Nintendo of America
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Online Privacy Policy Version françaisePlease Note: If you are looking for the Privacy Policy related to the use of your Wii console, click here. The privacy policy listed below only applies to Nintendo's web sites. For a list of the web sites, click here. Nintendo of America Inc. Web Site Privacy Statement Last Updated: December 1, 2008 SCOPE OF POLICY At Nintendo of America Inc. ("Nintendo" or "we" or "us") we respect your privacy rights and are committed to protecting the information we collect from you online. To further this commitment, we have developed the following Website Privacy Policy ("Privacy Policy") which explains how we collect, use, disclose, and protect information you provide to us on any of the websites covered by this agreement (each a "Website" and together the "Websites"). To view all Websites covered by this Privacy Policy, click here. This Privacy Policy applies only to information submitted and collected online through a Website we operate or authorize. It does not apply to information we collect offline unless, with your permission, that information is combined with information collected or submitted online. This Privacy Policy does not apply to information collected on websites operated by our parent, subsidiaries or other third parties. Please note that we do not operate the Pokémon website located at www.pokemon.com, or the Pokémon: Trading Card Game website at www.go-pokemon.com. UPDATES TO POLICY Occasionally, we will revise and update this Privacy Policy. Please check back from time to time to ensure that you are aware of any changes to our privacy practices. If we revise this Privacy Policy, the "Last Updated" date above will be changed. If we make a major change to this Privacy Policy, we will post a notice of the change on all of the Websites. ESRB CERTIFICATION This Privacy Policy and the certification seal located on this page confirm that we are a valid licensee and participating member of the Entertainment Software Rating Board's Privacy Online Program: ESRB Privacy Online. To 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 the Websites have been reviewed and certified by ESRB to meet established online information collection and use practices. If you have any questions, complaints or comments regarding this Privacy Policy or our privacy practices, please contact the Nintendo Privacy Policy Administrators at (888) 977-7627 or email us at privacypolicy@noa.nintendo.com. 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 privacy@esrb.org QUICK PRIVACY LINKS
INFORMATION COLLECTED ABOUT YOU In order to give you the best experience on our Websites, we may collect personal and non-personal information about you. Non-personal information includes anonymous information such as demographic data. Under all circumstances, we will only collect the information deemed reasonably necessary to fulfill your online requests and our legitimate business objectives. Please read below for a description of each type of information collected. COLLECTION AND USE OF PERSONAL INFORMATION We request Personal and demographic information to respond to your requests and provide services to you such as: registering for and participating in Club Nintendo; sending email newsletters; participating in online contests and sweepstakes; sending e-cards and wish lists; processing orders through our online store; setting up repair orders; posting online resumes and using media applications; and sending email correspondence. Each category below describes how we handle the requested information.
Individuals at least 13 years of age may register for a Club Nintendo account. Certain Personal Information will be requested during registration. For children under the age of 13, we have developed a Family Account system. In order for a child under 13 to have a Club Nintendo account, the child's parent or guardian must register for Club Nintendo and create a Family Account. That parent or guardian can then create sub-accounts for other family members. Thus, Club Nintendo registration does not collect Personal Information from children under the age of 13. For further information regarding our children's online privacy, see the section "Children's Privacy Policy" below. For additional information regarding Club Nintendo registration, see the Terms and Conditions, available at http://www.nintendo.com/consumer/club/en/terms.jsp Newsletter(s) To subscribe to our newsletters or to receive postal mail from Nintendo, you must register for a Club Nintendo account, as described above. To receive communications from Nintendo concerning repairs or other transactions, you do not need to register for Club Nintendo. Product Registration Only Club Nintendo members can register products to earn Coins. Club Nintendo members under the age of 13 can register products to their Family Account but cannot spend or redeem Coins. More information regarding Coins is available in the Club Nintendo Terms and Conditions, available at http://www.nintendo.com/consumer/club/en/terms.jsp. Online Contests and Sweepstakes To enter our online contests and sweepstakes, you may be required to provide us with certain Personal and/or demographic information about yourself. To learn more about the information collected and used for a specific contest or sweepstake, please see the official contest or sweepstakes rules. Demographic and Opinion Information Club Nintendo surveys may request demographic or opinion information, such as your favorite games or which Nintendo systems you own. Responses will be linked to your Club Nintendo account and may be used to provide a more personalized online experience and, if your email and message settings allow, send you product newsletters and other communications we think you