Elekqua Co., Ltd. Location-Based Service Terms and Conditions
Article 1 [Purpose of Terms and Conditions]
These Terms and Conditions stipulate that the Company uses personal location information of customers in order for Elekqua Co., Ltd. (hereinafter referred to as “Company”) to provide various location-based services (hereinafter referred to as “Service”) to customers (hereinafter referred to as “Customers”) who have signed a contract with the Company. In accordance with the provisions of the Act on Protection and Use of Location Information (hereinafter referred to as the "Location Information Act") in the position of a location information provider, it is necessary to collect, use, or provide the customer's personal location information to the location-based service provider The purpose is to establish the rights and obligations between the company and the customer, between the company and the location-based service provider, and other matters.
Article 2 [Rules outside of the Terms and Conditions]
Matters not specified in these terms and conditions shall be governed by relevant laws and regulations, such as the Location Information Act, Telecommunications Business Act, Promotion of Information and Communications Network Utilization and Information Protection Act, each service terms and conditions, and guidelines set forth by the company.
Article 3 [Service Types and Charges]
① The company provides services by directly collecting location information or receiving location information from location information providers.
② The content and usage fees of the services provided by the company are in accordance with [Appendix 1] (types of location-based services and usage fees).
Article 4 [Personal location information collection method]
① The company collects location information according to the method set forth in [Appendix 2] (location information collection method).
② If the method of collecting personal location information set forth in Paragraph 1 is changed, the company notifies the customer or announces it on the Internet. However, if prior notice is not possible due to reasons beyond the company's control, notice will be given after the fact.
Article 5 [Use of Service]
① The customer can use the service by agreeing to these terms and conditions set by the company and accepting it by the company.
② The company may not accept a request for use by a customer who falls under any of the following subparagraphs.
1. In the case of a false application, such as not using a real name or using someone else's name
2. In case of application by omitting or misspelling customer registration information
3. When applying for the purpose of hindering or hindering public order or morals
4. In case other application requirements set by the company are not met
③ Depending on the customer's qualifications, part of the service use may be restricted, and the customer's qualifications and scope of service use may change due to changes in the service of the mobile communication service company (name change, termination, etc.)
Article 6 [Termination of Service]
Customers who wish to cancel the service may apply for the service cancellation through the prescribed procedure set by the company (announced through the wired/wireless Internet homepage, etc.).
Article 7 [Level of Service]
① In principle, the use of the service is 24 hours a day, seven days a week. However, the service may be temporarily suspended for business or technical reasons of the company, and the service may be suspended for a period set by the company for operational purposes. In this case, the company will notify you in advance or afterward.
② Location information may have errors due to the development of related technologies.
Article 8 [Restriction and Suspension of Service Use]
The Company may restrict or suspend the use of the customer's service without prior notice, or terminate the customer's authority ex officio if the customer falls under any of the following subparagraphs.
1. In the case of using another person's name (resident registration number) to sign up for the service or stealing another person's personal information
2. In the case of interfering with the use of the service by others
3. In the case of using the service to violate laws, public order, morals, etc.
4. In case the customer interferes with the operation of the service intentionally or by gross negligence
Article 9 [Change and Suspension of Service]
① The company may limit, change, or suspend all or part of the service if it falls under any of the following subparagraphs.
1. In case of unavoidable circumstances due to construction such as maintenance of service facilities
2. If there is a problem with normal service use due to power outages, failures of various facilities, or congestion of usage
3. In case the service cannot be maintained due to various circumstances of the company such as termination of contract with service partners or legal obstacles
4. In case the mobile communication service company subscribed to by the customer has stopped the service
5. In case of force majeure such as natural disaster or national emergency
② In the event of a service restriction, etc. pursuant to Paragraph 1, the company notifies the customer or announces it on the Internet. However, if prior notice is not possible due to service limitations due to reasons beyond the company's control, such as disk failure or system down, which are not attributable to the company, notification will be given after the fact.
Article 10 [Customer's personal location information protection]
The company strives to protect customers' personal location information in accordance with the relevant laws and regulations.
Article 11 [Collection, use or provision of personal location information]
① The company may collect and use the customer's personal location information to provide services, and the customer is considered to have agreed by agreeing to these terms and conditions.
② The company does not provide the personal location information provided by the customer to a third party without the consent of the customer.
③ The company does not use the personal location information provided by the customer for any purpose other than providing the service without the consent of the customer.
Article 12 [Notification of Provision of Personal Location Information]
① The company may provide the customer's personal location information to a third party designated by the customer, and if requested by the customer, the person to whom the customer is provided, the date and time of provision, and the purpose of provision are the target terminal or customer whose personal location information was collected. notified via e-mail, etc.
