Who is your least favorite Nintendo character?

The NINTENDO NETWORK CONTRACT and the NINTENDO NETWORK PRIVACY POLICY are important legally valid documents. If you are under the age of 18, your parent or legal guardian must accept the terms and conditions.

I. Nintendo Network Agreement

Version: 05.2018 (CH)

This is a binding contract between you, a natural person, and Nintendo of Europe GmbH (Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +41 56 2031420, email address: [email protected], fax number: +49 69 667747 95412). In this contract, Nintendo of Europe GmbH is referred to as "Nintendo", "we" or "us".

The Nintendo Network Agreement (the “Agreement”) governs your use of the Nintendo Network.

1 General provisions

1.1 Definitions

In this contract, the following terms have the following meanings:

“Digital Products” means all games, applications, software, additional content for games, applications and software, digital service vouchers and other digital content that are either free or available for use on a Nintendo Device and / or via the Nintendo Network are available for a fee in the Nintendo Shop Services.

"Nintendo Intellectual Property" refers to all intellectual property, in particular to registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade and trade secrets, know-how, mii- Characters and other confidential and proprietary information that Nintendo has developed, owns or uses under license.

“Third Party Content” refers to games, applications, software, additional content, services, websites, portals, data and other digital content made available by third parties.

“Mii Character” means a customizable electronic avatar that you can create in a Mii character creation application and that can be used in games and other applications on the Nintendo Network, including to share your Nintendo Network ID with other users to represent.

“Nintendo Device” means an electronic device that is manufactured and sold by Nintendo under the trademark “Nintendo®” and that can be linked to a Nintendo Network ID.

"Nintendo Network" refers to all games, applications, software, services, portals, data and other content, whether commercial or non-commercial, from Nintendo or third party Nintendo affiliates that are available to users with a registered Nintendo Network ID. when you connect to the Internet on your Linked Nintendo Device or when you access games, applications, software, portals, news, information, data and other content identified on another Internet-connected device as Nintendo Network content were.

“Nintendo Shop Services” refers to all applications, software and services available on the Nintendo Network that allow users (i) licenses for games, applications, software, additional content for games, applications and software, vouchers for register digital services and other digital content for free or for a fee under their Nintendo Network ID and / or (ii) purchase physical products from Nintendo using their Nintendo Network ID.

“User Generated Content” means any type of communication, news, text, images, drawings, photos, sound, voice and audio recordings, music, films, information, data and all other materials and content (including usernames, nicknames, customized mii- Characters, Mii nicknames, custom levels, maps, scenarios, etc.) created or licensed to Nintendo Network users and posted by a Nintendo Network user on a Nintendo device and / or via the Nintendo Network , broadcast or otherwise made available.

“Physical products” refers to tangible and physical objects.

“Third Party Shop Services” means all applications, software and services offered by third parties that may be accessible via the Nintendo Network, but which are not registered under the Nintendo Network ID and allow users to obtain licenses for Receive games, applications, software and other digital content from third parties in accordance with terms set by the third party.

“Linked Nintendo Device” means a Nintendo Device that has been linked to a Nintendo Network ID.

1.2 Nintendo Network ID

To use the Nintendo Network, you need to register a Nintendo Network ID. You must provide correct and complete information when registering and update your registration information if it changes.

During the registration you have to indicate the country in which you are resident. The Nintendo Network ID is linked to this country. If you move to another country, you may no longer be able to use your Nintendo Network ID (including digital products) and you may need to create a different Nintendo Network ID if you want to use the Nintendo Network in that new country. If you move back to the country in which your Nintendo Network ID was registered, you can use your original Nintendo Network ID again.

The Nintendo Network ID is personal to you and you may not sell, trade, assign, or otherwise transfer your Nintendo Network ID to any other person or organization.

You are responsible for all transactions made using your Nintendo Network ID. You must always keep your login data safe. If you become aware of a security breach, such as If, for example, you have unauthorized access to your Nintendo Network ID by third parties, if it is lost, stolen, or if your login details have been disclosed, or if you have reasonable grounds to suspect that such a security breach has occurred, you must inform Nintendo immediately.

Nintendo may, at its own discretion, allow you to link your Nintendo Network ID to one or more Nintendo devices. If your Nintendo Network ID is linked to a Nintendo Device, you must delete your Nintendo Network ID and all other personal content on the Linked Nintendo Device before you sell or otherwise transfer your Linked Nintendo Device to someone else.

Children can use a Nintendo Network ID that has been set up for them by a parent or legal guardian. Parents or legal guardians must supervise their child's use of the Nintendo Network at all times. Parents or legal representatives are responsible for using the age restriction features offered by Nintendo if they wish to restrict their child's use of the Nintendo Network.

1.3 Use of the Nintendo Network

The Nintendo Network is intended solely for your personal, non-commercial use in your leisure time. The Nintendo Network may not be used for any other purpose.

