Article 1. Purpose
The purpose of this Agreement is to prescribe rights, obligations, responsibilities, and other necessary matters concerning the use of location information between the company and those who intend to use the service (hereinafter referred to as “members”) in connection with the location-based services provided by RainbirdGEO (the “Company”).
Article 2. The Effectiveness and Revision of Terms and Conditions
① These terms and conditions are for all members who want to use this service, and they become effective when members agree to these terms and conditions and the company agrees.
② The company considers that if a member expresses his/her consent to confirm the use of location-based services on the company’s web page or an application provided by the company, the user has read all the contents of these terms and conditions and has fully understood and agreed to apply it.
③ The company may amend these terms and conditions to the extent that it does not violate the relevant statutes, such as the Act on the Protection and Use of Location Information, the Promotion of Content Industry, the Act on the Protection of Consumers in Electronic Commerce, and the Act on the Regulation of the Terms and Conditions of the Framework Act on Consumers.
④ If the company amends the terms and conditions, it shall notify the users of the amendment by specifying the application date and the reason for the amendment of the amended terms and conditions for a considerable period from 10 days before the application date, and if the amendment is unfavorable to the users, it shall be posted on the service web page 30 days before the application date, or the amendment shall be sent to the users in electronic form.
⑤ If the company notifies the user according to the previous paragraph and does not express its intention to reject the contract seven days after the date of notification or notice, the company shall be deemed to have approved the terms and conditions of use. If the user does not agree to the revised terms and conditions, the user may terminate the service contract.
Article 3. Application of Relevant Acts
Matters not prescribed in these terms and conditions shall be governed by the provisions of the relevant statutes, such as the Act on the Protection and Utilization of Location Information, the Telecommunications Business Act, the Act on the Promotion and Protection of Information and Communication Networks, the Personal Information Protection Act, or the operating policies and rules of services separately determined by the company.
Article 4. Use or provision of personal location information
① If the company intends to provide services using personal location information, it shall obtain consent from the personal location information subject after specifying it in the terms and conditions in advance.
② The rights of members and legal representatives and the method of event shall be based on the user’s address at the time of filing a complaint, and if there is no address, it shall be the exclusive jurisdiction of the local court having jurisdiction over the residence. However, if the user’s address or residence is not clear at the time of filing a complaint, or in the case of a foreign resident, it shall be filed with the competent court under the Civil Procedure Act.
Article 5. Immediate notification to provider in case personal location information is provided to the third party
① The company does not provide personal location information to third parties without the consent of the personal location information subject. In the case of providing a third party service, it shall notify the recipient and the purpose of the provision to the personal location information subject in advance and obtain consent. However, the following cases are excluded.
1. Where there is a request from a private institution in accordance with the provisions of the statute or in accordance with the procedures and methods prescribed by the statute for investigation purposes.
2. When the company provides personal location information to a third party designated by the member, it immediately notifies the member of the date and time of provision and the purpose of provision of personal location information.
3. However, in cases falling under any of the following, the member shall notify the designated communication terminal device or email address in advance.
• In the event that the communication terminal device that collects personal location information does not have a reception
function of text, voice or video,
• In case a member requests notification in advance by posting online, etc.
4. In the case of paragraph 3, the company shall not be held liable for any disadvantages caused by the member’s failure to notify the company or to comply with the company’s instructions.
Article 6. Rights of Personal Location Information Subjects
① A member may withdraw all or part of his/her consent to the company’s provision of location-based services and third-party provision of personal location information at any time. In this case, the company destroys the collected personal location information, location information, and data confirming the fact that the information is provided.
② The members may request the company to temporarily suspend the collection, use or provision of personal location information at any time, and the company cannot refuse to do so and has technical means to do so.
③ A member may request the company to read or notify the following data, and if there is an error in the data, he/she may request the company to correct it. In this case, the company cannot refuse the member’s request without justifiable reasons.
1. Data on the collection, utilization, and verification of location information for oneself
2. Reasons and details of personal location information provided to third parties under the Act on the Protection, Utilization, etc. of Location Information or other legal regulations;
④ Personal location information entities may request the company to exercise its rights under Paragraphs 1 to 3 of Article 6 through a prescribed procedure.
Article 7. Designation of location information manager
The company has designated and operated a person in a position who can take actual responsibility for properly managing and protecting personal location information and smoothly handling complaints from the personal location information subject as the location information manager, and the name and contact of the person in charge of location information management are as follows.
Name: Lee, Do-Hun
Contact: 02-3277-4461, firstname.lastname@example.org
※ It is connected to the department in charge of location information management.
Announcement date: August 24, 2020
Effective Date: August 24, 2020