Nintendo provides some meaningful privacy protections and user rights, including deletion/access rights, no sale of personal information, child-focused safeguards, and notice for material privacy changes. However, default arbitration, broad data collection and ad use, expansive content licenses, liability limits, and unilateral service changes make the overall posture only moderately user-friendly.
Nintendo’s legal terms are mixed for users. It offers access, correction, and deletion rights, says it does not sell personal information, and gives a 30-day arbitration opt-out. But it also collects broad gameplay/device/activity data, allows targeted advertising and third-party tracking, requires arbitration by default, reserves broad rights over user content and unsolicited submissions, and can suspend service access or change terms with continued-use acceptance.
Points of interest
Unsolicited suggestions or creative submissions automatically become Nintendo’s sole property. You are not entitled to confidentiality, credit, or compensation if Nintendo uses them.
"such Submissions... shall automatically become the sole property of Nintendo... without acknowledgment or compensation to you"
Most disputes must be resolved through individual binding arbitration, and class actions are waived. This limits your ability to sue in court unless you opt out within 30 days.
"Most disputes or claims... shall be finally settled by binding arbitration... THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION"
If you post content, Nintendo gets a perpetual, irrevocable, worldwide license to use, modify, distribute, and display it, including for marketing. You keep ownership, but Nintendo’s reuse rights are extremely broad.
"you grant Nintendo a worldwide, royalty-free, irrevocable, perpetual... license... including for promotional or marketing purposes"
Nintendo uses your data for tailored advertising and allows third-party providers to collect information for analytics and ad targeting across sites, services, and devices. This goes beyond basic service operation.
"providing advertising on our services and elsewhere based on users' online activities over time and across different sites, services, and devices"
Nintendo explicitly says it does not and will not sell your personal information to third parties. That is a meaningful privacy commitment, even though it still shares data with service providers for business purposes.
"We do not and will not sell your information to third parties."
You can request access to, correction of, or deletion of your personal information. Nintendo also says it will not discriminate against you for exercising these rights, though some features may stop working.
"You have the right to request access to, correction, or deletion of your information."
Nintendo collects extensive personal, device, gameplay, purchase, and interaction data, and may also receive information from other users and third parties. This creates a detailed profile of how you play and use its services.
"We collect information about your use of and interaction with our services... gameplay... pages you view, and advertising you interact with"
Nintendo can modify, suspend, or terminate services or your access at any time without notice, obligation, or liability. That leaves users with limited recourse if an account or feature is cut off suddenly.
"we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation or liability"
The services are provided as-is, and Nintendo largely disclaims warranties and caps liability to the amount you paid for the affected service. If something goes wrong, your potential recovery may be very limited.
"THE SERVICES ARE PROVIDED "AS-IS"... AGGREGATE LIABILITY... IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID"
You can reject the arbitration clause by mailing a written opt-out notice within 30 days of starting to use the service. That preserves your ability to litigate covered disputes in court.
"You have the right to opt out... within 30 days of the start of your use of the Services."
Nintendo says it requires parental consent where required, lets parents review or delete child data, and limits certain child identifiers to internal operations. It also participates in CARU’s privacy certification program.
"Parents or guardians may review, modify, or delete your child's information, or withdraw consent"
Nintendo says it keeps personal information only as long as reasonably necessary, then deletes or de-identifies it. This is better than an indefinite retention claim, but it does not give concrete time limits.
"We retain personal information only for as long as reasonably necessary... after which time it is deleted, or de-identified"
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Documents
Terms of Service
source ↗- •You must be 18 or older to use the services, or use them under a parent or guardian who agrees to these terms.
- •Nintendo gives you a limited personal-use license and can revoke it; commercial use, copying, modification, scraping, or reverse engineering are prohibited.
- •If you post user content, you keep ownership but give Nintendo a perpetual, worldwide, royalty-free license to use it, including for marketing.
- •Interactive areas may display your content publicly, and Nintendo may monitor, preserve, or disclose information to follow law or protect people and rights.
- •You must provide accurate account information, keep your password secure, accept responsibility for account access, and report suspected unauthorized use immediately.
- •Unsolicited ideas or submissions become Nintendo’s sole property, and Nintendo may use them without acknowledgment, payment, or confidentiality obligations.
- •Nintendo may modify, suspend, or end the services or your access at any time, without notice, obligation, or liability.
- •The services are provided as-is without warranties, and Nintendo’s liability is limited to the amount you actually paid for the affected services.
- •You agree to indemnify Nintendo for losses arising from your use, submissions, user content, term violations, or violations of others’ rights, where legally allowed.
- •Most disputes must go to individual binding arbitration, not class actions, though small claims and certain intellectual property claims are excluded; you can opt out within 30 days.
Privacy Policy
source ↗- •Nintendo collects information you provide, device details, gameplay and service activity, shared content, purchases, and information from other users or third parties.
- •With your consent, Nintendo may collect precise location, health data like steps, and monitor or record video and audio interactions.
- •Nintendo uses your information to run and improve services, personalize features and ads, process purchases, provide support, prevent fraud, and enforce terms.
- •Nintendo says it does not sell your information, but it shares data with service providers, affiliates, legal authorities, and during business transfers.
- •If you use public or social features, your shared content, profile details, online status, country, age range, console type, and gameplay may be visible to others.
- •Third-party services accessed through Nintendo may collect information about you and your activity under their own privacy policies.
- •You can request access, correction, or deletion of your information and opt out of promotional messages, though some features may stop working.
- •Nintendo keeps personal information only as reasonably necessary, then deletes or de-identifies it, and uses security measures but cannot guarantee complete protection.
- •For children, Nintendo requires parental consent where law requires, allows parents to review or delete child data, and limits certain identifier uses to internal operations.