You are responsible for all costs incurred in connection with the use of the Nintendo Network via your Nintendo Network ID, regardless of whether these are caused by yourself or your friends, family or other third parties (including costs for the Internet connection, costs for equipment required and any other relevant costs and fees). The exact amount of the costs depends, among other things, on the device you use to access the Nintendo Network, your activities on the Nintendo Network and the conditions of your Internet access provider.

The Nintendo Network is not available in all countries. Games, applications, software, services, portals, data and other content offered on the Nintendo Network may vary from country to country. Nintendo may from time to time modify the Nintendo Network in whole or in part for the benefit of Nintendo Network users.

1.4 User Generated Content

Nintendo is not responsible for User Generated Content. User Generated Content is the sole responsibility of the Nintendo Network User who posted, sent or otherwise made such User Generated Content available on the Nintendo Network. Nintendo is not obliged to monitor user-generated content. However, if Nintendo becomes aware of potentially illegal or inappropriate User-Generated Content, Nintendo reserves the right, at its own discretion, to delete such User-Generated Content or to block access to it.

When you post, broadcast, or otherwise make User Generated Content available on the Nintendo Network, you are granting Nintendo the nonexclusive, worldwide, royalty-free, perpetual, and fully transferable right to use User Generated Content on the Nintendo Network, such as from the application you are using to post, send or otherwise make available such user-generated content, intended to reproduce, publish and make available. This does not apply to user-generated content that is contained in private messages or in any other form of private communication.

You acknowledge that, depending on the application you use within the Nintendo Network, your User Generated Content may be viewed, copied, published and / or modified by third parties. You should therefore provide personal information such as B. Do not insert your name, your e-mail address, your address or telephone number or other sensitive data into user-generated content.

You acknowledge that the Nintendo Network can be changed in whole or in part at any time and that User Generated Content can be deleted from the Nintendo Network at any time. Nintendo is not obliged to save user-generated content.

User Generated Content that you post, send or otherwise make available on the Nintendo Network must comply with the Nintendo Network Code of Conduct.

1.5 Nintendo Network Code of Conduct

When using the Nintendo Network, you must comply with the Nintendo Network Code of Conduct, which contains rules designed to make the Nintendo Network a pleasant and safe environment.

The Nintendo Network Code of Conduct prohibits unlawful, harmful or otherwise inappropriate behavior, in particular:

  • Unlawful, harassing, hateful, abusive, embarrassing, indecent, obscene, sexually permissive, or otherwise objectionable in connection with the Nintendo Network.
  • Providing incorrect data when registering the Nintendo Network ID or when using the Nintendo Network; fraudulent activities on the Nintendo Network (especially in connection with transactions within the Nintendo Shop Services).
  • Create, transfer or play unauthorized reproductions of games, applications, software, additional content, music, pictures, videos and other content available on the Nintendo Network.
  • Creation of new versions of existing digital products (“derivatives”).
  • Use of cheats, automation software (bots), hacks, mods or other prohibited software designed to change part or all of the Nintendo Network.
  • Gaining unauthorized access to any of Nintendo's computers, hardware, equipment, servers, or any network used to support the Nintendo Network; hosting, intercepting, emulating, or “reverse engineering” any part of a Linked Nintendo Device or the Nintendo Network, or redirecting any communication protocols used by Nintendo as part of the Nintendo Network, regardless of the method used.
  • Participate in commercial or promotional activities, or organize meetings through the Nintendo Network.
  • Using someone else's Nintendo Network ID without permission.
  • Selling, exchanging, assigning, or otherwise transferring a Nintendo Network ID to or with another person or organization.
  • Posting, broadcasting, or otherwise making available content on the Nintendo Network that infringes the rights of others, including patent rights, trademark rights, trade and trade secrets, copyrights, personal rights, image rights, or other intellectual property or proprietary rights.
  • Posting, sending or otherwise making available content on the Nintendo Network that contains personal information (including photos, images and videos) belonging to third parties without their permission.
  • Selling, trading, assigning, licensing, or otherwise transferring virtual property for real money or credit placed on a Nintendo Network ID, where “virtual property” refers to features of games or other content shared with other Nintendo Network users can be exchanged for free or for an in-game virtual currency.

1.6 Background Communication Features

If your Nintendo Network ID is linked to a Nintendo Device and your Linked Nintendo Device is connected to the Internet, your Linked Nintendo Device can perform automatic background communication with Nintendo Servers and other Linked Nintendo Devices.

Background communication with Nintendo Servers enables your Linked Nintendo Device to receive system updates, updates to software and applications installed on your Linked Nintendo Device, updates to Nintendo Network content, new applications and important service announcements from Nintendo . A system update of your Linked Nintendo Device may be required in order to take advantage of all the features of the Nintendo Network.

Background communication with other Linked Nintendo Devices will take place depending on the application you are using. You will be informed about the features for background communication in the respective application.

