Chapter 1 General Provisions
Article 1 (Purpose)
Article 2 (Effect and Change of TOU)
① The TOU is provided to state the rights, obligations and other related matters applicable to the Company and the Customer in regards to all customers who use the Service developed and provided by the Company.
② The TOU shall become effective on the date when the Customer posts on the service screen, main homepage or other means.
③ The Company may amend the TOU when it deems necessary, and in such cases, Customers will be notified of such amendments to the TOU with the effective date and reason for amendment specified through a posting on the service screen or main homepage at least thirty (30) days prior to such amendment takes effect. Notwithstanding the foregoing, any amendments to the TOU that prejudice obligations or rights of Customers will be clearly notified by electronic means such as the e-mail address registered by the Customer, memo, agreement pop up when logging in, etc. or other means including sending a bill containing such amendments.
④ If the Customer fails to expressly refuse the amendment by the effective date thereof, despite the notification or announcement made by the Company, it will be assumed that the Customer consents to the amendment.
⑤ The Customer may cease to use the Service and terminate the Service Use Contract if the Customer does not consent to the amended TOU. If there is a specific reason the Company cannot apply the existing TOU, the Company may terminate the Service Use Contract.
Article 3 (Rules other than TOU)
Any matters not stipulated in the TOU shall be governed by applicable laws and regulations of the Republic of Korea (“Korea”) including and without limitation, the Act on Protection and Use of Location Based Information (hereinafter, referred to as the “Act on Location Information”), the Telecommunications Business Act, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Consumer Protection in Electronic Commerce Transactions and rules prescribed by the Company, including its detailed policy for the use of the Service.
Article 4 (Provision of Service)
① The Company shall provide Location Based Service including personal location finding, location finding of the third party, etc. to Customers. For unavoidable reasons, the Company may change, delay or not provide schedules and methods to offer each service.
② The Company shall use the personal location information that is collected by way of the built-in GPS chip and the [Appendix 4] for the service that is provided by the Company.
Chapter 2. Service Use Contract
Article 5 (Effectiveness of Service Use Contract)
① A Service Use Contract will become effective once a potential Customer consents to the TOU for Service by selecting "I agree" or signs a written application form for Service use by checking "I agree" on the form via the Internet.
② The Service Use Contract will become effective once the Company approves the application for the use of Service for the Customer described under Article 6.
Article 6 (Application for the Use of Service)
Application for the Use of Service will be made by writing down and checking the following details according to online method via wire• wireless Internet or other means separately designated by the Company.
2. Name (Nickname)
3. Mobile Phone Number
4. Other matters required by the Company
5. Device Information
Article 7 (Approval and Restriction of the Application for the Use of Service)
① The Company may approve the application for the use of Service of Customers except for the cases in Section 2 and 3 of this Article.
② The Company may postpone the decision to approve the application in any of the following cases:
1. In case there is a of lack of facilities used for the Service
2. In case the Service cannot be provided from a technology perspective
3. In case the Service may affect other services of the Company
4. In case it is difficult to approve the use of Service due to other reasons
③ The Company may refuse to approve the application for the use of Service in any of the following cases:
1. Application for membership is made using a false name or the name of another person;
2. Application for membership includes a false statement in the customer registration item;
3. Application for membership disrupts social stability, order or social norms; or
4. Application for membership fails to meet the requirements for the use of Service stipulated by the Company.
④ The Company may limit, stop or terminate the use of Service if it later recognizes that the application for the use of Service by a Customer is under Section 3 of this Article.
Article 8 (Change of Information on Service Use Contract)
The Customer shall update his/her membership information immediately in the event of any change of information provided when applying via Internet or other means designated by the Company.
Article 8-2 (Level of the Service)
① The Service is available 24 hours a day, 7 days a week, as a general rule. However, the Service may be suspended temporarily for reasons related to the Company’s business or technological issues, or for a certain period of time prescribed by the Company for management purposes. In such cases, the Company shall notify the Member of the details in advance or thereafter.
② The location information may include errors in accordance with advancement of related technology. Company shall not be liable for errors that can be usually generated by the Company’s technology.
Article 8-3 (Change and Suspension of Service)
① The Company may restrict, change or suspend the Service, in whole or in part, in any of the following circumstances:
1. When restriction, change or suspension is necessary due to maintenance, including repair of equipment/facilities for the Service;
2. When normal use of the Service is interrupted due to power failure, breakdown of equipment/facilities, congestion of usage, etc.
3. When it is not possible to maintain the Service due to various conditions, such as expiration of the contract with a service provider or legal obstacle; or
4. When it is not possible to maintain the Service due to force majeure events, including Acts of God, national emergency, amendment s to legislations, decision, disposition and order of national organizations, etc.
