AirTumbler Terms and Conditions of Location-Based Services
The purpose of the Terms and Conditions of Location-Based Services (“Terms and Conditions”) is to define the rights, obligations and responsibilities of LEOTEK Co., Ltd. (the “Company”) and subscribers who have agreed to the Terms and Conditions set forth (the “Subscribers”) when using location-based services (“Services”) provided by the Company.
2. Effects and Changes of the Terms and Conditions
(1) The Terms and Conditions will become effective once the Service-requesting customer or personal information-providing individual agrees to the terms herein and registers as a user of the Service through a registration process provided by the Company.
(2) The Company will make the Terms and Conditions easily accessible to all Subscribers by posting the Terms and Conditions on the front page of the Service or sending notifications through other methods.
(3) The Terms and Conditions can be revised if deemed necessary by the Company. If revisions are made, notifications that contain the previous and revised Terms and Conditions, the application date of the revised version and the reason for changes made must be posted along with the current Terms and Conditions seven (7) days prior to the revised version’s application date and for a reasonable amount of time. If the changes have adverse effects on Subscribers, notices of the changes will be posted on each Service’s website and/or transmitted to each Subscriber electronically via email or SNS.
(4) The Subscriber will be deemed to have agreed with the revised Terms and Conditions if the Subscriber does not express any objections to the revised Terms and Conditions, even after the Company has clearly notified that the Subscriber will be seen as having agreed to the revisions unless the Subscriber expresses otherwise within seven (7) days after the revised Terms and Conditions are enforced. The Subscriber may terminate the Terms and Conditions if they do not agree with the revisions.
3. Additional Terms
Matters not specified in the Terms and Conditions will be subject to the Act on the Protection and Use of Location Information, the Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Personal Information Protection Act, relevant laws and regulations and other Service operation policies and rules provided by the Company (“Guiding Principles”).
4. Subscribing to Services
The Company may not approve of a user’s subscription to a Service if any of the following applies.
- If the user attempts to subscribe under a false identity or the identity of another person
- If the user fails to provide required information or submits incorrect information when subscribing
- If the user fails to comply with conditions for subscription required by the Company
5. Terminating the Use of the Service
Any Subscriber who wishes to terminate the use of the Service can do so through procedures provided by the Company (procedures will be posted on the Service website). The Company will handle matters in a quick manner in compliance with related laws and regulations.
6. Providing Services
(1) As a rule, the Service is available 24 hours a day. However, the service can be suspended temporarily due to the Company’s situation or technical reasons. The Company may also temporarily suspend the Service for a determined period of time for operational reasons. In such cases, the Company will post a notice before or after the Service has been suspended.
7. Service Rates
(1) The Company offers both free and paid Services. The specified amount must be paid in order to use paid Services.
(2) Payment for the paid Service will be made in accordance with methods decided by the electronic payment agency that has entered into an agreement with the Company, or by aggregating the amount onto a statement determined by the Company.
(3) Cancellation or refund of payments made for the use of paid Services will be provided in accordance with the Company’s payment-related terms or related laws and regulations.
(4) Refund requests or request for the paying individual’s personal information, in response to identity theft or payment fraud experienced by the Subscriber, may be rejected if circumstances does not fall under those prescribed by law.
(5) Additional data charges will be incurred when using wireless Services, in accordance with policies set forth by the mobile carrier each Subscriber is subscribed to.
8. Restricting and Terminating Use of Services
(1) The Company may restrict or terminate a Subscriber’s use of Services if any of the following applies.
- The Subscriber intentionally interferes with the operation of the Company’s Services
- If Service restrictions or termination is inevitable due to inspection, maintenance or construction of facilities used for the Service
- If a key telecommunications business operator, designated in accordance with provisions in the Telecommunications Business Act, suspends telecommunications services
- If situations that interfere with the use of the Service arise, including a state of national emergency, failure of facilities used for the Service or excessive increase in traffic to the Service
- If the Company finds it unsuitable to continue to provide the Service due to other serious matters
(2) If the Company decides to restrict or terminate the use of the Service due to matters defined above, the Company must notify Subscribers of the reasons to such restriction or termination and specify the period the Service will be restricted from use.
