Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect.

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Last Updated: March 25, 2009

Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. Our Wii Network Service Privacy Policy (Wii Privacy Policy) is intended to provide you with an understanding of information that is submitted and collected through the Wii Network Service. We may revise and update this Wii Privacy Policy from time to time. Please review the most recent version posted on http://support.nintendo.com often to ensure you are aware of any changes, or contact our customer-service department at (888) 977-7627 for the most current version. This Wii Privacy Policy only applies to information submitted or collected through the Wii Network Service. Information you may submit through any of Nintendo's web sites is subject to the privacy policy posted on those sites.

Please read this Wii Privacy Policy, which applies to use of the Wii Network Service by you and any other person using your Wii Console. Capitalized terms in this Privacy Policy have the meaning assigned to them in the Wii End User License Agreement unless defined otherwise herein.

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.

INFORMATION COLLECTED

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.

Cookies: The Wii Network Service may use cookies, which are small text files that a Web site places on your Wii Console. These files identify your Wii Console and record data about your visit so that when you return to the site, the site recognizes your Wii Console and can personalize your visit. Cookies may be linked to your transaction history, game play or other information gathered through the Wii Network Service. We may use information collected by cookies, as well as other tools such as log files or Web beacons, for determining how to improve the Wii Network Service by seeing which areas, features, and products are most popular; personalizing the services and making recommendations based on downloaded products; and completing transactions you have requested. In the event you visit a third party's website through the Internet browser option offered on the Wii Network Service, or we employ a third party advertising company to display ads on the Wii Network Service, those websites or ads may also contain cookies. Any information gathered through such cookies is collected by the third party, not by us, and we have no access to or control over these cookies or the information contained within them.

Other: In order to constantly improve the products and services we provide and better meet your needs, we may also use your Personal Information as well as anonymous information for our internal marketing, demographic studies, and quality assurance. In some cases, we may add to or update your Personal Information with data collected from other sources (e.g., mail-in registration cards or date of purchase information from retailers). If we combine information collected offline with information collected through the Wii Network Service, the combined information will be treated in accordance with this Wii Privacy Policy.

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.

LINKING ACCOUNTS

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.

SECURITY

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.

INTERNATIONAL USERS

Any information you provide or that is collected through the Wii Network Service may be stored and processed in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, personal information may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored. By using the Wii Network Service, you consent to such storage and processing. 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. However, this Wii Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please go back to the country selection screen and select an appropriate country so that you will be aware of the policies that apply to you.

CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

If you have any questions, complaints or comments regarding this Wii Privacy Policy or our practices, please contact the Nintendo Wii Privacy Policy Administrator via e-mail at privacypolicy@noa.nintendo.com, by phone at (888) 977-7627, or by regular mail at Nintendo, Attn: Online Privacy Policy Administrator, 4820 150th Avenue NE, Redmond, WA 98052.

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 privacyinfo@esrb.org.

Nintendo 3DS System Privacy Policy

Last Updated: November 1, 2011

Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. By accepting the Nintendo 3DS Service User Agreement, you consent to and accept this Nintendo 3DS System Privacy Policy ("Privacy Policy"). This Privacy Policy describes, among other things, the types of information collected about you by Nintendo when you use the Nintendo 3DS System, the Nintendo 3DS Service, Software, and Content; how your information may be used; when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected. This Privacy Policy applies only to information collected from your Nintendo 3DS System by Nintendo of America Inc. or its parent company, Nintendo Co., Ltd. (individually and collectively, "Nintendo"). Information that you may submit to Nintendo through any of its Web sites or any other Nintendo product or service is subject to the applicable privacy policy posted at support.nintendo.com. This Privacy Policy should be read in conjunction with the Nintendo 3DS Service User Agreement and Code of Conduct. All capitalized terms not defined in this Privacy Policy will have the meaning set forth in the Nintendo 3DS Service User Agreement.

CHANGES TO THIS PRIVACY POLICY

We may revise and update this Privacy Policy from time to time. Please review the most recent version of this policy frequently by going to support.nintendo.com or contacting us at 1-888-977-7627 or e-mailing us at privacypolicy@noa.nintendo.com . When we update this Privacy Policy, we will revise the "Last Updated" date above.

