DigitalPage Terms of Service
Last Updated: August 27, 2015
Thank you for your interest in DigitalPage! Please read these terms of service carefully ("Terms") before using the Services.
These Terms govern and apply to your access to and use of DigitalPage ("we" or "our") websites and services (the "Services").
By accessing or using our Services, you agree to be bound by all of the terms and conditions described in these Terms.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.
If you do not agree to all of these terms and conditions, do not use our Services.
Use of Services
The DigitalPage Services enable you to easily and conveniently make, update, and share the latest versions of documents within a designated group.
In order to access and use DigitalPage, you will need to register and create an account (your "Account").
By creating an Account, you attest that you have the power to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
The Services are not intended for use by you if you are under 13 years of age.
By agreeing to these Terms, you are attesting that you are over 13. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password.
You agree to provide accurate, current and complete information about your Account.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates our Terms.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Acceptable Use Policy/User Conduct
You agree that you are responsible for your own conduct and all conducts under your Account, and all Content that is created under your Account and for any consequences arising as a result thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Service and applicable separate agreements, if any, and all applicable laws and regulations in the relevant jurisdictions.
You further agree not to:
- Probe, harm, disrupt, or attack any system, network, or the Services.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Services.
- Modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by DigitalPage.
- Use the Services to disguise any material that contains virus, worms, corrupted files, or any other similar software to interfere with or disrupt any user, host, or network.
- Send any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
- Stalk, harass, abuse or threaten another person or company, or take any action invasive to another's privacy (by sharing, for example, another's photograph, address, email, phone number or any other contact information) without permission from such other person.
- Impersonate or misrepresent your identity with any person or entity.
- Promote or provide products or services other than your own without appropriate authorization.
- Use the Services to share any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Take any action that would be in violation of DigitalPage's copyright, trademark, any code of conduct or other guidelines which may be applicable to the Services.
- Publish or share unlawful materials.
- Violate the law in any way.
Notice
We may send you communications or data regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services, via electronic mail, posting on the website, or other reliable method.
Fees & Payment
This section of the Terms applies only when you use "DigitalPage Pro" services. You will pay, and authorize DigitalPage to charge to your selected payment method, for all applicable fees (“Fees”). Fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information to us. DigitalPage may suspend or terminate the Services if fees are past due. You are responsible for all taxes. DigitalPage will charge tax when required to do so. If you are required by law to withhold any taxes, you must provide DigitalPage with an official tax receipt or other appropriate documentation.
Copyright
We do not permit copyright infringing activities and infringement of intellectual property rights on the Services. We will take whatever action, in our sole discretion, it deems appropriate including removal of the challenged content from the site if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Your notice should include following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL where the infringing material is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices should be sent to:
Attn: Copyright Agent
DigitaPage
Fasoo
17F Nuritkum Square Business Tower,
#396 World Cup Buk-ro, Mapo-gu, Seoul 121-795, Korea
Tel: +82-2-300-9386
E-mail: copyright@fasoo.com
Ownership
Our App and Services are protected by copyright, trademark, patent or other intellectual property laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of DigitalPage and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
Modifications
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, DigitalPage may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit DigitalPage to deliver these to you (and you to receive them) as part of your use of the Service.
Modifications to this agreement
We reserve the right at any time and at our sole discretion to change, modify or otherwise alter these Terms at any time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
Links
In an attempt to provide increased value to you, we may include the use of third party resources and/or links to third party websites as part of the Service. However, we have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITALPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- DIGITALPAGE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR THEFT OF CONFIDENTIAL DOCUMENTS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITALPAGE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- IN RARE CIRCUMSTANCES DURING THE BETA PERIOD, THERE IS A SLIGHT POSSIBILITY THAT ENCRYPTED FILES MAY NOT OPEN PROPERLY, DEPENDING ON YOUR DEVICE ENVIRONMENT OR APPLICATIONS.
- COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGITALPAGE, ITS PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITALPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE;
(v) DIGITALPAGE'S ACTS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
(vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
(vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE;
(viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE;
(ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR
(x) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold DigitalPage, its parent, subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual or consequential), losses and expenses (including legal or other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Services, any violation of these Terms of Service or any other actions connected with your use of the Services (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Termination
You may discontinue your use of the Services at any time, for any or no reason and with or without notice. We also reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
General Terms
These Terms of Service constitute the entire agreement between you and Fasoo and governs your use of the Services, except, and then only to the extent that you have entered into a Separate Agreement. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and Fasoo for the use of the Services. If, through accessing or using the Services, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party.These Terms of Service and the relationship between you and Fasoo shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Fasoo agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware. Notwithstanding this, you agree that Fasoo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. You are also responsible for complying with all local laws, rules and regulations.
Commercial Terms
Effective Date: August 25, 2015.
These “Commercial Terms”, together with the Terms of Service, apply to our commercial transactions with you, including your purchase of DigitalPage for Business (“Service”) or other paid service from us. You should carefully read through these Commercial Terms to understand your rights and responsibilities, as these Commercial Terms constitute a contract between you and DigitaPage or its affiliate from which you are purchasing the Service. By purchasing the Service, you agree to be legally bound by these Commercial Terms and Terms of Service. If there are any conflicts or discrepancies between “Commercial Terms” and “Terms of Service”, Commercial Terms shall prevail.
We may update these Commercial Terms from time to time. The Commercial Terms published on our site at the time you purchase the Service, will apply to your transaction (a “Commercial Transaction”). If you do not agree to the changed Commercial Terms, you may cancel your Service and/or elect not to enter into the Commercial Transaction. If you do not cancel the Service within thirty days after you have learned of the change, or you proceed with any Commercial Transaction, you will be legally bound by the updated Commercial Terms.
Payment of Fees; Taxes
When you elect to purchase the Service from us and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we or our reseller (as applicable) are authorized to charge you for the Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes. In addition, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis.
You agree to pay the charges for the Service in the currency specified by DigitalPage when you enter into the Commercial Transaction, and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for the Service may include certain taxes applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge.
Our prices for the Service do not include any of the third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any wireless carrier charges for cellular or data services and any other third party applications or services with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services.
Changes in Fees
We may change the price of any Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in recurring subscription fees by email to the address in your account information. Any increase in charges for the same Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.
Autorenewal
We accepts certain debit and credit cards as well as other forms of cash payment as payment methods (each, an “Accepted Payment Method”) for the Services, subject to the procedures and rules contained in these Commercial Terms and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Service, and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Service will be billed on the date of your purchase. If you purchase the Service that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle), on the calendar day corresponding to the commencement of your Service subscription. In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms information regarding your purchase and your submitted payment information in order to process your purchase. If your Service subscription began on a day not contained in a subsequent month (e.g., your service began on January 30, and there is no February 30), we will process your payment on the last day of such month. This is what we mean by paying on an autorenewal basis.)
Changes to Payment Methods and Account Information
You are responsible for ensuring that all of your account information, including your email address and all payment information (address, debit or credit card number and expiration date), is accurate and up to date at all times. You may change this information at any time. If your credit card expires or the information is otherwise invalid, or you or another party controlling the payment method make changes to your billing account too close in time to when we charge for the Service subscription (so we cannot reasonably act on your changes prior to billing), we will probably not be aware of this, and we will bill the current charges to the card we had on record; the continuation of your Premium Service or Product subscription constitutes your authorization for us to do so, and you remain responsible for any uncollected amounts and any charges incurred by you or us as a result of billing to an invalid card.
Cancellation of the Service Subscription
You may elect to cancel the Service at any time. Any cancellation of the Service will be effective as of the end of the then-current billing period, except as provided in the Terms of Service and except where we materially modify the Terms of Service, Privacy Policy, these Commercial Terms during a billing period, and such modification adversely affects you (a “Terms Modification”). In the event of a Terms Modification, you may cancel your subscription for the Service prior to the end of the then current billing period if we receive notice from you no later than thirty days after the effectiveness of such Terms Modification. The cancellation shall be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. If you desire to cancel your subscription for the Service as of the end of the current billing period, you may do so by logging into your account through the App Store or Play Store, accessing your “Account Summary” from the Settings page and choosing “Cancel Subscription.”
Costs of Collection; Credit Card Chargebacks
In addition to the published fees for the Service, you agree to pay any reasonable costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
If you purchase the Service with a credit card and then subsequently request your credit card issuer to reverse that payment, DigitalPage is charged a fee that may be a significant multiple of the amount we initially received. Accordingly, in order to enable you to pay relatively minor fees with a credit card, you acknowledge and agree that we reserve the right to suspend your ability to add additional document to your Service account until such time as you reimburse us the amount of the fee we were charged by the card issuer.
Location-Based Services
Article 1. (Purpose)
The purpose of this Terms and Conditions of Location-Based Services is to prescribe the rights, obligations and responsibilities and any necessary matters between the Fasoo Co., Ltd (hereinafter, the "Company") and members who agree to the DigitalPage Terms and Conditions (hereinafter, the "Member") in use of the DigitalPage Service (hereinafter, the "Service") provided by the Company.
Article 2. (Effect and Changes of the Terms and Conditions)
- This Term and Conditions shall be effective upon the agreement and registration of the Member or the subject of personal location information thereafter as the user of this Service.
- When a Member signs up for a service, it is assumed that he/she has read all the contents of this Terms and Conditions, fully understands it, and agrees to its application.
- The Company may modify the Terms and Conditions to the extent that they do not violate applicable laws such as the Act on Protection and Use of Location Information, the Act on Consumer Protection in the Electronic Commerce Transactions, the Consumer Protection Act in e-commerce, and the Act on the Regulation of Terms and Conditions of the Basic Consumer Act.
