Users Agreement for Location Based Service
Article 1
(Purpose)
The purpose of this
User Agreement (the “Agreement”)
is to set forth the rights, obligations, responsibilities of Lord System Co.,
Ltd. (the “Company”) and its users (the “User”) in using the location-based service
(the “Service”) provided by the Company.
Article 2 (Effect and Modification of Agreement)
2.1 This Agreement comes into effect when the customer or main agent of
individual location information filing application for the Service consents
hereto and they are registered under certain process designated by the Company.
2.2 The Company give a
notice of the details of this Agreement for the User to easily know by posting on
the beginning screen of Service or in other ways.
2.3 If the Company
considers it necessary, the Company may modify this Agreement and, in such
event, the Company gives a notice stating the application date of existing and
modified version hereof and reason thereof from 7 days prior to application
date to reasonable period after application date.: Provided that, if such
modified version is disadvantageous to the User, such notice will be given at
least 30 days prior to such modification for reasonable period after
application date by posting in the homepage of Service or sending the fact of
such modification in an electronic form (including e-mail and SMS) to the User.
2.4 If, in notifying or
notifying such modified Agreement under the foregoing Paragraph 2.2, the Company
notifies or gives notice to the User that the User will be deemed to consent
thereto unless he or she fails to express an intent to reject thereto from the
date of such notice up to 7 days after execution date of modified users
agreement, but the User fails to express such intent, the User shall be deemed
to consent to such modified Agreement. Any User not consenting to the modified
Agreement may terminate the user agreement.
Article 3 (Other Rules)
Any matter which is not
set forth herein shall be determined by applicable laws and regulations including
the ‘Location Information Protection and Use Act’ (the “Location Information
Act”), the Telecommunication Business Act, and the Act on Promotion of Use of
Information Network System and Information Protection, (the “Information
Communications Network Act”) and Service Operation Policy and Rules as
designated by the Company. (the “Detailed Guidelines”)
Article
4(Prescription of Service)
4.1
If the case falls under any of the followings, the Company
may not approve the User’s application for prescription to the Service:
4.1.1
when the User files an application for such
prescription by filling out false entry including non-use of real name or use
of other name;
4.1.2 when the User omits any entry for registration or fills out a false
entry in filing an application; or
4.1.3
when the User fails to satisfy the requirements for application for use as
designated by the Company
Article
5(Termination of Service)
If
any User desires to terminate the use of Service, the User
may file an application for termination of Service through the process as
designated by the Company (the Company
will notify it through the homepage of the Service)
and the Company will promptly handle as required
in the laws and regulations.
Article 6(Description of Service)
6.1
The use of Service shall be available all year around
and 24 hours a day, in principle: Provided that the Service may be suspended temporarily for managerial
or technical reasons. If necessary for its operation, the Service may be temporarily
suspended during the period designated by the Company. In such event, the Company gives a
prior or posts a notice thereof.
6.2 The types, purpose of use and use fee of
location-based service provided by the Company are as follows:
Type:
Provision of information
Title
of Service: Provision of customized information
Description:
Service of provision of customized information for each User’s use of financial
products and service use
Purpose
of use of location information: Checking of location of franchisee/affiliates
while paying or using financial products, and provision of information of
neighboring stores, coupon, discount, goods and
advertisement
Service
fee: None (free of charge)
Article
7(Restriction and Suspension of Service Use)
7.1
If the case falls under any of the followings, Company may restrict or suspend
the use of Service by the User:
7.1.1
when the operation of Service of the Company is obstructed
arising out of willful misconduct or gross negligence of the User
7.1.2
when such restriction or suspension is inevitable due to inspection, repair or construction for equipments for Service
7.1.3
when key telecommunications service provider as defined in the
Telecommunications Business Act suspends telecommunication service
7.1.4
when the use of Service is obstructed due to national emergency, failure in
equipments for the Service, and flooded service use
7.1.5
when it is considered as improper for the Company to continue to
provide the Service due to other important reasons
7.2
Upon such restriction or suspension of use of Service under the foregoing
Paragraph 7.1, the Company shall give to the User a notice
stating the reason and restriction period thereof.
