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Location-based service terms of use

Article 1 (Purpose)

The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the Company and the Member in the use of the location-based service (hereinafter referred to as the “Service”) provided by LBS Tech Co., Ltd. (hereinafter referred to as the “Company”) by the Member (referring to a person who has agreed to these Terms and Conditions; hereinafter referred to as the “Member”).

Article 2 (Effectiveness and Modification of Terms and Conditions)
  1. These Terms and Conditions become effective when a customer or individual location information subject who has applied for the service agrees to these Terms and Conditions and registers as a user of the service in accordance with the prescribed procedures set by the Company.

  2. The Company posts the contents of these Terms and Conditions on the initial screen of the service or notifies members through other means so that members can easily understand them.

  3. The Company may amend these Terms and Conditions if deemed necessary. In the event that the Company amends the Terms and Conditions, it shall specify the existing Terms and Conditions, the amended Terms and Conditions, the effective date of the amended Terms and Conditions, and the reasons for the amendment, and post them together with the current Terms and Conditions from 7 days prior to the effective date until a considerable period after the effective date. However, if the amendment is unfavorable to the Member, the Company shall notify the Member by posting them on the Service website from 30 days prior to the effective date until a considerable period after the effective date.

  4. If the Company, while providing notice or announcement to the Member pursuant to the preceding paragraph, clearly notifies that failure to express an intent to refuse within 7 days after the effective date of the revised Terms and Conditions will be deemed as acceptance, and there is no expression of intent to refuse, the Member shall be deemed to have accepted the amended Terms and Conditions. If the Member does not agree to the revised Terms and Conditions, the Member may terminate the Service Agreement.

Article 3 (Rules other than the Terms and Conditions)

Matters not stipulated in these Terms and Conditions shall be governed by the provisions of relevant laws and regulations, such as the Act on the Protection and Use of Location Information (hereinafter referred to as the “Location Information Act”), the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Protection (hereinafter referred to as the “Information and Communications Network Act”), and the Personal Information Protection Act, or the Service Operation Policies and Rules, etc. established by the Company (hereinafter referred to as the “Detailed Guidelines”).

Article 4 (Service Registration)
  1. Members can become users of the service by agreeing to these Terms and Conditions and applying for membership.

  2. The Company may withhold approval of a member's application for service subscription in the following cases.

   

  • In cases where an application is made falsely, such as using a false name or another person's name.

  • If you apply by omitting or incorrectly entering membership registration details

  • If other application requirements set by the company are not met

Article 5 (Termination of Service)

If a member wishes to terminate the use of the service, the member may apply for service termination through the procedures established by the Company (announced via the service website, etc.) , and the Company will process the request promptly in accordance with applicable laws.

Article 6 (Description of Services)
  1. In principle, the Service is available 24 hours a day, 365 days a year. However, the Service may be temporarily suspended for business or technical reasons, and may also be temporarily suspended for a period determined by the Company for operational purposes. In such cases, the Company will provide notice beforehand or afterward.

  2. Depending on the device's settings, the Company may directly receive location information in the format of latitude and longitude coordinates from location information providers or collect location information included in specific posts or content saved by the user at specific times when a member launches or uses the app, or when a member activates specific services within the app or performs actions such as route guidance. The Company collects and uses personal location information within the minimum scope necessary to provide location-based services and may convert said location information into a value indicating whether it belongs to a predefined specific zone unit or a specific administrative district unit.

  3. The types and details of the services provided by the Company based on this location information are as follows. However, the Company may suspend or change some of the services exemplified below for managerial or business reasons, and will take measures regarding this in accordance with relevant laws and regulations and these Terms and Conditions.

    • Provision of accessibility information: Displaying members' location information on map services to provide accessibility information for the relevant area (buildings, stores, etc.).

    • Provision or recommendation of in-service content: Utilized for providing or recommending various in-app content based on a member's location information or whether it belongs to a specific area or administrative district.

    • Enhancement of Service Provision: Defines areas of interest, activity zones, and estimated routes based on statistical and anonymized forms of members' location information, and utilizes this to provide and enhance various application services such as search, recommendations, and content display.

  4. In accordance with Article 16, Paragraph 2 of the Act on the Protection and Use of Location Information, the Company automatically records and preserves verification data regarding the collection, use, and provision of location information in the location information system, and retains such data for the period prescribed by law.

  5. The Company destroys the relevant personal location information without delay when the purpose of its collection, use, or provision is achieved, when the Service is terminated, or when a customer withdraws their consent to the use of personal location information through methods such as membership withdrawal. However, if otherwise stipulated in the Act on the Protection and Use of Location Information, etc., or if retention is required under other laws, the information shall be retained for the corresponding period.