② In the event that the Company suspends the Service under Section 1 of this Article, the Company shall notify the user of such events or post an announcement online like homepage, service screen via Internet, etc.; provided, however, that the requirement to provide prior notice is inapplicable when such prior notice is impossible due to suspension of the Service caused by reasons beyond control of the Company, the Company shall notify the user thereafter.
Article 8-4 (Obligations of Customer)
① A Customer shall not conduct any of the following when using the Service:
1. Filling in a false statement or sending it to the Company when applying for or changing the use of Service
2. Defamation of others or causing any damages to others
3. Distributing information, text, image, voice that includes contents which disrupt social stability, order or social norms to others
4. Registering or distributing materials contaminated by computer viruses which may cause the malfunctioning of equipment /facilities related to Service or the destruction and confusion of information, etc.
5. Lying about his/her identity or falsely representing his/her relationship with others
6. Any other illegal or unfair acts including interfering with the company's business or not complying with the TOU, applicable regulations, guidelines or notice
② A Customer shall pay the fee in accordance with the Contract of Use of Service until the appointed day, and shall notify the Company in case of a change in notified billing address and contact.
③ A Customer shall provide and register complete information corresponding to existing facts in case of provision and registration of information needed for the use of Service, and shall immediately update such information if any change occurs.
④ The Company shall not be liable for any problems generated in the event that the Customer did not notify information changes or update applicable information by violating Section 2 or 3 of this Article. The Company may restrict, change or suspend the Service in the event that the Customer did conduct anything stipulated under Section 1 of this Article.
Article 8-5 (Service Charges)
① Service Charges refers to charges which the Customer pays for Service.
② Service Charges also refers to charges which the Company charges for charged services, item sales services, etc. to the Customer once the Customer pa ys for service charges. Services are provided for free unless otherwise indicated. In the event that the Customer uses charged services, the Company provides applicable services after encouraging the Customer to agree with the charged service and payment.
③ Paid services are charged with the virtual currency called ' heart ' , and the validity of the virtual currency 'Heart ' is five years, after five years expires automatically.
④ Virtual currency 'Heart ' is only refundable within 7 days to the one who charged ‘heart’ for oneself, You must submit the required certification and necessary documents for refund. However, the payment fee of 10% will be excluded.
⑤ If you want a refund the purchased service items that you paid with ‘ Heart ’, exclude the amount calculated on a pro rata number of days with item price and refund with the ‘ Heart ’, if you purchased package goods that are applied with the dicsount rate of the various items, refund will be with the ‘ Heart ’ exclude the obtained profit by the use of the service.
⑥ Terms and Conditions of Service Charges are as [Annex 3]
Article 8-6 (Service fee for the company)
① Costs and charges of service are the payment for the enterprise to use the service.
② The cost of using services for the enterprise is paid services by default and the enterprise can have free period for the initial installation.
③ Terminating the contract, charges will be calculated then it will be refunded.
④ Terms and Conditions of Service Charges are as [Annex 3].
Article 8-7 (Method of collecting location information)
① The company also collects personal information and GPS location information by way of [Annex 4] which is collected by the GPS chip embedded devices.
② When a change is the method of collecting personal location information set out in the company 1 separate notice or notify users in advance like home . However, in the reason you can not control it occurs when a company advertises impossible to notice the fact.
Chapter 3 Rights of Body of Personal Location Information
Article 9 (on the Use of Location Information of Customer)
① The Company shall obtain consent from body of personal location information in advance in case it provides services to Customers by using personal location information.
② The body of personal location information may suspend his/her consent in part stipulated by the TOU in the case that the Customer consents to the above mentioned Section 1 of this Article.
③ The company can use the information for the purpose to be a safety and prevent loss of important commodity If the company tries to the services to be provided to the third party that individual location information subject specify, and provide their location information to the user in a group that personal location information subject has agreed to participate by setting.
④ In the event that the Company provides personal location information to third parties designated by body of personal location information, the Company shall inform respective members in advance regarding for whom and what and why the information is provided. The Customer may suspend his/her consent to the use and purpose of provision of personal location information and parts of location based service in case the Customer consents to details stipulated in Section 1 and 3 of this Article.
Article 10 (Limitation on Use and Provision of Personal Location Information, etc.)
1. If settlement of the membership fee according to service provision including location information, location based service, etc. is required;
2. If required for a statistical survey, academic research, or market survey. In this case, personal information will be processed in a form inaccessible by unauthorized persons before its transmitted to third parties;
Article 11 (Rights of Body of Personal Location Information)
① The body of personal location information (" The Customer") may withdraw his/her consent to the use and collection of Personal Location Information by the Company in whole or part in accordance with Section 1 and 3 of Article 9.
