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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 promo-
tional 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 oer 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.
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.
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 serv-
ers, 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 eort 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
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 recom-
mend 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 nd 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 informa-
tion 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
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 Opera-
tions Manual included with your Nintendo 3DS System. This Operations Manual is also available at support.nintendo.com.
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 modications 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 unauthor-
ized applications or applications 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 o 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.
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 aliated 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
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
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 firstname.lastname@example.org.