② However, if it falls under any of the following subparagraphs, it may be notified by the target terminal designated by the customer or by other objectively appropriate means such as e-mail.
1. If the target terminal that collected personal location information does not have a function to receive text, audio, or video
2. When the customer requests in advance
③ The company may collect and notify the details of information provision to third parties at a certain number of times or for a period of up to 30 days.
Article 13 [Retention of Location Information Collection/Use/Provision Confirmation Data]
① Based on Article 16, Paragraph 2 of the Location Information Act, the company automatically records data confirming the collection, use, and provision of location information for customers in the location information system and retains it for 12 months from the time of recording.
② In accordance with the provisions of Article 24, Paragraph 4 of the Location Information Act, if the customer withdraws all or part of the consent, the company shall, without delay, confirm the use and provision of the collected location information (in case of partial withdrawal of the consent, the withdrawal (limited to personal location information and data confirming the use and provision of location information) of this part) will be destroyed. However, if there is a need to preserve it in accordance with the provisions of other laws, it will be preserved in accordance with the relevant laws and regulations.
Article 14 [Retention period and use period of personal location information]
The Company achieves the purpose of collecting, using, or providing personal location information of the customer, or withdraws all or part of the consent to the collection, use, or provision of personal location information by the customer pursuant to Article 23, Paragraph 1 of these Terms and Conditions. In this case, the customer's personal location information, other than data confirming the use and provision of location information that must be recorded and preserved in accordance with the provisions of Article 16, Paragraph 2 of the Location Information Act, is destroyed without delay.
Article 15 [Rights of legal representative]
① In accordance with Article 18, Paragraph 1, Article 19, Paragraph 1, Paragraph 2, or Article 21 of the Location Information Act, the company intends to collect, use, or provide personal location information of children under the age of 14 by the child themselves. and the consent of the legal representative.
② The provisions of Article 23 (Customer's Rights) of these Terms and Conditions apply mutatis mutandis when the legal representative agrees in accordance with the provisions of Article 25 Paragraph 2 of the Location Information Act. In this case, “customer” is regarded as “legal representative”.
Article 16 [Use of location information to protect children under the age of 8]
① For the protection of the life or body of a person who falls under any of the following subparagraphs (hereinafter referred to as “children under the age of 8, etc.”), the personal location information of the child, etc. If you agree to the collection, use or provision, it is deemed that you have given your consent.
1. Children under the age of 8
2. Incompetents
3. A person with a mental disability according to Article 2, Paragraph 2, Subparagraph 2 of the Disabled Persons Welfare Act, and a person with severe disabilities under Article 2, Subparagraph 2 of the Disabled Persons Welfare Act (Article 32 of the Disabled Persons Welfare Act) (limited to those who have been registered as disabled)
② The provisions of Article 23 (Customer's Rights) of these Terms and Conditions apply mutatis mutandis when the legal representative agrees in accordance with Article 26 Paragraph 4 of the Location Information Act. In this case, the “customer” is regarded as the “duty of protection”.
Article 17 (Requirements for consent to use of location information for protection of children under the age of 8)
① A person who wishes to consent to the collection, use or provision of personal location information for the protection of the life or body of children under the age of 8 must attach a document proving that he or she is the person responsible for protecting children under the age of 8 to the written consent form. should be submitted to.
② In the written consent form pursuant to Paragraph 1, the following items must be written and the person responsible for protection must sign and seal.
1. Name, address and date of birth of children under the age of 8
2. Name, address and contact information of the duty of care
3. The fact that the purpose of collecting, using or providing personal location information is limited to protecting the life or body of children under the age of 8
4. Date of consent
Article 18 [Provision of personal location information]
① The location-based service provider may request the company to provide personal location information of the personal location information subject in accordance with the provisions of Article 20 of the Location Information Act with the consent of the subject of personal location information pursuant to the same Act.
② Location-based service providers must request personal location information from the company by completing the following items.
1. The fact that the consent of the subject of personal location information was obtained
2. Scope and period of personal location information
3. The company finds that the location-based service provider requests the personal location information of the subject of personal location information without consent pursuant to Paragraph 1, or the company confirms that there is no consent to the provision of personal location information of the subject of personal location information. or if the request is judged to be in violation of the relevant laws, we may refuse to provide the personal location information of the subject of personal location information.
Article 19 [Contents of Personal Location Information Provision Service]
The details of the personal location information provision service provided by the company to location-based service providers and the specific details, such as fees and conditions related to the provision of personal location information, are as set forth in [Appendix 3] (location information provision service and fee conditions, etc.) .
