Digital Product Privacy Policy

Version 04.2018 (EN-EU)

Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku Kyoto, 601-8501, Japan, fire-emblem-heroes-support@nintendo.co.jp ("Nintendo") respects the privacy rights of its users and recognises the importance of protecting their personal data. This Digital Product Privacy Policy (the "Privacy Policy") provides information relating to the collection, processing, use and privacy of information you submit through the Digital Product.

Nintendo is 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").

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

1 What Information We Collect and Process

1.1 Information about Your Person

In order to use the Digital Product you may need to provide the country you wish your user experience to be set to. The provision of this information is necessary to provide you with the country-specific content of the Digital Product.

1.2 Information about the Device You Use

To enable the connection of the device on which you use your Digital Product to Nintendo servers, we may collect and process technical information related to your device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to your device.

We may also collect and process information about the settings of the device you use to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the device; we may also collect screen resolution and other display preferences of the device that you use.

1.3 Information Related to Your Transactions

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

1.4 Information Related to Your Use of the Digital Product

To enable you to enjoy all features of your Digital Product, we process the data related to your activities, such as the nickname, appearance and profile of the character representing you in the Digital Product, alphanumeric codes assigned to your Digital Product, friends and favourites that you registered, other users you played with, User-Generated Content that you uploaded, posted or otherwise made available via the Digital Product, your online presence information, and other data specific to the features of the Digital Product that you use.

We may also collect your activity history data such as which features of the Digital Product you used, at what times you played, your level, score and in-game location, as well as crash reports.

1.5 Linking to Other Networks

Nintendo may allow you to link your Digital Product to another account offered by a third party. If you consent to link the account to your Digital Product, Nintendo may collect and combine information you allowed Nintendo to receive from the third party with information from your Digital Product.

If the linking of the account to your Digital Product requires the transmission of information about your person from Nintendo to a third party, you will be informed about it before the linking takes place and you will be given the opportunity to consent to the linking and the transmission of your information. Your information will be treated by a third party in accordance with the privacy policy of any such third party.

Nintendo is not responsible for the use of your information that was transmitted with your consent by any third party.

Nintendo may also allow you to link your Digital Product to another account offered by Nintendo or its European affiliated companies. If you consent to link the accounts, Nintendo may collect and combine information related to your use of both such accounts. Any opt-in or opt-out settings you have chosen in your Digital Product continue to apply to your use of the Digital Product.

1.6 Cookies and Similar Technologies

1.6.1 General Information

The Digital Product may use cookies and other similar technologies. Cookies are small files downloaded to your device. Cookies help us to ensure the safety and smooth functionality of our services (security cookies and session cookies).

The security and session cookies that we employ are necessary to provide you with the services you have requested. For example, we employ cookies that enable us to maintain your online session.

1.6.2 Google Analytics

The Digital Product uses Google Analytics, a web analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). Google Analytics uses cookies that are stored on your device and facilitate the analysis of your use of our services. The information generated by the cookie about your use of our services is transmitted to Google and stored by Google on servers located in the United States. In the Digital Product, IP anonymisation has been activated. The IP address of users located within a country of the European Union or in other states contracting to the Agreement on the European Economic Area will be shortened. Only in exceptional cases will a complete IP address be transferred to a Google server in the United States and shortened there. On our behalf, Google will use this information for the purpose of evaluating the Digital Product for us, in order to compile reports on the activity of the Digital Product, and to provide other services relating to the activity of the Digital Product and internet usage for us. Google will not associate the IP address transferred in the context of Google Analytics with any other data held by Google.
For further information please visit https://support.google.com/analytics/answer/6004245.

2 How Information Is Used - Purposes of Processing

2.1 Providing the Service

We collect and further process the information in order to:
- Set up the connection of your device with Nintendo servers,
- Enable your use of the Digital Product; and to
- Process requests that you make via the Digital Product.

If you use the Digital Product for making transactions, we process the information about the transactions you make to the extent necessary to process your orders, to provide you with the transaction history and to meet our financial and legal obligations.