You can disable the background communication features in the settings of your Linked Nintendo device or in the settings of the respective application. You can also turn off the background communication features entirely by disconnecting your Linked Nintendo Device from the Internet.

1.7 Third party content

The Nintendo Network can offer access to third party content. Third party content is offered and distributed solely on the responsibility of these third parties. Nintendo assumes no liability in this regard. Third party content may be subject to the terms and conditions made available by the respective third party.

The age restriction features offered by Nintendo may not work with third party content. In this case, you may be notified in advance and given an opportunity to block your child's access to such third-party content.

1.8 Nintendo Intellectual Property

Nintendo owns or has all rights, rights of ownership and interest (including all intellectual property rights) in the intellectual property of Nintendo necessary to operate the Nintendo Network, or has the right to use and sublicense it. Nintendo grants you a personal license to use Nintendo's intellectual property to the extent necessary to use the Nintendo Network in accordance with this Agreement. You may not transfer, assign, sublicense or otherwise dispose of this license to any other person or entity; furthermore, you are not authorized to use Nintendo's intellectual property for commercial purposes. Other than the license granted under this Agreement, Nintendo grants you no right, title, or interest in any of Nintendo's intellectual property. Nintendo reserves all rights to Nintendo's intellectual property.

1.9 Nintendo's Liability to You

Nintendo is liable in accordance with the statutory provisions (a) for damage resulting from injury to life, limb and / or health, (b) in the case of willful intent, (c) in the case of gross negligence and / or (d) if Nintendo acts against violates the provisions of the German Product Liability Act. Without restricting the above regulation, Nintendo is only liable for slight negligence in the event of a breach of a "material" contractual obligation. "Essential" contractual obligations in this sense are obligations that are necessary for the performance of this contract, the breach of which jeopardizes the achievement of the purpose of the contract and on which you can regularly rely. In such cases, liability is limited to typical and foreseeable damage; in other cases Nintendo is not liable for slight negligence.

1.10 Release from Liability

You acknowledge and agree that Nintendo, its affiliates and subsidiaries of any loss, liability or claim (including reasonable attorney's fees) arising out of or in connection with your use of the Nintendo Network in an unlawful manner or otherwise in violation of the terms of this Agreement (including and excluding Restriction of the Nintendo Network Code of Conduct). This exemption from liability includes in particular all types of losses, liability and claims that arise from or in connection with user-generated content, including photos, videos or other materials that you upload.

1.11 Changes to this Agreement

A current version of this contract is always available on the Nintendo website. Nintendo is entitled to change the conditions of this contract at any time, insofar as this is necessary or helpful to improve the service or to adapt the conditions to changed technical or legal requirements. When we make changes, we will notify you through your Linked Nintendo Device (provided that your Nintendo Network ID is linked to a Nintendo Device and your Linked Nintendo Device is connected to the Internet) and also by email. If you do not object to these changes within four weeks of being notified of them, the changes will be deemed to have been accepted (you will be notified accordingly). Should you object to the changes, Nintendo reserves the right to terminate this contract or part of this contract within a reasonable period of time and you will have to register again if you want to continue using the Nintendo Network under the new terms.

1.12 Termination and Transfer of Contract

You can terminate this contract at any time by deleting your Nintendo Network ID.

Nintendo is entitled to terminate this contract or part of this contract at any time without notice if you violate the terms of this contract. In the case of minor violations, Nintendo will first give you a warning about the non-compliance and give you the opportunity to remedy this non-compliance. However, if your behavior is completely unacceptable, Nintendo is not obliged to give you a warning beforehand. Conduct is considered totally unacceptable if it results in a serious breach of the Nintendo Network Code of Conduct or other important provisions of this Agreement.

Nintendo is also entitled to terminate this contract or part of this contract at any time if there are legal, technical or economic reasons to do so. In this case, we will inform you in advance with a reasonable period of time.

Termination of this Agreement, for whatever reason, will result in the termination of all licenses granted under the Agreement and prevent your use of the Nintendo Network, including the Nintendo Shop Services. Termination of any part of this contract may restrict your use of selected applications and functions on the Nintendo Network.

If this contract is terminated for whatever reason, then contract numbers 1.8, 1.9, 1.10, 1.13 and 1.14 remain in force.

Nintendo is entitled, at its sole discretion, to transfer the entire contractual relationship that exists with you under this agreement to its affiliate Nintendo Co. Ltd., at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, Japan . Nintendo will notify you of such a transfer at least one month in advance.

1.13 Interpretation of the contract

If any part of this agreement is found to be invalid or unenforceable, that part of the agreement will no longer apply. You agree that the invalid part will be deemed deleted from this contract, but that all other parts of the contract will remain in effect. You further agree that we may replace the invalid portion with a term that reflects or comes closest to the original intent.

1.14 Governing Law

This contract and any claims in connection with this contract are subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and regardless of any existing conflict of laws rules of international private law.

