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Terms of Service

Terms of Service

Chapter 1. General Provisions

Article 1 (Purpose)
These Terms of Service (the “TOS”) are provided to set forth related matters to use the location information service (hereinafter, referred to as the “service”) provided by the SK Planet Co., Ltd. (hereinafter, referred to as the “service provider”).
Article 2 (Effect and change of the TOS)
  1. ① The TOS are for all customers who wish to use this service
  2. ② The contents of the TOS are effective by posting on the service screen or by notifying the customer by other means, and the customer who agrees to this service.
  3. ③ The company can change the TOS if it is deemed necessary, and when the company changes the TOS, the date of application and the reason for the change are specified and announced in the same way as in Section 2, 15 days before the date of application. However, when changing the terms that are unfavorable to the user, the notice will be announced 30 days before the effective date, and the user will be notified individually via e-mail. However, if the individual notification is difficult because the user did not enter the contact information or did not modify it after the change, the notice in this Section is regarded as an individual notification.
  4. ④ If the user fails to expressly refuse the changes by the effective date thereof, despite the notification or announcement made under Section 3 of this Article by the company regarding assumed consent by the user, unless the user’s refusal is otherwise expressed prior to the effective date, the service provider assumes that the user has agreed to the change terms. If the user does not agree to the changed terms and conditions, the user can stop using the service and cancel the use contract.
Article 3 (Rules other than TOS)
Any matters not stipulated in the TOS shall be governed by applicable laws and regulations of the Republic of Korea (“Korea”) – including without limitation the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.,the Act on Protection, Use, etc. of Location Information (hereinafter, referred to as the “Act on Location Information”), the Framework Act on Telecommunications, the Telecommunications Business Act, - and rules prescribed by the Company, including its detailed policy for the use of the Service.
Article 4 (Definitions of terms)
Definitions of terms used in the TOS are as follows, and terms not defined in the TOS are interpreted as meanings generally used by the service providers in service related information and business materials, etc.
  1. 1. “Location information service” (hereinafter referred to as “service”) refers to a service that a service provider collects location information of a personal location information subject and provides to a user who is a location-based service provider. The details are as shown in [Table 3].
  2. 2. “User”means a person who receives location information of a personal location information subject from a service provider in order to operate a location-based service provided by himself
  3. 3. “Device” is used to collect location information and refers to a dedicated device equipped with a mobile phone or GPS and communication functions.
  4. 4. “Location-based service” refers to a service using location information.
  5. 5. “Location information system” is a combination of organically linked computer hardware, software, databases and human resources in order to collect, analyze, store, use, and provide location information through the information and communications network in accordance with the provisions of Article 2, Section 1, Item 1 of the Information and Communications Network Act for the location information business and location-based service business.
  6. 6. “Personal location information subject” refers to a person identified with personal location information

Chapter 2. Service Provision and Use Contract

Article 5 (Subscription to the Service)
  1. ① In order for the customer to subscribe to the service, the user must agree to these terms and conditions, and if there are any subscription requirements (submission of subscription application and information provision agreement, etc.) specified by the service provider, the relevant requirements must be met.
  2. ② When there is an application for service subscription pursuant to Section 1 of this Article, the service subscription will complete if the service provider approves the application through a separate approval procedure. However, the service provider may refuse to approve if any of the following reasons occur.