Article 20 [Billing and payment of fees, etc.]
① The company charges the location-based service provider to pay the fee on the date set by the company.
② The company sends the invoice required for payment to reach the location-based service provider 10 days before the due date.
③ If the fee is not paid by the designated date, the company will impose an additional charge equivalent to 2/100 of the fee.
Article 21 [Appeal on charges, etc.]
① If a location-based service provider has an objection to the charged fee, he/she may file an objection within 6 months from the billing date.
② The company investigates the validity of the objection in Paragraph 1 and notifies the objector within 30 days of the result.
Article 22 [Obligations of the company]
① The company must promptly process customer complaints related to the service, and if it is difficult to process promptly, the reason and processing schedule will be notified to the customer.
② The company complies with laws and regulations related to the operation and maintenance of services, such as the Location Information Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Protection of Communications Secrets Act, and the Telecommunications Business Act.
③ In accordance with Article 20, Paragraph 1 of the Location Information Act, the company cannot refuse to provide personal location information requested by other location-based service providers without justifiable reasons.
④ The company uses customer personal information and information related to service use collected at the time of signing a use contract to provide optimized services by activating customer services more, and to conduct customer-oriented marketing such as new product or event information guidance and surveys. can be utilized. However, if you intend to use it beyond the scope of consent of the customer or provide it to a third party, you must obtain consent from the customer in advance. In this case, the customer may refuse the company's request for consent.
⑤ When the company requests to register a customer as a credit delinquent with related institutions such as credit information collection agencies under Article 25 of the Act on the Use and Protection of Credit Information in relation to bill overdue, the company must go through the necessary verification procedures, such as the identity of the person subject to the registration request. .
Article 23 [Customer's Rights]
① Customers may withdraw all or part of their consent to the company's collection, use, or provision of customer's personal location information through wired or wireless Internet.
② Customers may request temporary suspension of the company's collection, use, or provision of customer's personal location information through wired or wireless Internet, etc. However, in this case, the provision of related services provided by the company may become impossible.
③ The customer may request the company to view or notify the data that falls under any of the following subparagraphs, and may request correction if there is an error in the data.
1. Data confirming the collection, use, and provision of location information about customers
2. The reason and content of the customer's personal location information provided to a third party in accordance with the Location Information Act or other laws
Article 24 [Customer Obligations]
① If the customer is obliged to pay the fee according to the service use contract, the customer must pay the fee by the designated date, and if the billing address and contact information notified to the company have changed, the customer must notify the company.
② When providing and registering various information necessary for service provision, the customer must provide and register complete information consistent with the current facts, and must update immediately if any changes occur.
③ The customer must manage the target terminal to maintain normal operation, and if there is a problem in providing service because the normal operation of the target terminal is not maintained, repair and exchange of the target terminal are promptly processed to ensure smooth service. .
④ Customers must not engage in any of the following acts.
1. The act of entering false facts when applying for or changing service
2. Acts that damage or disadvantage others' reputation
3. Distributing information, sentences, figures, voices, etc. that violate public order and morals to others
4. An act of registering or distributing data infected with computer viruses that cause malfunction or destruction of information or confusion of equipment related to personal location information collection or service
5. Acts of pretending to be others and falsely specifying relationships with others
6. An act of distributing false information for the purpose of giving property benefits to oneself or others or causing damage to others
7. Acts of misappropriating or leaking personal location information of others without permission
8. Other acts falling under each subparagraph of Article 8 of these Terms of Use or illegal or unfair acts
⑤ Customers must comply with related laws, the provisions of these terms and conditions, notices notified in the user guide and service, and matters notified by the company, and must not engage in any other act that interferes with the company's business.
Article 25 [Obligations of location-based service providers]
① The location-based service provider must pay the fee according to the terms and conditions to the company by the specified date, and if the billing address and contact information notified to the company are changed, it must notify the company.
② Location-based service providers use the customer's personal location information provided by the company only for the purpose of providing services to the location-based service provider.
③ Location-based service providers shall not engage in any of the following acts.
1. Act of requesting the personal location information of the subject of personal location information to the company without obtaining the consent of the subject of personal location information
2. An act of registering or distributing data infected with computer viruses that cause malfunctions of facilities related to the collection and provision of personal location information or destruction and confusion of information
3. An act of distributing false information for the purpose of giving property benefits to oneself or others or causing damage to others
4. Acts of misappropriating or leaking personal location information of others without permission
5. Other illegal or unfair acts
④ Location-based service business operators are required to comply with laws and regulations related to the use and provision of personal location information of customers, such as the Location Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Protection of Communications Secrets Act, and the Telecommunications Business Act, as well as the provisions of these Terms and Conditions. and matters notified by the company, and must not engage in any other act that interferes with the company's business.