1.15 Customer Service

If you have any questions about this contract, please contact us by email. You can find the contact details for your Nintendo Customer Service at http://contact.nintendo.eu.

2 shop services

2.1 Nintendo Shop Services

The Nintendo Network can provide access to the Nintendo Shop Services. You can use the Nintendo Shop Services to purchase Digital Products from Nintendo or third parties, to purchase Physical Products from Nintendo, and to download and use Digital Products on your Linked Nintendo Device and / or via the Nintendo Network.

2.1.1 Digital products

2.1.1.1 Registration of Digital Products

In order to download and use digital products, it is necessary that a license for the respective digital product is registered under your Nintendo Network ID.

The license for digital products can be acquired in different ways. This depends on the availability in your country.

If the license for a digital product is offered free of charge in the Nintendo Shop Services, the license will be registered under your Nintendo Network ID after you have placed the respective order in the Nintendo Shop Services.

If the license for a digital product is offered for purchase in the Nintendo Shop Services by Nintendo or third parties, the license will be registered under your Nintendo Network ID after you have placed the respective order in the Nintendo Shop Services and payment, as applicable , to Nintendo or to third parties.

The license for a digital product can also be purchased or acquired outside of the Nintendo Shop Services. In this case, you will be informed about the corresponding procedure for registering the license for a digital product under your Nintendo Network ID.

Unless otherwise stated, the license for a Digital Product is linked to your Nintendo Network ID and allows you to use the Digital Product only on the Linked Nintendo Device on which the Digital Product was originally downloaded. Unless otherwise stated, all users whose Nintendo Network ID has been registered on this Linked Nintendo Device may use the respective Digital Product.

IMPORTANT: If you acquire a license for a digital product from a third party, Nintendo will only provide the technical infrastructure to enable you to register the license under your Nintendo Network ID. However, Nintendo is not a seller or party to any contract you may enter into with such third parties and Nintendo will not be liable in any way.

2.1.1.2 Licenses for digital products

All Digital Products registered under your Nintendo Network ID and all updates to such Digital Products are licensed for personal and non-commercial use only on a Linked Nintendo Device and / or via the Nintendo Network. Digital products may not be used for any other purpose. In particular, you may not lease, rent or sublicense, publish, copy, modify, adapt, translate, reverse engineer (“reverse engineering”), decompile or disassemble any part of Digital Products without the written consent of Nintendo Digital Products Right is expressly allowed.

2.1.2 Physical products

2.1.2.1 Order process

If you select a physical product from Nintendo for purchase in the Nintendo Shop Services, you will receive an overview of your order and you will be given the opportunity to change it before you conclude a binding purchase agreement with Nintendo.

2.1.2.2 Delivery and customs

During the purchase process you will be given the option to enter the delivery address for your order. Before you buy, you will be informed about the countries to which physical products can be delivered. You are responsible for any customs duties or taxes in the country you wish to ship to.

2.1.2.3 Retention of title

All Physical Products that are delivered to you will remain the property of Nintendo until they have been paid for in full.

2.1.3 Defects

In the event of a defect, the statutory provisions apply. If there is an additional manufacturer's warranty, all claims based on a manufacturer's warranty exist, regardless of any possible statutory claims to which you may be entitled, and do not affect them.

2.1.4 Payment Methods

When you license a Digital Product from Nintendo or purchase a Physical Product from Nintendo, Nintendo may offer different payment methods, subject to availability in your country.

Nintendo may allow you to use an existing balance to pay for digital and physical products that you have purchased from Nintendo in the Nintendo Shop Services. Funds can be added to your Nintendo Network ID using a credit card, by entering a digital code printed on a retail Nintendo eShop Card or otherwise provided to you by Nintendo.

The funds are tied to your Nintendo Network ID and cannot be transferred to another person or organization. The credits are non-refundable and cannot be exchanged for cash or credits. Credit can only be used to purchase digital and / or physical products from Nintendo in the Nintendo Shop Services.

Nintendo is entitled, at its sole discretion, to limit the maximum amount of credit that can be added to your Nintendo Network ID.

You are responsible for the use of funds on your Nintendo Network ID.

If you acquire the license for a digital product from third parties, you will be informed by these third parties about the applicable payment methods.

2.1.5 Purchase History

For all transactions within the Nintendo Shop Services (registration of a license for digital products, payment for digital products, purchase of physical products, top-up of credit, etc.) you will receive an electronic receipt confirming the transaction. This receipt will be emailed to you or displayed in your purchase history, which you can access at any time using your Nintendo Network ID.

2.2 Third Party Shop Services

The Nintendo Network may offer you access to third party shop services. Third party shop services are offered by third parties under the sole responsibility of third parties. Nintendo does not become a contracting party, nor is Nintendo in any other way involved in a contract that you can conclude with third parties via third-party shop services. Products that you can purchase through third-party shop services are not registered under your Nintendo Network ID. Nintendo assumes no liability for third-party shop services. Third party shop services are subject to the terms and conditions made available by the respective third party.

