Terms of Use

Article 1 (Purpose)

The purpose of these Terms and Conditions of Location Based Services (these “Terms and Services”) are to set out the rights, obligations and responsibilities of the Members (i.e., persons who consented to these Terms and Conditions; hereinafter referred to as a “Member” or “Members”) when using the 08liter services (“Services”) provided by 08liter Co., Ltd. (“Company”).

Article 2 (Effect and Amendment of these Terms and Conditions)

1. These Terms and Conditions shall become effective upon the consent of the owner of personal location data to these Terms and Conditions and his/her registration as Member of the Services.
2. When a Member clicks on the “I Agree” button shown together with these Terms and Conditions online, such Member shall be deemed as having fully reviewed these Terms and Conditions and to fully understand as well as agree to the application of these Terms and Conditions.
3. The Company may amend these Terms and Conditions within the extent that such amendment does not go against any applicable laws, such as the Act on the Protection, Use, etc. of Location Information, Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, etc., and Framework Act on Consumers.
4. In the event the Company amends these Terms and Conditions, the Company shall make available the existing terms and conditions, the amended terms and conditions, as well as the cause of the amendment and the date the amended terms and conditions go into effect together with the terms and conditions that are currently in effect from ten (10) days before and for a considerable period after the date the amended terms and conditions go into effect. If the amended terms are unfavorable to the Members, such amended terms shall be posted on the Company’s website from thirty (30) days prior to the date the amended terms and conditions go into effect or the Members shall be informed of the amended terms and conditions via email or other electronic means (SMS, etc.).
5. Although it is provided that the amended terms and conditions are to be deemed approved by the Members if the Company gives notice of the amendment to the Members pursuant to the above clause and the Members fail to express their opposition to the amendment from the date of the notice to until the seventh day after such date, if the Members fail to clearly express their opposition then the amended terms and conditions shall be deemed as having been approved. The Members may terminate the terms of use if they do not agree with the amended terms and conditions.

Article 3 (Application of Applicable Laws and Regulations)

These Terms and Conditions shall apply in accordance with the principles of good faith, and any matters that are not provided hereunder shall be in accordance with the Company’s management policies and rules, applicable laws and regulations, or general commercial practices.

Article 4 (Description of Services)

Article 5 (Service Fee)

1. The Company shall provide its Services free of charge; provided, however, any paid services shall be made available after the relevant fee is paid.
2. The Company may receive payment of its service fee for the paid services through the method set out by the electronic payment service with which the Company has signed a contract with or charge the service fee through an invoice determined by the Company.
3. Cancellation and refund of the service fee paid for the paid services shall be in accordance with applicable laws and regulations, including, without limitation, the Company’s payment terms.
4. In the event a Member requests for refund or for provision of personal information of the person that made the relevant payment due to identity theft or payment fraud, such request may be denied unless required under applicable law.
5. Any data communication fee that may arise from using wireless services shall be charged separately in accordance with the policies of the relevant telecommunications service provider.

Article 6 (Notice of Service Change)

1. In the event the Company seeks to change or end its Services, the Company may give notice of such change or end of its Services to the Members via their registered email addresses.
2. In the case the above clause 1 occurs and the Company needs to give notice to a number of unspecified persons, the Company may give such notice by way of public announcement through the Company’s website, etc.

Article 7 (Limitation and Suspension of the Use of Services)

1. In the event any of the following occurs, the Company may limit or suspend the use of its Services by any Members:
   (1) If a Member obstructs the Company’s operation of its Services through intentional or gross negligence;
   (2) If such limitation or suspension of the use of its Services is inevitably needed due to service inspection, maintenance or works;
   (3) If one of the key telecommunications service provider prescribed under the Telecommunications Business Act suspends telecommunications services;
   (4) If the use of its Services affected by events of national emergency, service system failure or a sudden increase in usage; or
   (5) If the Company believes it would be inappropriate to continue providing its Services due to any other material causes.
2. In the event the Company limits or suspends the use of its Services due to clause 1 above, the Company must notify the Members of the reason(s) thereof and the period during which the use of its Services will be limited or suspended.

Article 8 (Use or Provision of Personal Location Data)

1. In the event the Company plans to provide its Services by utilizing personal location data, such plan needs to be indicated under these Terms and Conditions in advance so as to obtain the consent of the owners of the data.
2. The right of the Members and their legal representatives to file a suit as well as the method to exercise such right shall be based on the addresses of the respective Members at the time the relevant suit is filed. If no address is given, the exercise of such right shall be based on the competent jurisdiction of the district court that has control over the residence of such Members; provided, however, if the address or residence of the Member at the time the suit is filed is uncertain or is located overseas then the suit shall be filed with the competent court pursuant to the Civil Proceedings Act.
3. The Company shall automatically record and preserve the materials confirming the use and provision of location data in settling fees and dealing with complaints with other businesses or Members. The aforementioned materials shall be preserved for one year.
4. In the event the Company provides personal location data to a third party designated by a Member, the Company shall promptly notify the Member—via the communications device through which personal location data were collected—about the person to be provided with such personal location data, the date and time such personal location data will be provided, and purpose of such provision. However, in the case of any of the following, such notice shall be given via communications device or email address specified and designated in advance by the Member:
   (1) If the communications device through which the personal location data were collected does not have text, audio or video receiver functions; or
   (2) If the Member has requested in advance for such notice to be made by posting the notice online, etc.