Article 8(Notice of
Modification of Service Description)
8.1
Upon the Company’s modification or termination of Service,
the
Company may inform the User of details of such modification
or termination through email to registered email address of User
8.2
If the case falls under those as set forth in the foregoing Paragraph 8.1 and should the Company inform to many unspecified Users, the Company may substitute individual notice by
posting it on the notice page
or homepage related to the Service: Provided that any matter which may have
important effect on the transactions of the User
shall be individually notified to the User in an electronic form (including
email and SMS) for a reasonable period.
Article 9(Use or Provision
of Individual Location Information)
9.1
If the Company desires to provide the Service by using individual location
information, the Company shall expressly state such intent in advance and
obtain consent from the principal thereof.
9.2
The right of the User and legal representative and method
of exercise thereof shall be based on the address of the User
as of the date of filing a suit and, if such address
does not exist, such suit shall be filed in the district court having
jurisdiction over the residence of them: Provided that, if such address or
residence of the User is not clear or for a foreign User filing
such suit, such suit shall be filed with the court which has jurisdiction under
the Civil Procedure Act.
9.3
In order to handle civil complaint raised by other service provider or
customer, the Company shall automatically record,
preserve any fact of use and provision of location information and data for
confirmation and these will be retained for 6 months.
9.4
The Company will not provide a 3rd party with any individual
location information without consent of the principal thereof and, otherwise,
will give prior notice of person receiving such information and purpose of
provision to and obtain consent from the principal of such information:
Provided that this shall not apply to the following cases:
9.4.1
When required by applicable laws and regulations or investigative agencies under
the procedure and method as prescribed in the applicable laws and regulations
for the purpose of investigation
9.5
In providing a 3rd party as designated by the User with such individual
location information, the Company shall immediately
give a notice stating the person receiving such information from the User through
relevant communication terminal device each time, date and purpose of provision
of such information.
Article 10 (Right of
Principle of individual location information)
10.1
The User may withdraw at any time the entire or part of consent to provision of
location-based service using individual location information and provision of individual
location information to a 3rd party. In such event, the Company
will destroy the materials for confirmation of the use, provision of collected individual
location information.
10.2
The User may request the Company to suspend
temporarily the collection, use or provision of individual location information
at any time and Company shall not reject thereto and be equipped with technical
means for such suspension.
10.3
The User may request the Company to allow the User
to access to or be informed of the following materials and, if such materials has any mistake, may request Company to make corrections thereof.
In such event, Company shall not reject to the request of User without
justifiable reason:
10.3.1
Materials for confirmation of fact of collection, use and provision of location
information of such principal; or
10.3.2
Reason and details of provision of individual location information of principal
under the laws including the ‘Act on Protection and Use of Location Information’
10.4
The User may request Company for use of rights as set forth in the foregoing
Paragraphs 10.1 to 10.3 through certain procedure of the Company
Article 11(Right of legal
representative)
11.1For
the User under 14, Company shall obtain consent to the provision of location-based
service using individual location information and provision to a 3rd
party of individual location information from such User and the legal
representative of such User. In such event, the legal
representative shall have all the rights of the User
as set forth in Clause 10 hereof.
11.2
If individual location information of children under 14 or use of location information
and material for confirmation of provision of such information are either used
beyond the one as stated or notified in users agreement or desired to be
provided to a 3rd party, the Company shall obtain
consent from such children and their legal representative :
Provided that this shall not apply to the following cases:
11.2.1
when such material is required; or
11.2.2
when such material is processed and provided in a form with which certain
individual cannot be identified for the purpose of preparation of statistical
data, academic research or market survey.
Article 12(Right of
Person Responsible for Protection of Children under 8 )
12.1
If the person obliged to protect any person falls under any of the following
(the “Children under 8”) consents to the use or provision of individual
location information for the protection of life and body of such children under
8, consent of principal of such information shall be deemed to be given:
12.1.1
Children under 8
12.1.2
Person having no ability to handle office affairs
12.1.3
Person who falls under severely disabled person as defined in Subparagraph 2 of
Article 2 of the Employment Promotion and Vocational Rehabilitation for
Disabled Person Act as a person having mental disorder as prescribed in Article
2(2) 2 of the Disabled Person Welfare Act (this applies only to the person who
has been registered under Article 32 of the Disabled Person Welfare Act)
12.2
Such person obliged to protect children under 8 under the foregoing Paragraph
12.1 shall be a person who actually protects such
children and falls under any of the followings:
12.2.1 legal representative of children under 8 or the guardian as
defined in Article 3 of the Act on the Duties of Guardian for Minors who is
taken care of in an institution .
