about the types of Cookies we use, why, and how you can control Cookies, please refer to the Cookie Policy on our Website.

Who we share your information with

We may share your information with the following categories of recipients:

• to Nintendo group companies or our third party service providers and third party partners who provide data processing services to us for any of the purposes explained above (for example, to host our Website), or who otherwise process personal information for purposes that are described in this Privacy Policy or otherwise notified to you when we collect your personal information. Our service providers that assist with our events and promotions are all located in Europe and fall within the following categories:
  • customer support service providers;
  • event management service providers;
  • advertising partners; and
  • website hosting and maintenance service providers.
• to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, to protect, exercise or defend our rights or the rights of any third party, or otherwise to protect the vital interests of any person;
• to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy; and
• to any other person with your consent to the disclosure.

Legal basis for processing your information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only: (i) where we need the personal information to perform a contract with you (i.e. to fulfil your entry to an event that you have registered for); (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we need to process your personal information to comply with a legal requirement we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our services (including our events) and communicating with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our services, undertaking marketing and advertising, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests and if appropriate will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact” heading below.

Security

We are committed to protecting the information that we collect. We have appropriate technical and organisational measures in place to protect the information you provide to us against unauthorised or unlawful use and against accidental loss, damage or destruction.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update this Privacy Policy we will revise the “last updated” date above. We will also take appropriate measures to inform you of the updates, consistent with the significance of the changes we make.

Your Rights

You have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the "Contact” heading below.
• In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “Contact” heading below.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Contact” heading below.
• Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

International Transfers

From time to time, we, our group companies, service providers and/or third party partners may need to transfer your information internationally in connection with any purpose explained in this Privacy Policy. This may include transfers of your personal information to territories outside of the European Economic Area (or EEA). These countries may have data protection laws that are different to the laws of your country and in some cases may not be as protective.

Specifically, our servers are located in Germany, our third party service providers and partners operate Europe and our group companies operate around the world including in Asia, Australia and the United States. This means that when we collect your personal information we may process it in any of these countries.

However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy as provided for by the standard contractual clauses that have been adopted by the European Commission.

Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements and/or as necessary to defend ourselves against any claims).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Contact

If you have any questions about this Privacy Policy, about the ways in which we process your information or would like to exercise one of your rights you can contact us at:

Privacyinquiry.noe@nintendo.de

Alternatively you can contact the Data Protection Officer at:

dataprotectionofficer@nintendo.de

For the purposes of European data protection law, Nintendo of Europe SE is the data controller of your personal information.