will enjoy. E-cards and Wish Lists Web users who wish to send an e-card or their wish list to a friend or family member are required to give us their first name and the email address(es) of the person(s) to whom they wish to send the e-card or wish list. In general, we delete the senders' and recipients' email addresses after we send the e-card or wish list. Please note that some activities on our Websites allow registered Club Nintendo members and users 13 years or older to send game challenges to other users via e-cards. In such cases, we may store the senders' and recipients' email addresses until the game challenge has been completed, but we do not permanently store these email addresses or use them for any other purpose. Online Store If you purchase goods or services through our online store or elsewhere on our Websites, you may need to provide a valid credit card number, expiration date and credit card security code, in addition to your name, mailing and billing addresses, phone number and email address. Please note that you must be over the age of 18 to place orders online. All financial information is transmitted through the use of encryption, i.e. a Secure Socket Layer (SSL) protocol via our secure server. Repair Orders If you set up a repair order on any of our Websites, you will need to provide your name, mailing and billing addresses, phone number and email address. You may also need to provide a valid credit card number, expiration date and credit card security code. All financial information is transmitted by SSL protocol via our secure server. Online Resumes and Media Applications Some of our Websites allow users to submit Personal Information in a business capacity (such as resumes or applications to enter our Media Only site). Although Personal Information collected in this capacity will be used solely for the purpose specified, such information is not subject to this Privacy Policy. Email Correspondence and Other Communication We may respond to your email correspondence and communications if such correspondence includes a return email address. Because an email address is Personal Information, we protect the privacy of the sender by limiting access to these email messages. Only employees with a legitmate business need to access the emails are allowed to do so. For quality control purposes, email messages may be kept for a period of time. There may, however, be certain cases where hard copies may be kept on file, such as emails concerning product safety or consumer complaints. Information from email messages will not be used for marketing purposes and will be maintained in a secure location. Online Interaction Some of our Websites may make chat rooms, forums, message boards, and/or newsgroups ("Public Forums") available to users. Please remember that any information disclosed in Public Forums becomes public information and you should exercise caution when deciding whether to disclose your Personal Information in these Public Forums. We do not permit children under 13 to participate in Public Forums unless they are monitored, the child's parent or guardian has provided verifiable consent, or the Public Forum complies with the relevant legal requirements in another manner. Linking Accounts If you have a Wii console and are at least 18 years of age, you can link your Wii Shop Account to your Club Nintendo account in order to participate in a variety of activities, promotions and programs. If you would like to link your accounts, you can do so when you register your Wii console on the Wii Shop Channel. If you link your Club Nintendo account to your Wii Shop Account, we may personalize content and provide you with access to several exclusive features. If you also opt-in to receive messages from us in your Club Nintendo account, we may send messages to your automatically generated Wii message address or certain messaging devices you designate, such as your mobile phone. Your Wii message address will remain anonymous unless you (a) share it with other people in order to send Wii messages or (b) link your Wii Shop Account to your Club Nintendo account. If you had a My Nintendo account and linked it to your Wii Shop Account, that link will remain intact if you choose to migrate your My Nintendo account to Club Nintendo. DISCLOSURE OF PERSONAL INFORMATION We do not sell or rent Personal Information to third parties. We may share Personal Information with vendors who help us perform various internal functions necessary to operate our business. We may disclose Personal Information (a) in the good faith belief that we are required to do so by law; (b) if doing so is reasonably necessary to comply with legal process; (c) to respond to any claims; (d) to enforce the terms and conditions of our Websites; or (e) to protect the rights, property, or personal safety of Nintendo, our customers, or the public. We also may disclose your email address to our partners solely to send you email messages you have requested, or to ensure that you do not receive such messages if you have opted out of receiving them. Any vendors or partners with whom we may share Personal Information are permitted to obtain only the Personal Information they need to deliver the services requested. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. 