12.2.2 legal representative of person
not having ability to handle office affairs
12.2.3 legal
representative of the person as set forth in Subparagraph 12.1.3 or the
director of residential institution for the disabled as prescribed in Article
58(1) 1 of the Disabled Person Welfare Act (this applies only to the
institution established and operated by the state or local government), the
director of institution for social rehabilitation for the person having mental
disorder under Article 3(4) of the Mental Health Act (this applies only to the
institution established and operated by the state or local government) and the
director of mental health care facility under Subparagraph 5 of the same
paragraph.
12.3 Any person
obliged to protect children under 8 and desiring to give a consent to the use
or provision of individual location information in order to
protect the life or body of such children shall submit to the Company documents
showing that he or her is such person along with the written consent letter
12.4 Such person
obliged to protect children under 8 who has given such consent may exercise the
entire of the right of the principal of individual location information.
Article
13(Address and Contact of Company)
13.1
The company name, address and contact of Company are as follows
Company
name: Lord System Co., Ltd.
Representative:
Yangho Jang
Address:
Room 1123, Jamsil Lysion APT, 87 Okeum-ro, Songpa-gu, Seoul, Republic of Korea
Representative
Tel. : 1833-6775
13.2
In order to properly manage and protect the individual location information and
smoothly handle complaint from the principal of individual location information,
the
Company designates and operates a person who is in the
position actually responsible for it as a responsible
person for managing location information and the name and contact of such
person are as follows:
Name:
Youn seok Park
Representative
Tel. : 1833-6775
Email
Address: wind1806@lordsystem.co.kr
Article 15 (Prohibition
of Assignment)
Any right of the User
to receive the Service shall not be transferred, given as a gift
or disposed for the purpose of providing as security.
Article 16 (Damage)
16.1
The User may file a claim for damage against the Company
if such damage is incurred by the User arising out of the Company’s
violation of Article 15 to Article 26 of the Location Information Act. In such
event, the Company shall not be discharged from its liability
for such damage unless it proves that such damage has arisen without its
willful conduct or negligence.
16.2
The Company may file a claim for damage against the User if such damage is
incurred by Company arising out of the User’s violation of this Agreement.
In such event, User shall not be discharged from liability for such damage
unless he or she proves that such damage has arisen without his or her willful
conduct or negligence.
Article 17 (Indemnification )
17.1
If the case falls under any of the followings and the Service cannot be
provided, the Company shall not be liable for the damage incurred by the User arising
out of failure to provide such Service:
17.1.1
when act of God or other equivalent force majeure occurs
17.1.2
when willful service obstruction of a 3rd party who has entered into
a service partnership agreement with the Company for providing the Service
17.1.3
when the use of Service is not available arising out of the fault of the User
17.1.4
when the use of Service is not available arising out of other causes than
willful misconduct or negligence of Company except for the case of Subparagraphs
17.1.1 to 17.1.3
17.2
The Company shall not guarantee the credibility and correctness of the Service
and information, materials and facts posted in the Service and shall not be
liable for the damage incurred by the User arising out of incredibility and incorrectness
thereof.
Article
18(Dispute Resolution and Miscellaneous)
18.1
If any dispute between Company and User in connection with the use of Service
occurs, the Company shall faithfully consult with the User
for resolving such dispute.
18.2
If the Company and the User fail to reach an agreement to resolve
such dispute, the User may file an application for dispute
settlement with the Korea Communications Commission under Article 28 of the
Location Information Act or file for dispute settlement or dispute mediation with
the Korea Communications Commission under Article 43 of the Privacy Protection
Act or the Personal Information Dispute Medication Committee.
18.3
If such dispute cannot be resolved under the foregoing Paragraph, the Company
and the User may file a suit with the court having
jurisdiction under the Civil Procedure Act.
This
Agreement shall be executed from the 1st day of June,
2019.