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Last Updated: March 25, 2009
ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY
Before allowing your children to use the Wii Network Service, we strongly recommend you educate them on the importance of not sharing personal information about themselves with strangers. In particular, we recommend you tell your children not to use personal information for any nicknames on games, user names, names for Miis or any other applications that use the Wii Network Service. You should also keep in mind that certain Wii games use the Wii Network Service to create the opportunity for users to communicate in-game.
We strongly recommend you assist your children with the setup of the Wii Network Service, and that you supervise your children's use of the Wii Network Service at all times. You can restrict use of certain aspects of the Wii Network Services by setting up the Wii Console's parental controls function. You may also disconnect your Wii Console from the Wii Network Service, as explained in your Wii Operations Manual.
Personal Information is information that may be directly linked to you such as your name, address, telephone number, or name based e-mail address (for example, MyWii@Nintendo.com). We may ask you to provide us with certain Personal Information when you register your Wii Console on the Wii Network Service, download games or contact us with questions or comments. In addition to the Personal Information you provide to us, we may anonymously collect information from you such as your age, gender, geographic area, Wii Console identifier and Wii message address, without linking your Personal Information to this anonymous information. We will not link your Personal Information with any anonymous information we collect from you unless (1) you authorize us to do so; (2) you choose to link your Wii Shop Account to your Club Nintendo account; or (3) we notify you first. In order to provide you with more customized services, we may also receive and record information on our server logs from the Wii Network Service, including but not limited to your internet protocol (IP) address, cookies, transactions, settings and download activity. If you provide sensitive information when communicating with third parties via the Wii Network Service, Nintendo does not receive or collect that information. Your Wii Console may store that sensitive information for your convenience.
HOW SUCH INFORMATION IS USED
We may request either personal or anonymous information from you for several purposes including to: (i) complete your Wii Network Service registration; (ii) customize your Wii Shop catalog and other catalogs; (iii) communicate with you regarding games, contests, sweepstakes, surveys, product changes, system issues and more; (iv) allow you to participate in the Wii messaging service, message boards and other Wii online services; (v) process orders you have placed through the Wii channels; and (vi) set up repair orders. Some of the types of information collected and the way the information is handled are detailed by category below.
Surveys: We may conduct surveys of Wii Console users. The information we collect from you in a survey will be demographic or opinion information and will not be tied to your Personal Information unless we notify you otherwise. The results of aggregate data collected from surveys, but not Personal Information, may be disclosed to the public.
Contests and Sweepstakes: We may host various contests and sweepstakes. To enter you may be required to submit certain Personal Information about yourself. For more information about Nintendo contests or sweepstakes, please see the official rules of the contest or sweepstakes you are entering.
Nintendo Channel: You may choose to share certain anonymous information with us through the Nintendo Channel, which we may use to make certain recommendations to you or to develop new games and services. The Nintendo Channel does not collect Personal Information. Your use of the Nintendo Channel is anonymous and will remain so unless you choose to link your Wii Shop Account to your Club Nintendo account. For more information, please select the "How Your Information Is Used" menu in the Settings section of the Nintendo Channel or visit http://support.nintendo.com.
Wii Shop Account: If you pay for items through the Wii Shop with your credit card, you need to provide a valid credit card number, expiration date, credit card security code and your city, state/county/province and zip code/postal code. We do not ask for your name or your complete address unless you order items that we must ship to you, rather than deliver via a download. You must be over the age of 18 to enter into the Wii Network Service User Agreement, and to place orders online. Any credit card information you submit through the Wii Shop will be transmitted in an encrypted manner. All such encrypted information will be maintained and processed by Nintendo and its trusted third party credit card processor on secure computers that are not accessible from the Internet. This encrypted information is subject to the section below entitled "Security."
