Nintendo Developer Privacy Notice

Last updated: December 9, 2020 (JST)

Nintendo knows that privacy is important to you. This Nintendo Developer Privacy Notice ("Privacy Notice") describes how Nintendo Co., Ltd. ("Nintendo", "we", "us" or "our") as the controller and with registered offices at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan, collects, uses, discloses, stores, processes and protects your information when you visit our website at https://developer.nintendo.com or use any of the services available through, or ancillary to, such websites (our "Services").
The Services include

  • Provision, access to and usage of development tools, middleware and SDK (collectively, the “Development Tools”);
  • Provision of online documentation;
  • Technical support;
  • Support for Submission of a game or an application;
  • Support for sales of a game or an application which was approved by us;
  • Support for provision of service of a game or an application which was approved by us.

1.  YOUR INFORMATION

We collect personal data and other information that you provide to us when you use our Services, including when you complete our registration forms, use our Development Tools and anytime you are in contact with us. The types of information we collect include:

  • Registration information that you provide when signing up to use our Services, including your name, username, screen name, e-mail address, postal address, professional details (such as organizational name and job title) and other contact details you provide. The provision of the registration information is necessary to sign up to use our Services;
  • Login information that you use to sign in to our Services, such as your username and password;
  • Public profile information displayed about you when you use parts of our Services that support the communication between users and the sharing of information with others, such as your screen name and any other profile information that you voluntarily choose to share;
  • Project information about proposed game or application developments and details of developments that you are currently working on;
  • Legal information concerning any legal agreements that you execute in order to use the website and the Services (such as the Nintendo Developer Portal’s Terms of Service and Non-Disclosure Agreement);
  • Payment Information such as your bank account information that you provide to us through the Services in order for us to issue payments to you;
  • Usage Information related to your use of our Services, such as crash and error reports, technical information about the devices you use to develop applications, log files and other usage information generated by your interactions with the Services;
  • Correspondence you send directly to us and that we send to you;
  • Any other information you choose to provide directly to us.

    For the legal basis of the collection of this information under General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “GDPR”) if you are located in the European Union or under Lei Geral de Proteção de Dados (“LGPD”) if you are located in Brazil (GDPR and LGPD together “Applicable Data Protection Law”), please see Section 3. below.

Cookies: Cookies are small files downloaded to your computer to track movements within websites, to keep track of the fact that you have signed in so you do not need to continually enter your username and password, and to store the language in which you choose to view the website. Most browsers are automatically set to accept cookies.

Most of the cookies that we serve are necessary to provide you with the Services you have requested. For example, we serve cookies that enable us to authenticate you when you use our Services and to maintain your website session. We also serve cookies that enable us to remember any language preferences you specify so that we present the Services in your preferred language. If you are located in a country of the European Union or in Brazil, the legal basis for using these cookies is the provision of the Service you have requested pursuant to Applicable Data Protection Law (i.e., Art. 6 para. 1 (b) GDPR or Art. 8, §5 LGPD). We do not serve any cookies for advertising purposes.

You can often set your browser to notify you when you are sent a cookie, and you may also be able to elect not to accept cookies (including the cookies described above) by changing the designated settings on your web browser. However, not utilizing cookies may prevent you from using certain functions and features of the Services.

Log Files: Certain information is transmitted to us by your internet browser each time you visit our website, including the date and time of your visit, the name of the pages and files that you accessed, the website you came from, the type of internet browser and operating system you used and the IP address. For the legal basis of the collection of Log Files under Applicable Data Protection Law, please see Section 3. below.

3.  PROCESS OF INFORMATION

(a) We process the collected information in order to:

  • Register you with, and provide you with access to, the Services;
  • Review your application to become an approved Nintendo developer;
  • Review any projects that you submit through the Services;
  • Provide you with access to the Development Tools through the Services;
  • Issue payments to you;
  • Contact you to answer your inquiries or forward any requested information;
  • Provide you with technical support including repair services.

If you are located in a country of the European Union or in Brazil, the legal basis for the processing pursuant to this Section 3 (a) is the performance or execution of a contract as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (b) GDPR or Art. 8, §5 LGPD).

(b) We also process the collected information as far as this is necessary to:

  • Prevent potentially illegal or offensive activities;
  • Enforce our rights or the rights of other users of the Services;

If you are located in a country of the European Union or in Brazil, the legal basis for the processing pursuant to this Section 3 (b) is legitimate interest as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). The legitimate interest we pursue is the prevention of fraudulent and illegal activities, the protection of our systems and of our users and the enforcement of our legitimate rights and the rights of our users.

If you are located in a country of the European Union or in Brazil, you may have the right to object, on grounds relating to your particular situation, at any time to the processing pursuant to this Section 3 (b). To exercise this right you may at any time contact our European or Brazilian representative as provided for in Section 11 (b) below.

(c) We further process the collected information (excluding, however, your login information, your payment information, your legal information and your correspondence) to perform analytics and statistics of the usage of our Services in order to improve and optimize the Services and in order to improve and optimize the environment of our Development Tools we provide you through the Services.