Article 7 (Service Fees)
  1. The services provided by the Company are generally either paid or free. However, for separate paid services, usage is possible only after paying the fees specified for the relevant service.

  2. The company may charge for the use of paid services by the method determined by the electronic payment provider contracted with the company, or by adding them to an invoice determined by the company.

  3. Cancellation and refund of payments made through the use of paid services are subject to the Company's payment terms and conditions and other relevant laws and regulations.

  4. Requests for refunds due to identity theft or payment fraud, or requests for the payer's personal information, may be refused except as required by law.

  5. Data communication charges incurred when using wireless services are separate and subject to the policies of each mobile carrier subscribed to by the member.

  6. Charges incurred when registering posts via MMS, etc., are subject to the policies of each mobile carrier subscribed to by the member.

Article 8 (Restriction on Use and Suspension of Service)
  1. The Company may restrict or suspend a member's use of the Service in any of the following cases:

    • If a member interferes with the operation of the Company's services through intent or gross negligence

    • In unavoidable cases due to inspection, maintenance, or construction of service facilities

    • In the case where a key telecommunications business operator, as defined in the Telecommunications Business Act, suspends telecommunications services

    • When there is an impediment to the use of the service due to a national emergency, failure of service facilities, or excessive use of the service

    • If the Company deems it inappropriate to continue providing the service due to other significant reasons

  2. If the Company restricts or suspends the use of the Service pursuant to the provisions of the preceding paragraph, it shall notify the Member of the reason and the period of restriction, etc.

Article 9 (Notice of Changes to or Termination of Services)
  1. In the event that the Company changes or terminates the Service, it may provide notice of such changes or termination through the Service website or other official notice channels operated by the Company.

  2. However, matters that significantly affect a member’s transactions shall be posted on the Service website for a reasonable period of time or individually notified to the member in electronic form (e.g., email, SMS).

Article 10 (Use or Provision of Personal Location Information)
  1. If the company intends to provide services using personal location information, it must specify this in the terms and conditions in advance and obtain consent based on the voluntary will of the personal location information subject.

  2. In cases where the Company provides personal location information to a third party designated by the member, it notifies the member in advance of the recipient, the purpose of provision, the items provided, and the retention and usage period, and obtains consent.

  3. In cases where personal location information is provided to a third party designated by the member pursuant to Paragraph 2, the member shall be immediately notified of the recipient, the date and time of provision, and the purpose of provision (hereinafter referred to as “Information Provision Details”) for each instance via the relevant communication terminal device or email address, etc., that collected the personal location information.

  4. However, in cases falling under any of the following subparagraphs, notification will be provided to the communication terminal device or email address, etc., specifically designated in advance by the member.

    • In cases where the communication terminal device that collected personal location information does not have the function of receiving text, voice, or video

    • If a member has requested in advance that notification be sent to a communication device other than the communication device that collected the personal location information, or to an email address, etc.

  5. If a member gives consent pursuant to Paragraphs 1 and 2, the member may reserve consent regarding the purpose of use and provision, the scope of recipients, some of the contents of the location-based service terms and conditions, and the method of notification in the case of providing the member's personal location information to a third party.

  6. The Company may not use personal location information or data confirming the use or provision of location information beyond the scope specified or notified in the Terms of Service, or provide it to a third party, except where the member has consented or falls under any of the following subparagraphs.

    • When verification data regarding the use and provision of location information is required for billing purposes related to the provision of location-based services

    • In cases where data is processed and provided in a form that prevents the identification of specific individuals for the purpose of statistical compilation, academic research, or market research.

Article 11 (Rights of the Personal Location Information Subject)
  1. Members may withdraw their consent to the Company at any time, in whole or in part, regarding the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the Company will destroy the collected personal location information and records confirming the use and provision of location information.

  2. Members may request the Company to temporarily suspend the collection, use, or provision of personal location information at any time, and the Company may not refuse such request and is equipped with the technical means to do so.

  3. Members may request the Company to allow access to or provide notification regarding the materials listed in each of the following subparagraphs, and may request correction if there are errors in such materials. In this case, the Company may not refuse the Member's request without justifiable grounds.

    • Confirmation of the collection, use, and provision of location information regarding oneself

    • The reason and content of the provision of one's personal location information to a third party pursuant to the Act on the Protection and Use of Location Information, etc. or other legal provisions

  4. Members may request the exercise of the rights under Paragraphs 1 through 3 through the Company's prescribed procedures.

Article 12 (Rights of Legal Representatives)
  1. For members under the age of 14, the Company must obtain consent from the member concerned and their legal representative regarding the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the legal representative shall have all the rights of the member pursuant to Article 11.