Wii Message Service: When you connect to the Wii Network Service, we provide you an automatically generated Wii message address. Your Wii message address is anonymous and will remain so unless you choose to (a) share it with other people in order to send Wii messages; (b) share it with other people in order for them to add your Wii Console to their in-game friend list; or (c) link your Wii Shop Account to your Club Nintendo account. You have the ability to choose through our parental controls function whether to allow use of the Wii message service on your Wii Console. If you choose not to use the Wii message service, you will not receive emails from third parties. You also can choose not to receive certain messages from Nintendo by selecting the "opt-out" option on Wii channels or by using the opt-out option included in commercial messages sent by Nintendo to your Wii message address. However, you may still receive messages on your Wii Message Board that originate from members of your household as well as messages from us related to transactions or services you have specifically requested; in response to any email from you to us; to notify you of updates or changes to our policies and procedures; or to otherwise provide you with information important to all Wii users.
IP Addresses: Your Wii Console is automatically assigned an IP address by your Internet Service Provider when you connect to the Wii Network Service. The Wii Network Service automatically creates log files of user activities on the Wii Network and may also record the IP address of users. In general, we only use log files to monitor traffic on our Web sites and to troubleshoot technical problems. In the event you do not comply with our Wii Code of Conduct when using the Wii Network Service, however, we may block your IP address. We do not link IP addresses to Personal Information unless we notify you or unless necessary to enforce our Wii Code of Conduct or respond to legal process.
Web Beacons: The Wii Network Service uses common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs"), which are small graphic images placed on a Web page, Web-based document, or in an e-mail message, designed to collect certain information and monitor user activity online. Web beacons are invisible to you because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. We may use Web beacons to collect non-personal information such as the Wii Console IP address, the URL of the page the Web user comes from, and the time the Web beacon is activated (such as when you view the Web page, advertisement, or e-mail containing the Web beacon). We do not use Web beacons to collect Personal Information.
DISCLOSURE OF INFORMATION
We do not sell or rent any of our customers' Personal Information to third parties. We may, however, share personal or anonymous information with our vendors to help us perform various functions necessary to operate our business (for example, completing downloads or purchases made through the Wii Shop, developing and executing marketing campaigns, etc.) and with our affiliated companies. We may disclose Personal Information in order to comply with legal process, respond to claims or inquiries, or protect the rights, property or personal safety of Nintendo, our customers or the public. In addition, information about our customers, including Personal Information, may be disclosed as part of any merger, sale, transfer of company assets, or acquisition, if permitted by and done in accordance with applicable laws.
You may link your Wii Shop Account to your Club Nintendo account in order to receive personalized content and participate in a variety of activities, promotions and programs. If you would like to link your accounts, you may do so when you register your Wii Console on the Wii Shop. Once you have linked your Club Nintendo account to your Wii Shop Account, any personally identifiable information you enter on your Club Nintendo account will be linked to your Wii Shop Account. Please note that if you opt-in to receive messages from us in your Club Nintendo account, we may send messages to your Wii message address or other messaging devices you designate such as your mobile phone.
Wii CHANNELS AND GAMES
Certain Wii games and Wii channels give you the opportunity to nickname your Miis, create a user id and interact with other Wii users. We strongly encourage you not to use your own name for any Miis or any user ids you may create. In addition, we strongly encourage you not to share Personal Information about yourself and not to allow your children to share Personal Information about themselves with other Wii users.
For certain Wii Content, including some Wii games and Wii channels, your Wii Friends may have access to information such as whether you have downloaded or are using a particular Wii game or Wii channel.
INFORMATION STORED ON YOUR Wii REMOTE AND Wii CONSOLE
Certain sensitive or Personal Information about you may be stored on your Wii Console. For your protection, before selling or otherwise transferring your Wii Console, please be sure to clean and securely remove all Personal Information, Wii messages, any pictures or messages on the message board, and all other stored sensitive information on the Wii Network Service, your Wii Console, Wii Remote and/or Wii accessories. For instructions on formatting your Wii Console and clearing your Wii Shop Account activity, please review the Wii Operations Manual: Channels and Settings.
Your Wii Console may allow certain sensitive or Personal Information to be stored on the Wii Remote as well. Accordingly, by using your Wii Remote on a Wii Console other than your own, it is possible that certain sensitive or Personal Information about you could be shared with the other Wii Console.
