1. biggyd

    OP biggyd Member
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    So the Serial & Console MAC. That string is 'data'. When you buy a switch, do you buy this? or Is that 'data' owned by Nintendo?

    Asking because of with GDPR, your personal data is indeed what counts, but not limited to:

    • Names
    • Location data
    • Online identifiers
     
    Last edited by biggyd, Aug 27, 2018
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  2. c80

    c80 Banned
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    Neither the Serial nor the MAC is PERSONAL data. This data is used to identifiy the console, not you.
     
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  3. Kukielka

    Kukielka GBAtemp Regular
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    This is NOT personal information.

    Examples of Personal Information:
    • IP
    • Name
    • Address
    • Phone Number
    • Religion
    • stuff like that
    Do you get what we are saying?
     
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  4. biggyd

    OP biggyd Member
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    And with that, it also has the IP and likely the eshop login & data attached. Right? (in the case someone is logged in)
     
  5. c80

    c80 Banned
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    No, that would be illegal
     
  6. biggyd

    OP biggyd Member
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    https://gdpr-info.eu/recitals/no-30/

    So, with GDPR, you are allowed to 'request' your info. Then you are able to see if they indeed save the MAC & Serial in your 'profile'.
     
    Last edited by biggyd, Aug 27, 2018
  7. Kukielka

    Kukielka GBAtemp Regular
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    Congrats, the delete the IP, you are no longer IP banned (Which usually changes daily anyways)

    Now you're still Cert banned. Good job on that.

    — Posts automatically merged - Please don't double post! —

    EXACTLY. You are even pointing the right things out!
    GDPR = Restricts data that can Identify you as a person.
    Your Console is NOT a person.
     
  8. Athlon-pv

    Athlon-pv GBAtemp Advanced Fan
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    Terms of Service on its own is not a legally binding contract in any way shape or form. If any of the Term of Service is not upholding local laws or other (state,national, federal) laws all of it is null and void.
    Companies can derive their actions complied with TOS but as soon as it is in the courts and the TOS is not in compliance with the law the case will be lost.
     
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  9. wurstpistole

    wurstpistole GBAtemp MVP
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    But those updates can still be acquired with a borrowed cert and CDNSP on PC. Basically everything can, including game updates and DLC, unless they shut that down like they recently did with freeshop.
     
  10. Revard

    Revard Member
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    In their database nintendo should have a list with all banned serials/accounts and this list should be linked (maybe over several tables) to your personal data.
    GDPR protects only personal data, which means that nintendo only deletes "personal" info, but they don't touch a single entry in the banned serials/accounts list.
     
  11. LucaFraga

    LucaFraga Advanced Member
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    While Serial ID and MAC Address are not strictly personal data, they are means that can directly link a person to a specific console and thus its activity.

    Surely they won't unban people just like sending a mail like that, but it's worth trying, especially if we get enough people to mail it to them. It doesn't cost us anything, so why not?
     
  12. biggyd

    OP biggyd Member
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    Well, again, I disagree. But feel free to tell everyone to sit down, do nothing. I would suggest It is 'worth' a shot. If people want to 'waste' (according to your words) their time on requesting their information, seeing what they have and trying something to get off that list.

    Because my opinion is that you own that Hardware and games you bought, and you should be able to update it. If we all are going to sit like lazy ducks and say 'well then you should not have ...' then we should not even be on these forums and drooling in a bucket. Figure of speech.

    if you have a better idea, instead of doing nothing, I am all ears.
     
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  13. c80

    c80 Banned
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    Please explain how the Serial and MAC can identify a person. How can Nintendo tell if it is me or my brother playing with my switch?

    — Posts automatically merged - Please don't double post! —

    This is only because you don't understand the GDPR. Anyone who des knows that this won't work.
     
  14. Dan-the-Rebirth

    Dan-the-Rebirth GBAtemp Advanced Fan
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    Did anyone request his data yet? What did you get?
     
  15. LucaFraga

    LucaFraga Advanced Member
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    Nintendo Accounts / Local User Accounts linked to that specific device...

    I know you can use fake/shared ones but the principle still stands.
     
  16. PewnyPL

    PewnyPL GBAtemp Advanced Fan
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    Even if we go as far saying that yes, console info is personal data since you own the console, as well as its cert, they could go EVEN further to mess you up.
    They could delete the ban info, sure. But what's stopping them from deleting the certificate from the server? That way, if you connect with your unbanned certificate, you will get an error because the cert doesn't exist in their system at all. And you won't be able to complain, after all, you asked them to delete under GDPR ALL data about the console.
     
  17. biggyd

    OP biggyd Member
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    If your creditcard is attached to the account that is playing it is you. This would be the same with all companies, by saying "yo do not know who was logged in my facebook account"

    — Posts automatically merged - Please don't double post! —

    Then you buy a game cart with a game that has a flaw in 1.0.0, and needs an update. Then they are selling you something that does not work. Fraud from their side.
     
  18. Revard

    Revard Member
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    Many TOS have a clause in it which states that it not void the whole TOS but only the part which is against the law.
     
  19. c80

    c80 Banned
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    No. You can have your account linked to more than one device and more than one person could use the device. The Serial and MAC is no way to identify a person
     
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  20. Kukielka

    Kukielka GBAtemp Regular
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    Here are a couple of ideas:
    1. Don't break the TOS if you don't wanna get banned.
    2. Wait until Hombrewers figured out how to avoid bans.
    3. Backup your switch with a clean Nand, restore it when you are done doing shit.
     
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