Wii U Privacy Policy

Wii U Privacy Policy

Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany ("Nintendo", "we" or "us") respects the privacy rights of its users and recognises the importance of protecting their personal data.
This Wii U Privacy Policy (the "Privacy Policy") is designed to provide you with information relating to the collection and processing of information when using Wii U.
Nintendo shall be the controller within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “GDPR”).

1 What Information We Collect
In connection with your usage of the Wii U we may collect
- the MAC address assigned to your Wii U,
- the IP address, which is automatically assigned to your Wii U by your internet service provider when your Wii U connects to the internet,
- the serial number assigned to your Wii U,
- information about the way your Wii U and services provided via Wii U are used, such as play history, online presence information and play history data (such as software titles played, time when playing started and playing time, information on when the Wii U has been online, name and icon of favourite application, name, icon and information about application currently played, including player name, current level, current in-game location, recent logout time), purchase history, which sections of Wii U and provided services you visit, how you navigate in Wii U,
- configuration information from the Wii U and system setting information from the Wii U (including country settings, language settings, parental control settings, internet settings),
- information related to the messages sent to Friends (including friend codes, nicknames, date, number of pages and technical information regarding attachments).

2 How We Use the Information – Purposes of Processing
2.1 Providing the Service
We collect and further process the information we collect in order to:
• Set up the connection of your Wii U with the services provided via Wii U and to provide you with access to these Wii U services;
• Provide you content, products and services (including system updates and game updates and updates on technical issues) available via Wii U; and to
• Provide consumer support and repair services (including hardware and repair services for Wii U).
The legal basis for the processing referred to in this Section 2.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

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, of Wii U services 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 7 of this Privacy Policy.

2.3 Product and Service Improvement
We process information to perform analytics and statistics of the usage of the Wii U and the Wii U services in order to improve and optimise the Wii U and our products, services and our performance.
The legal basis for this processing is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimisation of the Wii U and of our services, products and performances which is to the benefit of the 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 opt out of the processing of your information for such product and service improvement purposes at any time under “Sending User Information” in the Wii U settings.

3 User Communications
When you send an email or other communication to Nintendo, we use those communications in order to process your enquiries and respond to your requests.
The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

4 Who Has Access to Information
4.1 Nintendo may share your information with other entities of the Nintendo group to be used in accordance with this Privacy Policy, in particular, with:
• Its European branches such as in Italy, Germany, Austria, Switzerland and the United Kingdom, and its European affiliates 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 provided under the Japanese and US law is lower than the level provided in the European Community. If Nintendo shares your information with Nintendo Co. Ltd. or Nintendo of America Inc. appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between Nintendo and Nintendo Co. Ltd. or Nintendo of America Inc.

The legal basis for Nintendo sharing your information with other entities of the Nintendo group is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Wii U services and to deal with any enquiries in an efficient and high-quality manner. You have the right to object, on grounds relating to your particular situation, at any time to such sharing. To exercise this right you may at any time contact us as provided in Section 7 of this Privacy Policy.

4.2 Depending on your country of residence, we may also share your information with our third party distributors that provide consumer support services in connection with Wii U for your country (including hardware and repair services for Wii U). Your information will be used in accordance with this Privacy Policy and only as far as this is necessary for performing consumer support services. A list of the third party distributors is available at support.nintendo.com. The legal basis for sharing your information with our third party distributors is the performance of the consumer support services (Art. 6 para. 1 (b) GDPR).

4.3 In compliance with applicable data protection requirements, Nintendo may also use third-party data processors and may share your formation with such third party data processors acting on Nintendo’s behalf to provide services in connection with Wii U. Where such third party processors are located outside the European Union respectively the European Economic Area, such third party processors are either located in a third country where the European Commission has decided that this country ensures an adequate level of data protection or appropriate safeguards for an adequate level of data protection are provided for by standard data protection clauses that have been adopted by the European Commission and that have been entered into between Nintendo and the third party data processor.

5 Storage Time
We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or – where the applicable law provides for longer storage and retention period – for the storage and retention period required by law. After that your personal data will be deleted.
In particular, if you exercise a right to object to the processing of your personal data, we will delete your personal data that we processed for the purpose to which you objected without undue delay, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.

6 Your Rights Under GDPR
In particular, but without limitation, you may have the following rights under applicable European data protection law:
• Right of access: You have the right to obtain confirmation from us as to whether or not we process personal data from you and you also have the right to at any time obtain access to your personal data stored by us. To exercise this right you may at any time contact us as provided in Section 7 of this Privacy Policy.
• Right to rectification of your personal data: If we process your personal data, we shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which we collected your personal data. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data. To exercise this right you may at any time contact us as provided in Section 7 of this Privacy Policy.
• Right to erasure of your personal data or right to restriction of processing: You may have the right to obtain the erasure of your personal data or the restriction of processing of your personal data. To exercise this right you may at any time contact us as provided in Section 7 of this Privacy Policy.
• Right to data portability: You may have the right to receive the personal data concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit those data to another controller. To exercise this right you may at any time contact us as provided in Section 7 of this Privacy Policy.
• Right to object: You have the right to object to the processing of your personal data as specified in this Privacy Policy.
• Right to lodge a complaint with supervisory authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. You may contact the Hesse Data Protection Supervisor.

7 Contact and Data Protection Officer
If you have any questions about this Privacy Policy and Nintendo’s data processing activities or if you want to exercise any of your rights under GDPR, please contact:
Nintendo of Europe GmbH ("Nintendo"), Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, or via email at privacyinquiry.noe@nintendo.de.
You can also contact Nintendo’s data protection officer:
Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany or via email: dataprotectionofficer@nintendo.de.