END OF THE NINTENDO NETWORK CONTRACT

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Cancellation policy for physical products

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must contact us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +41 56 2031420, fax number: +49 69 667747 95412, email address: [email protected] ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of return costs and the additional costs that result from the fact that you use a different type of delivery than the one we offer, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent us the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

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Cancellation policy for digital content

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, telephone number: +49 69 66105 900, fax number: +49 69 667747 95412, email address: [email protected]) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery we offer have), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

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The right of withdrawal expires prematurely in the case of contracts

  • for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
  • for the delivery of audio or video recordings or software (such as PC and video games) in a sealed package, if the seal has been removed after delivery;
  • for the delivery of digital content that is not on a physical data carrier, if we have started executing the contract after you have expressly agreed that we will start executing the contract before the cancellation period has expired and have confirmed that you are aware that you are through Your consent will lose your right of withdrawal at the beginning of the execution of the contract;
  • on the provision of services, if we have provided the service in full and have only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal if we have fully fulfilled the contract.

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Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

- To Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, fax number: +49 69 667747 95412, email address: [email protected]

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*):

- Ordered on (*) / received on (*):

- Name of the consumer (s):

- Address of the consumer (s):

- Signature of the consumer (s) (only if this is communicated on paper):

- Date:

(*) Delete where inapplicable.

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II. Nintendo Network Privacy Policy

By ticking the “I accept” option when registering a Nintendo Network ID, you are also accepting the Nintendo Network privacy policy.

Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main (“Nintendo”, “we” or “us”) respects the data protection rights of its customers and knows how important it is to protect their personal data. This Nintendo Network Privacy Policy (the “Privacy Policy”) provides you with information regarding the collection, processing, use and confidentiality of information that you submit over the Nintendo Network. Nintendo is responsible within the meaning of the EU General Data Protection Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 - "GDPR").

Words and expressions in this Privacy Policy are the same as in the Nintendo Network Agreement.

1 Children's Personal Information

If you, as the holder of parental responsibility, set up a Nintendo Network ID on your child's behalf, your child's personal data will be collected, processed and used in accordance with this Privacy Policy. If your child is under 16 years of age and if the legal basis for the processing of data is consent in accordance with Art. 6 Para. 1 (a) GDPR, you as the bearer of parental responsibility must give your consent by means of a parental consent, as provided by Nintendo is intended to be given.

2 Information We Collect

2.1 Information about you

To register your Nintendo Network ID, you will need to provide your email address, country of residence, date of birth and gender. You also need to set up a username. This information is required to register a Nintendo Network ID and use the Nintendo Network. You can decide whether you want to specify your region of residence.

2.2 Information about the device you are using

We may collect and process technical information about the linked Nintendo device such as MAC address, IP address, serial number or other alphanumeric codes assigned to the linked Nintendo device or the application you are using in order to connect a Nintendo device to your Nintendo Network ID and activate the connection of the linked Nintendo device to the Nintendo Network. If you access the Nintendo Network from another electronic device such as a PC, we may collect the technical information (such as the MAC and IP address) of that device.

We may also collect and process information about the settings of the device with which you access the Nintendo Network in order to optimize your Nintendo Network experience.This relates to country settings, language settings, parental controls and wireless access point information of the linked Nintendo device. We are also allowed to record the screen resolution and other display preferences of all other electronic devices you use.

2.3 Information about your use of Nintendo Shop Services

You may need to provide credit card information (credit card number, expiration date, and card verification number) in order to purchase Nintendo digital products or to deposit funds for your Nintendo Network ID through Nintendo Shop Services.

If you use Nintendo Shop Services, we collect and process information relating to the registration of licenses for digital products, depositing money and other transactions in Nintendo Shop Services.

We can also collect and process information about your use of the Nintendo Shop Service. This also includes the digital products that you are viewing or have added to your wish-list, which areas of Nintendo Shop Services you visit, how you navigate through Nintendo Shop Services, as well as recommendations and game reviews you have given.

2.4 Information about your use of the Nintendo Network

We process data related to your activities such as username and alphanumeric codes of your Nintendo Network ID, the name, appearance and profile of the virtual Mii character that represents you on the Nintendo Network, nicknames and IDs that you use for various applications, friends and favorites that you have registered, Nintendo Network users with whom you have played, user-generated content that you have uploaded, posted or otherwise made available on the Nintendo Network, information about your online presence and other data about games and applications that you use to ensure that you enjoy the content, products, and services on the Nintendo Network.

We can also record your activity history, such as the games you played on your linked Nintendo device and the applications you used, the times you played games or used applications, your current level of play, your score and the point in the game where you were are currently located, as well as information that you have submitted as part of surveys.