INFORMATION COLLECTED

Personally Identifiable Information."Personally Identifiable Information" or "PII" is information that identifies you as an individual, such as your full name, address, telephone number, or email address. We only collect PII that you provide to us. For example, the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content may enable you to provide User Content that may contain PII. If you choose not to provide us with certain PII, you will be able to continue using your Nintendo 3DS System, Nintendo 3DS Service, Software, and Content, except that your use of features or applications that require the disclosure of certain PII may be limited or unavailable.

We may add to or update the PII you provide through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content with data collected from other sources, including offline sources (e.g., consumer service transactions such as repairs, part orders or purchases). If we combine information collected offline with information collected through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content the combined PII will be treated in accordance with this Privacy Policy.

Non-Personally Identifiable Information. In addition to the PII you provide to us, we may collect Non-Personally Identifiable Information from you. "Non-Personally Identifiable Information" or "Non-PII" is information that does not identify you as an individual. This includes information such as your Mii profile information, age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ("IP") address, and Media Access Control ("MAC") address. We may link your PII with Non-PII or Aggregate Information that we collect from you. Some of the ways in which we collect Non-PII are described in more detail below.

• Web Beacons: The Nintendo 3DS System, Nintendo 3DS Service, Software, or Content may use a common Internet technology called "Web Beacons" which are small graphic images placed on a Web page, on a Web-based document, or in an email message, designed to collect certain information and monitor user activity online. We may use Web Beacons to collect information such as IP address, MAC 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 email containing the Web Beacon). We may use the information collected through Web Beacons, for example, to determine how to improve the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content by seeing which areas, features, and products are most popular; to personalize the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content and make recommendations based on downloaded products; and to complete transactions you have requested.
• Cookies: Certain Nintendo 3DS System online applications may use cookies, which are small text files that a Web site places on your Nintendo 3DS System. These files identify your Nintendo 3DS System and record data about your visit so that when you return to a Web site, the site recognizes your Nintendo 3DS System and can personalize your visit. Cookies may be linked to your transaction history, online game play or other information. We may use information collected by cookies, as well as other tools such as log files and Web Beacons, for example, to determine how to improve the Nintendo 3DS System applications by seeing which areas, features, and products are most popular; to personalize the Nintendo 3DS System services; make recommendations based on downloaded products; and to complete transactions you have requested.
• Nintendo Wireless Communications: Your Nintendo 3DS System is automatically assigned an IP address by your Internet Provider when you connect to Nintendo via wireless communications. Nintendo receives a log file of your activities that may include, for example, your IP address, MAC address, cookie information, transaction data, settings and download activity. We may use these log files, for example, to monitor traffic on our Web sites, to facilitate your use of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content, and to troubleshoot technical problems. If you do not want Nintendo to collect this information, you should turn off wireless communications on your Nintendo 3DS System.

Aggregate Information. We also may collect and aggregate certain information about our users’ game play, age, gender, search terms, clickstreams, and purchases for the purposes of advertising and improving the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content. "Aggregate Information" is Non-PII that is combined with the Non-PII of other users.

HOW INFORMATION IS USED

We may collect PII, Non-PII, and Aggregate Information from you through your Nintendo 3DS System in order 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 through your Nintendo 3DS System; (ii) contact you in connection with games, contests, sweepstakes, surveys, promotional materials, and product changes; (iii) facilitate your use of the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content, such as StreetPass Communications and communications with other users; (iv) customize the content, features, and advertising available through the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content such as your Nintendo 3DS Shop catalog and other catalogs; (v) set up repair orders and respond to other consumer service inquiries; (vi) provide you back-end services, such as system updates, system messages, and free games, applications, trials, and content; (vii) analyze the use of the Nintendo 3DS Service, Software, Content, and information about our users for demographic studies, quality assurance and to understand and improve our service offerings; (viii) facilitate demographic studies and quality assurance; (ix) prevent potentially illegal or offensive activities or to enforce our rights or the rights of our users; and (x) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

DISCLOSURE OF INFORMATION

We may facilitate the disclosure of PII, Non-PII and Aggregate Information when you use the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. For example, information such as your Mii name, Mii profile information, online status, Mii greeting, and other User Content or game play information may be displayed to other users when you use the online features of the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content.

