The Nintendo 3DS also keeps track of the games users play along with any data or information created while using the device, [...] including personal data such as any name, address or other information they enter as well as "age, gender, geographic area, game play data, online status, Nintendo 3DS System serial number and device ID, device certificate information, cookies, Friend Codes, wireless access point information, Internet Protocol ('IP') address, and Media Access Control ('MAC') address," [according to] the Nintendo 3DS System Privacy Policy. Such practices are particularly worrisome when children use the devices, the FSF notes.
Nintendo also collects "User Content, [...] which they define as all 'comments, messages, images, photos, movies, information, data and other content'," it explains, quoting the Nintendo 3DS End User License Agreement.
Nintendo then goes on to assert that users "grant to Nintendo a worldwide, royalty-free, irrevocable, perpetual, non-exclusive and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in whole or in part and to incorporate your User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes," the FSF points out.