If you are located in a country of the European Union or in Brazil, the legal basis for the processing pursuant to this Section 3 (c) is legitimate interest as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). The legitimate interest we pursue is the improvement and optimization of the Services which is to the benefit of the users.

If you are located in a country of the European Union or in Brazil, you may have the right to object, on grounds relating to your particular situation, at any time to the processing pursuant to this Section 3 (c). To exercise this right you may at any time contact our European or Brazilian representative as provided for in Section 11 (b) below.

(d) We generally process the collected information for the purpose of ensuring the security and proper functioning of our Services.

If you are located in a country of the European Union or in Brazil, the legal basis for the processing pursuant to this Section 3 (d) is legitimate interest as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). The legitimate interest we pursue is the protection of our systems.

If you are located in a country of the European Union or in Brazil, you may have the right to object, on grounds relating to your particular situation, at any time to the processing pursuant to this Section 3 (d). To exercise this right you may at any time contact our European or Brazilian representative as provided for in Section 11 (b) below.

4.  DISCLOSURE OF INFORMATION

Nintendo Affiliates. At times we may make certain information that we collect available to our affiliated companies as follows:

We may share information with other Nintendo affiliated companies (including but not limited to Nintendo of Europe GmbH, Nintendo of America Inc., Nintendo Australia Pty Limited, Nintendo of Korea Co., Ltd. and Nintendo Sales Co., Ltd.) to process for purposes that are consistent with those disclosed in this Privacy Notice.

If you are located in a country of the European Union or in Brazil, the legal basis for sharing your information with our affiliated companies is legitimate interest as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). We have a legitimate interest in sharing your information with our affiliated companies for internal administrative purposes, in particular to offer the Services to users and to deal with inquiries in an efficient and high-quality manner. Where we share your information with an affiliated company located outside the European Economic Area or outside of Brazil, respectively, 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 or the Brazilian data protection authority and that have been entered into between Nintendo and its affiliated company.

If you are located in a country of the European Union or in Brazil, you may 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 our European or Brazilian representative as provided for in Section 11 (b) below.

Legal and business purposes. We may disclose your information in order to comply with legal process, to respond to claims or inquiries, or to protect the rights, property or personal safety of Nintendo, our users, or the public. Your information may also be disclosed as part of any sale or transfer of company assets, if legally permitted.

If you are located in a country of the European Union or in Brazil, as far as we are required by law to disclose your information, the legal basis is our compliance with a legal obligation as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (c) GDPR or Art. 8, §2 LGPD). If you are located in a country of the European Union or in Brazil, as far as the disclosure is necessary for the purpose of responding to claims or inquiries or protecting the rights, property or personal safety of Nintendo, our users, or the public, or for the sale or transfer of company assets, the legal basis for the processing is legitimate interest as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). The legitimate interest we pursue is the effective enforcement of legal claims and exercise of our rights and the rights of our users, safeguarding our security and the security of our users and the commercial exploitation of our business assets via sale or transfer.

If you are located in a country of the European Union or in Brazil, you may have the right to object, on grounds relating to your particular situation, at any time to the processing pursuant to this Section as far as it is based on our legitimate interests. To exercise this right you may at any time contact our European or Brazilian representative as provided for in Section 11 (b) below.

Third Party Data Processors. In compliance with applicable data protection requirements, we may share information with third party data processors acting on our behalf that either provide us with services in connection with the development, operation and delivery of the Services, or that are authorized to sell on our behalf Development Tools to you.

If you are located in a country of the European Union or in Brazil, where such third party processors are located outside the European Economic Area or outside of Brazil, respectively, such third party processors are either located in a third country where the European Commission or the Brazilian data protection authority, respectively, 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 or the Brazilian data protection authority and that have been entered into between Nintendo and the third party data processor.

You are responsible for any information that you share with others through use of our Services.

5.  GOOGLE ANALYTICS

Our website uses Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google Ireland”), within the European Economic Area and Switzerland and otherwise provided by of Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). Google Analytics uses cookies that are stored on your computer and facilitate the analysis of your use of our website. The information generated by the cookie about your use of our website is transmitted to Google Ireland / Google and may be stored by Google on servers located in the United States. IP anonymization has been activated on our website and as a result, your IP address will be shortened. Only in exceptional cases will a complete IP address be transferred to a server by Google in the United States and shortened there. On our behalf, Google Ireland / Google will use this information for the purpose of evaluating the website for us, in order to compile reports on website activity, and to provide other services relating to website activity and internet usage for us. Google Ireland / Google will not associate the IP address transferred in the context of Google Analytics with any other data held by Google Ireland / Google. Google Analytics will only be enabled if you consent to its use. If you permitted the use of Google Analytics, you can disable Google Analytics at any time by downloading and installing a browser plug-in through the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

For the avoidance of doubt, if you are located in a country of the European Union or in Brazil, the legal basis for enabling Google Analytics is your consent as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (a) GDPR or Art. 8, §1 LGPD). Further, if you are located in a country of the European Union or in Brazil, the legal basis for the subsequent processing of the data collected via Google Analytics such as usage, analysis and storage is legitimate interest under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). The legitimate interest Nintendo pursues is the improvement and optimization of the website for the benefit of the website visitors.

