The policy discloses that Nintendo may collect health-related data (specifically step count and distance walked) with user consent, and states this information is not used for marketing or advertising.
This analysis describes what Nintendo's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The collection of health information, even aggregated fitness metrics, may engage state-level health data privacy statutes in jurisdictions such as Washington (My Health MY Data Act) and Nevada, in addition to general data protection frameworks, depending on the nature of the data and the services involved.
Interpretive note: The applicability of state health data privacy statutes (such as Washington My Health MY Data Act) to Nintendo's fitness data collection depends on the specific services involved and the statutory definitions in each jurisdiction.
Nintendo now explicitly discloses that it collects persistent identifiers (IP addresses, device IDs) from child users for operational, security, fraud prevention, and service improvement purposes, and states that contractual restrictions limit how service providers can use this data. Parents gain enhanced transparency by being able to view a named list of third-party games and applications authorized to access their child's account, rather than just managing access through settings. The policy also clarifies that location information may be used for check-ins at Nintendo locations and events in addition to location-based games. You can review and manage which third-party apps have access to your child's account through your Nintendo Account profile settings.
View change record →Nintendo now discloses that it uses location data not only for location-based games and friend connections, but also to enable check-ins at specific events and Nintendo locations, which is a new explicit use case. The policy now details how child user data including persistent identifiers like IP addresses and device IDs are collected and retained, with commitments to delete or de-identify data based on sensitivity and account activity. Parents can now see which third-party apps have been authorized to access their child's account before deciding whether to allow continued access, giving more visibility into connected applications.
View change record →The revised policy simplifies how Nintendo describes data retention, now stating information is retained only as long as reasonably necessary in accordance with applicable law, without prior detail about sensitivity-based retention practices. For child users, the policy no longer explicitly lists persistent identifiers (IP addresses, device identifiers) that Nintendo and service providers collect, removing specific disclosure language that previously detailed collection purposes for child accounts. The policy now indicates it collects error information from both users and devices, broadening the prior language focused on device errors only. The privacy certification body changed from CARU to ESRB, meaning independent audits and enforcement are now administered by the Entertainment Software Rating Board rather than the Children's Advertising Review Unit.
View change record →Under this clause, Nintendo collects health data such as step counts and distance walked only with user consent, and the policy states this data is not used for marketing or advertising purposes. Users who have provided consent can withdraw it, which may affect availability of health-related service features.
Cross-platform context
See how other platforms handle Health Information Collection and similar clauses.
Compare across platforms →"With your consent, we may collect certain health information such as the number of steps taken or distance walked. We do not use this information for marketing or advertising purposes.Excerpt from Nintendo's Privacy Policy
REGULATORY LANDSCAPE: Health data collection by non-HIPAA-covered entities engages the FTC Act and, increasingly, state-level health data privacy statutes.
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The collection of health information, even aggregated fitness metrics, may engage state-level health data privacy statutes in jurisdictions such as Washington (My Health MY Data Act) and Nevada, in addition to general data protection frameworks, depending on the nature of the data and the services involved.
Under this clause, Nintendo collects health data such as step counts and distance walked only with user consent, and the policy states this data is not used for marketing or advertising purposes. Users who have provided consent can withdraw it, which may affect availability of health-related service features.
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