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 relating to the use of the Digital Product to prevent fraud, potentially illegal or offensive activities or to enforce our rights or the rights of other 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 our 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 Communication via the Digital Product

Online features of the Digital Product which enable you to play online with other users or to participate in online rankings are part of the Digital Product. If you choose to use such features, your user name, game avatar, game status and/or other gameplay and ranking data are shared with other users to enable you to play online with others and to participate in online rankings. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

Apart from the aforementioned features, parts of the Digital Product may support further communication between users and the exchange of User-Generated Content. If you choose to use such parts of the Digital Product, other users may be able to see some information about you, such as your nickname, the appearance and profile of any character representing you in the Digital Product and any User-Generated Content you submit. Depending on the features you use, your player history, your ranking and status may be shared between users or published online to enable the requested interaction. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

If you have set up a friend list or a black list for the Digital Product, this information may be processed to make sure that your choices are respected. The legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

2.4 Usage Information

"Usage Information" as referred to in this Section 2.4 includes all information submitted through the Digital Product as well as all information collected and processed when using the Digital Product.

2.4.1 Provision of the service

We process the Usage Information for the provision of the service of the Digital Product described in Section 2.1. The legal basis for the processing referred to in this Section 2.4.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

2.4.2 Product and Service Improvement

We process the Usage Information to perform analytics and statistics of the usage of the Digital Product in order to improve and optimise the Digital Product and our products, our services and performance of our products and services.
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 Digital Product and of our 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 at any time opt out in the "Sharing Usage Data" settings of your Digital Product.

2.4.3 Customised Offers and Recommendations

We may also process the Usage Information for purposes of customised marketing, so that content, products and services can be tailored to meet your needs and to enable customised recommendations and offers displayed to you via the Digital Product or other online functionalities. The legal basis for this processing is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your information for such marketing as it avoids displaying recommendations and offers that are irrelevant for the user. Customised recommendations and offers have an increased relevance of the user and thus improve the online experience for the benefit of the user.
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 opt out in the "Sharing Usage Data" settings of your Digital Product.

2.5 Linking to Other Networks

The legal basis for the processing in the cases explained in Section 1.5 is Art. 6 para. 1 (a) GDPR.

2.6 Cookies and Similar Technologies

2.6.1 General Information

The legal basis for using security and session cookies as explained in Section 1.6.1 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

2.6.2 Google Analytics

The legal basis for using Google Analytics (see above Section 1.6.2) and for analysing usage of our service is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the improvement and optimisation of our service for the benefit 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 opt out in the "Sharing Usage Data" settings of your Digital Product.

If you do not object to the use of Google Analytics, information received via Google Analytics may be combined with information from your Digital Product and used for the purposes as described in Section 2.4 above.

3 User Communications

When you send an email or other communication to Nintendo, we use those communications in order 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).

4 Who Has Access to Your Information

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 affiliates such as Nintendo of Europe GmbH and its branches in Italy, Germany, Austria, Switzerland and the United Kingdom; Nintendo France SARL, Nintendo Ibérica, S.A.U. and Nintendo Benelux B.V.;
- Nintendo of America Inc., located in the United States and Nintendo Australia Pty Limited, located in Australia. The level of data protection provided under the US and Australian law is lower than the level provided in the European Community.
If Nintendo shares your information with Nintendo of America Inc. or with Nintendo Australia Pty Limited 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 of America Inc or Nintendo Australia Pty Limited.

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 Digital Product and to deal with any inquiries 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.

In compliance with applicable data protection requirements, Nintendo may also use third-party data processors and may share your information with such third-party data processors acting on Nintendo’s behalf to provide services in connection with the Digital Product. Where such third-party processors are located outside the European Union or 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 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 periods - for the storage and retention period required by law. After that your personal data will be deleted.
In particular:
- If you withdraw a consent on which a processing of your personal data is based, we will delete your personal data without undue delay to the extent that the collection and processing of the personal data was based on the withdrawn consent.
- 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 our 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. You can also access the information you provided in the settings of your Digital Product.
- 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 your personal data was collected. 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. You can also change the information you provided in the settings of your Digital Product.
- 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 withdraw your consent: If you have given your consent to the processing of your personal data, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal. 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 this 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 may have the right to object to the processing of your personal data as further 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 Nintendo’s European Representative and Contact

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’s European representative Nintendo of Europe GmbH, Attn.: Legal Department, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, or via email at privacyinquiry.ncl@nintendo.de.

8 Nintendo’s Data Protection Officer:

Nintendo Co., Ltd., Attn.: Data Protection Officer, 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, dataprotectionofficer@nintendo.co.jp