9. Notifying Service Revisions
(1) In the event the Company makes changes to Service contents or deletes a part of the Service, the Company may notify Subscribers of such changes by sending an email to the email account the Subscriber submitted during subscription.
(2) If the Company is required to send the aforementioned notification to a large number of unspecified individuals, the Company may notify Subscribers by posting the notification on the Service website or Company homepage. However, notifications on matters that have a severe effect on Subscriber activities will be posted on the Service website for a reasonable amount of time or sent to individual Subscribers via email or SMS.
10. Using and Providing Personal Location Information
(1) If the Company wishes to use information on personal locations to provide a Service, the Company must specify such needs in the terms of service and gain the approval of the personal location information provider.
(2) The rights of the Subscriber and legal guardians, and the methods of exercising those rights will be brought to the jurisdiction of the user’s address at the time the lawsuit is filed. If the user’s address is not available, the lawsuit will be brought to the district court with jurisdiction over the user’s place of residence However, if the address or place of residence is unknown at the time of the lawsuit, or the user is an overseas resident, the lawsuit will be brought to the competent court defined in the Civil Procedure Act.
(3) The Company will automatically record and store data that confirms the use of location in order to settle costs with a third-party company or user and/or resolve complaints. This data will be stored for six (6) months.
(4) The Company must not provide location information without the consent of the personal location information provider. If the Company provides a Service that is provided by a third-party, the Company must notify the personal location information provider of the information recipient and the purpose of providing the information in advance, and acquire their approval. However, the following will be seen as exceptions.
- If the information is disclosed to comply with laws and regulations, or due to requests made by investigative agencies for the purpose of conducting an investigation, in accordance with defined procedures and methods.
(5) If the Company provides location information to a third party designated by the Subscriber, the Company must immediately provide the Subscriber with information on the location information recipient, the date the information was provided and the purpose of providing the information, and the information must be sent to the telecommunications device the location information is collected in every time the location information is given to a third party. However, the Subscriber may be notified through a predetermined telecommunications device or email in the following circumstances.
- If the telecommunications device that collected the location information is not equip with a feature that can receive text, voice or video.
- If the Subscriber has requested in advance for the notice to be posted online.
11. Rights of the Personal Location Information Provider
(1) The Subscriber can withdrawal any or all consent to provide the Company with location-based services that use personal location information and/or provide personal location information to a third-party at any time. In this event, the Company will destroy the collected personal location information and data confirming the use and provision of location information.
(2) The Subscriber can request the Company to temporarily suspend the collection, use and/or provision of personal location information at any time. The Company cannot reject such requests and must have the technical measures for temporary suspension.
(3) The Subscriber may request the Company access to or notification of any of the following information and demand the correction of any errors the data contains. In this event, the Company cannot reject the Subscriber’s request unless the Company has justifiable reasons.
- Data confirming the collection, use and provision of the Subscriber’s location information
- Reasons and details to providing the Subscriber’s personal location information to a third party in accordance with the Act on the Protection and Use of Location Information and other provisions of law.
(4) The Subscriber can exercise their rights defined in Clause 1 and 3 through a prescribed procedure provided by the Company.
12. Rights of the Legal Guardian
(1) If the Subscriber is 14 years old or under, the Company must gain consent from the Subscriber and the Subscriber’s legal guardian for the provision of location-based services that uses personal location information and providing personal location information to a third party.
(2) The Company must gain consent from minors who are 14 years old or under and their legal guardian if their personal location information or data confirming the use and provision of location information is used for purposes other than that specified in the Terms and Conditions or notified otherwise. However, the following are exceptions.
- If location information or data confirming the use and provision of location information is needed to settle costs for any provided location information and location-based services.
- If the information is reproduced so that the source of the information is unidentifiable and used in statistics, academic research and/or market research.
13. Rights of Custodians of Minors 8 Years Old and Under
(1) If custodians of individuals stated below (“Minors 8 Years Old and Under and Others”) provides consent to the use and provision of personal location information to safeguard the life and physical well-being of Minors 8 Years Old and Under and Others, the following individuals will be deemed to have provided consent.