2.5 Linking your Nintendo Network ID to other networks

Nintendo Network may allow you to link your Nintendo Network ID to a network account offered by a third party. If you consent to the linking of the accounts, Nintendo may collect information that Nintendo has given your consent to obtain from a third party and combine that information with your Nintendo Network ID information.

If the linking of the accounts requires Nintendo to transfer information about you to a third party, you will be informed of this before the linking takes place. You will be given the opportunity to consent to the linking and transfer of your information. The third party will treat your information in accordance with that third party's privacy policy.

Nintendo is not responsible for the use made of your information transferred by a third party with your consent.

The Nintendo Network can also allow you to link your Nintendo Network ID to another account offered by Nintendo or a Nintendo Group company. This applies, for example, to a Nintendo Account operated by Nintendo Co. Ltd. is offered. If you consent to the linking of the accounts, your data will be treated in accordance with the privacy policy applicable to that other account that you have accepted. So if you link your Nintendo Network ID to your Nintendo Account, your data will be treated in accordance with the Nintendo Account Privacy Policy and the settings you have made for your Nintendo Account.

2.6 Cookies

Web-based parts of the Nintendo Network can use cookies and similar technologies. Cookies are small files that are downloaded to your device. With the help of cookies, we can guarantee the security and functionality of our services (security and session cookies) and collect information about user preferences in order to make our online offers more attractive for users (tracking cookies).

The security and session cookies stored by us ensure that you can enjoy the services that you have requested on the Nintendo Network. For example, we set cookies that enable us to authenticate you personally when you use the Nintendo Network and to maintain your online session. We also store cookies with which we can remember the language preference you have selected so that we can present the Nintendo Network in the language you prefer. Nintendo also sets cookies in order to be able to provide you with the shopping cart function in Nintendo Shop Services.

Most browsers are set so that they automatically accept cookies. You can often set your browser to notify you when a cookie is sent to you. You can possibly refuse cookies. To do this, you must change the settings provided on the device with which you access the Nintendo Network accordingly. However, it is possible that without cookies you will not be able to access certain functions of the Nintendo Network. In addition to cookies, which are necessary for the provision of our services, the web-based parts of the Nintendo Networks can also use tracking cookies. If we use tracking cookies, we will inform you about the use of these tracking cookies and the details of these cookies and describe the options available to activate or deactivate these tracking cookies in the corresponding data protection guidelines.

3 How information is used - purposes of processing

3.1 Provision of the services

We collect and process the information we collect for the following purposes:

  • Registering your Nintendo Network ID and granting you access to the Nintendo Network,
  • Setting up the connection of your device to the Nintendo Network,
  • Providing content, products and services on the Nintendo Network and enabling you to participate in activities supported by the Nintendo Network
  • Processing of your orders and inquiries on the Nintendo Network and
  • Providing customer service and repair services (including hardware and repair services for Linked Nintendo devices).

When you use Nintendo Shop Services, we process the information about your transactions and the registration of licenses in order to process your order, register your license, provide you with the transaction history and receipts and to meet our financial and legal obligations. When you use a credit card for Nintendo Shop Services, Nintendo processes your credit card information to process the payment. As an additional service, Nintendo offers you the option of saving your credit card details so that you do not have to enter these details for your next transaction. Nintendo stores your credit card number separately in accordance with the guidelines of the credit card provider.

The legal basis for the processing on which this section 3.1. is the provision of the service you have requested (Art. 6 Para. 1 (b) GDPR).

3.2 Preventing Fraud and Other Illegal Activities

We may process the information we collect to prevent fraud and potential illegal or offensive activity or to enforce our rights or the rights of our users. The legal basis for this processing is Article 6 Paragraph 1 (f) GDPR. We have a legitimate interest in preventing fraudulent and illegal activities, protecting our systems and networks, the Nintendo Network and our users, and enforcing our legitimate rights and the legitimate rights of our users.

You have the right to object to such processing at any time for reasons that relate to your particular situation. You can contact us at any time in accordance with Section 9 of this Privacy Policy to exercise this right.

3.3 Communication and interaction on the Nintendo Network

Online features of games or other applications that allow you to play online with other users or participate in online rankings are part of the Nintendo Network. If you choose to use such features, your username, game status and other game and game ranking data, the name and appearance of a Mii character representing you on Nintendo Network, your country and / or a game Avatar shared with other users to allow you to play with others online and participate in online rankings. The legal basis for this processing is the provision of the service you have requested (Art. 6 Paragraph 1 (b) GDPR).

Apart from the aforementioned online features, parts of the Nintendo Network can also support other communications between users and the exchange of user-generated content. If you choose to use such parts of the Nintendo Network, other users may be able to see some information about you, such as your Nintendo Networks ID, your name, and the appearance of any Mii character you see on the Nintendo Network represents Mii profile information, your country and user-generated content entered by you. Depending on the application you have chosen to use on Nintendo Network, your gaming history, ranking and status, the name of your favorite application or the most recent application you are using, your age or online status may be shared between users or published online to enable the requested interaction. The legal basis for this processing is the provision of the service you have requested (Art. 6 Paragraph 1 (b) GDPR). If you have a friends list or blacklist set up for Nintendo Network users, this information can be edited by a game or applications you play to ensure your choices are respected. The legal basis for this processing is the provision of the service you have requested (Art. 6 Paragraph 1 (b) GDPR).