    1. 1. If there are false entries, omissions, or errors in the subscription documents set by the service provider
    2. 2. In the case of applying for service subscription for the purpose of violating related laws or disrupting social stability, social norms.
    3. 3. If other service subscription requirements set by the service provider are not satisfied.
Article 6 (Service Fee)
  1. ① The service usage fee (including the type of fee, payment method, and the way of appeal regarding the fee) according to The TOS is as shown in [Table 2] and [Table 3].
  2. ② The service provider can charge the fee for using the paid service by following the method set by the electronic payment company contracted with the service provider or by adding it to the bill set by the service provider
  3. ③ Requests for refunds due to unauthorized use of the user's personal information, payment fraud, or requests for personal information by the payer may be rejected except as required by law.
  4. ④ Data communication charges incurred when using wireless services are separate and follow the policies of each mobile service provider.
  5. ⑤ If the fee is not paid by the specified date, the service provider will charge an additional amount equivalent to 2/100 of the fee.
Article 7 (Objection to charges)
  1. ① Users can file an objection within 6 months from the date of billing if there is an objection to the charges.
  2. ② The service provider investigates the validity of the objection in Section 1 and notifies the result of investigation to the user within 10 days.
Article 8 (Method of collecting location information)
  1. ① The service provider collects the personal information on the GPS information collected by a dedicated terminal with a built-in GPS chip and the method of [Table 1]
  2. ② When the method of collecting personal location information specified in Section 1 is changed, the service provider will notify the user of the website, etc. in advance or separately. However, if there is a reason beyond the control of the service provider and it is impossible to notify in advance, it will be notified afterwards.
Article 9 (Provision of service)
  1. ① As long as there are no special problems in the service provider's service provisioning and location information system, the service is provided 24 hours a day, 7 days a week, in principle.
  2. ② The service provider may limit, change or stop some or all of the services provided to the user until the cause is resolved when the following reasons occur. And In this regard, we are not responsible for any disadvantages incurred by users.

    1. 1. When there is a possibility or cause of uncontrollable reasons, such as natural disaster, war, riot, fire, strike, control by government agencies, etc.
    2. 2. When a telecommunications operator operating the telecommunications service necessary to provide services stops the telecommunications service, or when a service failure occurs due to telecommunications carriers' reasons
    3. 3. When it is very difficult to provide normal service due to power outage, failure of all facilities, or congestion of usage, etc.
    4. 4. When the service provider regularly checks the location information system or when a technical problem occurs in the location information system and urgent check is necessary.
    5. 5. When there is a reason that significantly impedes smooth operation of the services.
  3. ③ When limiting the use of the service in accordance with Section 2 of this Article, the service provider notifies the user as soon as possible. In particular, when the location information system is regularly inspected, the fact is notified to the user 7 days prior to the inspection enforcement date.
  4. ④ In providing services, errors may occur due to limitations of related technologies or circumstances of telecommunication services.
Article 10 (Service content change notification, etc.)
  1. ① When the service provider changes or ends the service content, the service provider can notify the user at the registered e-mail address of the change or termination of the service content.
  2. ② In the case of Section 1, when notifying to a large number of unspecified persons, it is possible to notify to the user through the notices of the service provider such as websites.
Article 11 (Restrictions and Suspension of service use)
  1. ① If the user falls under any of the following items, the service provider may limit or suspend the user's use of the service or terminate the service use contract directly.

    1. 1. When using the service to provide location-based services against laws, public order, morals, etc.
    2. 2. When intentionally or gross negligentlyinterrupting service provider's service operation.
    3. 3. In the case of conducting actions that cause errors or damage to the location information system or exploiting errors or malfunctions of the location information system.
    4. 4. In the event that provision of services or implementation of the TOS is significantly difficult due to related laws or orders, guidance, recommendations, court decisions, etc.
    5. 5. When the user does not pay the service fee on time or does not fulfill other obligations under the TOS, even if the service provider requests the correction and the user does not correct it within 30 days
    6. 6. In case of user’s default, workout, bankruptcy application, rehabilitation proceeding application, etc.
    7. 7. When there is a reason to limit or terminate the use of the service set by the agreement between the user and the service provider.
    8. 8. When it is inevitable due to service facility inspection, repair or construction
    9. 9. When the telecommunication operator prescribed in the Telecommunications Business Act stops the telecommunication service
    10. 10. If there is a problem with the use of the service due to a national emergency, service facility failure, or congestion of service use, etc.
    11. 11. In other reasonable cases, there is a reason that makes it difficult to realize this TOS smoothly
  2. ② When the service provider restricts or stops using the service in accordance with the provisions of the preceding Section, the service provider must notify the user of the reason and period of limitation, etc.

