Digams Privacy Notice

Last updated: May 15, 2018

Digams knows that privacy is important to you. This Privacy Notice describes how Digams Corp. (“Digams“, “we“, “us” or “our“), with registered offices at Puerto Rico USA, collects, uses, discloses, stores, process and protects your information when you visit our website at http://dcid.digams.com https://cloud.digams.com or use any of the services available through it (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 DIGAMS 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;
  • Uage 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.

2.  COOKIES & LOG FILES

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.

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. 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.

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, the legal basis for the processing pursuant to this Section 3 (a) is Art. 6 para. 1 (b) General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 – “GDPR”).

(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, the legal basis for the processing pursuant to this Section 3 (b) 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 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, 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 representative as provided for in Section 9 (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, the legal basis for the processing pursuant to this Section 3 (c) is Art. 6 para. 1 (f) GDPR. 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, 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 representative as provided for in Section 9 (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, the legal basis for the processing pursuant to this Section 3 (d) is Art. 6 para. 1 (f) GDPR. The legitimate interest we pursue is the protection of our systems.

If you are located in a country of the European Union, 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 representative as provided for in Section 9 (b) below.

4.  DISCLOSURE OF INFORMATION

Digams Partners. At times we may make certain information that we collect available to our partners companies as follows:

We may share information with other Nintendo affiliated companies (including Nintendo of Europe GmbH, Nintendo of America Inc., Nintendo Australia Pty Limited and Nintendo of Korea 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, the legal basis for sharing your information with our affiliated companies is Art. 6 para. 1 (f) GDPR. 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 Union respectively the European Economic Area, 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 Digams and its affiliated company.

If you are located in a country of the European Union, 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 representative as provided for in Section 9 (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 Digams, our users, or the public. Your information may also be disclosed as part of any sale or transfer of company assets, if legally permitted.

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, 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 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 Digams and the third party data processor.

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

5.  SECURITY

Digams 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.

6.  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.

7.  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 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 and if you exercise a right to object to the processing, we will suspend the processing for the purpose to which you objected, 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

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.

To exercise any of the aforementioned rights you may at any time contact our European representative as provided in Section 9 (b) below.

You also have the right to lodge a complaint with a data protection supervisory authority located in the European Union.

9.  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:

(b) If you want to exercise any of your rights under GDPR, please contact:

10.  Digams Corp’s Data Protection Officer as per European regulation: