User agreement of Location-based Services
Article 1 (Object)
This agreement is setting forth the rights, obligations and responsibilities of a Company and its members in using location-based services(hereinafter referred to as the “Service”) which Kweather Co., Ltd.(hereinafter referred to as the “Company”) provides a member(person who agrees with the terms of service of Weather, hereinafter referred to as the “Member”)
Article 2 (The effect and change of agreement)
① This agreement takes effect when customer or personal location information subject applying for services agree with the agreement and register as a member in accordance with the prescribed procedures of the service.
② If members click on online “agree” button regarding this agreement, it means that they already read and understood all the contents of this agreement and agreed with its application.
③ Company is capable of amending this agreement without violating Protection and Use of Location Information Act, Contents Industry Promotion Act, Consumer Protection in Electronic Commerce Act, Regulation of Consumer Basic Law Agreement etc and other relevant laws.
④ If company amends this agreement, specify the existing agreement together with the revised agreement, its effective date and the revision reasons. Notify it with the existing agreement from 10 days before the date of application during a considerable period after the date of application. If the revised one is disadvantageous to the members, notify it on the service website or post it to the members in electronic forms (e-mail, SMS, etc) from 30 days before the date of application during a considerable period.
⑤ While Company notifies it to the members in accordance with the preceding paragraph, if company does not show any refusal from the notice date to 7 days after the effective date of the revision, it means that the members agree with the revised one. If the members do not agree with the revision, they can terminate their membership.
Article 3 (The application of relevant laws)
This Agreement is applied fairly in accordance with the principle of good faith. Refer to the relevant laws or commercial practice regarding anything not mentioned in this agreement.
Article 4 (Service Contents and service charge)
① Company provides the following service using location information and status information received by location information licensee.
|current location weather
||Provide local weather information services using members’ current location
② The services offered by Company is basically free. However, the data communication fee for wireless services use should be paid separately according to the subscribed communication company’s policy.
Article 5 (The way of collecting location information)
Company collects personal location information in the following ways.
① Collecting Real-time location information based on Base station (Cell ID method) using the mobile phone.
② Collecting location information by GPS information through a dedicated terminal built-in GPS chip.
③ Collecting location information by Wi-Fi information through a dedicated terminal built-in Wi-Fi chip.
Article 6 (Notification of service contents change etc)
① If company changes or terminates service contents, company can notify it via e-mail at members’ registered e-mail address.
② For the case ① when the notification for unspecified many members is done, company can notify it using website and so on.
Article 7 (Limitation or cease of service use)
① Company may limit or cease members’ service use in accordance with each of the following reasons.
1. If members interfere with the operation of the service with intention or gross negligence.
2. If there are unavoidable service facility inspection, maintenance or construction.
3. If telecommunication licensees specified in the Telecommunications Act stop telecommunication service.
4. If service is difficult to use because of State of emergency, service equipment failures or congestion of service etc.
5. If it is inappropriate for company to continue providing the service because of other serious reasons.
② When company limits or ceases members’ service use in accordance with the provisions of the preceding paragraph, notify the reasons and the period of limitation to the member.
Article 8 (Use or supply of private location information)
① If company wants to provide the service using personal location information, specify it in the user agreement in advance and obtain the consent of the personal location information subject.
② In regard to rights of members and their legal guardians and ways of executing the rights, it is decided by the users’ addresses at the time of complaint. If there is no address of the member, the district court having jurisdiction over the place of residence will decide. However, if the members’ addresses or places of residence at the time of complaint are not clear or they are foreign residents, a competent court by Code of Civil Procedure decides on it.
③ Company records automatically and preserves data about use and supply of location information for one year in order to settle the handling fee and complaint between users or among other licensees.
④ When company provides personal location information for designated third parties through the communication terminal device of the year when personal location information is collected, company should notify the name of person, the date and the purpose immediately. However, in each of the following reasons, company may notify it to the pre-specified communication device or via e-mail.
1. Terminal device collecting personal location information does not have the functions such as text, voice or video reception function
2. Members request to be notified in advance in a way such as online publication
Article 9 (Rights of private location information subject)
① Members can withdraw all or parts of consent about providing location-based services of personal location information and providing location information to third parties at any time. In this case, company destroys the collected personal location information and location information use data.
② Members can require company to cease temporarily the collection, use and supply of personal location information at any time. Company can not refuse it and should have the technical means for it.
③ Members can request the view or notification of the each following provisions and demand correction if there is any error. Without any justifiable reason, company can not refuse the members’ requests.
1. Verification material for collecting, using and supplying of their own location information
2. A Reason why their own personal location information was provided to a third parties in accordance with Protection and Use of Location Information etc Act or any other laws
④ Members may ask for the exercise of their rights in ① or ③ in accordance with the company’s prescribed procedures.
Article 10 (the right to legal representatives)
① Company needs the consent of members under the age of 15 and their legal representatives about providing the location-based services using personal location information and personal location information to the third parties. In this case, the legal representatives of the members have the right in accordance with Article 7.
② Company needs the consent of members under the age of 15 and their legal representative about using personal location information of children under the age of 14 beyond the scope of this agreement. However, the following cases are exceptional.
1. If the information is necessary to deal with the price of providing location information and location-based service.
2. If information is processed in the form that a specific individual can not be identified for statistics producing process, academic research or market research
Article 11 (designation of a person in charge of the location information management)
① Company designates a person in charge who takes actual responsibilities in order to manage and protect location information properly and handle dissatisfaction of the personal location information subject.
② A person in charge of location information management is a head of the department which provides the location-based service and follows the supplementary provision for detailed case.
Article 12 (compensation for damages)
① If company violates article 15 or article 26 of the Protection and Use of Location Information Law and causes the members’ damages, members can demand compensation for damages to the company. In this case, company should take its responsibility without proof of having neither intention nor negligence
② If members violate any regulation of the agreement and cause the company’s damage, the company can demand compensation for damages to the members. In this case, members should take their responsibilities without proof of having neither intention nor negligence.
Article 13 (exemption from responsibility)
① If company is unable to supply service for the following reasons, company takes no responsibility of members’ damages.
1. Natural disasters or similar inevitable conditions
2. Intentional interruption from third parties which made service partnership
contract for service supply
3. Disability of service use due to members’ causes
4. company’s other reasons with neither intention nor negligence except above 1 or 3
② Company does not ensure reliability and accuracy of service and information, data, fact from service. Company takes no responsibility of members’ damage due to this deficiency of reliability and accuracy.
Article 14 (observation of regulation)
① This agreement is regulated and implemented by the law of Republic of Korea.
② If there is any collision between this agreement and Kweather’s own regulation, the former is superior to the latter. Refer to the Kweather’s own regulation regarding anything not mentioned in this agreement. Refer to the relevant law or commercial practice regarding anything not mentioned in the Kweather’s own regulation.
Article 17 Inquiries
If users have any uncertainty about this user agreement or questions, complaints, or comments on the handling of personal information related to the Service, users are able to contact us via E-mail firstname.lastname@example.org
(enforcement date) This agreement becomes effective on 28th June, 2013.