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.