UPDATES AND UPGRADES
We may without notifying you, download updates, patches, upgrades and similar software to your Wii Console and may disable unauthorized or illegal software placed on your Wii Console to ensure that your Wii Console is operating properly and efficiently, comply with applicable laws, assist law enforcement, protect us and our customers, or prevent the use and distribution of software obtained through improper channels.
We have established reasonable safeguards to secure Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information collected and transferred through your Wii Network Service. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. While we strive to safeguard your Personal Information, no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Please note that information collected from and provided by you to other persons or entities may not have the same security protections as information you submit to us, and you are responsible for protecting the security of any such information.
OPTING OUT AND UPDATING YOUR INFORMATION
In order to completely opt-out from the collection of any information about you relating to the Wii Network Service, both anonymous and personal, you must disable your Wii Network Service. If you have linked your Club Nintendo account to your Wii Shop Account, Nintendo Channel or Wii message address (collectively, "Features"), you must unlink those Features from your Club Nintendo account in order to stop the collection of information about you. You may do so in the Settings section of the Wii Shop.
CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
Nintendo is a licensee of the Entertainment Software Rating Board's Privacy Online Program. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at http://www.esrb.org/privacy_wc_hotline.asp. ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017 (212) 759-0700 or email@example.com.
Nintendo Privacy Notice
Last Updated: December 9, 2013
Nintendo knows that privacy is important to you. This Privacy Notice describes our collection, use, disclosure, storage and protection of your information. By using a Nintendo product or service, you are consenting to the practices described in this Privacy Notice.
- YOUR INFORMATION
Information you provide to us. We collect information that you provide to us when you use our products and services or anytime you are in contact with us.
Some types of information you may provide include:
- Registration information that you may be required to provide when you sign up to use our services, including your name, address, telephone number, and email address;
- Login information that you use to sign in to our services, such as your username and password;
- Demographic information about you, including your age, gender, hobbies, interests, and country of residence;
- Payment information that you submit, including your credit card number, expiration date, and credit card security code, where needed to complete a transaction you have initiated;
- Messages, photos, videos, drawings, audio recordings and other information shared by you through the interactive features of our products and services;
- Correspondence you send directly to us; and
- Information you provide to us offline (through, for example, regular mail, in-person sweepstakes entry forms, and consumer service transactions such as repairs, part orders and direct purchases).
Information we collect automatically. We may collect some information automatically when you use our products and services.
Some types of information we may collect automatically include:
- Information about your use of our products and services, including your browser type, operating system, platform, IP address, MAC address, cookies, language and region;
- Information about websites you visited before and after visiting our websites, search queries that landed you on our websites, search queries you conducted on our websites, and pages and advertisements you viewed and links you clicked on while using our websites;
- Information about your Nintendo device including device serial number, device ID and friend codes; and
- Information about your game play, online status, wireless access point, and other information about your interactions with our products and services.
Information we receive from other sources. We may receive information about you from other sources, including through third-party services and retailers.
Some examples of information we may receive from other sources include:
- Navigation data, including websites visited and advertisements viewed or clicked;
- Information about consumer service transactions; and
- Date of purchase information.
Please note that we may add information we receive from other sources to the information we already have about you. We also may combine your information with information about other users, including game play, demographic, search term, clickstream and purchase information, and use this combined information in an aggregated format.
- COOKIES, WEB BEACONS, LOG FILES AND THIRD PARTY PARTNERS
In order to collect some of the information described above, we may use Web beacons, cookies, log files, and similar technologies in some of our products and services, including our emails.
- Web Beacons: We may use Web beacons (also referred to as pixel trackers or clear GIFs), which are small graphic images placed on a webpage, on a web-based document, or in an email message. Web beacons are designed to collect certain user information and monitor certain user activity. Information collected by Web beacons might include your IP address, MAC address, the URL of the page you came from, or your interactions with our website or an email message we send to you. We may use the information collected through Web beacons, for example, to determine how to improve certain products and services by identifying popular webpages, services, features, and products; to personalize our products and services; to make recommendations for products and services; and to complete transactions you have requested.
