Terms of Use of Location-based Services
Article 1. Purpose
The purpose of There Terms of Use of Location-Based
Services(hereinafter this “Terms of Use”) is to prescribe the rights,
obligations and responsibilities and any necessary matters between the
Sesame Lab Corp. (hereinafter, the "Company") and subscribers who use
the Company's Location-Based Services (The user who has consented to
the terms and conditions for Service, hereinafter the “Member")
Article 2. Effect and Changes of the Terms and Conditions
① There Terms of Use shall be effective upon the Member's agreement
and registration thereafter as the user of this Service.
② When the Member consent to this terms and conditions the Member
shall be deemed to have read, sufficiently understood, and consented
to the application of, There Terms of Use.
③ Company may amend or modify There Terms of Use to the extent
permitted under applicable laws and regulations, including, but not
limited to, the Act on the Protection and Use of Location Information,
Content Industry Promotion Act. Act on The Consumer Protection In
Electronic Commerce, Framework Act on Consumers, Act on The Regulation
of Terms and Conditions and etc.
④ In case Company decides to make such changes to There Terms of Use,
it will post such amendments on its website for service, together with
the details and reasons therefor, at least seven (7) days prior to the
date of application of such amendments and for a substantial period of
time after such date of application. If such amendments are
unfavorable to the Members, the changes will be posted on the website
of Company at least thirty (30) days prior to the date of their
application and for a substantial period of time thereafter or
notified to the member by sending the amendments of There Terms of Use
in electronic form(such as e-mail, SMS, etc.).
⑤ If the Member does not express his/her rejection to such amendments
within seven (7) days after the date of post under Paragraph ④ above,
the Member will be deemed to have accepted the amendments to There
Terms of Use. If the Member does not agree to such amendments, such
Member may terminate these Terms of Use.
Article 3. Application of Related Law
There Terms of Use shall be applied fairly in accordance with the
principle of good faith, and matters not specified in There Terms of
Use shall be governed by the relevant laws and commercial practice.
Article 4. Contents of Service
① The Services provided by the Company and the purpose and period of
retaining personal location information are as follows.
Service
|
Contents of Service and Purpose of retaining
|
Period for Retaining Location Information
|
KEYRING
|
To track each installation location of a smart access device
(DAVE)
|
While DAVE and digital keys are active
|
② Company will record data verifying the collection, use, and
provision of location information automatically, and Company will
retain the data at least 6 months according to paragraph 2 of Article
16 of 「Act on The Protection And Use of Location Information 」
③ When Company attains the purpose of collecting, using or providing
personal location information, Company will immediately destroy
personal location information other than data verifying the
collection, use, and provision of location information. Provided,
that, if data shall be retained in accordance with other statues or if
Member separately consents to retaining personal location information,
the data may be held for up to one year from the member's consent.
Article 5. Service Fee
① Basically, Company does not receive any separate fee from the
Member.
② Data communication fees incurred when using wireless services are
separate and are in accordance with the policies of each mobile
carrier that Member subscribe to.
③ The fee incurred when registering a post with MMS, etc. is in
accordance with the policy of the mobile carrier.
Article 6. Notification of change of service contents, Etc.
① In case that Company changes or terminates the service, Company may
notify the change or termination of the service by electronic
method(e-mail, SMS, etc.).
② In the case of paragraph ①, When Company notifies an unspecified
number of Member, Company may make an announcement on notice page of
the Company website for notifying the Members.
Article 7. Limitation and Suspension of Service Use
① Company may restrict or suspend members' use of services in the
event of any of the following reasons:
1. In case that the member intentionally or with gross negligence
obstructs the operation of the Company's services;
2. In case it is unavoidable due to inspection, repair or
establishment of service facilities
3. When a telecommunications business operator, described in
Telecommunication Business Act, ceases to provide telecommunications
services;
4. When the use of services is hindered due to a national emergency,
disability of service facilities, or congestion of service use;
5. Where the Company deems it inappropriate to continue providing
services for other serious reasons;
② When the company restricts or suspends the use of the service
pursuant to the provisions of the preceding paragraph, it shall notify
Member of the reason and the period of limitation, or reason and the
period of limitation shall be posted on website and etc.
Article 8. Provision of Personal Location Information
① In case that Company uses any personal location information to
provide the Service, Company shall specify such use in advance in
these Terms of Use and acquire the approval from Member.
② In case that Company will provide personal location information to a
third party designated by Member, Company shall notify to the Member
the information recipient and the purpose of provision.