- If the Company amends the Terms and Conditions, the amended Terms and Conditions, the date of application, and reason for the amendment shall be specified and notified together with the current Terms and Conditions at least 7 days' prior notice of such amendment for a considerable period of time.
Provided, however, that any amendment causes a significant change in users' rights, the Company shall post 14 days' prior notice of such amendment via its websites or in electronic forms (Email, SNS, etc.).
- If the Company notifies the Member according to the preceding paragraph and the Member does not express an intention to reject until 7 days after the effective date of the amended Terms and Conditions from the date of notification or notice, it is deemed that the Member has approved the Terms and Conditions.
Article 3 (Additional Rules)
This Terms and Conditions are applied in accordance with good faith, and any matters that are not specified in this Terms and Conditions shall be subject to the applicable laws or commercial practices.
Article 4 (Location Information)
Products equipped with a location information collection function, including GPS or Wi-Fi devices or Cell ID-based devices, periodically collect location information for mobile communications and Wi-Fi base stations. This information is anonymous and does not include information that can identify users, such as phone numbers, unless it is later combined with other personal information and used for location-based services.
Article 5 (Service)
The Company provides the Location-Based Services as below.
- To gain searched location information, or save location information of the personal location information subjects or portable devices on the page along with the page.
- To view the map using the location information saved in the page, or recommend other pages that are relevant to the page through searching based on location information.
Article 6 (Service Rates)
- Any Location-Based Services provided by the Company shall be free of charge.
- Provided, however, that any data charge incurred while using wireless service shall be additionally imposed and subject to mobile carriers' policies
Article 7 (Notification of Service Changes)
- If the Company changes or terminates the service content, the company may notify the change or termination of the service content by posting it on the service homepage or by e-mail to the registered e-mail address of the Members.
- In case of Article 1, when notifying a large number of unspecified persons, the Members may be notified through other notification methods such as the company’s website.
Article 8 (Limitation and Suspension of Service Use)
- The Company may restrict or stop the Member's use of the Service in the event of a reason falling under any of the following.
- ① When a member interferes with the operation of the company's service intentionally or by gross negligence
- ② When it is inevitable due to service facility inspection, repair or construction
- ③ When the telecommunications service provider stipulated in the Telecommunications Business Act suspends telecommunication services
- ④ When the use of the service is hindered due to a national emergency, service facility failure, or congestion in service use
- ⑤ When it is deemed inappropriate for the company to continue providing services due to other serious reasons
- Provided, however, that the Service is suspended hereunder, the Company shall notify the suspension to users with the reasons and period of suspension.
Article 9 (Utilization or Provision of Personal Location Information)
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If the Company uses any personal location information to provide the Service, the Company must specify such fact in advance in the Terms and Conditions and obtain consent therefor from personal location information subjects.
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The rights of Members and legal representatives and the method of exercising them depend on the address of the user at the time of filing. However, if the address or residence of the Member is not clear at the time of filing or is a foreign resident, it is filed with the competent court under the Civil Procedure Act.
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The Company automatically records and stores any data that confirms the collection, utilization and provision of personal location information and this data shall be stored for a period of one (1) year for the purpose of handling complaints from other companies and customers.
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If the Company provides location information to a third party designated by the Member, the 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 the Member.
- ① Unless telecommunications device where personal location information was collected incorporates any function to receive text, voice or video.
- ② If the Member requests, in advance, a notification via email address, online publishing, or any telecommunications devices other than the prespecified device herein.
Article 10. (Technical and Administrative Safeguards for Location Information Protection)
The Company implements the following technical and administrative safeguards to prevent leakage, alteration, and damage of location information.
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Designate a Location Information Manager
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Designate a person to have the access right for each stage including collection, use, provision, destruction of location information and limit permissions.
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Implement handling and managing procedures/guidelines specifying the duties and responsibilities of location information handlers.
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Operate and manage the management ledger recording the provision of location information.
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Conduct regular self-audit on location information protection measures
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Apply identification and authentication to check the access permissions for the location information or location information system.
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Take measures such as encryption and firewall to block unauthorized access to the location information system
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Operate electronic devices to automatically record and store the access to the location information system.
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Install and operate security programs to prevent information infringement accidents in the location information system
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Apply security measures using encryption technology to safely store and transmit the Member’s personal location information.
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Application of security protocol to prevent data interception and forgery transmitted over the network
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Design and operation of a system to preserve confidentiality, integrity, availability, and traceability.
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Operating system/network and implementing countermeasures of system network failure
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Application of other matters deemed necessary by the company
Article 11. (Rights of Personal Location Information Subjects)
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The Member may at any time withdraw a part or the entirety of the consent on provision of location-based service and personal location information provision to a third party that rely on personal location information that had been made to the Company. In such a case, the Company shall destroy personal location information and verification data concerning location information usage/provision it had collected.