② The Customer may temporarily suspend his/her consent to the use and collection of Personal Location Information by the Company at any time. In that case, the Company shall not reject the request of Customer and take applicable technical measures.
③ The Customer may request the Company for access or notification of any data of the following and request a correction on applicable information in the event that applicable data has errors. The company shall not reject the Customer's request without one of the following just reasons:
1. Confirmation data about the use and provision of Personal Location Information
2. The reason and detail about the provision of Customer’s Personal Location Information to the third parties
④ The Company shall destroy all materials that check the use and provision of location information (In case the Customer withdraw his/her consent to the use and provision of personal location information in part, only applicable information is destroyed) in case the Customer may withdraw his/her consent to the use and collection of Personal Location Information in whole or part in accordance with Section 1 of this Article.
⑤ The body of personal location information may apply for requirements by visit, phone, Internet, etc. to exercise his/her rights in accordance with this Article.
Article 12 (Rights of Legal Representative)
① In case the Company uses or provides Personal Location Information of children under 14 years of age in accordance with Section 1 and 3 of Article 9 or Article 10 (Including providing the service to the third party designated by the Customer), the Company shall obtain consent from his/her legal representative.
1. If settlement of the membership fee according to service provision including location information, location based service, etc. is required;
2. If required for a statistical survey, academic research, or market survey. In this case, personal information will be processed in a form inaccessible by unauthorized persons before its transmission to third parties;
③ In accordance with Section 1 of this Article, Section 2 of Article 9 and Article 11 of this TOU are applied in case the legal representative of a Customer under 14 years of age consents. In this case, the legal representative is deemed the Customer.
Article 13 (Use of Location Information for Protection of children under 8 years of age)
① The Company assumes user’s consent if the person responsible for protection of a person in any case of the following (hereinafter, referred to as “Children under 8 years of age etc”) consents to collection, use and provision of Personal Location Information on the purpose of protecting the life or body of children under 8 years of age etc:
1. Children under 8 years of age
2. Person determined incompetent
3. Person with mental disability in accordance with Article 2, Section 2, No. 2 of the Act on Welfare of the Disabled, also applicable to the term ‘Severely Disabled’ in accordance to Article 2, No.2 of the Act on Promotion of Hiring the Disabled and Occupational Rehabilitation (Only person registered disabled in accordance with Article 32 of the Act on Welfare of the Disabled.)
② The person responsible for protection of children under 8 years of age etc. in accordance with Section 1, is a person in fact protecting children under 8 years of age etc. in any of the following cases:
1. Legal representative of children under 8 years of age or guardian in accordance with Article 3 of the Act on Guardianship of Underage Person Residing in Protection Facility
2. Legal representative of person determined incompetent
3. Legal representative of person referring to Section 1, No. 3 of this Article or superintendent of residence facility for the disabled (only facilities established and operated by the state or local government) in accordance with Article 58, Section 1, No. 1 of the Act on Welfare of the Disabled, superintendent of social rehabilitation facility (only facilities established and operated by the state or local government) in accordance with Article 3, No.4 of the Act on Mental Health, as well as superintendent of mental nursing facility in accordance with Article 3, No. 5 of the Act on Mental Health
③ Article 9 or Article 11 is applied in case that the person responsible for protection consents in accordance with Section 2 of this Article. In this case, the person responsible for protection is deemed the Customer.
Article 14 (Notification to the Customer whose Location Information is Provided to Third Parties)
① In the event that Customer’s Personal Location Information is provided to third parties specified by the Customer, the Company shall promptly notify the Customer about the party provided with the information, date of provision and purpose of provision via SMS.
② The Company shall notify Customer by mobile phone device specified by the Customer, or e-mail address in any of the following.
1. In the case the telecommunication device which collected Personal Location Information does not feature SMS, voice or video receiving functions
2. In the case the body of Personal Location Information has requested the Company in advance to notify him/her by telecommunication device other than telecommunication device which collected Personal Location Information or e-mail address, etc.
Chapter 4 Retention Basis and Period of Provision and Use of Location Information
Article 15 (Retention and Destruction Of Personal Location Information)
① The Company shall automatically record confirmation data about the use and provision of Personal Location Information of Customers on its location information system in accordance with Article 16, Section 2 of the Act on Protection and Use of Location Information for the purpose of calculating service charges and handling VOCs.
② The Company shall keep confirmation data about the use and provision of Personal Location Information of Customers on its location information system for three months from the time of recording data and immediately destroy all other personal location information except the date mentioned above. However, the Company shall preserve data in case of need for retention in accordance with The Basic Law for National Taxes, the Corporate Tax Act, The Act on Value Added Tax and other related laws.
③ In case of the use of Customer’s Personal Location Information, the Company shall preserve data in case of need for retention of customer’s Personal Location Information for 6 months from recording for the purpose of calculating service charges and handling customer, and destroy the same information immediately after 6 months expiration.