- Minors 8 years old and under
- Mentally incompetent individuals who have been deemed to require custodianship
- Individuals with mental disabilities, as defined in Article 2.2.2 of the Act on Welfare of Persons with Disabilities, who are categorized as being severely disabled in accordance with Article 2.2. of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons (Only those legally registered as disabled in accordance with Article 32 of the Act on Welfare of Persons with Disabilities)
(2) Custodians of Minors Under 8 Years Old and Others, as defined in the previous clause, are the following people who are protecting the said individuals.
- Legal guardians of minors 8 years of age and under or guardians who are defined in Article 3 of Act on the Guardianship of Minors in Protective Facilities
- Legal guardian of mentally incompetent individuals who have been deemed to require custodianship
- Legal guardian of individuals defined in Article 13.1.3 herein, head of assisted living facilities for the disabled (limited to facilities built·run by the state or local governments) as prescribed in Article 58.1.1 of the Act of Welfare of Persons with Disabilities, head of social rehabilitation facilities for the mentally disabled (limited to facilities built·run by the state or local governments) and head of mental healthcare facilities as prescribed respectively in Article 3.4 and Article 3.5 of the Mental Health Act.
(3) Custodians who wish to consent to the use or provision of personal location information for the purpose of protecting the life and physical well-being of Minors Under 8 Years Old and Others must submit a written consent and documented proof of the custodian’s custodianship to the Company.
(4) The custodian who has consented to the use or provision of the personal information of Minors Under 8 Years Old and Others will be able to exercise all rights that belong to the personal location information provider.
14. Company Address and Contacts
(1) The Company’s name, address and contact information is provided below.
- Company Name : LEOTEK Co., Ltd.
- CEO : Sukjun Choi
- Address : (B-#904, Woolim Lion’s Valley) 283, Bupyung-daero, Bupyung-Gu, Incheon, Korea Republic of
- Phone : +82-70-7093-0600
- E-mail : email@example.com, firstname.lastname@example.org, email@example.com
(2) The Company has designated a location information manager, who is in the position to take responsibilities, in order to manage and protect personal location information and resolve complaints filed by the personal location information provider. The name and contact information of the location manager is provided below.
- Name : Jaesuk Kim
- Phone : +82-70-7093-0600
- E-mail : firstname.lastname@example.org, email@example.com, firstname.lastname@example.org
The Subscriber cannot assign, transfer or pledge the rights to use Services
16. Compensation for Damages
(1) The Subscriber can file a compensation for damages against the Company if damage is incurred to the Subscriber due to the Company’s violation of Article 15 or 26 of the Act on the Protection and Use of Location Information. The Company will be responsible for the damages, unless the Company can prove that its actions were unintentional or a result of negligence.
(2) The Company can file a compensation for damages against the Subscriber if damage is incurred to the Company due to the Subscriber’s violation of terms herein. The Subscriber will be responsible for the damages, unless the Subscriber can prove that their actions were unintentional or a result of negligence.
(1) The Company will not be responsible for damages incurred to Subscribers if the Company is unable to provide Services due to the following;
- Natural disasters or other force majeure
- Intentional disruption of Service operations by a third party that has entered into a Service provision partnership with the Company.
- Errors that occur during Service use due to reasons attributed by the Subscriber
- Actions of the Company that are not intentional or negligent, excluding those stated in Clause 1 or 3.
(2) The Company does not warranty the credibility and accuracy of the Service or information, data or fact posted in the Service, and will not be responsible for any resulting damages incurred by the Subscriber.
(1) The Company will consult with the Subscriber in good faith to resolve any disputes that arise from the use of Services.
(2) If the dispute is not resolved through the aforementioned consultation, the Company and Subscriber can request the Korea Communications Commission to settle the dispute, in accordance with Article 28 of the Act on the Protection and Use of Location Information, or request the Korea Communications Commission or the Personal Information Dispute Mediation Committee to settle or arbitrate the dispute, as prescribed in Article 43 of the Personal Information Protection Act.
(3) If the dispute is not resolved despite measures stipulated above, the Company and Subscriber may file a lawsuit, which will be brought to the competent court stated in the Civil Procedure Act.
The Terms and Conditions herein will become effective on March 1st, 2017
The latest update date : 3rd , February, 2017