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The Member may at any time request temporary suspension of collection, usage or provision of personal location information to the Company, and the Company cannot decline the request and is equipped with technical measure to accommodate the request.
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The Member may request perusal or notification of the data listed below and request correction of any error in said data. In such a case, the Company may not decline the Member’s request without a valid reason.
- 1. Data to verify collection, usage and provision of his/her location information
- 2. The reasons and description as to why his/her personal location information was provided to a third party pursuant to the Location Information Act or other regulations.
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The Member may make requests to the Company for exercise of the rights described in Paragraph 1 through Paragraph 3 in the procedure prescribed by the Company.
Article 12. (Rights of Legal Guardian)
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With regard to a Member under 14 years old, the Company must gain consent from both the Member and his/her legal guardian to offer the Location-Based Service and to provide personal location information to a third party. In this event, the legal guardian shall have all rights of Member under the Article 9 hereof.
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If the Company intends to use personal location information of children under the age of 14 or data confirming the use and provision of location information beyond the scope specified or notified in the Terms and Conditions or to provide it to a third party, you must obtain the consent of the child under the age of 14 and his or her representative. However, the following cases are excluded
- 1. In the case of processing and providing data in an unrecognizable form not to identify specific individuals for statistical writing, academic research, or market research.
Article 13. (Rights of Custodians of Children Aged 8 Years or Younger)
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If a custodian 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 29 of the Act on Welfare of Persons with Disabilities)
- Any custodian who intends to consent to the use or provision of personal location information for the purpose of protecting life and physical body of children aged 8 years or younger shall submit a written consent with evidentiary documents for his/her custodianship.
- Any custodian who has agreed to the use or provision of personal location information of children aged 8 years or younger shall have all rights attributed to those children under the Article 7 hereof.
Article 14. (Designation of the Location Information Manager)
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The Company shall designate as its Location Information Manager a person in the position that can bear essential responsibilities to ensure adequate management/protection of location information and the smooth processing of complaints from personal location information.
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The Location Information Manager shall serve as the head of the business department responsible for providing location-based services, and specific details shall be as defined in the supplementary provisions of these Terms.
Article 15. (Compensation for Damages)
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If any damage is incurred to the Member due to Company's violation of Article 15 and/or 26 of Act on the Protection and Use of Location Information, the Member can file compensation for damages against the Company. The Company shall avoid no responsibility unless it proves that its actions are by no intention or negligence.
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If any damage is incurred to the Company due to Member's violation of this Terms and Conditions, the Company can file compensation for damages against the Member. The Member shall avoid no responsibility unless it proves that its actions are by no intention or negligence.
Article 16. (Exemption from Liability)
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If the Company is unable to provide the Services due to any case falling under subparagraphs below, the Company shall assume no liability and/or responsibility for any damages.
- 1. Natural disaster or equivalent force majeure
- 2. Any intentional service interruption by a third party that has entered into Service Partnership Agreement with the Company
- 3. Errors that occur during the Service use due to any reasons imputable to the Member
- 4. Any causes that are of no intention or negligence by the Company excluding the cases as prescribed in the Clause 1 or 3 herein.
- The Company shall provide no guarantee of credibility and accuracy of the Service, or any information, data or fact posted in the Service, and shall assume no responsibility for any Member’s damages caused thereby
Article 17. (Application of Regulations)
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These Terms and Conditions or Services will be governed and implemented by the laws of the Republic of Korea
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Matters not specified in this Terms and Conditions are subject to related laws and business customs.
Article 18. (Dispute Settlement)
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The Company may file an application for arbitration of dissent with the Korea Communications Commission in accordance with Article 28 of the Act on the Protection, Use, ETC. of Location Information in the event that discussions between the parties are not reached or cannot be negotiated on a dispute related to location information.
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If the dispute is not resolved through the aforementioned consultation, the Company and Member can request an arbitration at the Korea Communications Commission under the Article 28 of the Act on the Protection and Use of Location Information, or request an adjustment at the Personal Information Dispute Mediation Committee under the Article 43 of the Personal Information Protection Act.
Article 19. (Contacts)
The Company name, address and contacts are as follows:
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Company Name: Fasoo Co., Ltd
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CEO: Kyugon Cho
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Address: 396 World Cup Buk-ro, Mapo-gu, Seoul 03925, Korea
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Phone: +82-2-300-9000
Supplementary Provision
Article 1. (Enforcement Date)
This Terms and Conditions shall enter into force on April 2017.
Article 2. (Location Information Manager)
The Company has appointed Location Information Manager as of April 2017. Name and contacts are as below.
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Name: Sungho Song
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Department: Development Division 3
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Contact: +82-2-300-9377