Nintendo DSi Privacy Policy

Last Updated: April 5, 2009

Nintendo is dedicated to protecting your privacy and handling any personal information we obtain from you with care and respect. This Nintendo DSi Privacy Policy ("Privacy Policy") is intended to provide you with an understanding of information that may be submitted and collected through use of the Nintendo DSi System. 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 http://support.nintendo.com or contacting our department at (888) 977-7627. When we update this Privacy Policy, we will revise the "Last Updated" date above. This Privacy Policy only applies to information submitted or collected from your Nintendo DSi. Information you may submit through any of Nintendo's Web sites or the Wii console is subject to the applicable privacy policy posted at http://support.nintendo.com.

Please read this Privacy Policy; it applies to use of your Nintendo DSi by you and any other person using your Nintendo DSi (whether you gave them permission to use it or not).

ATTENTION PARENTS OR LEGAL GUARDIANS: PROTECTING CHILDREN'S PRIVACY

We do not knowingly collect personally identifiable information from children under the age of 13, absent verifiable parental consent.

Before allowing your children to use the Nintendo DSi, we strongly recommend you educate them on the importance of not sharing personally identifiable information about themselves with strangers. In particular, we recommend you tell your children not to use any personally identifiable information for their Nintendo DSi user name, in-game nicknames, or when communicating with other Nintendo DSi users through the Nintendo DSi wireless communication features.

We strongly recommend you assist your children with the setup of their Nintendo DSi, and that you supervise your children's use of the Nintendo DSi at all times. You can restrict your children’s use of certain features of the Nintendo DSi by setting up the Nintendo DSi Parental Controls function.

For a detailed description of the Nintendo DSi wireless communication features and Parental Controls, please see the Nintendo DSi Operations Manual included with your Nintendo DSi and also available at http://support.nintendo.com.

INFORMATION COLLECTED

"Personal Information" is information that may be used to identify you such as your name, address, telephone number, or name based email address (for example, Nintendo@Nintendo.com). We only collect Personal Information you provide to us or as described below. If you choose not to provide us with Personal Information, use of your Nintendo DSi will not be affected, except to the extent that certain features, such as those described in the section immediately below, request disclosure of certain Personal Information.

In addition to the Personal Information you provide to us, we may collect anonymous information from you such as your age, gender, geographic area, Nintendo DSi internet protocol ("IP") address, and media access control ("MAC") address. We will not link your Personal Information with any anonymous or aggregate information we collect from you unless (1) you authorize us to do so; (2) you choose to link your DSi Shop Account to your Club Nintendo account; (3) we notify you first; or (4) we are responding to legal process. In order to provide you with more customized services, we may also receive and record information on our server logs from the Nintendo Wi-Fi Connection ("WFC"), including but not limited to your IP address, MAC address, cookies, transactions, settings and download activity. If you do not want Nintendo to collect this information you can turn off Nintendo WFC on your Nintendo DSi.

If you provide sensitive information when communicating with third parties via your Nintendo DSi, Nintendo does not receive or collect that information. Your Nintendo DSi may store on its hard drive Personal Information or sensitive information for your convenience.

HOW SUCH INFORMATION IS COLLECTED AND USED

We may collect Personal, anonymous or aggregate information from you for several purposes including to: (i) customize your Nintendo DSi Shop catalog and other catalogs; (ii) communicate with you regarding games, contests, sweepstakes, surveys, product changes, Nintendo WFC issues and more; (iii) facilitate your use of certain Nintendo DSi applications and features; (iv) process orders you have placed through your Nintendo DSi; and (v) 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 Nintendo DSi 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 anonymous or 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 sweepstake you are entering.

Nintendo DSi Online Applications: Certain Nintendo DSi online applications may request anonymous information from you, which we may use to recommend games to you or to develop new games and services. For more information, please visit http://support.nintendo.com

Nintendo DSi Shop Account: If you pay for items through the Nintendo DSi 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 place orders online. Any credit card information you submit through the Nintendo DSi Shop will be transmitted using SSL encryption. All such encrypted information will be maintained and processed by Nintendo and its trusted third party credit card processors on secure computers that are not accessible from the Internet. This encrypted information is subject to the section below entitled "Security."

IP Addresses: Your Nintendo DSi is automatically assigned an IP address by your Internet Provider when you connect to Nintendo WFC. Nintendo WFC automatically creates log files of user activities via Nintendo WFC and may also record the IP address and MAC 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 the Nintendo DSi End User License Agreement ("EULA") or Nintendo DSi Code of Conduct when using Nintendo WFC 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 Nintendo DSi EULA or Code of Conduct or to respond to legal process.

