The NINTENDO NETWORK AGREEMENT and the NINTENDO NETWORK PRIVACY POLICY are important legal documents. If you are under the age of 18, you must get your parent or legal guardian to accept their terms.

I. Nintendo Network Agreement

Version: 05.2018 (EN/EU)

This is a binding agreement between you, an individual, and Nintendo of Europe GmbH (Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +49 69 66 77 47 5412, email address: eShopService@nintendo.de, fax number: +49 69 667747 95412). In this agreement, Nintendo of Europe GmbH will be referred to as "Nintendo", "we" or "us".

This Nintendo Network Agreement (the "Agreement") covers your use of Nintendo Network.

1 General Provisions

1.1 Definitions

In this Agreement, the following terms shall have the following meanings:

"Digital Products" refers to all games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content which is available free of charge or sold in Nintendo Shopping Services for use on a Nintendo Device and/or via Nintendo Network.

"Linked Nintendo Device" refers to a Nintendo Device which has been linked to a Nintendo Network ID.

"Mii character" refers to a customisable electronic avatar that you can create in a Mii creation application and that can be used in games and other applications in Nintendo Network, including for representing your Nintendo Network ID to other users.

"Nintendo Device" refers to an electronic device manufactured and marketed by Nintendo under the "Nintendo"® trademark, which is capable of being linked to a Nintendo Network ID.

"Nintendo Intellectual Property" refers to all intellectual property, including but not limited to registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, Mii characters and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use.

"Nintendo Network" refers to an aggregate of all games, applications, software, services, portals, data and other content, whether commercial or non-commercial content, of Nintendo or third party partners of Nintendo, that is available to users with a registered Nintendo Network ID when they connect to the internet on their Linked Nintendo Device or when they access games, applications, software, portals, messages, information, data and other content identified as Nintendo Network content on any other device connected to the internet.

"Nintendo Shopping Services" refers to any applications, software and services available on Nintendo Network that allow users to (i) register to their Nintendo Network ID licences for games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content, free of charge or against payment and/or (ii) purchase Physical Products from Nintendo using a Nintendo Network ID.

"Physical Products" refers to tangible and physical items.

"Third-Party Content" refers to games, applications, software, add-on content, services, websites, portals, data and other digital content provided by third parties.

"Third-Party Shopping Services" refers to any applications, software and services offered by third parties that may be accessible on Nintendo Network, but that are not registered to the Nintendo Network ID and that allow users to obtain licences for games, applications, software and other digital content of third parties under the terms established by third parties.

"User-Generated Content" shall mean any communications, messages, text, images, drawings, photos, sound, voice, audio recordings, music, movies, information, data and any other material and content (including user names, nicknames, customised Mii characters, Mii nicknames, customised levels, maps, scenarios etc.) that is created by or licensed to Nintendo Network users and that is posted, sent or otherwise made available by a Nintendo Network user on a Nintendo Device and/or via Nintendo Network.

1.2 Nintendo Network ID

To use Nintendo Network you must register a Nintendo Network ID. You must provide accurate and complete data during the registration and update your registration data if they change.

The Nintendo Network ID is linked to your country of residence that you indicated during the registration. If you move to another country, you may not be able to use your Nintendo Network ID (including Digital Products) and you may have to create another Nintendo Network ID if you want to enjoy Nintendo Network in this new country. If you move back to the country, in which your Nintendo Network ID was registered, you will be able to 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 entity.

You are responsible for all transactions made with your Nintendo Network ID. You must keep your login information secure at all times. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised access to your Nintendo Network ID by a third party, or of any loss, theft or disclosure of your login information, you must immediately notify Nintendo.

Nintendo, in its sole discretion, may allow you to link your Nintendo Network ID to one or several Nintendo Devices. If your Nintendo Network ID is linked to a Nintendo Device, you must delete your Nintendo Network ID and any other content that is personal to you from the Linked Nintendo Device before you sell or otherwise transfer your Linked Nintendo Device to another person.

Children may use a Nintendo Network ID set up for them by their parent or legal guardian. Parents or legal guardians must supervise their children’s use of Nintendo Network at all times. Parents or legal guardians are responsible for using the parental control functionality offered by Nintendo if they want to limit their children’s use of Nintendo Network.

1.3 Use of Nintendo Network

Nintendo Network is solely for your own personal recreational and non-commercial use. Nintendo Network must not be used for any other purpose.

You are responsible for all costs in relation to the use of Nintendo Network via your Nintendo Network ID, whether by yourself or by your friends, your family or any other third party (including any internet connection fees, the costs for the necessary equipment and any other relevant fees and charges). The exact amount of costs depends, among other things, on the device that you use to access Nintendo Network, on your activities in Nintendo Network and on the conditions of your internet access provider.

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

1.4 User-Generated Content

Nintendo is not responsible for any User-Generated Content. User-Generated Content is the sole responsibility of the Nintendo Network user who posted, sent or otherwise made available such User-Generated Content via Nintendo Network. Nintendo is not obligated to monitor User-Generated Content. However, if Nintendo becomes aware of possibly unlawful or inappropriate User-Generated Content, Nintendo reserves the right to delete or to block access to such User-Generated Content at its own discretion.

If you post, send or otherwise make available User-Generated Content via Nintendo Network you grant Nintendo a non-exclusive, worldwide, royalty-free, perpetual and fully transferable right to reproduce, publish and make available User-Generated Content via Nintendo Network as envisaged by the application that you use to post, send or otherwise make available such User-Generated Content. This does not apply to User-Generated Content contained in any private messages or in any other private communication.

You acknowledge that, depending on the application you use within Nintendo Network, your User-Generated Content may be viewed, reproduced, published and/or modified by third parties. You should not include personal information such as your name, your email address, your address or your telephone number or any other sensitive data in User-Generated Content.

You acknowledge that Nintendo Network may be changed, in part or in whole, at any time and any User-Generated Content may be deleted from Nintendo Network at any time. Nintendo is not obligated to store any User-Generated Content.

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

1.5 Nintendo Network Code of Conduct

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

The Nintendo Network Code of Conduct prohibits all illegal, harmful or otherwise inappropriate conduct, including, but not limited to the following:

• Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions in connection with Nintendo Network;
• Providing any incorrect or false data when registering the Nintendo Network ID or using Nintendo Network; fraudulent activities on Nintendo Network (in particular, in relation to transactions in Nintendo Shopping Services);
• Making, sharing or playing unauthorised copies of games, applications, software, add-on content, music, images, videos and other content available via Nintendo Network;
• Making new versions of existing Digital Products ("derivatives");
• Using cheats, automation software (bots), hacks, mods or any other unauthorised software designed to modify Nintendo Network or any part of it;
• Gaining unauthorised access to any of Nintendo’s computers, hardware, equipment, servers or networks used to support Nintendo Network; hosting, intercepting, emulating, reverse engineering any part of a Linked Nintendo Device or Nintendo Network or redirecting the communication protocols used by Nintendo as part of Nintendo Network, regardless of the method used to do so;
• Engaging in any commercial or advertising activity, or arranging meetings using Nintendo Network;
• Accessing a Nintendo Network ID of another user without permission;
• Selling, trading, assigning or otherwise transferring a Nintendo Network ID to another person or entity;
• Posting, sending or otherwise making available via Nintendo Network any content that infringes the rights of others, including any patent, trademark, trade secret, copyright, privacy rights, portrait rights or other intellectual property or proprietary rights;
• Posting, sending or otherwise making available via Nintendo Network any content that contains personal data (including photos, images and videos) of any third party without their permission;
• Selling, trading, assigning, licensing, or otherwise conveying virtual property for real money or for funds credited to a Nintendo Network ID, where "virtual property" refers to any features of games or other content that can be traded with other Nintendo Network users for free or for in-game virtual currency.

1.6 Background Communication Features

In case your Nintendo Network ID is linked to a Nintendo Device and your Linked Nintendo Device is connected to the internet, your Linked Nintendo Device may 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 for software and applications installed on your Linked Nintendo Device, updates for content on Nintendo Network, new applications and important service messages from Nintendo. A system update of your linked Nintendo Device may be required to fully enjoy all features of Nintendo Network.

Background communication with other Linked Nintendo Devices may happen depending on the application you use. You will be informed about the background communication features in the respective application.

You can disable background communication features in the settings of your Linked Nintendo Device or in the settings of the respective application. You can also disable background communication features completely by disconnecting your Linked Nintendo Device from the internet.

1.7 Third-Party Content

Nintendo Network may offer access to Third-Party Content. Third-Party Content is offered and distributed at the sole responsibility of the third party. Nintendo assumes no liability in this respect. Third-Party Content may be subject to terms and conditions provided by respective third parties.

Parental control functionality offered by Nintendo may not work with Third-Party Content. In this case you may be given a prior notice and an option to block your child’s access to any such Third-Party Content.

1.8 Nintendo Intellectual Property

Nintendo owns all rights, titles and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property necessary to operate Nintendo Network. Nintendo grants to you a personal licence to use the Nintendo Intellectual Property as far as this is necessary to use Nintendo Network in compliance with the terms of this Agreement. You may not transfer, assign, sublicense or otherwise dispose of this licence to another person or entity and may not use the Nintendo Intellectual Property for any commercial purpose. Further to the licence set out in this Agreement, Nintendo does not provide you with any right, title or interest in the Nintendo Intellectual Property. Nintendo reserves all rights in the Nintendo Intellectual Property.

1.9 Nintendo's Liability to You

If we fail to comply with these terms, Nintendo is liable for damages arising as a foreseeable result of our negligence or breach of this Agreement.

We are not responsible for any loss or damage that is not foreseeable. Loss or damage are foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.

As the Nintendo Network is for your own personal recreational and non-commercial use, we are also not responsible for any loss of profit, loss of business, business interruption, loss of data or loss of business opportunity.

We do not in any way exclude or limit our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the terms implied by law relating to our title to the Nintendo Intellectual Property, Digital Products and Physical Products;
• any breach of the terms implied by law relating to the description, satisfactory quality and fitness for purpose of Digital Products and Physical Products; and product liability.

1.10 Indemnity

Subject to Article 1.9 of this Agreement, you agree to indemnify and hold Nintendo, its affiliates and subsidiaries harmless from and against any loss, liability or claim (including reasonable attorney fees) arising out of or in connection with your use of the Nintendo Network in an unlawful manner or otherwise in breach of the terms of this Agreement (including, without limitation, the Nintendo Network Code of Conduct). This indemnity shall include, in particular, any loss, liability or claim arising out of or in connection with any User-Generated Content, including, without limitation, any photographs, videos or any other materials you upload.

1.11 Changes to the Agreement

A current version of this Agreement will always be available on Nintendo's website. Nintendo may change the terms and conditions of this Agreement at any time so far as this is necessary or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements. If we make changes, we will give a notification to you via 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 via email. If you do not object to these changes within 4 weeks after they have been communicated to you, the changes will be deemed to be accepted (the notification will inform you accordingly). Should you object to the changes, Nintendo reserves the right to terminate this Agreement or any portion of it upon a reasonable notice and you will have to register again if you wish to continue using Nintendo Network under the new terms and conditions.

1.12 Termination and Transfer of the Agreement

You may terminate this Agreement at any time by deleting your Nintendo Network ID.

Nintendo may terminate this Agreement, or any part of this Agreement, at any time, without notice if you breach the terms of this Agreement. In case of minor breaches Nintendo will provide you with a prior warning of your non-compliance and give you an opportunity to remedy this. However, if your behaviour is utterly unacceptable, Nintendo is not required to provide you with such prior warning. Behaviour is considered utterly unacceptable in case of serious violations of the Nintendo Network Code of Conduct and other important provisions of this Agreement.

Nintendo may also terminate this Agreement, or any part of this Agreement, at any time, for legal, technical or commercial reasons. In this case, we will provide you with reasonable advance notice.

The termination of this Agreement for any reason will lead to the termination of any licences granted under the Agreement and will prevent your use of Nintendo Network, including, but not limited to Nintendo Shopping Services. The termination of a part of this Agreement may limit your use of selected applications and functionalities of Nintendo Network.

If this Agreement is terminated for any reason, Articles 1.8, 1.9, 1.10, 1.13 and 1.14 will remain in effect.

Nintendo may transfer in its sole discretion the entire contractual relation with you under this Agreement to its affiliated company Nintendo Co. Ltd., located at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto, Japan. Nintendo will inform you of such transfer at least one month in advance.

1.13 Agreement Interpretation

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 considered deleted from the Agreement, but that all other parts of the Agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention.

1.14 Governing Law

This Agreement and any claims under this Agreement shall be governed by the laws of Germany, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods and without reference to conflict of laws principles.

1.15 Customer Support

If you have any questions about this Agreement, please contact us by email. Contact details of your local Nintendo Customer Support can be found at http://contact.nintendo.eu.

2 Shopping Services

2.1 Nintendo Shopping Services

Nintendo Network may offer access to Nintendo Shopping Services. You can use Nintendo Shopping Services to acquire Digital Products from Nintendo or third parties, to purchase Physical Products from Nintendo as well as to download and use Digital Products on your Linked Nintendo Device and/or via Nintendo Network.

2.1.1 Digital Products

2.1.1.1 Registering Digital Products

In order for you to download and use Digital Products, a licence for the respective Digital Product needs to be registered to your Nintendo Network ID.

The licence for Digital Products may be acquired in various ways, subject to availability in your country.

In case the licence for a Digital Product is offered free of charge in Nintendo Shopping Services, the licence will be registered to your Nintendo Network ID after you have submitted the respective order in Nintendo Shopping Services.

In case the licence for a Digital Product is offered for purchasing in Nintendo Shopping Services by Nintendo or third parties, the licence will be registered to your Nintendo Network ID after you have submitted the respective order in Nintendo Shopping Services and made the payment to Nintendo or a third party, as applicable.

The licence for a Digital Product may also be purchased or acquired outside of Nintendo Shopping Services. In this case, you will be informed about the applicable process to register the licence for a Digital Product to your Nintendo Network ID.

Except as otherwise provided, the licence for a Digital Product is tied to your Nintendo Network ID and allows you to use the Digital Product only on the Linked Nintendo Device, to which the Digital Product has been initially downloaded. Except as otherwise provided, all users who have registered a Nintendo Network ID on such a Linked Nintendo Device may use the respective Digital Product.

IMPORTANT: In case you acquire the licence for a Digital Product from any third party, Nintendo will solely provide the technical infrastructure to enable you to register the licence to your Nintendo Network ID. However, Nintendo is neither a seller nor a party to any contract that you may conclude with any such third party and Nintendo assumes no liability in this respect.

2.1.1.2 Licence for Digital Products

Any Digital Products registered to your Nintendo Network ID and any updates of such Digital Products are licensed only for personal and non-commercial use on a Linked Nintendo Device and/or via Nintendo Network. Digital Products must not be used for any other purpose. In particular, without Nintendo’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law.

2.1.2 Physical Products

2.1.2.1 Ordering Process

If you choose to purchase a Physical Product from Nintendo in Nintendo Shopping Services, you will be provided an overview of your order and given an opportunity to amend it before entering into a binding purchase agreement with Nintendo.

2.1.2.2 Delivery and Customs

During the purchasing process you will be given an opportunity to input the delivery address for your order. You will be informed before the purchase about the countries in which the delivery of Physical Products is possible. You are responsible for any applicable customs duties or taxes in the country of delivery.

2.1.2.3 Reservation of Title

Any Physical Products delivered to you will remain the property of Nintendo until payment is made in full.

2.1.3 Defects

In the event of a defect the statutory provisions shall apply. If an additional manufacturer’s warranty applies, any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have.

2.1.4 Payment Methods

In case you acquire the licence for a Digital Product from Nintendo or in case you purchase a Physical Product from Nintendo, Nintendo may offer various payment methods, subject to availability in your country.

Nintendo may allow you to use funds to make the payment for Digital and Physical Products that you have purchased from Nintendo in Nintendo Shopping Services. Funds may be uploaded to your Nintendo Network ID by using a credit card, by inserting a digital code printed on a Nintendo eShop Card available in retail, or by any other method communicated by Nintendo.

Funds are tied to your Nintendo Network ID and cannot be transferred to any other person or entity. Funds are non-refundable and cannot be exchanged for cash or credit. Funds can only be used to purchase Digital and/or Physical Products from Nintendo in Nintendo Shopping Services. Nintendo may, in its sole discretion, restrict the maximum amount of funds that may be uploaded to your Nintendo Network ID.

You are responsible for any use of funds via your Nintendo Network ID.

In case you acquire the licence for a Digital Product from any third party, the third party will inform you about the applicable payment method.

2.1.5 Shopping History

For any transactions in Nintendo Shopping Services (registration of a license for Digital Products, payment for Digital Products, purchase of Physical Products, uploading funds, etc.) you will receive an electronic receipt confirming the transaction. This receipt will be sent to you via email or posted in your shopping history which you can access any time via your Nintendo Network ID.

2.2 Third-Party Shopping Services

Nintendo Network may offer access to Third-Party Shopping Services. Third-Party Shopping Services are offered by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through Third-Party Shopping Services. Products that you may acquire via Third-Party Shopping Services are not registered to your Nintendo Network ID. Nintendo assumes no liability in respect of Third-Party Shopping Services. Third-Party Shopping Services are subject to terms and conditions provided by the respective third parties.

END OF NINTENDO NETWORK AGREEMENT

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Instructions for Right to Cancel

RIGHT TO CANCEL (Physical products)

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +49 69 66 77 47 5412, fax number: +49 69 667747 95412, email: eShopService@nintendo.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and not later than:

(a) 14 days after the day we receive back from you any good supplied; or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

***

RIGHT TO CANCEL (Digital content)

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us (Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, telephone number: +49 69 66 77 47 5412, fax number: +49 69 667747 95412, email: eShopService@nintendo.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay and not later than:

(a) 14 days after the day we receive back from you any good supplied; or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

***

The cancellation right expires earlier in respect of the contracts listed below:

- contracts for the supply of sealed goods: the cancellation right for sealed goods which are not suitable for return due to health protection or hygiene reasons expires if they are unsealed after delivery;

- contracts for the supply of sealed audio recordings, video recordings or sealed computer software: the cancellation right for sealed audio or sealed video recordings or sealed computer software (such as video games) expires if they are unsealed after delivery;

- contracts for the supply of digital content: where we supply digital content not on a tangible medium, the cancellation right expires if we have begun our supply of the digital content after you have expressly consented that we can begin the supply before the cancellation period ends, and you have acknowledged that you lose your right to cancel the contract in this circumstance;

- service contracts: the cancellation right expires earlier if the service has been fully performed by us, the performance of the service began with your prior express consent, and you acknowledged that you lose your right of cancellation once the contract has been fully performed.

***

Model Cancellation Form

(If you want to cancel the contract please complete and return this form.)

- To Nintendo of Europe GmbH, Herriotstrasse 4, 60528 Frankfurt am Main, Germany, fax number: +49 69 667747 95412, email address: eShopService@nintendo.de

I/We ( * ) hereby give notice that I/we ( * ) cancel my/our ( * ) contract of sale of the following goods( * )/for the provision of the following service ( * ):

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

- Name of consumer(s);

- Address of consumer(s);

- Signature of consumer(s) (only if this form is notified on paper),

- Date:

( * ) Delete as appropriate.

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II. Nintendo Network Privacy Policy

By clicking “I accept” when registering a Nintendo Network ID you acknowledge the Nintendo Network 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 Nintendo Network Privacy Policy (the "Privacy Policy") is designed to provide you with information relating to the collection, processing, use and privacy of information you submit through Nintendo Network. 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”).

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

1 Personal Data of Children

If you - as the holder of parental responsibility - register a Nintendo Network ID on behalf of your child, the personal data of your child is collected, processed and used in accordance with this Privacy Policy. Where your child is below the age of 16 years and where the legal basis for the processing of the personal data is a consent pursuant to Art. 6 para. 1 (a) GDPR, consent must be given or authorised by you as the holder of parental responsibility and via the parental consent mechanism provided for by Nintendo.

2 What Information We Collect

2.1 Information about Your Person

For the registration of your Nintendo Network ID you need to provide your email address, country of residence, date of birth and gender. You are also required to set up a user name. The provision of this information is necessary to register a Nintendo Network ID and to use the Nintendo Network. You may choose to provide the region in which you live.

2.2 Information about the Device You Use

To link a Nintendo Device with your Nintendo Network ID and to enable the connection of the Linked Nintendo Device with Nintendo Network, we may collect and process technical information related to the Linked Nintendo Device, such as MAC address, IP address, serial number or other alphanumeric codes assigned to the Linked Nintendo Device or assigned to the application you use. If you access Nintendo Network from another electronic device, such as a PC, we may collect technical information (such as MAC address and IP address) of this device.

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

2.3 Information Related to Your Use of Nintendo Shopping Services

In order to purchase Digital Products from Nintendo or to upload funds to your Nintendo Network ID via Nintendo Shopping Services, you may need to provide credit card information (credit card number, expiration date and security code) to enable the transaction.

If you use Nintendo Shopping Services, we collect and process information about the registration of licences for Digital Products, payments for Digital Products, uploading funds and other transactions you make in Nintendo Shopping Services.

We may also collect and process information about the way you use Nintendo Shopping Services, such as which Digital Products you view or register on your wish list, which sections of Nintendo Shopping Service you visit, how you navigate in Nintendo Shopping Services as well as recommendations and game ratings made by you.

2.4 Information Related to Your Use of Nintendo Network

To enable you to enjoy content, products and services available in Nintendo Network, we process the data related to your activities, such as the user name and alphanumeric codes assigned to your Nintendo Network ID, name, appearance and profile of the Mii character that represents you in Nintendo Network; nicknames and IDs that you use in various applications, friends and favourites that you registered, Nintendo Network users you played with, User-Generated Content that you uploaded, posted or otherwise made available in Nintendo Network, your online presence information, and other data specific to games and applications that you use.

We may also collect your activity history data such as what games you played and what applications you used on your Linked Nintendo Device, at what times you played games or used applications, your current level, score and in-game location as well as information you submitted when participating in surveys.

2.5 Linking Your Nintendo Network ID to Other Networks

Nintendo Network may allow you to link your Nintendo Network ID to an account offered by a third party. If you consent to link the accounts, Nintendo may collect and combine information you allowed Nintendo to receive from a third party with information of your Nintendo Network ID.

In case the linking of the accounts 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 Network may also allow you to link your Nintendo Network ID to another account offered by Nintendo or by other Nintendo group companies, such as Nintendo Account offered by Nintendo Co. Ltd. If you consent to link the accounts, your data will be treated in accordance with the applicable privacy policy of any such other account that you have accepted. This means that 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 in accordance with the settings you made for your Nintendo Account.

2.6 Cookies

Web-based parts of Nintendo Network 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) and to collect information about the preferences of users in order to make our online offers more attractive for users (tracking cookies).

The security and session cookies that we serve are necessary to provide you with the services you have requested in Nintendo Network. For example, we serve cookies that enable us to authenticate you when you use the Nintendo Network and to maintain your online session. We also serve cookies that enable us to remember any language preferences you have chosen so that we present the Nintendo Network in your preferred language. Nintendo also serves cookies that are required in order to make the shopping basket function available to you in Nintendo Shopping Services.

Most browsers are automatically set to accept cookies. 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 by changing the designated settings on the device you use to access Nintendo Network. However, not utilizing cookies may prevent you from using certain functions and features of the Nintendo Network. Apart from cookies that are necessary for the provision of our services, the web-based parts of Nintendo Network may use tracking cookies. If we use tracking cookies, we will inform you about the use of and details of such tracking cookies and describe the available options to enable or disable such tracking cookies in the respective privacy policies.

3 How Information Is Used – Purposes of Processing

3.1 Providing the Service

We collect and further process the information we collect in order to:

• Register your Nintendo Network ID and to provide you with access to Nintendo Network;
• Set up the connection of your device with Nintendo Network;
• Provide you content, products and services available in Nintendo Network, to enable your participation in activities supported by Nintendo Network;
• Process orders and requests that you make in Nintendo Network; and
• Provide consumer support and repair services (including hardware and repair services for Linked Nintendo Devices).

If you use Nintendo Shopping Services, we process the information about the transactions you make and about the registration of licenses to the extent necessary to process your orders, to register your licences, to provide you the transaction history and receipts and to meet our financial and legal obligations. If you use a credit card in Nintendo Shopping Services, Nintendo processes your credit card data to conduct the payment. In order to allow that you do not need to re-enter your credit card details for your next transaction, Nintendo offers you the option to store your credit card details as an additional service. Nintendo will store the number of your credit card separately according to the rules issued by the credit card provider.

The legal basis for the processing referred to in this Section 3.1 is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

3.2 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 Nintendo Network 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 9 of this Privacy Policy.

3.3 Communication and Interaction in Nintendo Network

Online features of games or of other applications which enable you to play online with other users or to participate in online rankings are part of Nintendo Network. If you choose to use such features, your user name, game status and other game play and ranking data, name and appearance of a Mii character representing you in the Nintendo Network, country and/or a game avatar 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 online features, parts of Nintendo Network may support further communication between users and the exchange of User-Generated Content. If you choose to use such parts of Nintendo Network, other users may be able to see some information about you, such as your Nintendo Network ID, name and appearance of a Mii Character representing you in Nintendo Network, Mii profile information, country and any User-Generated Content you submit. Depending on the application you have chosen to use in Nintendo Network, your player history, your ranking and status, name of your favourite application or the most recent application that you used, your age or your 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 para. 1 (b) GDPR).In case you have set up a friend list or a black list for Nintendo Network users, this information may be processed by a game or application that you play 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).

If you have consented to link your Nintendo Network ID to an account offered by Nintendo or a third party (see Section 2.5 above), you will be suggested to other users within Nintendo Network, who are your friends in the linked account and have also consented to link their Nintendo Network ID to the other account. If you have consented to link your Nintendo Network ID to another account offered by Nintendo or by other Nintendo group companies (see Section 2.5 above), the friend list (with the nick names of your friends) registered with your Nintendo Network ID may be synchronised with any friend list registered with the other account offered by Nintendo or by Nintendo’s affiliated companies. The same applies if you are listed on the friend lists or black lists 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 the processing in cases explained in Section 2.5 above is Art. 6 para. 1 (a) GDPR.

3.5 Cookies

The legal basis for using security and session cookies as explained in Section 2.6 above is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).

When you access our websites that use tracking cookies (see above Section 2.6) while logged into your Nintendo Network ID and if you have not objected to the use of such tracking cookies, information received via such tracking cookies may be combined with your other information obtained through Nintendo Network and used for the purposes as described in Section 3.4. above.

4 Customised Email Offers

Subject to your separate consent, Nintendo may send you marketing and advertising messages about products and services of Nintendo or third parties to your email address. You can withdraw your consent to receive marketing and advertising messages as described above at any time in the email preference settings of your Nintendo Network ID.

If you consent to receive such emails offers, we may also process the information submitted through Nintendo Network as well as all information collected and processed when using Nintendo Network (in this Section 4 referred to as the “Usage Information”) to customise the recommendations and offers displayed in such emails. We may also collect information on whether you opened such emails and which links in their text you followed.

The legal basis for processing your Usage Information customise the email offers and for processing information on whether you opened such email offers and which links in their text you followed is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in processing your Usage Information for customised email offers as it avoids that you receive email offers that are not relevant for you. Collecting information on whether you opened such email offers and which links you followed helps us to understand which email offers and links are of increased relevance for you and to optimize any future email offers for your benefit.

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

If you – as the holder of parental responsibility – have registered a Nintendo Network ID on behalf of your child below the age of 16 years, your child will not receive any email offers and the information of your child will not be collected and processed for purposes of customised offers, irrespective of any choices made in the Nintendo Network ID settings.

5 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).

6 Who Has Access to Information

6.1 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 Nintendo Network 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 9 of this Privacy Policy.

6.2 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 Nintendo Network 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 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).

6.3 We may also share your information (including your IP address) with our third party content delivery network providers that provide content delivery network services in connection with the Nintendo Network. Our content delivery network providers enable faster video streaming and support the delivery of content you have requested, e.g. when using Nintendo Shopping Services, by using a system of distributed servers that deliver the content to you, based on your geographic location. A list of the third party content delivery network providers is available at support.nintendo.com. The legal basis for sharing your information with our third party content delivery network providers is Art. 6 para. 1 (f) GDPR. We have a legitimate interest in sharing your information to enable faster delivery and to optimize transportation of the content you have requested, in particular to provide requested content in a high-quality manner which is to the benefit of our users. 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 9 of this Privacy Policy.

6.4 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 Nintendo Network. 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.

7 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 terminate your Nintendo Network ID by deleting your Nintendo Network ID in the 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 retain certain transactional data from Nintendo Shopping Services you used under statutory commercial and tax law for a period of up to ten (10) years.
• If you withdraw your consent on which a processing of your personal data or of the personal data of your child under the age of 16 year is based, we will delete your personal data respectively the personal data of your child 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.

8 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 9 of this Privacy Policy. You can also access the information you provided in the settings of your Nintendo Network ID.
• 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 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 9 of this Privacy Policy. You can also change the information you 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 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 9 of this Privacy Policy. You can also delete your information at any time by deleting your Nintendo Network ID in the account settings. The deletion of your Nintendo Network ID will lead to a termination of the Nintendo Network Agreement and prevent you from using Nintendo Network.
• Right to withdraw your consent: If you have given your consent to the processing of your personal data or of the personal data of your child below the age of 16 years, 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 9 of this Privacy Policy or you may use the withdrawal mechanism provided within the respective service of Nintendo Network.
• 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 9 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.

9 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.