③ If the Company provides location information to a third party
designated by Member, Company shall immediately notify each time to
the Member the information recipient, and date and purpose of
provision via telecommunications device where such information is
collected. Provided, however, that any case falls under subparagraphs
below, notification shall be sent via telecommunications device, email
or online notice that has been prespecified by Member.
1. Where the relevant telecommunications terminal equipment does not
have a function of receiving texts, voices or videos;
2. Where member makes a request in advance that notification should be
sent by means of any telecommunications terminal equipment, email
address or otherwise, other than the relevant
④ Notwithstanding paragraph③, member may choose the method of being
notified thereof at once after collecting them(every 30 days or 100
times) in accordance with Article 24 of Enforcement Decree Of The Act
On The Protection And Use Of Location Information, If a member
requests according to the Company's procedures, it may be changed to
the method of immediate notification under the preceding paragraph.
⑤ may make notifications after every following number of times, or at
the following time interval pursuant to Article
Article 9. Restriction on Use and Provision of Personal Location
Information
Except with obtaining consent from Member or except in the following
cases, Company shall neither use personal location information or data
verifying the collection, use, or provision of location information
beyond the scope specified in these Terms of Use nor provide such
information to any third party:
1. Where data verifying the collection, use, and provision of location
information are required to calculate fees related to the provision of
location information and location-based services;
2. Where data is processed in such a way that any specific person
cannot be identified, and provided for the purpose of statistics,
academic research, or market research.
Article 10. Rights Held by Subjects of Personal Location Information &
Execution of Right
① Member may at any time, fully or partially withdraw consent for
providing location-based service using personal location information
and Provision of personal location information to third parties given
to Company. In this case, Company shall destroy the personal
information within the withdrawn extent, and any data confirming the
collection, utilization and provision of location information.
② Member may request, at any time, Company to temporarily suspend
collecting, using, or providing location information. In such cases,
Company shall not refuse such request and shall take technical
measures accordingly.
③ Member may request Company to permit him or her to inspect any of
the following data or records; or to give notice of any of the
following data or records; and may request Company to correct any
error found in relevant data or records. In such cases, Company shall
not refuse such request without good cause.
1. Data verifying the collection, use, and provision of personal
location information which relates to the principal;
2. The ground on which his or her personal location information was
provided to a third party pursuant to the provisions of this Act or
other statutes, and the relevant details.
④ Member may exercise the rights under paragraphs ① through ③ through
the prescribed procedures of the Company.
Article 11. Rights Held by Legal Representatives and Execution of
Right
① Where the Company intends to collect, use or provide personal
location information from children under 14 years of age, the Company
shall obtain the consent of the child under 14 years of age who will
be the Member and their legal representative. In this case, the legal
representative shall have all rights of Member under the Article 10
hereof.
② Company shall confirm whether a legal representative has consented
by any of the following methods.
1. Requesting the legal representative to express whether he or she
consents to the matters subject to consent posted on the website of
the location information provider, etc. and informing the legal
representative by his or her mobile phone text message that the
location information provider, etc. confirms the expression of the
consent;
2. Requesting the legal representative to express whether he or she
consents to the matters subject to consent posted on the website of
the location information provider, etc. and receiving card information
of the legal representative, such as a credit card and debit card;
3. Requesting the legal representative to express whether he or she
consents to the matters subject to consent posted on the website of
the location information provider, etc. and verifying the identity of
the legal representative through mobile phone authentication;
4. Issuing a document stating the matters subject to consent or
delivering such document to the legal representative by mail or fax,
and requesting him or her to submit the document after affixing his or
her seal or signature on the matters subject to consent;
5. Sending a document stating the matters subject to consent to the
legal representative by e-mail and requesting him or her to return it
with his or her consent expressed thereon by e-mail;
6. Informing the legal representative of the matters subject to
consent and obtaining his or her consent over the phone, or informing
the legal representative of the method by which he or she may check
the matters subject to consent, such as the Internet address, and
obtaining his or her consent over the phone again;
7. Other methods to inform the matters subject to consent by a method
similar to those referred to in subparagraphs 1 through 6, and confirm
his or her consent expressed thereon.
Article 12. Rights of Custodians of Children Aged 8 Years or Younger
① If a custodian prescribed agrees on the use or provision of personal
location information to protect life or physical body of children aged
8 years or younger specified as below ("Children Aged 8 Years Or
Younger, Etc."), such Children will be deemed to have consented
thereto.