Web Beacons: Certain Nintendo DSi online applications may use a 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 email 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 email message. We may use Web beacons to collect anonymous information such as the Nintendo DSi 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 do not use Web beacons to collect Personal Information. We may use the anonymous information collected through Web beacons to determine how to improve the Nintendo DSi applications by seeing which areas, features, and products are most popular; personalizing the Nintendo DSi services and making recommendations based on downloaded products; and completing transactions you have requested.

In the event you visit a third party’s Web site through the Internet browser on the Nintendo DSi, or you choose to view an ad from a third party, such as those made available at Nintendo Zone stations, those Web sites or ads may also contain tools such as cookies and Web beacons which may be accessible to such third party.

Cookies: Certain online Nintendo DSi applications may use cookies, which are small text files that a Web site places on your Nintendo DSi. These files identify your Nintendo DSi and record data about your visit so that when you return to a Web site, the site recognizes your Nintendo DSi 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, to determine how to improve the Nintendo DSi applications by seeing which areas, features, and products are most popular; personalizing the Nintendo DSi services and making recommendations based on downloaded products; and completing transactions you have requested.

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 or aggregate information for our marketing purposes, demographic studies, and quality assurance. In some cases, we may add to or update your Personal Information with data collected from offline 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 Nintendo DSi, the combined Personal Information will be treated in accordance with this Privacy Policy.

DISCLOSURE OF INFORMATION

We do not sell or rent any of our s’ Personal Information to third parties. We may, however, share Personal, aggregate or anonymous information with our vendors to help us perform various functions necessary to operate our business (for example, completing downloads or purchases, developing and executing marketing campaigns, etc.) and with our affiliated companies. We also may disclose your email address to our partners for the sole purpose of sending you email messages you have requested, or to ensure that you do not receive such messages if you have opted out of receiving them. These partners are prohibited from using your email address for any other purpose. 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 s or the public. In addition, information about our s, 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 Nintendo DSi Shop Account to your Club Nintendo account to receive personalized content and participate in a variety of activities, promotions and programs. Once you have linked your Club Nintendo account to your DSi Shop Account, any Personal Information you enter on your Club Nintendo account will be linked to your DSi Shop Account.

NINTENDO DSi GAMES

Certain Nintendo DSi games and features give you the opportunity to create a nickname, create a user name and interact with other Nintendo DSi users. We strongly encourage you not to use your own name for any nicknames or user names 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 Nintendo DSi users.

For certain Nintendo DSi applications, including some Nintendo DSi games, your Nintendo DSi Friends may have access to information such as whether you have downloaded or are using a particular Nintendo DSi game.

INFORMATION STORED ON YOUR NINTENDO DSi

Certain sensitive or Personal Information about you may be stored on your Nintendo DSi. For your protection, before selling or otherwise transferring your Nintendo DSi, please be sure to clean and securely remove all Personal Information, any content you created, and all other stored sensitive information on the Nintendo DSi. For instructions on how to remove this information, please see the Internet Setup section of your Nintendo DSi Operations Manual.

SECURITY

We have established reasonable safeguards to secure sensitive and Personal Information collected directly by us in an effort to ensure the security, integrity and privacy of the Personal Information submitted or collected from your Nintendo DSi. We also have implemented reasonable security measures in an effort to protect information under our control against loss, misuse or alteration. Personal Information is stored in firewall-protected servers. Nintendo will notify users of a data breach involving unencrypted Personal Information by email or by posting a notice on our website. We also work hard to limit access to Personal Information to those employees performing a legitimate business function. While we strive to safeguard your sensitive and 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.

If you install unauthorized applications or content to your Nintendo DSi, your sensitive or Personal Information may be collected or compromised. Nintendo is not responsible for any data collection, use or disclosure resulting from the use or installation of unauthorized applications or content.

UPDATING YOUR INFORMATION OR OPTING OUT OF INFORMATION COLLECTION

Use of the Nintendo DSi does not require disclosure of Personal Information. If you have provided Personal Information to us, you can update your preferences or opt-out of further collection as follows. In order to completely opt-out from the collection of any information about you relating to the Nintendo DSi, both anonymous and Personal, you must disable your Nintendo WFC. If you have linked your Club Nintendo account to your Nintendo DSi Shop Account or other Nintendo DSi online applications, (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 Nintendo DSi Shop.

INTERNATIONAL USERS

Any information you provide or that is collected through the Nintendo DSi 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 Nintendo DSi, 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 or our practices, please contact the Nintendo DSi Privacy Policy Administrator via email 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/contact.jsp, ESRB Attn: Privacy Online Program, 317 Madison Avenue, 22nd Floor New York, NY 10017 or privacyinfo@esrb.org.