Article 26 [Responsible for managing contact and location information of the company]
① Company name, address, phone number and other contact information are as follows.
1. Trade name: ElecQUA Co., Ltd.
2. CEO: Hanchun Lee
3. Address: 504, 18 Maebongsan-ro, Mapo-gu, Seoul
4. Phone number: 02) 304-2293
② The company appoints a person in charge of location information management as follows to properly manage and protect location information and strive to handle customer complaints smoothly.
1. Location information management manager: CS team leader
2. Phone number: 02-304-2293
Article 27 [Prohibition of transfer]
Customers, companies, and location-based service providers cannot transfer, delegate, or dispose of all or part of their position, rights, or obligations under these terms and conditions to a third party for the purpose of providing security.
Article 28 [Compensation for damages]
① In the event that a customer or location-based service provider violates the provisions of these terms and conditions and causes damages to the company, the party violating these terms and conditions must compensate the company for all damages.
② If the company receives various objections, including claims for damages or lawsuits from a third party due to illegal acts or violations of these terms and conditions by customers or location-based service providers, the party who committed the tort or violation of these terms and conditions shall be responsible for itself. If the company is not indemnified, the customer must compensate for the damages caused to the company.
③ If the customer suffers damage due to the company's violation of Articles 15 to 26 of the Location Information Act or the service provided by the company, the company is liable for the customer's damage unless the company proves that there is no intention or negligence. and the scope of liability is limited to normal damages.
Article 29 [Disclaimer]
① The company is not responsible for damages caused by any of the following reasons.
1. In the event of a natural disaster or equivalent force majeure
2. In case of reasons attributable to the customer, location-based service provider, or other third party
3. In the case of other reasons without intention or negligence of the company
② The company is not responsible for the loss of profits expected by the customer using the service, and is not responsible for damages caused by data obtained through the service.
③ The company does not guarantee the service and the reliability and accuracy of the information, data, and facts posted on the service, and the customer must make the final decision on the service provided by the company and the information obtained using the service, and the responsibility accordingly is entirely at the customer's own risk, and the company is not responsible for any damages resulting therefrom.
④ If the service cannot be provided normally due to business or technical obstacles of the company, the company notifies the customer on the Internet homepage or other methods such as e-mail or SMS. However, if prior notice is not possible due to reasons beyond the company's control, it will be notified afterwards.
Article 30 [Settlement of Disputes]
① In the event of a dispute between the company and the customer or location-based service provider in relation to the collection of personal location information or the provision of services, the company and the customer or location-based service provider conscientiously consult to resolve the dispute.
② If the dispute between the company and the customer is not resolved despite the consultation in Paragraph 1, both parties may apply for mediation to the Personal Information Dispute Mediation Committee in accordance with Article 43 of the Personal Information Protection Act.
③ If the dispute between the company and the location-based service provider is not resolved despite the consultation in Paragraph 1, both parties may apply for a ruling to the Korea Communications Commission.
<Appendix>
Article 1 [Enforcement Date]
These terms and conditions will be effective from April 01, 2021.
[Appendix 1] Types of location-based services and fees
① The company provides the following services using the location information and status information of the target terminal.
[Weather information service]
A service that allows users to receive information such as weather (temperature/humidity), fine dust, etc. of the place where the user is located on the screen when using the app through the app: Information usage fee is free (communication fee is separate)
[ElecQUA APP Service]
As a service that allows convenient remote control of Elekqua's IoT devices, the service operates the device according to the conditions set by the user based on the current location of the user and group members and the product installation location and provides related notifications: information Free usage fee (separate communication fee) [Appendix 2]
[Appendix 2] Location information collection method
The company collects and provides location information as follows.
① The service is provided by the contract between the company and the customer, and the location information collected from the customer is used only for the purpose of utilizing the company's business purpose as a location information provider and location-based service provider. It cannot be used by a third party unless there is a separate agreement between you and the customer.
② When the company collects the customer's location information, it collects only the customer's target terminal number and location coordinates necessary to provide the service, and is safely managed with access control technology.
③ The company collects location information by receiving the location information measured through the GPS receiving module in the customer's mobile device and knowing the location information.
④ The company may send notifications to customers using other appropriate means such as e-mail or SMS for the purpose of notifying about the service.
[Appendix 3] Location information provision service and fee conditions, etc. [Appendix 1]
The company collects location information to use location-based services provided by the company, and does not provide location information services to location-based service providers other than the company.