1. Children aged 8 years or younger
2. Incompetent person under the adult guardianship
3. Mentally disabled persons that are defined in Article 2.2.2 of the
Act on Welfare of Persons with Disabilities and categorized as persons
with severe disabilities based on the Act on the Employment Promotion
and Vocational Rehabilitation of Persons with Disabilities (Only those
registered as disabled in accordance with Article 32 of the Act on
Welfare of Persons with Disabilities)
② The legal guardian of a child eight years or younger, etc. referred
to in paragraph ①, means any of the following persons who provides de
facto protection for the child, etc.:
1. The legal representative of a child of eight years old or younger
or a guardian under Article 3 of the Act on the Guardianship of Minors
in Protective Facilities;
2. The legal representative of a person under adult guardianship;
3. The legal representative of a person prescribed in paragraph (1) 3,
the head of a residential facility for persons with disabilities under
Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities
(limited to any facility established and operated by the State or a
local government), the head of a mental health sanatorium defined in
Article 22 of the Act on the Improvement of Mental Health and the
Support for Welfare Services for Mental Patients (limited to any
facility established and operated by the State or a local government),
or the head of a mental health rehabilitation facility defined in
Article 26 of the same Act.
③ Any custodian of children aged 8 years or younger, who intends to
consent according to paragraph ① shall submit a written consent
evidentiary documents for his/her custodianship stating the matters in
each subparagraph with seal or signature.
1. Name, address and birth date of the child at the age of not more
than eight years, etc.;
2. Name, address and contact point of the obligator for protection;
3. Fact that the purpose of the collection, use or provision of
personal location information is limited to the protection of the life
or body of the child at the age of not more than eight years, etc.;
4. Date of consent
④ The legal guardian can exercise all of the rights under Article 10
hereof, if he/she agrees to the use or provision of personal location
information for a child of eight years old or younger, etc.
Article 13. Designation of Location Information Manager
① Company will designate a person in charge of location information
who is in a position to take practical responsibility to properly
manage, protect location information, and handle complaints from
Subjects of Personal Location Information smoothly.
② The Location Information Manager is the head of the department
providing location-based services, and the details are in accordance
with the Addenda of these Terms of Use
Article 14. Compensation for Damage
① If the Members suffers damage due to Company's violation of the
provisions set forth in Articles 15 through 26 of Act on The
Protection and Use Of Location Information, Company shall be liable
for such damage unless it proves that there is no willful misconduct
or negligence on its part.
② If the Member's violation of these Terms of Use causes damage to
Company, the Member shall compensate Company for such damage.
Article 15. Indemnification
① company shall not be liable for any damage caused to the member if
the service cannot be provided in the following cases
1. In the event of a natural disaster or equivalent force majeure;
2. In case that there is an intentional obstruction of service by a
third party who has entered into a service partnership contract with
Company for the purpose of providing the service;
3. In case that the service is disabled due to reasons attributable to
the member;
4. In the event of any intentional or negligence of any other company
other than subparagraphs 1 through 3;
② Company shall not guarantee the reliability and accuracy of the
information, data, facts, etc. posted on the services and services,
and is not liable for any damages caused to the members due to the
reason above.
Article 16. Governing Law and Jurisdiction
① These Terms and Use shall be governed by Laws of Republic of Korea
② The court having jurisdiction over disputes between the Company and
Members shall be determined in accordance with the Civil Procedure Act
of Korea.
Article 17. Mediation in Disputes and Etc.
① Where the parties to a dispute related to location information fail
to reach an agreement or it is impossible to reach an agreement, the
Company may file a petition for adjudication with the Korea
Communications Commission in accordance with Article 28 of Act on The
Protection And Use Of Location Information.
② Where the parties to a dispute related to location information fail
to reach an agreement or it is impossible to reach an agreement, the
Company or the subject of personal location information may file a
petition for mediation with the Personal Information Dispute Mediation
Committee established under Article 43 of Personal Information
Protection Act.
Article 18. Contacts
The Company name, address and contacts are as follows:
1. Company Name : Sesame Lab Corp.
2. Representative : Kim, Dohyun
3. Address : 18th floor of Gangnam Building, 396 Seocho-daero,
Seocho-gu, Seoul
4. Phone : +82-02-6953-6807
ADDENDA
Article 1
These Terms of Use will be in force on on 8. 17. 2022
Article 2 Location Information Manager
The following is information regarding the person who is in charge of
managing location information of Company as the date of 8. 17. 2022.
1. Contact Person : Seo, Myeongsik
2. Department : Management Department
3. Contact Number : +82-02-6953-6807