  2. If the Company intends to use the personal location information of a child under the age of 14, or the data confirming the use or provision of location information, beyond the scope specified or notified in the Terms of Service, or to provide it to a third party, it must obtain the consent of the child under the age of 14 and their legal representative. However, the following cases are excluded.

    • When verification data regarding the use and provision of location information is required for billing purposes related to the provision of location information and location-based services

    • In cases where data is processed and provided in a form that prevents the identification of specific individuals for the purpose of statistical compilation, academic research, or market research.

Article 13 (Rights of Guardians of Children Under the Age of 8, etc.)
  1. Notwithstanding the preceding Article, if a guardian of a person falling under the following cases (hereinafter referred to as “children aged 8 or younger, etc.”) consents to the use or provision of personal location information for the protection of the life or physical safety of the children aged 8 or younger, etc., it shall be deemed that the person has consented.

    • Children aged 8 or younger

    • Person under guardianship

    • Persons with a mental disability pursuant to Article 2, Paragraph 2, Subparagraph 2 of the Welfare of Persons with Disabilities Act who qualify as persons with severe disabilities pursuant to Article 2, Subparagraph 2 of the Act on Promotion of Employment and Vocational Rehabilitation of Persons with Disabilities (limited to those who have registered as persons with disabilities pursuant to Article 32 of the Welfare of Persons with Disabilities Act)

  2. A person with a duty of care for a child aged 8 or younger pursuant to the provisions of the preceding paragraph refers to a person who actually cares for the said child and falls under any of the following subparagraphs.

    • A legal representative of a child aged 8 or younger, or a guardian pursuant to Article 3 of the Act on the Duties of Guardianship for Minors in a Protective Facility

    • legal representative of a person under guardianship

    • The legal representative of the person referred to in Subparagraph 3 of Paragraph 1 of this Article, or the head of a residential facility for persons with disabilities pursuant to Article 58, Paragraph 1, Subparagraph 1 of the Welfare of Persons with Disabilities Act (limited to facilities established and operated by the State or local governments), the head of a social rehabilitation facility for persons with mental illness pursuant to Article 3, Subparagraph 4 of the Mental Health Act (limited to facilities established and operated by the State or local governments), or the head of a mental health care facility pursuant to Subparagraph 5 of the same Article.

  3. A guardian who wishes to consent to the use or provision of personal location information for the protection of the life or body of a child aged 8 or younger must submit a written consent form to the company, along with a document proving that they are a guardian.

  4. If a guardian consents to the use or provision of personal location information of children aged 8 or younger, etc., they may exercise all of the rights of the personal location information subject.

Article 14 (Company Address and Contact Information, etc.)
  1. The Company’s name, address, and contact information are as follows:

    • Company Name: LBS Tech Co., Ltd.

    • CEO: Siwan Lee

    • Address: Room 308, Jinyang Building, 47 Gyeonggi-daero, Seodaemun-gu, Seoul, Republic of Korea

    • Tel: +82-70-8667-0706

  1. The Company designates a person in a position of substantive responsibility as the Personal Location Information Protection Officer to ensure the proper management and protection of personal location information and to handle complaints from data subjects efficiently. The name and contact details of the officer are as follows:

Article 15 (Compensation for Damages)

If a member suffers damages due to the Company’s violation of Articles 15 through 26 of the Location Information Act, the member may claim compensation for such damages from the Company. In such cases, the Company shall not be exempt from liability unless it proves that there was no intent or negligence.

Article 16 (Disclaimer of Liability)
  1. The Company shall not be liable for any damages incurred by the Member resulting from its inability to provide the Service in any of the following cases:

    • In the event of a natural disaster or a force majeure situation equivalent thereto

    • In the event of intentional interference with the service by a third party that has entered into a service partnership agreement with the Company for the provision of the service

    • 4) Cases where there is an impairment in the use of the service due to reasons attributable to the member; 5) Cases caused by reasons other than those in subparagraphs 1 through 3 where there is no intent or negligence on the part of the Company.

  2. The Company does not guarantee the reliability, accuracy, etc., of the Service or the information, materials, and facts posted on the Service, and shall not be liable for any damages incurred by Members as a result thereof.

제17조 (분쟁의 조정 및 기타)
  1. If a dispute arises between the Company and a Member regarding the use of the Service, the Company will consult in good faith with the Member to resolve the dispute.

  2. If the dispute is not resolved through the consultation under the preceding paragraph, the Company and the Member may apply for arbitration to the Korea Communications Commission pursuant to Article 28 of the Location Information Act, or apply for arbitration or dispute mediation to the Korea Communications Commission or the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.

  3. If the dispute is not resolved even by the preceding paragraph, both the Company and the Member may file a lawsuit with the competent court under the Civil Procedure Act.

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