The short answer is possibly. The long answer. We don't know however it's possible. Bassically at this point we are not entirely sure what info is and is not sent to Nintendo and we don't know enough about there banning policies to say. However if you are even kind of concerned about being banned I would HIGHLY ADVISE AGAINST USING AN ACCOUNT ON BOTH A LEGIT AND A HACKED DEVICE as while we don't know yet it isn't worth risking till we do know more about there policies and banning systems.