If you have given your consent to link your Nintendo Network ID to a network account offered by Nintendo or to a third party (see section 2.5 above), you will be proposed to other users on the Nintendo Network who are your friends in the linked network account and have also agreed to link their Nintendo Network ID to the other network account. If you have agreed to link your Nintendo Network ID to another network account offered by Nintendo or another Nintendo Group company (see section 2.5 above), the list of friends registered with your Nintendo Network ID (with your friends' nicknames) will be synchronized with any friends list registered with the other network account offered by Nintendo or Nintendo affiliates. The same applies if you are on the friends list or the blacklist of other Nintendo Network ID users. The legal basis for this processing is the provision of the service you have requested (Art. 6 Para. 1 (b) GDPR).

3.4 Linking your Nintendo Network ID to other networks

The legal basis for processing in the cases explained in section 2.5 above is Art. 6 Paragraph 1 (a) GDPR.

3.5 cookies

The legal basis for the use of security and session cookies, as described in section 2.6. explained above is the provision of the service you have requested (Art. 6 Para. 1 (b) GDPR).

If you access our websites which - while you are logged into your Nintendo Network ID - use tracking cookies (see section 2.6. Above) and have not objected to the use of these tracking cookies, information about such Tracking cookies are collected, combined with your other information received through the Nintendo Network and used for the purposes described in Section 3.4 above.

4 Customized Email Offers

Subject to separate consent from you, Nintendo may send you marketing and promotional messages relating to Nintendo or third party products and services to your email address. You can withdraw your consent to receive marketing and promotional messages at any time as described above in your Nintendo Network ID email preferences.

If you give your consent to receive such e-mail offers, we can also process the information entered by the Nintendo Network, as well as all information that is collected and processed when using the Nintendo Network (in this Section 4 as "Usage Information" in order to customize the recommendations and offers shown in such emails. We can also collect information about whether you have opened these emails and which links in their text you followed.

The legal basis for the use of your usage information to customize the e-mail offers and to process information about whether you have opened such e-mails and which links in their text you are following is Art. 6 Para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your usage information to customize email offers, as this will prevent you from receiving email offers that are not relevant to you. Collecting information about whether you have opened such e-mail offers and which links you followed helps us to understand which e-mail offers and links are increasingly relevant to you and future e-mail offers for your benefit to optimize.

You have the right to object at any time to the processing of your information for such purposes. To exercise this right, you can withdraw your consent to receive customized email offers at any time in your Nintendo Network ID settings.

If you - as the bearer of parental responsibility - have registered a Nintendo Network ID in the name of your child who is not yet 16 years old, your child will not receive any email offers and the information about your child will be saved regardless of the in Selections made in the Nintendo Network ID settings are not collected and processed for the purpose of customer-specific offers.

5 user communications

When you send e-mail or other communications to Nintendo, we use those communications 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).

6 Who has access to this information

6.1 Nintendo may share your information with other Nintendo Group companies in order to use it in accordance with this Privacy Policy; including the following:

  • its European branches, such as in Italy, Germany, Austria, Switzerland and the United Kingdom, as well as the European companies affiliated with Nintendo, such as Nintendo France SARL, Nintendo Ibérica, S.A.U. and Nintendo Benelux B.V .;
  • Nintendo Co. Ltd., located in Japan; and Nintendo of America Inc., located in the United States. The level of data protection offered under Japanese and US law is lower than the level offered in the European Community. When Nintendo shares your information with Nintendo Co. Ltd. or Nintendo of America Inc. shares the standard data protection clauses adopted by the European Commission and between Nintendo and Nintendo Co. Ltd. and Nintendo of America Inc. have agreed to take appropriate security measures for an adequate level of data protection

The legal basis for Nintendos to share your information with other companies in the Nintendo Group is Article 6 Paragraph 1 (f) GDPR. We have a legitimate interest in sharing your information for internal administrative purposes, in particular with regard to what the Nintendo Network offers and the handling of inquiries in an efficient and first-class manner. You have the right to object to this sharing at any time for reasons relating to your particular situation. To exercise this right, you can contact us at any time as stated in Section 9 of this Privacy Policy.

6.2 Depending on your country of residence, we may also share your information with our third party service providers who, in connection with the Nintendo Network, provide consumer support services for your country (including hardware and repair services for linked Nintendo devices). Your information will be used in accordance with this privacy policy and only to the extent necessary to provide consumer support services. A list of third-party providers is available at support.nintendo.com. The legal basis for sharing your information with our third-party providers is the provision of support services for consumers (Art. 6 Paragraph 1 (b) GDPR).

