Nintendo of America Inc. Web Site Privacy Statement

Last Updated: November 2, 2011

1. SCOPE OF POLICY

Nintendo is dedicated to protecting your privacy and handling any information we obtain from you with care and respect. This Website Privacy Policy ("Privacy Policy") describes, among other things, how we collect, use, disclose, update, and protect information you provide to us on any of the websites listed here ("Website(s)").

This Privacy Policy applies only to information collected online by Nintendo of America Inc. ("Nintendo") through one of the Websites. This Privacy Policy does not apply to information collected on websites operated by our parent company, affiliates, subsidiaries or any third parties. It also does not apply to any Nintendo products, such as the Wii console, Nintendo 3DS system, Nintendo DSi, or Nintendo DSi XL, which are governed by their own privacy policies posted on support.nintendo.com.

We may add to or update the information that you provide to us 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 Websites, the combined information will be treated in accordance with this Privacy Policy.

Some of our Websites allow users to submit information in a non-consumer capacity (such as resumes or applications to enter our Media Only site). Such information is not subject to this Privacy Policy, but will be used solely for the purpose specified.

2. UPDATES TO THE POLICY

We may revise and update this Privacy Policy from time to time without additional notice to you. Please review the most recent version of the Privacy Policy frequently by clicking on the Privacy Policy link on the Website’s homepage. When we update this Privacy Policy, we will revise the "Last Updated" date above.

3. 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 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 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, email us at privacypolicy@noa.nintendo.com or by regular mail to: Nintendo of America Inc., Attn: Privacy Counsel, 4600 150th Avenue NE, Redmond, WA 98052.

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.

4. QUICK PRIVACY LINKS

• COLLECTION OF INFORMATION
• USE OF INFORMATION
• DISCLOSURE OF INFORMATION
• USE OF COOKIES, IP ADDRESSES AND WEB BEACONS
• NETWORK AND INFORMATION SECURITY
• OPTING OUT
• CHECKING ACCOUNT INFORMATION FOR ACCURACY
• COLLECTION OF PERSONAL INFORMATION FROM CHILDREN ON THE INTERNET
• THIRD PARTY WEB SITES
• E.U. SAFE HARBOR
• INTERNATIONAL USERS
• CONTACT US FOR PRIVACY QUESTIONS, COMMENTS OR CONCERNS

5. COLLECTION OF INFORMATION

In order to give you the best experience on our Websites, we may collect personally identifiable and non-personally identifiable information. We only collect such information if it is reasonably necessary to fulfill your online requests or our legitimate business objectives.

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 do not collect Personally Identifiable Information from you unless you choose to provide it to us. For example, 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. If you choose not to provide us with certain PII, you will be able to continue using the Website, except you may be unable to complete your purchase or use certain features on the Website.

Non-Personally Identifiable Information. In addition to the PII you provide to us, we may collect Non-Personally Identifiable Information from you when you visit the Websites. "Non-Personally Identifiable Information" or "Non-PII" is information that does not identify you as an individual. For example, we may collect the following Non-Personally Identifiable Information from you when you visit our Websites:

• Demographic information such as your age, date of birth, gender, hobbies, interests, zip/postal code or country. Demographic Information is not PII unless it is combined with PII about a specific user. If you choose not to provide us with certain Demographic Information, you will be able to continue using the Website, except you may be unable to use certain features on the Website.
• Technical Information is information that is automatically collected when you visit the Websites, such as information about your computer or device, hardware, software, connection information, Internet Service Provider ("ISP"), browser type and language, operating system, Internet Protocol (IP) address (which is a numeric address assigned to your computer by your ISP), the web address of sites you visited before and after visiting the Website, the web search that landed you on the Website, web pages and advertisements you view and links you click on within the Websites, information collected through cookies and web beacons, information about your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), and standard server log information. Technical Information is not PII unless it is linked to PII about a specific user.
• Aggregate information is anonymous data about individuals that is grouped together to study a group or category of services or users. Aggregate Information is not considered PII unless it is linked to PII about a specific user.