Chapter 3. Protection of location information

Article 12 (Use and protection of location information)
  1. ① When a service provider intends to provide a service using personal location information, the relevant information should be disclosed in advance in this TOS, and then the location information of the personal location information subject (hereinafter, a person who uses the user's location-based service and in case a person using a location-based service is a corporation or a group, it refers to a natural person who directly uses the location-based service as an employee, employee, agent, etc. of the corporation or group, etc., and a natural person who signs a contract with the corporation or organization and uses the location-based service directly) (hereinafter, referred to as “personal location information”) and the location information of the portable object possessed by the personal location information subject (hereinafter, referred to as the “object location information”) can be collected, used and provided.To this end, the user shall faithfully implement all the activities required by the service provider for the protection of the location information and privacy of the personal location information subject, such as allowing the user to receive prior consent for the collection, use, and provision of location information from the subject of personal location information as specified by the service provider.
  2. ② Users must follow the collection procedure prescribed by the Location Information Act when obtaining the consent of the personal location information subject regarding the collection of personal location information in accordance with the preceding Section.
  3. ③ The user is fully responsible for all legal or de facto disputes, such as objections, disputes, and litigation by the personal location information subject that the user violates in accordance with Section 1 of this Article, and the user must compensate or compensate for damages and losses incurred by the service provider in connection with such disputes.
  4. ④ The service provider makes every effort to protect personal location information in accordance with the provisions of related laws.
Article 13 (Preservation of data confirming the collection, use, and provision of personal location information)
  1. ① The service provider preserves confirmation data for 1 year regarding the collection, use, and provision of the location information by automatically recording such data on the location information system to settle fees and process complaints with other businesses or customers pursuant to Article 16, Section 2 of the Location Information Act.
  2. ② If the user or the personal location information subject withdraws its consent, in whole or part, to the collection, use or provision of the personal location information in accordance with Article 12, Section 1 of this TOS, the service provider immediately destroys the collected personal location information and data confirming the collection, use and provision of location information(In case of withdrawal of the consent in part, it is limited to the personal location information and the confirmation data of collection and provision of the location information to be withdrawn) However, if it is necessary to preserve it in accordance with the provisions of the relevant laws and regulations, it will be preserved in accordance with the laws and regulations.
  3. ③ The user must notify the service provider immediately upon receiving a request to withdraw the consent from the personal location information subject.

Chapter 4. Rights and obligations related to the provision of services

Article 14 (Service provider's obligations)
  1. ① The service provider must promptly handle the matter when the user or the personal location information subject receives a complaint regarding the service, and if it is difficult to promptly process, the reason and the processing schedule are notified to the user or the personal location information subject.
  2. ② When providing services, the service provider faithfully follows relevant laws such as the Location Information Act, the Information and Communication Network Act, the Communication Secret Protection Act, and the Telecommunications Business Act.
Article 15 (Rights of User and personal location information subject)
  1. ① Subjects of personal location information may withdraw all or part of their consent to collection, use, and provision of the personal location information as a separate notice to the service provider. At this time, the service provider destroys the collected personal location information and data confirming the use and provision of location information.
  2. ② The subject of personal location information may notify the service provider separately and request that the collection, use, and provision of his or her personal location information be temporarily suspended. The service provider cannot refuse this and has technical means to stop it.
  3. ③ The subject of personal location information may request the service provider to access, notify, or correct errors in the following items:

    1. 1. Data confirming the fact of collecting, using, and providing location information about the subject
    2. 2. Reasons and contents of personal location information provided to third parties in accordance with the provisions of the Location Information Act or other laws
  4. ④ The service provider provides the user with personal location information of the personal location information subject in accordance with the procedure established in Article 25 of the Enforcement Decree of the Location Information Act when the user requests the provision of personal location information of the personal location information subject in accordance with the preceding Section.
  5. ⑤ Users and personal location information subject may make inquiries, raise complaints or require corrections related to the service by sending mail, phone, fax, e-mail, etc. to the service provider's address, contact information, and website described in Article 19 of this TOS
Article 16 (Rights of Legal Representative)
  1. ① When the service provider wants to use and provide personal location information of a child under the age of 14 (including providing the service to a third party designated by the personal location information subject), it must get consent from the child under the age of 14 and its legal representative.
  2. ② When the service provider discloses the personal location information of the child under 14 years or confirmation data using or providing location information beyond the guided range specified in the TOS or provides it to a third party, it must get consent from the child under the age of 14 and its legal representative. However, the following cases are excluded.