Article 9 (Rights of Owners of Personal Location Data)

1. A Member may, at any time, withdraw his/her consent to providing location based services utilizing personal location data and personal location data to third parties, in whole or in part. In such case, the Company shall destroy the collected location data and the materials confirming the use and provision of location data.
2. A Member may, at any time, request for temporary suspension of the collection, use or provision of personal location data. The Company may not refuse such request and it is equipped with technical means to accept the same.
3. A Member may request to browse or for notice of any of the materials set out below, and may request for correction if any errors are found therein. In such case, the Company may not refuse the Member’s request without justifiable reason.
   (1)Materials that confirm the collection, use and provision of the Member’s location data, or
   (2)Reason(s) why the Member’s personal location data have been provided to a third party pursuant to the Act on the Protection, Use, etc. of Location Information or any other applicable law, and the details thereof.
4. A Member may make any of the requests set out under Clauses 1 through 3 via procedures prescribed by the Company for exercising such rights.

Article 10 (Rights of Legal Representatives)

1. With regard to Members who are under the age of 14 years, the Company must obtain the consent from such Members as well as their legal representatives when seeking to provide location based services utilizing their personal location data and personal location data to third parties. In such case, the legal representatives shall have rights as Members as set out under Article 9 hereof.
2. In the event the Company seeks to use the materials confirming the use and provision of personal location data or personal location data of children under the age of 14 years beyond the extent notified or set out under these Terms and Conditions, the Company must obtain the consent from such children under the age of 14 years and their legal representatives; provided, however, any of the following instances shall be excluded:
   (1) If the materials confirming the use and provision of location data are needed to settle the fees for providing location data and location based services; or
   (2) If location data and personal location data are provided in a format under which the owners of such data are rendered unidentifiable for statistics, academic research or market research purposes.

Article 11 (Rights of Guardians of Children Aged 8 Years and Younger)

1. In the event the guardian of a person who corresponds to any of the following circumstances (“child aged 8 years or younger, etc.”) consents to the use or provision of personal location data for protection of the life or body of such child aged 8 years or younger, etc., such consent shall be deemed as if the consent was given by such person her/himself.
   (1) A child aged 8 years or younger;
   (2) An adult ward; or
   (3) A person having mental disability as set out under Article 2 (2) 2 of the Act on Welfare of Persons with Disabilities and is recognized as a severely disabled person under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (provided, however, such person shall be limited to those who are registered as a disabled person pursuant to Article 32 of the Act on Welfare of Persons with Disabilities).
2. Any guardian of a child aged 8 years or younger, etc. that consents to the use or provision of such person’s personal location data may exercise all rights belonging to the owner of the relevant personal location data.

Article 12 (Designation of Chief Location Data Officer)

1. The Company shall designate a person who is in the position where he/she can bear substantial responsibility as Chief Location Data Officer so as to appropriately manage and protect location data and deal with complaints filed by the owners of personal location data.
2. Chief Location Data Officer shall be the head of the department that is in charge of providing location based services and any details concerning the Chief Location Data Officer shall be in accordance with the Addenda to these Terms and Conditions.

Article 13 (Indemnity)

1. In the event any damage is caused to a Member due to breach of any of the Articles 15 through 26 of the Act on the Protection, Use, etc. of Location Information by the Company, the Member may claim for damages against the Company. In such case, the Company shall not be able to avoid taking responsibility for the damage if it fails to prove such damage is not due to its intent or negligence.
2. In the event any damage is caused to the Company due to breach of any provisions set out under these Terms and Conditions, the Company may claim for damages against the Member. In such case, the Member shall not be able to avoid taking responsibility for the damage if he/she fails to prove such damage is not due to his/her intent or negligence.

Article 14 (Exemption)

1. In the case the Company cannot provide its Services due to any of the following reasons, the Company shall not be held responsible for any damage caused to the Members:
   (1) Any natural calamity or any other events of force majeure;
   (2) Any intentional obstruction of its Services by a third party that has executed a service partnership agreement with the Company for provision of its Services;
   (3) Any hindrance to the use of its Services due to fault attributable to the Member(s); or
   (4) Any other causes that are not due to the intention or negligence of the Company, other than those set out under sub-clauses (1) through (3).
2. the Company does not guarantee the credibility and accuracy of its Services and the information, materials and facts provided therewith, and thereby the Company shall not be held responsible for any damage that may occur to any Member concerning the foregoing.

Article 15 (Non-Assignment of Rights of Members)

No Member has the right to dispose his/her right to receive the Services as security, etc.

Article 16 (Dispute Resolution, etc.)

1. In the event any dispute occurs between the Company and the Members concerning location data, the Company and the Members shall faithfully consult with one another.
2. If no agreement is or cannot be reached between the Company and the Members with regard to the dispute concerning location data, either the Company or the Members may apply for adjudication with the Korea Communications Commission pursuant to Article 28 of the Act on the Protection, Use, etc. of Location Information.
3. If no agreement is or cannot be reached between the Company and the Members with regard to the dispute concerning location data, either the Company or the Members may apply for mediation with the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.

Article 17 (Contact Information of the Company)

1. The corporate name and address of the Company are as follows:
2. 1. Corporate Name: 08liter Co., Ltd.
3. 2. Representative: Chang Woo Choi
4. 3. Address: (Samseong-dong, Trade Tower) #405, 511 Youngdong-daero, Gangnam-gu, Seoul
5. 4. Telephone Number: +82-2-6932-0808

Addenda

Article 1 Effective Date

These Terms and Conditions shall go into effect from July 13, 2018.

Article 2 Chief Location Data Officer shall be designated as follows, as of July, 2018:

1. Team/Part: Development Part

2. Name: Seung Hyun Baek

3. Contact Number: +82-2-6932-0808

4. Email Address: help@08liter.com