- Log Files: We maintain log files which record activity related to the use of our products and services, such as the number of hits a particular webpage has received, the type and quality of a user’s Internet connection, the type of hardware and/or software used to access a particular service, which features of a service are used and their frequency of use. The entries within these log files may include, for example, your IP addresses, MAC addresses, cookie information, device ID, transactional data, device settings, and download activity. We may use these log files, for example, to monitor traffic on our website, to facilitate use of certain services and to troubleshoot technical problems.
- Third Party Partners: We also may permit our third party partners to set cookies and Web beacons on our websites, or within emails sent on our behalf, to help us perform various internal functions necessary to operate our business. These third parties may use these cookies and Web beacons to collect information about your visit to our website and may use that information during, or after, your visits to our website to provide you advertisements about goods and services that may be of greater interest to you. These third parties may offer you a way to opt-out of this type ad targeting. To learn more, you can visit www.networkadvertising.org and www.aboutads.info.
- USE OF INFORMATION
We may use your information in order for us, our affiliated companies, or our third party partners, to: (i) fulfill your requests for products, services, and information, including to send you commercial and non-commercial messages and to process orders you have placed; (ii) contact you in connection with our products and services, including for marketing and promotional purposes; (iii) facilitate your use of our products and services; (iv) enable your participation in online games, contests, sweepstakes, surveys, public forums, and other features offered through our products and services; (v) make recommendations and customize the content, features, and advertising available through our products and services; (vi) set up repair orders and respond to consumer service inquiries; (vii) provide back-end services, including system updates, system messages; (viii) provide free games, applications, trials, and other content; (ix) analyze and facilitate the use of our products and services; (x) facilitate demographic studies; (xi) understand, improve, and develop our products and services; (xii) prevent potentially illegal or offensive activities; (xiii) enforce our rights or the rights of our users; (xiv) verify your identity and prevent fraudulent transactions; and (xv) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
- DISCLOSURE OF INFORMATION
At times we may make certain information that we collect available to our affiliated companies, to our third party partners, to other Nintendo users, and for other legal and business purposes. For example:
- Nintendo Affiliates. We may share information with other Nintendo affiliated companies that use it consistent with this Privacy Notice.
- Third Parties. We may share information with our third party partners to help us perform various functions necessary to operate our business or fulfill your requests (for example, completing downloads or purchases, developing and executing marketing campaigns). We also may share such information to, for example, complete your transactions, provide you with advertising and other promotional materials, and assist in the creation of user accounts with such third parties.
- Other Users. We may share information, including, for example, your Mii name, Mii profile information, online status, Mii greeting, and other game play information, with other Nintendo users when you use the online features of our products and services.
- Friends. Some of our products and services allow you to add friends to a friend list. Through the friend list and friend messaging features, certain information that you have provided, or that is stored on your Nintendo device, including your Mii name, Mii profile information, Mii greeting, online status, rankings, and other user or game play information, may be shared with your friends.
- Local Communications. Some Nintendo devices have local communication features that can be activated by you. These features allow some of your information to be collected and shared, automatically, with us and with other Nintendo users. These features also allow us, and other Nintendo users, to automatically contact and interact with you. When these features are enabled by you, you may receive information about, and communications from, other Nintendo users, and you may also receive advertising and promotional materials from Nintendo and its third party partners. You may disable these local communication features at any time through the system settings on your Nintendo device.
- 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.
You are responsible for any information that you share with others through use of our products and services. Please be aware that other users may be able to store, modify, or share with third parties, information that you provide to them.
- LINKING ACCOUNTS
We may offer you an account for one or more of our loyalty programs, including Club Nintendo, so that you have the opportunity to receive personalized content and participate in a variety of activities, promotions and programs. Within certain parameters, you may be able to link your Nintendo device or network account to your loyalty account. In such circumstances, we will use your information to, for example, automatically register your purchases in your loyalty account so that you have the opportunity to receive rewards and promotions. You may unlink these accounts in the settings section of the Nintendo eShop.
You may disclose your information to third parties when you use our products and services in order to play third-party games, use third-party applications or plugins, view third-party advertisements, or visit third-party websites. We are not responsible for the privacy practices of these third parties, and we recommend that you review their privacy policies before submitting any information.
- ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN’S PRIVACY
In accordance with applicable law, we obtain consent from parents for the collection of personal information from their children. You can find information about how we collect, use, and disclose personal information from our users, including children under the age of 13, in the sections above titled YOUR INFORMATION, USE OF INFORMATION, DISCLOSURE OF INFORMATION.
You may review, and have deleted, the personal information we have collected from your child, and you may refuse to permit our further collection or use of your child’s personal information, by contacting a Nintendo Privacy Administrator via email at firstname.lastname@example.org, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Nintendo Privacy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. Before responding to your request to review personal information collected from your child, we may require that you follow reasonable procedures to help verify your identity as the child’s parent or legal guardian. We may deny any request that fails to follow these procedures. If you choose to have your child’s personal information deleted, or refuse to permit further collection or use of your child’s personal information, certain features of our products and services may be limited or unavailable.
Please note that third-party game publishers, application providers, and content providers may collect, use, and disclose your child’s personal information through our products and services when your child uses third-party’s services or content. Nintendo is not responsible for the privacy practices of these third parties, and we recommend that you review their privacy notices before your child provides or exchanges any personal information through third-party services or content.
We strongly recommend that you supervise your child’s use of our products and services at all times. You can restrict your children’s use of certain features of our products and services by setting up the parental controls on your Nintendo device. For a detailed description of these parental control features, please see the user manual for your Nintendo device.
Nintendo uses reasonable measures, and has established reasonable safeguards, to help 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.
Please note that information collected by third parties may not have the same security protections as information you submit to us or that we collect, and we are not responsible for protecting the security of such information.
If you install unauthorized applications or content on, or make unauthorized modifications to, your Nintendo device or its software, your information may be compromised. Nintendo is not responsible for any collection, use or disclosure of information from any Nintendo device that has unauthorized modifications or contains unauthorized software or content.
You may use a Nintendo device without providing us your information; however, some features and applications may not be available to you. You can opt-out of the collection of certain information by not using our services. You also may be able to opt-out of certain types of information collection through your Nintendo device settings, parental controls or other opt-out mechanisms we make available to you. You may opt out of receiving commercial email messages from Nintendo by following the instructions contained in any such email message.
- REMOVING INFORMATION STORED ON YOUR NINTENDO DEVICE
Certain information about you may be stored on your Nintendo device. For your protection, before selling, transferring, or otherwise disposing of your Nintendo device, please remove all stored information, including information stored on any of the device’s accessories. For instructions on how to remove stored information from your Nintendo device, please see the user manual or visit support.nintendo.com.
If you transfer data from one Nintendo device to another, using any of our system transfer tools or features, any information about you, that is stored on that device, will be transferred as part of the process.
- INTERNATIONAL USERS
Any information you provide, or that is collected through use of our products and services, may be stored, processed, and transferred within, or to, the United States, or any other country in which we or our affiliated companies or third party partners maintain facilities. As a result, it is possible that your information could be accessed by foreign governmental authorities, or otherwise, in accordance with applicable local laws. By using our US based website, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. We abide by the safe harbor framework, as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of data from the European Union. For more information about the Safe Harbor and to view our certification, visit the U.S. Department of Commerce's Safe Harbor website.
- 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. Updates will be posted at support.nintendo.com. We recommend that you review this Privacy Notice each time you use our products or services to help you stay informed of our privacy practices.
- ESRB CERTIFICATION
This Privacy Notice and the certification seal located on our website confirms that we are a valid licensee, and participating member, of the Entertainment Software Rating Board’s Privacy Online Program: ESRB Privacy Online. To help protect your privacy, we have voluntarily undertaken this privacy initiative. As a licensee in this privacy certification program, we are subject to frequent audits of our websites and other enforcement and accountability mechanisms administered independently by the ESRB. All of our websites containing the ESRB certification seal have been reviewed, and certified, by ESRB to meet established online information collection and use practices.
- CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS
If you have any questions, complaints or comments regarding this Privacy Notice, or any of our privacy practices, please contact a Nintendo Privacy Administrator via email at email@example.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.