    1. 1. If you need confirmation data of using or providing location information in order to settle fees for providing location information and location-based services.
    2. 2. In the case of processing and providing the information in a manner keeping a specific individual unidentifiable necessarily for statistical purposes, academic research, or market research
  3. ③ Legal representatives who consent to the use and provision of personal location information for children under the age of 14 may exercise the rights of Article 12, Section 3, Article 15, Sections 1 or 3 of this TOS.
Article 17 (Rights of the guardian for children under 8, etc.)
  1. ① Where the person responsible for protection of a person falling under the following cases ("Children under 8 years of age, etc.") consents to using or providing the personal location information on the purpose of protecting the life or body of children under 8 years, etc.,it’s deemed there is consent.

    1. 1. Children under 8
    2. 2. Person adjudicated incompetent
    3. 3. Persons with mental disabilities prescribed in Article 2, Section 2, No. 2 of the Disability Welfare Act, classified as a person with a severe disability in accordance to Article 2, No.2 of the Act on Employment Promotion and Vocational Rehabilitation of the Disabilities (Only person registered disabled in accordance with Article 29 of the Act on Welfare of the Disabled.)
  2. ② For the protection of the life or body of children under the age of 8, etc., a person responsible for protection who wishes to consent to the use or provision of personal location information must submit to the service provider with a written consent certifying that it is a person responsible for protection.
  3. ③ A person responsible for protection who agrees to use or provide personal location informationof children under 8 years of age, etc. may exercise all rights of the personal location information subject
Article 18(User's obligations)
  1. ① The user must pay the fee for use of the service by the specified date, and notify the service provider of the fact in advance when the address and contact information for the fee as notified to the service provider are changed.
  2. ② When providing or registering all necessary information for using the service, the user must provide and register complete information consistent with the current facts, and if any change occurs, it should be immediately changed and notified. In addition, the user must notify the service provider of the existence and content of consent provided by the personal location information subject collected in accordance with Article 12, Section 1 of the TOS, and if any changes occur, you must immediately change and notify. At this time, if the personal location information subject is a minor, the user must follow the procedure established by the Location Information Act, such as obtaining the consent of a legal representative. The service provider is not responsible for any loss arising from the user's violation thereof.
  3. ③ The user must manage the location information collection terminal device such as a mobile phone to operate normally in order to smoothly use the service provided by the service provider collecting the location information, and in case the location information collection terminal device does not operate normally and the collection of the personal location information by the service provider is interrupted, the user must ensure that the location information collection terminal device is repaired or replaced so that location information collection for service provision by the service provider is normally performed.
  4. ④ Users should not engage in any of the following actions

    1. 1. The act of registering or distributing materials contaminated by computer viruses that causes malfunction or destruction of equipment/facilities related to the collection of the personal location information or the destruction or confusion of the information, etc.
    2. 2. Pretending to be someone else and misrepresenting their relationship with others.
    3. 3. Distributing false information for the purpose of giving economic interests to oneself or others or inflicting damaging others
    4. 4. Any unauthorized use or leakage of personal location information of others
    5. 5. Other illegal or unfair acts
  5. ⑤ The user cannot transfer or provide the device necessary for the use of the service to a third party without permission, and must manage the device to maintain normal operation. Details regarding the use and management of the device, maintenance and repair, and after-sales service are subject to a separate agreement between the service provider and the user.
  6. ⑥ When the service provider gives the user a user ID and password to use the service, the user should not let the third party know or use the user ID and password, and the user shall be responsible for the management thereof.
  7. ⑦ Users must follow relevant laws and regulations, provisions of the TOS, the guidebook and the instructions, notices on the service, and notices provided by the service provider in connection with service use.

Chapter 5. Others

Article 19 (Customer rights)
  1. ① The service provider's name, address, and phone number, etc. for providing services in accordance with the TOS are as follows.

    1. 1. Name : SK Planet Co., Ltd.
    2. 2. Company representative: Han-Sang LEE
    3. 3. Address: The Planet, 264, Pangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea(Sampyung-dong) (postal code: 463-400)
    4. 4. Tel: 02-6119-0114
  2. ② The service provider establishes and implements technical and managerial measures to protect personal location information, and designates and operates a person who is in a position that can take real responsibility to handle complaints from the personal location information subject as the location information manager. And contact details are as follows.