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. USE OF COOKIES, IP ADDRESSES AND WEB BEACONS We use cookies on some of our Websites. Cookies are small text files that a website places on your hard drive whenever you visit the Website. These files identify your computer and record your preferences and other data about your visit so that when you return to the Website, it knows who you are and can personalize your visit. Cookies may be linked to Personal Information about you. Specifically, we use cookies to keep track of your shopping cart and wish lists and to prevent you from having to reenter your registration data (such as user name and password) at each connection. In addition, we may use information collected by cookies, as well as other tools such as log files or Web beacons, for other purposes, such as helping us determine how to improve our Websites by seeing which areas, features, and products are most popular; personalizing the Website and making recommendations based on products you have linked to in the past; and completing transactions you have requested. Most browsers are automatically set to accept cookies. If you disable this function, some areas of our Websites will not function properly. Please note that cookies cannot be used to run programs or deliver viruses to your computer. We maintain log files, which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. We do not link IP addresses to Personal Information, unless we notify you or unless necessary to enforce our Websites' terms and conditions. In general, we use log files to monitor traffic on our Websites and to troubleshoot technical problems. In the event of abuse, however, we may block certain IP addresses. We use a common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs") on some of our Websites. Web beacons are small graphic images placed on a web page, web-based document, or in an email message that are designed to allow us or our vendors to collect certain information and monitor user activity on our Websites. Web beacons are invisible to the user 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 do not use Web beacons to collect Personal Information about you. We may use Web beacons to collect non-personal information such as the IP address of the computer that the Web beacon is sent to, 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 that contains the Web beacon). In general, we do not link such non-personal information to Personal Information; however, we may use Web beacons to record whether individual users that are 13 years old and over view emails from Nintendo. This allows us to more effectively manage our database of active registered members. We may also use Web beacons to display emails in the appropriate HTML or text format. From time to time, we may permit vendors to place Web beacons on our Websites or in emails sent on our behalf. Web beacons used by our vendors collect the same types of information and are treated in the same manner as specified above. NETWORK AND INFORMATION SECURITY The security and confidentiality of your information is extremely important to us. That's why we have technical, administrative, and physical security measures in place to protect your Personal Information from unauthorized access and improper use. Personal Information is stored in firewall-protected servers. We will notify users of a data breach involving unencrypted Personal Information by email or by posting a notice on the affected Website. We also strive to limit access to Personal Information to employees performing a legitimate business function. We review our security procedures periodically to consider appropriate new technology and updated methods. Despite our efforts, no security measure is ever perfect or impenetrable. It is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users. If you forget your Club Nintendo password, we will authenticate your identity by sending an email to the address in your account profile. For children under 13, we will send this email to the Family Account Administrator. OPTING OUT If you do not want us to send you email, regular mail, or other messages about our products and services, you can opt-out at the time you register for Club Nintendo or other information collection. If you have opted-in and, at a later date, wish to have your name removed from our email or regular mail databases, you can log on to Club Nintendo and update your preferences in "Communications Central." If you were a My Nintendo member and would like to manage your email preferences, you can either join Club Nintendo and manage your preferences in "Communications Central," or click on the "opt-out" link in any promotional email from us, which will take you to a page where you can manage your Nintendo email preferences. If you would like to be removed from our mailing lists at any time, please send an email to remove@cmail.nintendo.com. Put the word "REMOVE" in the subject line. In the body of the email, please include your name and address and the database(s) from which you would like your information to be removed. You may also remove yourself from our mailing lists by contacting our Privacy Administrators at (888) 977-7627. Please note that in some instances, despite your opt-out selections, we may send you email communications regarding transactions or services you have specifically requested or to inform you of important changes to our Website, products or policies. CHECKING ACCOUNT INFORMATION FOR ACCURACY As a member of Club Nintendo, you may access your Personal Information by logging in and going to the "Club Nintendo" section of Nintendo.com. Once there, you may view and change your Personal Information at "My Account Settings." If you are not a registered member of Club Nintendo, access to your Personal Information is available by contacting us via email at privacypolicy@noa.nintendo.com or by phone at (888) 977-7627, and we will review or update your information as appropriate. Please be aware that you will need to provide the updated information to our Online Administrators; to protect your privacy, we will not disclose information that we have on file. If you would like to delete your Personal Information, please contact us and we will delete it unless we have a good faith belief that we are legally required to retain the information. If