Nintendo of America Inc. Web Site Privacy Notice
Last Updated: December 10, 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.
1. 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:
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 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:
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.
2. 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.
3. 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 and system messages; (viii) provide free games, applications, trials, and other content; (ix) analyze and facilitate the use of our products and services; (x) conduct 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.
4. 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:
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.
5. 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 notices before submitting any information to them.
7. 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 email@example.com, 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 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 child'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 those email messages.
10. 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.
11. 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 U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Economic Area, and Swittzerland. For more information about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor/.
12. 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.
13. 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 Certified Program: ESRB Privacy Certified. 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 sites containing the ESRB certification seal have been reviewed, and certified, by ESRB to meet established online information collection and use practices.
14. 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 firstname.lastname@example.org, 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.
You may also contact ESRB Privacy Certified via email at email@example.com, or via regular mail at ESRB Privacy Certified, Attn: Vice President, Privacy Certified, 317 Madison Avenue, 22nd Floor, New York, NY 10017.