    1. 1. Name : Chul-Jin Yoon
    2. 2. Status : Director of Value Creation Group
    3. 3. Tel : 02-6119-0114
    4. 4. E-mail : privacy.skp@skplanet.com
Article 20 (No Assignment)
The service provider and the user cannot transfer or provide as collateral any rights arising pursuant to this TOS to third parties without prior written approval of the other party, and cannot make any third party take over any obligations arising under this TOS.
Article 21 (Additional agreement )
The service provider and the user may make additional agreements to specify details or additional matters not described in this TOS in relation to the use of the service.
Article 22 (Indemnification)
  1. ① Users who have caused damages to the service provider in violation of the provisions of this TOS shall be liable for any damages to the service provider. At this time, the user will be liable unless it proves that there is no intention or negligence.
  2. ② The user is fully responsible for all legal or de facto disputes, including objections, disputes, and lawsuits by third parties, including the personal location information subject, that occurs in violation of the provisions of this TOS. Users must indemnify or compensate for damages and losses incurred by the service provider in connection with such disputes.
  3. ③ If the service provider intentionally or negligently infringes the provisions of Article 15 or 26 of the Location Information Act, the user or the personal location information subject may claim damages to the service provider. However, the scope of liability is limited to general damages. At this time, the service provider will be liable unless it proves that there is no intention or negligence.
Article 23 (Limitation of Liability)
  1. ① The service provider shall not be liable for any failure in normal service provision for the following reasons.

    1. 1. In case of a natural disaster or an equivalent force majeure situation.
    2. 2. In case of intentional service interruption by a third party who has entered into a service alliance agreement with the service provider to provide the service
    3. 3. Where there is a disability to use the service due to the user's fault.
    4. 4. Where there is no intentional or negligent reasons bythe service provider including Nos. 1 or 3.
  2. ② If the user violates the matters set forth in the TOS or any loss or service failure is attributable from the user or the personal location information subject, the service provider is not responsible for this.
  3. ③ The user is responsible for the management of the location information provided by the service provider and any information resulting from the use of the service, and the service provider is not responsible for the neglect, unauthorized or illegal use of such information.
  4. ④ The final judgment on the service and the information obtained by the user using the service must be made directly by the user, and the service provider does not provide any guarantee for the specific purpose or profit expected by the user through the use of the service.
  5. ⑤ The service provider does not guarantee the reliability, accuracy, etc. of information, data, and facts posted on the service and service, and accordingly is not responsible for any damages to the user.
  6. ⑥ The service provider is responsible for proving the damages in accordance with Article 23 Section 1 of this TOS, and if the service provider proves that the user or the personal location information subject has not incurred any damages due to his intention or negligence, the service provider are exempt from liability for damages related to this.
Article 24 (Interpretation of terms)
This TOS are applied fairly in accordance with the principles of good faith, and if unspecified or unclear in the interpretation of This TOS, these laws and regulations of Korea will apply.
Article 25 (Mediation of disputes)
  1. ① If the parties to a dispute related to the location information fail to reach an agreement or it is impossible to do so, the service provider can file a petition for adjudication with the Korea Communications Commission in accordance with Article 28 of the Act on the Protection and Use, etc. of Location Information, etc
  2. ② If the service provider or the user fail to reach an agreement or it is impossible to do so with respect to a dispute related to location information, the service provider or the user can file for mediation of the dispute with the Personal Information Dispute Mediation Committee in accordance with the provisions of Article 43 of the Personal Information Protection Act
Article 26 (Jurisdiction)
The rights of the user and their legal representatives and how to exercise them will follow the user's address at the time of the filing, and if there is no address, the local court having jurisdiction over the place of residence will have jurisdiction. However, if the user's address or residence is not clear at the time of the filing, or if the user is a foreign resident, it will be filed with the competent court under the Civil Procedure Act.
[Supplementary Provision]
[Supplementary Provision] (2018.7.3)
(Effective Date) This TOS shall become effective as of July 3, 2018.(View applicable version terms)
[Supplementary Provision] (2019.1.9)
(Effective Date) This TOS shall become effective as of January 9, 2019.(View applicable version terms)
[Supplementary Provision] (2019.4.26)
(Effective Date) This TOS shall become effective as of April 26, 2019.(View applicable version terms)
[Supplementary Provision] (2019.12.24)
(Effective Date) This TOS shall become effective as of December 24, 2019.

[Extra table1] How to collect location information.

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