• Third Parties. We may share PII, Non-PII, and Aggregate Information with our vendors 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, etc.). We also may share such information and any User Content you create with third parties. We may share your PII, Non-PII, and Aggregate Information with third parties to complete your transactions and provide you with advertising and other promotional materials through your Nintendo 3DS System, Nintendo 3DS Service, Software, or Content.
• StreetPass Communications. Certain Nintendo 3DS Service, Software, and Content allow other Nintendo 3DS System users to automatically contact and interact with you. The StreetPass Communications feature allows PII, Non-PII and User Content that you have provided or that is stored on your Nintendo 3DS System to be shared automatically with other Nintendo 3DS System users via a wireless connection, the Nintendo Zone or a StreetPass Communication Point. You understand that you have no expectation of privacy in the information or User Content shared via StreetPass Communications. When StreetPass Communications are enabled on your Nintendo 3DS System, you may not only receive User Content from other users but advertising or other promotional materials from Nintendo and third parties. You may disable this feature at any time through the Nintendo 3DS System settings.
• Friends. In addition, you may add Friends to your Nintendo 3DS Friend list by exchanging friend codes or friend cards. Through the Nintendo 3DS Friend list and Friend messaging features, certain information that you have provided or that is stored on your Nintendo 3DS System, such as your Mii name, Mii profile information, Mii greeting, online status, rankings, and other User Content or game play information, may be shared with your Nintendo 3DS Friends.
• Legal and Business Purposes. We may disclose PII 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. Information about our users, including PII, may be disclosed as part of any sale or transfer of company assets, if permitted by and done in accordance with applicable laws. We also may disclose your PII for any other purposes pursuant to your consent.

You are responsible for any User Content or PII that you share through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. Please be aware that other Nintendo 3DS System users may be able to store, modify, or share with third parties information that you provide them through your Nintendo 3DS System.

MARKETING AND ADVERTISING

We may collect and use your PII, Non-PII, or Aggregate Information for marketing purposes, including the delivery of advertising and other promotional materials to you through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. For example, we might deliver messages to your Nintendo 3DS System that offer discounts on Nintendo games or products. You may be able to opt-out of receiving these messages through the Nintendo 3DS System settings or as otherwise described to you in the marketing message.

NINTENDO ZONE

We may collect and use your PII and Non-PII to notify you when you are close to a Nintendo Zone. If you choose to access a Nintendo Zone, we may use your PII and Non-PII, for example, to facilitate your access to Software and Content. In addition, third parties may collect PII that you provide to them and Non-PII through the Nintendo Zone.

LINKING ACCOUNTS

You may link your Nintendo 3DS Shop Account to your Club Nintendo account to receive personalized content and to participate in a variety of activities, promotions and programs. By linking your Club Nintendo account to your Nintendo 3DS Shop Account, you consent to having any PII you enter on your Club Nintendo account linked to your Nintendo 3DS Shop Account. You may unlink these accounts in the Settings section of the Nintendo 3DS Shop.

THIRD-PARTY WEB BEACONS AND COOKIES

In the event you visit a third party’s Web site through the Internet browser on the Nintendo 3DS System, or you choose to view an ad delivered by a third party, such as those made available through the Nintendo Zone, those Web sites or ads may also contain tools such as cookies and Web Beacons which may be accessible to such third party to collect information about your online browsing. These third parties also may use ad networks, ad servers, ad exchanges, or other third parties that may collect information when you view or interact with advertisements or Web sites across the Internet in an effort to understand your interests and deliver you advertisements tailored to your interests. Nintendo does not have access to the information these third parties may collect about your interests to deliver relevant advertising to you, and the information practices of these third parties are not covered by this Privacy Policy. We strongly recommend that you refer to the privacy policies of these third parties to learn more about how they may collect, use, and disclose your information.

GAMES, APPLICATIONS, ADVERTISING, AND CONTENT PROVIDED BY THIRD PARTIES

You may disclose PII and Non-PII to third parties when you use the Nintendo 3DS System to play third-party games, use third-party applications, view third-party advertisements, or visit third-party Web sites. 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

Nintendo is committed to protecting your child’s privacy. The Nintendo 3DS System is directed to a general audience, but where Nintendo has actual knowledge that a user is under the age of 13, Nintendo complies with the U.S. Children’s Online Privacy Protection Act ("COPPA"), which governs how operators of websites and online services collect, use, and disclose PII from children under the age of 13 on the Internet.

You can find information about how we collect, use, and disclose PII from users, including children under 13 years of age, in the sections above titled INFORMATION COLLECTED, HOW INFORMATION IS USED, DISCLOSURE OF INFORMATION, MARKETING AND ADVERTISING, and NINTENDO ZONE. You have the option of consenting to Nintendo’s collection and use of your child’s PII without consenting to the disclosure of that information with third parties. In addition, Nintendo is prohibited from conditioning your child’s participation in an activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.

You may review and have deleted your child’s PII, and refuse to permit further collection or use of your child’s PII, by contacting the Nintendo 3DS Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A. Before responding to your request to review PII collected from your child, Nintendo may require that you follow reasonable procedures to help verify your identity as the child’s parent and may deny any request that fails to follow these procedures. If you choose to have your child’s PII deleted or refuse to permit further collection or use of your child’s PII, your child will be able to continue using the Nintendo 3DS System, except your child’s use of certain features of the Nintendo 3DS Service, Software, and Content that require the disclosure of certain PII 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 the Nintendo 3DS System when your child uses the third-party’s Software 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 PII through third-party Software or Content.

We strongly recommend that you supervise your children’s use of the Nintendo 3DS System, Nintendo 3DS Service, Software, and Content at all times. You can restrict your children’s use of certain features of the Nintendo 3DS System by setting up the Nintendo 3DS Parental Controls. For a detailed description of the Nintendo 3DS System wireless communication features and Parental Controls, please see the Nintendo 3DS System Operations Manual included with your Nintendo 3DS System. This Operations Manual is also available at support.nintendo.com.

SECURITY

We have established reasonable safeguards to help ensure the security, integrity and privacy of the PII submitted or collected from the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content. We also have implemented reasonable security measures to help protect information under our control against loss, misuse or alteration. While we strive to safeguard your PII, 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, including a Third Party Content Provider, may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

If you install unauthorized applications or content on your Nintendo 3DS System or make unauthorized modifications to the Nintendo 3DS System, your PII may be compromised. Nintendo is not responsible for any data collection, use or disclosure from any Nintendo 3DS System with unauthorized applications or content installed.

OPTING-OUT OF INFORMATION COLLECTION

You may use the Nintendo 3DS System without disclosing PII; however, some features and applications may not be available to you. You can opt-out of the collection of PII by turning off wireless communications on your Nintendo 3DS System. You also may be able to opt-out of some types of information collection through the Nintendo 3DS System settings and Parental Controls.

DISABLING AND REMOVING INFORMATION STORED ON YOUR NINTENDO 3DS SYSTEM

Certain PII about you that you disclose when communicating with third parties or using your Nintendo 3DS System may be stored on your Nintendo 3DS System. For your protection, before selling or otherwise transferring your Nintendo 3DS System, please be sure to remove all stored information on your Nintendo 3DS System. For instructions on how to remove this information, please see the Internet Setup section of your Nintendo 3DS System Operations Manual or contact a Nintendo consumer service representative.

If you transfer data to a Nintendo 3DS System using the System Transfer or Nintendo 3DS Transfer Tool features, any PII or Non-PII included in such data will be transferred as part of this process.

INTERNATIONAL USERS

Any information you provide or that is collected through the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content may be stored and processed in the United States or any other country in which we or our affiliated companies, vendors or agents maintain facilities. As such, PII may be accessed by foreign governmental authorities and otherwise in accordance with applicable laws. By using the Nintendo 3DS System, Nintendo 3DS Service, Software, or Content you consent to such storage and processing. 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. However, this Privacy Policy is intended to meet the laws and requirements of the United States and those of Canada and Latin America, which may not be the same as the laws and regulations of your home country. If you are not located in the United States, Canada or Latin America please go back to the country selection screen and select an appropriate country so that you will be aware of the policies that apply to you.

CONTACT US WITH YOUR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

If you have any questions, complaints or comments regarding this Privacy Policy, the data collected from you or our practices, please contact the Nintendo 3DS Privacy Policy Administrator via email at privacypolicy@noa.nintendo.com, by phone at 1-888-977-7627, or by regular mail at Nintendo of America Inc., Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond, WA 98052, U.S.A.

For U.S. and Canada residents only: 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/contact.jsp, ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017, U.S.A. or privacy@esrb.org.