you are a parent or legal guardian of a child under the age of 13, please see our Children's Privacy Policy section for information about accessing your child's Personal Information. CHILDREN'S PRIVACY POLICY We do not collect Personal Information from visitors under the age of 13 ("children" or "child") in connection with Club Nintendo registration. Nor do we collect any information from children in a manner inconsistent with the Children's Online Privacy Protection Act ("COPPA"). To determine who is younger than 13 years old, we ask users who wish to register with Club Nintendo to submit their date of birth. Users that indicate they are under the age of 13 are asked to submit a parent or guardian's email address so that we can notify the parent or guardian that their child would like to join Club Nintendo, and provide details about establishing a Family Account in Club Nintendo. We encourage parents to create a parent/child relationship on Nintendo.com by registering for a Family Account in Club Nintendo. Once a parent or guardian creates a Family Account on Club Nintendo he or she can then create a sub-account for their child. The parent provides a username and password for the child. No Personal Information is collected from the child to create the sub-account. As the Family Account Administrator, a parent or guardian can then adjust permission settings. In addition, the Family Account Administrator can reset a child's password and add additional children by authorizing further sub-accounts. The parent or guardian can change the permission settings for each child's respective sub-account at any time by visiting the Account Settings page. Once a child reaches the age of 13, the parent or guardian may detach that child from the Family Account. For further information regarding online parental controls, please visit our "Information for Parents" web page, available at http://support.nintendo.com. We do not collect Personal Information about a child through the use of passive collection mechanisms such as cookies. If we change this Privacy Policy in a way that expands the collection, use or disclosure of children's Personal Information to which a parent has previously consented, the parent will be notified and we will be required to obtain the parent's additional consent. For more information on how we use cookies and other information collection tools, please see our section on Cookies, IP Addresses and Web Beacons. For more on how we use information collected from users, including child users, please see our section "Collection and Use of Personal Information" above. Parental Access Nintendo Websites do not collect Personal Information from children without first obtaining verifiable parental consent, or otherwise complying with the relevant legal requirements. If a parent or guardian has given us permission to collect his or her child's Personal Information, he or she can at any time: (1) confirm, correct or delete the child's Personal Information; (2) discontinue further use of the child's Personal Information, online collection of the child's Personal Information, or communication with the child; and/or (3) revoke his or her earlier consent to collect and use of the child's Personal Information. Parents and guardians may also contact us by email at privacypolicy@noa.nintendo.com, or call (888) 977-7627, and we will review or update your permissions concerning your child's Personal Information as appropriate. Please be sure to include in your email your child's username and password. Please be aware that you will need to provide information on your child; for security reasons, we do not provide information we have on file. THIRD PARTY WEB SITES If you decide to provide Personal Information to any third party website linked from one of our Websites, the sharing of such information will be subject to the privacy policy of that company, not our privacy practices. Be cautious before providing any Personal Information to any third party. EU SAFE HARBOR Personal information collected on any of our Websites may be stored and processed in the United States or any other country in which we or our affiliates, subsidiaries or agents maintain facilities. By using any of our Websites you consent to any such transfer of information outside of your country. 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. INTERNATIONAL USERS Visitors to our Websites from outside the United States or Canada are advised that this Privacy Policy is intended to meet the laws and regulations of the United States and Canada, which may not necessarily be the same as the laws and regulations of your home country. For this reason, Club Nintendo registration on this Website is available to residents of the United States and Canada only. By using any of the Websites, you agree that any information that you provide to Nintendo will be treated in accordance with the laws and regulations of the United States and Canada. P3P Please note that some of our Websites support "P3P" or the Platform for Privacy Preferences. If the terms of the Platform for Privacy Preferences should for any reason ever differ from the terms of this Privacy Policy, the terms of this Privacy Policy shall control. CONTACT US FOR PRIVACY QUESTIONS, COMMENTS OR CONCERNS If you have any questions, complaints or comments regarding this Privacy Policy or our privacy practices, please contact the Nintendo Privacy Policy Administrators via email at privacypolicy@noa.nintendo.com, by phone at (888) 977-7627, or by regular mail at Nintendo, Attn: Online Privacy Policy Administrator, 4600 150th Avenue NE, Redmond WA 98052.
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      Nintendo of America is an official participant in the ESRB Privacy Online Program. 
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