If you are located in a country of the European Union or in Brazil, you may have the right to object, on grounds relating to your particular situation, at any time to the processing pursuant to this Section. To exercise this right you may download and install the aforementioned browser plug-in.

For further information please visit https://www.google.com/analytics/terms/ or https://support.google.com/analytics/answer/6004245?hl=en

Please select one of the two options below and press the "Save" button to confirm your settings.

6.  GOOGLE RECAPTCHA

Our website also uses the Google reCAPTCHA service on its website. Within the European Economic Area and Switzerland, this service is provided by Google Ireland. Outside of these regions, Google offers the reCAPTCHA service. reCAPTCHA is used to determine whether the data entered on the website, in particular in any forms provided on the website, has been entered by a human or by an automated program. reCAPTCHA analyzes the user’s behavior based on various characteristics, e.g. IP address, duration of the visit of the website or the user’s mouse movements. The analysis starts automatically as soon as the user enters the respective subpage of the website where reCAPTCHA is used.

Google Ireland may transfer the data collected via reCAPTCHA to Google in the United States.

If you are located in a country of the European Union or in Brazil, the legal basis for using reCAPTCHA and for analyzing user behavior on the website is legitimate interest as provided under Applicable Data Protection Law (i.e., Art. 6 para. 1 (f) GDPR or Art. 8, §9 LGPD). The legitimate interest Nintendo pursues is to prevent the abuse of its website by automated programs.

If you are located in a country of the European Union or in Brazil, you may have the right to object, on grounds relating to your particular situation, at any time to the processing pursuant to this Section 6. To exercise this right you may at any time contact our European or Brazilian representative as provided for in Section 11 (b) below.

For further information about reCAPTCHA please visit https://www.google.com/recaptcha/about/, https://policies.google.com/privacy and https://policies.google.com/terms.

7.  SECURITY

Nintendo uses appropriate technical, administrative and organizational measures to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

8.  CHANGES TO THE PRIVACY NOTICE

We may update this Privacy Notice from time to time. When we update this Privacy Notice, we will revise the "Last Updated" date above. We will provide a prominent notice of material changes affecting the type of information we collect from you and/or our use of your information prior to any such change being applicable to you.

9.  STORAGE TIME

We will only store your information as long as necessary to fulfill 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.

If you are located in a country of the European Union or in Brazil and if the publisher agreement with Nintendo is terminated, your personal data will be deleted. Please note that we are required to retain certain transactional data from the Services you used under statutory commercial and tax law for a period of up to ten (10) years.

If you are located in a country of the European Union or in Brazil and if you exercise a right to object to the processing or withdraw your consent to the processing, we will suspend the processing for the purpose to which you objected or to the extent you withdrew your consent, unless another legal basis for processing and retaining this data exists or unless applicable law requires us to retain the data.

10.  YOUR RIGHTS UNDER APPLICABLE DATA PROTECTION LAW

If you are located in a country of the European Union, you may have the following rights under European data protection law, respectively under the GDPR:

  • The right to request access to personal data stored by us;
  • The right to request rectification or erasure of your personal data or restriction of processing concerning your personal data.
  • The right to withdraw any consent you have given at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
  • The right to data portability;
  • The right to object to the processing of your personal data.

If you are located in Brazil, you may have the following rights under the LGPD:

  • The right to confirm the existence of data processing;
  • The right to request access to personal data stored by us;
  • The right to correct incomplete, inaccurate or out-of-date personal data;
  • The right to request anonymization or deletion of your personal data;
  • The right to revoke any consent you have given at any time, and to have deleted the personal data processed with such consent;
  • The right to know the entities with which Nintendo has shared your personal data;
  • The right to data portability;
  • The right to object to the processing of your personal data.

To exercise any of the aforementioned rights you may at any time contact our European or Brazilian representative as provided in Section 11 (b) below.

You also have the right to lodge a complaint with a data protection supervisory authority located in the European Union, if you are located in the European Union, or a data protection supervisory authority located in Brazil, if you are located in Brazil.

11.  CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

(a) If you have any questions, complaints or comments regarding this Privacy Notice, or any of our privacy practices, please contact:

  • Our Japanese headquarters at contact_publish@nintendo.co.jp, via phone at 81-75-662-9600, or via regular mail at Nintendo Co., Ltd, Attn: Licensing Department, 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan.
  • Our Brazilian Representative Nintendo of America Inc. at privacypolicy@noa.nintendo.com, via phone at 1-888-977-7627, or via regular mail at Nintendo of America Inc., Attn: Privacy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A.
  • Our European representative Nintendo of Europe GmbH at privacyinquiry.ndp@nintendo.de, or via regular mail at Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany.

(b) If you would like to exercise any of your rights under Applicable Data Protection Law, please contact:

  • for GDPR requests: Our European representative Nintendo of Europe GmbH, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany via regular mail, or via email at privacyinquiry.ndp@nintendo.de.
  • for LGPD requests: Our Brazilian Representative Nintendo of America Inc., Attn: Data Protection Officer, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. via regular mail or via email at dataprotectionofficer@noa.nintendo.com.

12.  Nintendo's Data Protection Officer as per European regulation: