Privacy Policy for Nintendo Sound Clock: Alarmo
Version 10.2024 (EN-EU)
This Privacy Policy covers the use of Nintendo Sound Clock: Alarmo (“Alarmo”). Alarmo is operated by:
Nintendo Co., Ltd. (11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan, email: privacyinquiry.ncl@nintendo.de) ("Nintendo").
This Alarmo Privacy Policy (the "Privacy Policy") provides information relating to the collection, processing, use and privacy of information whenever you use Alarmo as a 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”).
If you are a UK resident using Alarmo, references to “GDPR” should be read as references to the UK General Data Protection Regulation (“UK GDPR”).
1. Data Processing
Nintendo respects the privacy rights of its Alarmo users and recognises the importance of protecting their personal data. When you use features of Alarmo that require an online connection, certain information can be transmitted to Nintendo's servers:
1.1 Whenever your Alarmo establishes a connection with the internet, Nintendo receives the following information from your Alarmo: IP address, client certificate (such as the device serial number of your Alarmo as well as other security-related information from your device) and the time of access. Nintendo uses this information in order to set up the connection of your Alarmo device with Nintendo servers and to enable you to use Alarmo and its features. If you are located in a country of the European Union or in the UK, the legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
1.2 Nintendo collects and processes your access logs as well as the firmware version of your Alarmo device in order to provide you with firmware updates. Gaining access to the firmware version of your Alarmo device is necessary in order to check for necessary firmware updates. Such firmware updates provide you with bug fixes and security updates. If you are located in a country of the European Union or in the UK, the legal basis is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
1.3 When you access this Privacy Policy via Nintendo’s dedicated webpages (i.e. through the QR Code or the URL displayed on your Alarmo), certain information is transmitted to Nintendo’s servers by the internet browser of your device, including device model, operating system, Internet Service Provider (ISP), IP address, setting information of the connecting device and other relevant security- related information from the device such as serial number assigned to the device. Nintendo uses this information in order to set up the connection of your device with Nintendo servers and to enable you to access the relevant webpage/Privacy Policy. If you are located in a country of the European Union or in the UK, the legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
1.4 Above mentioned data will not be used for any other purpose, esp. not for marketing or analytic purposes.
1.5 For some features of Alarmo (e.g. additional alarm themes) it is required to link your Alarmo with your Nintendo Account. If you link your Alarmo with your Nintendo Account, Nintendo will process your Nintendo Account ID and link it to the serial number of your Alarmo.
The type of data processed may vary depending on whether you use your Alarmo with or without linkage to your Nintendo Account. If you link your Alarmo to your Nintendo Account, please also refer to the Nintendo Account Privacy Policy, which can be found here: https://accounts.nintendo.com/term_chooser/privacy_policy.
Please note: Alarmo may track information on your sleep behaviour (such as the time you fell asleep, the time you woke up, the duration of sleep you had, the time when an alarm was triggered and the alarm theme you used). This data will only be used locally on your Alarmo device. Nintendo will not acquire, store or process any of such information. Alarmo does not store any movement data of its users.
2. User Communications
When you send an email or other communication to Nintendo, Nintendo uses those communications in order to process your inquiries and respond to your requests.
If you are located in a country of the European Union or in the UK, the legal basis for this processing is the provision of the service you have requested (Art. 6 para. 1 (b) GDPR).
3. 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 affiliate, Nintendo of Europe SE and its branches in France, the Netherlands, Belgium, Italy, Germany, Austria, Switzerland, Portugal, Spain and the United Kingdom.
Nintendo Australia Pty Limited, located in Australia. The level of data protection provided under Australian law is lower than the level provided in the European Community. If Nintendo shares your information 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 Australia Pty Limited.
If you are located within the European Union or in the UK, the legal basis for Nintendo sharing your information with other entities of the Nintendo group is Art. 6 para. 1 (f) GDPR. Nintendo has a legitimate interest in sharing your information for internal administrative purposes, in particular to offer the Alarmo services and to deal with any inquiries in an efficient and high-quality manner.
If you are located within the European Union or in the UK, 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 Nintendo as provided in Section 6 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 or other entities of the Nintendo group to provide services in connection with the use of Alarmo and its features. Where such third-party processors or other entities of the Nintendo group are located outside the European Union respectively the European Economic Area, such third-party processors or other entities of the Nintendo group 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 respectively between Nintendo and the other Nintendo group entity.
4. Storage Time
Nintendo 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 exercise a right to object to the processing of your personal data, Nintendo will delete your personal data that Nintendo 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.
5. Your rights under GDPR
If you are located in a country of the European Union or in the UK, you may in particular, without limitation, have the following rights under applicable European data protection law:
Right of access: You have the right to obtain confirmation from Nintendo as to whether or not Nintendo processes personal data from you and you also have the right to at any time obtain access to our personal data stored by Nintendo. To exercise this right you may at any time contact Nintendo as provided in Section 6 of this Privacy Policy.
Right to rectification of your personal data: If Nintendo processes your personal data, Nintendo shall endeavour to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which Nintendo collected your personal data. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such data. To exercise this right you may at any time contact Nintendo as provided in Section 6 of this Privacy Policy.
Right to erasure of your personal data or right to restriction of processing: You may have the right to obtain the erasure of your personal data or the restriction of processing of your personal data. To exercise this right you may at any time contact Nintendo as provided in Section 6 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 Nintendo, 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 6 of this Privacy Policy.
Right to object: You 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.
6. Contact and Data Protection Officer
Nintendo’s Data Protection Officer:
Nintendo Co., Ltd., 11-1, Attn.: Data Protection Officer, Hokotate-cho, Kamitoba, Minami-ku, Kyoto, 601-8501, Japan, dataprotectionofficer@nintendo.co.jp.
Nintendo’s European Representative and Contact:
If you are located in a country of the European Union or in the UK and 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 SE, Attn.: Legal Department, Goldsteinstrasse 235, 60528 Frankfurt am Main, Germany, or via the contact form available at [www.nintendo.com/eu/contact] (https://www.nintendo.com/eu/contact).
Nintendo’s Australian Representative and Contact:
If you are located in Australia or New Zealand and if you have any questions about this Privacy Policy or Nintendo’s collection, use and disclosure of your personal information, or if you want to exercise any of your rights under the Privacy Act, please contact: Nintendo Australia Pty Limited, Attn.: Privacy Officer, 804 Stud Road, Scoresby, Victoria, 3179, or via email at nintendoaustraliaprivacy@nal.nintendo.com.au.