6.3 We may continue to share your information (including your IP address) with our third party network providers who offer content and provide network services for the delivery of content in connection with the Nintendo Network. Our content delivery network providers enable faster video streaming and support delivery of content that you have requested, e.g. when using Nintendo Shop Services, which uses a system of distributed servers to deliver the content to you on the Based on your geographic location. A list of third party network providers who offer content is available at support.nintendo.com. The legal basis for sharing your information with our third party network providers who offer content is Art. 6 Paragraph 1 (f) GDPR. We have a legitimate interest in passing on your information in order to enable faster delivery and to optimize the transport of the content you have requested; in particular, to provide the requested content in high quality for the benefit of our users. You have the right to object to such disclosure at any time for reasons that relate to your particular situation. To exercise this right, you can contact us at any time as provided in Section 9 of this Privacy Policy.

6.4 In accordance with the applicable data protection regulations, Nintendo can also use contract processors and pass on your information to these contract processors who provide services on behalf of Nintendo in connection with the Nintendo Network. If these processors are located outside the European Union or the European Economic Area, they are either located in a third country that the European Commission is of the opinion that this country offers an adequate level of data protection or the standard data protection clauses adopted by the European Commission and have been agreed between Nintendo and the third-party processor, provide for suitable security measures for an adequate level of data protection.

7 retention periods

We only store your information for as long as is necessary for the purposes for which the information is collected and processed, or - if the applicable law provides for a longer storage and retention period - during such a legally prescribed storage and retention period. Your personal data will then be deleted.

This applies in particular:

  • If you terminate your Nintendo Network ID by deleting it in your account settings or by contacting us as provided in Section 9 of this Privacy Policy, your personal data will be deleted. Please note that Nintendo is required to store certain Nintendo Shop Services transaction data that you use for a period of up to ten (10) years in accordance with commercial and tax law.
  • If you revoke your consent on which the processing of your personal data or the personal data of your child who is younger than 16 years is based, we will delete your personal data or that of your child immediately to the extent that the collection and processing of the personal data Data were based on the revoked consent.
  • We will immediately delete your personal data that we have processed for the purpose to which you have objected, provided there is no other legal basis for the processing and storage of this data or we are obliged to store the data due to the applicable law.

8 your rights under the GDPR

In particular, you may have the following rights under the relevant European data protection law:

  • Right to information: You have the right to request confirmation from us as to whether we are processing your personal data, and you also have the right to have access to your personal data stored by us at any time. In order to exercise this right, you can contact us at any time, as provided in Section 9 of this data protection declaration. You can access the information you have provided in the settings of your Nintendo Network ID.
  • Right to rectification of your personal data: When we process your personal data, we endeavor to use appropriate measures to ensure that your personal data is factually correct and up-to-date for the purposes for which we collected your personal data . If your personal data is factually incorrect, you have the right to have this data corrected. To exercise this right, you can contact us at any time, as provided in Section 9 of this Privacy Policy. You can also change the information you have provided in the settings of your Nintendo Network ID.
  • Right to erasure of your personal data or right to restriction of processing: You may have the right to erase your personal data or to restrict the processing of your personal data. In order to exercise this right, you can contact us at any time, as provided in Section 9 of this data protection declaration. You can also change your information at any time by changing your Nintendo Network ID in your account settings. The deletion of the Nintendo Network ID leads to the termination of the contract with the Nintendo Network; in addition, you will no longer be able to use the Nintendo Network.
  • Right to withdraw consent: If you have given your consent to the processing of your personal data or that of your child who is younger than 16 years, you have the right to withdraw your consent at any time, whereby the legality of the based on the consent up to Revocation of processing carried out is not affected. To exercise this right, you can contact us at any time, as provided for in section 9 of the data protection declaration, or you can use the revocation mechanism that is available in the respective Nintendo Network service.
  • Right to data portability: You may have the right to receive the personal data relating to you that you have provided to us in a structured, common and machine-readable format or to have this data transmitted to another person responsible. To exercise this right, you can contact us at any time, as provided in Section 9 of this Privacy Policy.
  • Right to object: You have the right to object to the processing of your personal data in accordance with this data protection declaration.
  • Right to object to the competent supervisory authority. You have the right to lodge an objection with a data protection supervisory authority in the European Union. You can contact the Hessian data protection officer.

9 Contact and data protection officer

If you have any questions about this privacy policy or data processing by Nintendo, or if you would like to exercise your rights under the GDPR, please contact:

Nintendo of Europe GmbH ("Nintendo"), e.g. Hd .: Legal Department, Herriotstraße 4, 60528 Frankfurt am Main, Germany, or by email to: [email protected]

You can also contact Nintendo's data protection officer:

Nintendo of Europe GmbH, e.g. Hd .: Legal Department, Herriotstraße 4, 60528 Frankfurt am Main, Germany, or by email to: [email protected]