6. USE OF INFORMATION

We may collect PII and Non-PII (i) to fulfill your requests for products, services, and information, including to complete orders you have placed through the Websites, to complete your Club Nintendo registration, and to send you e-mail newsletters and non-commercial messages; (ii) to deliver advertising, marketing communications, and other promotional materials; (iii) to enable you to participate in online games, contests, sweepstakes, surveys, Public Forums, and other features offered on the Websites; (iv) to customize the content, features, and advertising provided to you on the Websites; (v) to set up repair orders and respond to other consumer service inquiries; (vi) to facilitate demographic studies, conduct quality assurance, and analyze the use of the Websites to understand and improve our service offerings; (vii) to prevent potentially illegal or offensive activities or to enforce our rights or the rights of our users; and/or (viii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

In addition, if you have a Wii console, Nintendo 3DS system, Nintendo DSi, or Nintendo DSi XL and have a Club Nintendo account, you may link one of each product line to your Club Nintendo account. In such circumstances, we will use your information to automatically register your Shop Account purchases so that you may receive surveys and Coins.

7. COLLECTION OF PERSONAL INFORMATION FROM CHILDREN ON THE INTERNET

We do not knowingly collect personal information on our Websites from visitors under the age of 13 ("children" or "child") without first obtaining verifiable parental consent, or otherwise complying with the relevant legal requirements. For information on how we collect, use, disclose and secure information knowingly collected from child users whose parents have provided consent, please see the relevant sections in this Policy. In addition, the parent has the option to consent to the collection and use of the child’s personal information without consenting to the disclosure of that information to third parties, and Nintendo does not condition a child’s participation in an online activity on the child’s disclosing more personal information than is reasonably necessary to participate in the activity. We do not knowingly permit children to participate in Public Forums unless they are monitored, the child’s parent or guardian has provided verifiable parental consent, or the Public Forum complies with the relevant legal requirements in another manner.

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 contact us by email at privacypolicy@noa.nintendo.com or by phone at (888) 977-7627 to: (1) confirm, correct or delete the child’s personal information; (2) discontinue any further online collection or use of the child’s personal information; or (3) revoke his or her earlier consent to the collection and use of the child’s personal information. 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.

We have developed a Family Account system for Club Nintendo. As part of the registration process for Club Nintendo, users are asked to submit their date of birth. Users who 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 can provide details about establishing a Family Account in Club Nintendo. Once a parent or guardian registers for Club Nintendo and creates a Family Account he or she can then create a sub-account for the 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. Club Nintendo members under the age of 13 can register products to their Family Account but cannot spend or redeem Coins.

8. DISCLOSURE OF INFORMATION

We may share PII, Non-PII, and Aggregate Information with our vendors who help us perform various functions necessary to operate our business or fulfill your requests, such as completing your transactions, developing and executing our advertising campaigns, and providing business analytics. Any vendors or partners with whom we may share PII are permitted to obtain only the PII they need to deliver the services requested. They are required to maintain the confidentiality of the PII and are prohibited from using it for any other purpose.

We also may disclose PII, Non-PII, and Aggregate Information (i) to our parent company, subsidiaries, third parties and other affiliated companies; (ii) in the good faith belief that we are required to do so by law; (iii) if doing so is reasonably necessary to comply with legal process; (iv) to respond to any claims or inquiries; (v) to enforce the terms and conditions of our or other Nintendo owned websites; (vi) to protect the rights, property, or personal safety of Nintendo, our customers, or the public; (vii) as part of any merger, sale, transfer of company assets, or acquisition, if permitted by and done in accordance with applicable laws; or (viii) for any other purposes disclosed to you at the time we collect the PII or pursuant to your consent.

Please note that some of our Websites may make chat rooms, forums, message boards, and/or newsgroups ("Public Forums") available to users. Please remember that any information that you disclose in Public Forums becomes public information. You should exercise caution when deciding whether to disclose your PII in these Public Forums.

9. USE OF COOKIES, IP ADDRESSES AND WEB BEACONS

We may use cookies on our Websites. Cookies are small text files that a website places on your hard drive when you visit the website. These files identify your computer and record your preferences and other Technical Information about your visit so that when you return to the Website, it knows who you are and can personalize your visit. We use cookies, for example, 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. Most browsers are automatically set to accept cookies. You can disable them or set your browser to alert you when cookies are being sent to your computer. If you disable this function, some areas of our Websites will not function properly.