Charter 5 Details of Location Based Service
Article 16 (Service)
① The Company provides the following services.
1. FAMY (www.myfamy.com) Web Service and Mobile Web Service
2. FAMY (www.myfamy.com) Smart phone Application
3. CATCH LOC(www.catchloc.com) Web Service & Mobile Web Service
4. CATCH LOC(www.catchloc.com) Smart phone Application
5. I AM HERE WHERE ARE YOU Smart phone Application
② The Company provides the following services by using location and status information provided from Customers
1. Displaying location information of Customers who consent to the use of personal location information
2. Displaying location information of Customers who consent to the use of personal location information on a map and list screen
3. Displaying location paths of Customers who consent to the use of personal location information on a map and list screen every hour
4. Making a silent call to Customers who consent to the use of personal location information according to location and status information of Customers
5. Displa ying surrounded location devices (ex. Beacon, Wi-Fi devices etc.) information that agreed member’s cell-phone
6. Displaying location information that are transmitted through the GPS Tracker with consent of members
Chapter 6 Indemnification and Limitation of Liability
Article 17 (Indemnification)
① The Customer may claim for any and all damages in connection with the Company’s unlawful acts against Article 15 or 26 of the Act on Protection and Use of Location Based Information.
② The Customer shall indemnify the Company for any damages due to the Customer’s unlawful acts or breach of the TOU in the course of his/her use of the Service.
Article 18 (Dispute Resolution)
① Any dispute between the Company and the Customer in connection with the use of Service will be discussed by them in good faith to seek an amicable resolution.
② Any dispute which has not been resolved through discussion under Section 1 of this Article may be submitted to the jurisdiction of and resolved before Korea Communications Commission for dispute mediation stipulated under Article 28 of the Act on Protection and Use of Location Based Information or before the Personal Information Dispute Coordination committee for dispute mediation in accordance with Article 43 of the Act on the Protection of Personal Information.
Article 19 (Limitation of Liability)
① The Company shall not be liable for any failure to provide this Service due to an act of God or any force majeure event.
② The Company shall not be liable for any interruption of the use of Service due to a reason attributable to the Customer.
③ In no event shall the Company be liable to the customer for any loss of expected profits from the use of this Service or any damage due to materials obtained through this Service.
④ The Company shall not be liable for any failure to provide this Service due to unavoidable reasons like its unique characteristics of telecommunications service including having shadow areas that cannot be expected due to straight or diffracted radio waves, improving the performance of equipment, etc.
Chapter 7. Others
Article 20 (A Person in Charge of Location Information Management)
① The Company shall designate a person in charge of location information management who properly manages and protects location information and has full responsibility of handling Customer complaints.
② The person in charge of location information management is a team leader of the department in charge of provision of Location Based Service, and its details are same as Appendix 2 as below.
(Effective Date) This TOU shall become effective as of July 30, 2013.
(Effective Date) This TOU shall become effective as of October 23, 2014.
(Effective Date) This TOU shall become effective as of August 7, 2015.
(Effective Date) This TOU shall become effective as of March 16, 2016.
(Effective Date) This TOU shall become effective as of June 30, 2016.
[Appendix 1] *Contract of the Company *
Company Name : SPACOSA Corporation
E-mail : email@example.com
[Appendix 2] *Person in charge of location information management *
Company : SPACOSA Corporation
E-mail : firstname.lastname@example.org
[Annex 3] *Service charges and conditions*
1. Service Fees for Company
|Collect & share the location of a fixed target||Montly US 10$ / target|
|Collect & share the location of unspecified target||Montly US 10$ / 50,000 Query|
|Use API||Price increased by 10 %|
|Use SDK||Monthly US 500$ / APP|
|Use Beacon||Contact Us|
|Full Customization||Contact Us|
|GPS Tracker||Contact Us|
|GPS Tracker||Through the device using a GPS, the collected location information is provided to a mobile phone , web , etc.
- SOS function
|Including Service fee and data charges
- Monthly US 5~10$ (VAT not included)
Prorated according to the period
|Description||Collecting and Delivering Process|
|Location information using the base station||The method is to transfer the collected cell id , lac , mcc , mnc such to the location server, and notice the pre-calculated location to the location server|
|Location information using the Wi-Fi||The method is to transmit the collected WiFi Mac , signal strength, etc. to the location server, and notice the pre-calculated location to the location server|
|Location information using the GPS||The method is to capture the GPS satellite signals and to calculate the location by triangulation measurement|
|Location information using the BLE Device||Mobile : The method is to measure the location of the BLE Device based on the location of the local area of the BLE Device user
Stationary : The method is to measure user’s location around the area based on location information of the fixed BLE Device which is set in advance