We maintain log files ("Logs"), which record activity on the Websites and gather statistics about users’ activities, such as how many users have visited the Websites, how often, how many "hits" a particular webpage has received, type and quality of the user’s Internet connection; identification of the user’s hardware and software used to access the Websites, which features on the Websites you used, and the frequency of use. The entries comprising the Logs contain IP addresses, user IDs, and identification of the ISP that provides your connection to the Internet. Generally, we use the Logs to operate and improve the Websites, to identify the popularity of certain features, to assist with internal marketing and demographic studies, to enable us to assess overall efficiency and activity on the Websites, and to assess users’ web-browsing activities, preferences, and habits. We also use the Logs to monitor traffic on the Websites, to troubleshoot technical problems, for security reasons, and to foster the safety of the Websites. In the event of abuse, we may block certain IP addresses.

We may use a common Internet technology called "Web beacons" (also called "Web bugs," "action tags," "pixel trackers," or "clear GIFs") on 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 PII about you. We may use Web beacons to collect Technical Information. We may use this information to, for example, record whether individual users view emails from Nintendo so that we can more effectively manage our database of active registered members and to display emails in the appropriate HTML or text format.

In addition, we may use information collected by cookies, Logs, and Web beacons, to help 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.

We also may permit third parties, such as AddThis, to set cookies and Web beacons on some of our Websites or in emails sent on our behalf to help us perform various internal functions necessary to operate our business. These third parties may use these cookies and Web beacons to collect Technical Information when you visit the Websites and may use this Technical Information during your visits to the Websites and other sites in order to provide you advertisements about goods and services that may be of greater interest to you. These third parties may offer you a way to opt-out of this ad targeting. To learn more, you can visit www.networkadvertising.org and www.aboutads.info.

10. NETWORK AND INFORMATION SECURITY

The security and confidentiality of your information is extremely important to us. That is why we have established reasonable safeguards for the security, integrity, and privacy of the PII submitted through the Websites. We also have implemented reasonable security measures to help protect information under our control against loss, misuse, and alteration. For example, PII is stored in firewall protected servers, and all financial information is transmitted through the use of encryption. We also strive to limit access to PII 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. Therefore, although we take commercially reasonable steps to secure your information, no data storage system or transmission of data over the Internet can be guaranteed to be 100% secure.

It is your responsibility to keep your Club Nintendo password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out and close your browser window before leaving the Website to help protect access to your information from other users. Please refer to the Federal Trade Commission’s Website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

11. OPTING OUT

You can opt out of receiving commercial email messages from Nintendo by following the instructions contained in any such message.

In addition, if you do not want Club Nintendo to send you commercial email, regular mail, or other messages about our products and services, you can opt-out at the time you register for Club Nintendo or when the information is otherwise collected. 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 by going to My Account Settings, Newsletters, and Communications and then Communication Central.

If you would like to be removed from our mailing lists at any time, please send an email to unsubscribe@noa.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.

12. CHECKING ACCOUNT INFORMATION FOR ACCURACY

As a member of Club Nintendo, you may access your PII by logging in and going to the "Club Nintendo" section of Nintendo.com. Once there, you may view and change your PII under "My Account Settings."

If you are not a registered member of Club Nintendo, we will review or update your PII as appropriate if you contact us via email at privacypolicy@noa.nintendo.com or by phone at (888) 977-7627. 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 PII, please contact us and we will delete it unless we have a good faith belief that we are legally required to retain the information.

13. THIRD PARTY WEB SITES

Some of our Websites contain links to third party websites and content. We are not responsible for the privacy or security practices of these third parties, and we recommend that you review their privacy policies before submitting any information.

14. EU SAFE HARBOR

Any information that you provide or that is collected through any of our Websites may be stored and processed in the United States or any other country in which we or our affiliated companies, subsidiaries, vendors, or agents maintain facilities. As such, PII may be accessed by foreign governmental authorities and otherwise in accordance with applicable laws. By using any of our Websites you consent to such storage, processing, and any 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.

15. 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. Club Nintendo registration on the 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.

16. 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.