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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 Kakao Corporation (hereinafter, the "Company") and subscribers who use the Company's Location-Based Services (hereinafter, the "Subscriber")
Article 2. (Effectiveness and Modification of the Terms and Conditions)
- ①This Term and Conditions shall be effective upon the Subscriber' agreement and registration thereafter as the user of this Service.
- ②When the Subscriber clicks on the “Agree” button hereof, he/she shall be deemed to have read and fully understood the Content and agree to the application thereof.
- ③The Company may, if necessary, modify the Terms and Conditions to the extent that it does not violate relevant laws and regulations to reflect any changes in Location-Based Services.
- ④If modifications are made to these Terms and Conditions, the Company shall notify any such modifications at least fifteen (15) days before the effective date through the Company's homepage, service notices, and the like (hereinafter referred to as the "Homepage, Etc."). However, if the revised content causes a significant change to the Subscriber's rights, individual notification of such shall be sent through an email (or other electronic methods, such as sending electronic messages from within services or posting announcements within the service, if an email address is not available) or to a KakaoTalk or text message through the mobile phone number that was entered upon service sign-up, at least thirty (30) days before the effective date.
- ⑤If the Company makes announcements or sends notifications to the Subscriber under the preceding Paragraphs, while clearly stating that the Subscriber shall be deemed to have agreed to the revised Terms and Conditions unless he/she expresses intentions to object to such revisions from the date of the announcement up until seven (7) days after the effective date, and the Subscriber expresses no objections to the revisions, then the Subscriber shall be deemed to have agreed to the revised Terms and Conditions. Unless the Subscriber agrees to the revised Terms and Conditions, he/she may withdraw the consent hereto.
Article 3. (Additional Rules)
Any matters that are not specified in this Terms and Conditions shall be subject to the Act on the Protection, Use, Etc. of Location Information, Personal Information Protection Act, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection and other relevant laws and regulations and the Company's guiding principles.
Article 4. (Services)
The Company provides the Location-Based Services as below in use of Subscriber's location information collected by location information business operators, etc.
- ①Providing or recommending search results or contents based on location information
- ②Location-sharing, notification by location/area, route guidance for living convenience
- ③Content tagging to categorize location-based contents
- ④Location-based customized advertisement
Article 5. (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 6. (Change, Limitation, and Suspension of Service Use)
- ①Unless the Company can maintain the Service due to various conditions, including changes to policy and/or relevant laws and regulations, etc., all or part of the Service may be restricted, modified, or suspended.
- ②The Company may restrict or suspend the Member's use of the Service in any case falling under the subparagraphs:
- 1.WHERE a Member interferes with the operation of the Company's services by intention or gross negligence;
- 2.WHERE it is inevitable due to inspection, maintenance, or production of service equipment;
- 3.WHERE any telecommunications service provider stipulated in the Telecommunications Business Act suspends the telecommunications service;
- 4.WHERE the service use is interrupted due to a national emergency, service equipment failure, or traffic congestion; and
- 5.WHERE the Company considers that it is inappropriate to continue providing the Service for any other serious reasons
- ③If the Service is restricted or suspended under Paragraphs 1 and 2 hereof, the Company shall post a prior notice on the Company's homepage or notify the Subscriber of the reasons for and period of such restrictions.
Article 7. (Utilization or Provision of Personal Location Information)
- ①If the Company uses any personal location information to provide the Service, the Company must notify such uses and acquire the Provider's approval.
- ②The Company shall not provide personal location information to a third party without the Subscriber's consent. In case of such provision to a third party, the Company shall notify to the Subscriber the information recipient and the purpose of provision.
- ③Whenever the Company provides location information to third parties designated by the Subscriber, the Company shall immediately notify the Subscriber of the recipient, date, and purpose of the provision via telecommunications device collecting such information; provided, however, that, in any case falling under subparagraphs below, notifications shall be sent via telecommunications device, email, or online notice that has been prespecified by the Subscriber.
- 1.Unless telecommunications device where personal location information was collected incorporates any function to receive text, voice, or video.
- 2.If the Subscriber requests, in advance, a notification via email address, online publishing, or any telecommunications devices other than the prespecified device herein.
- ④In accordance with the Act on the Protection and Use of Location Information, the Company shall automatically record and store any data that confirms the utilization and provision of personal location information, and this data shall be stored for six (6) months.
Article 8. (Purpose and Duration of Personal Location Information Retention)
The Company shall retain personal location information as described below in order to provide location-based services.
- ①Personal location information shall be immediately destroyed once the information has been used in and provided to location-based services, as specified in Article 4 of these Terms and Condition.
- ②However, the personal location information in Subscriber-created posting and contents which are in services that store location information (geotagging) shall be retained as long as the posting and/or content remains in the service.
- ③If needed, personal location information may be retain for a minimum amount of time to provide location-based services.
- ④Notwithstanding the above Paragraph 1, 2 and 3, if the Act on the Protection and Use of Location Information or other laws and regulations prescribes justifiable reasons to retain personal location information, then the information shall be retained in accordance with such relevant laws.
Article 9. (Rights of the Personal Location Information Provider)
- ①The Subscriber can reserve all or part of his/her consent to the utilization and provision of location-based services that use the personal location information.
- ②The Subscriber can withdraw all or part of his/her consent to the utilization and provision of location-based services that use the personal location information at any time. In this event, the Company shall destroy the personal location information within the withdrawn extent and any data confirming the utilization and provision of location information.
- ③The Subscriber can demand that the Company temporarily suspend the utilization and provision of personal location information. In this event, the Company shall not refuse such requests and prepare any technical measures for the preceding.
- ④The Subscriber may demand the inspection or notification of the following information and correct any errors therein. The Company shall not refuse any such demand without justifiable ground in this event.
- 1.Any data that confirms the utilization and provision of the Subscriber's location information
- 2.Reasons and details that the Subscriber's personal location information has been provided to a third party under the Act on the Protection and Use of Location Information or other relevant laws and regulations.
- ⑤The Subscriber may request the Company to exercise his/her rights by using the contacts as prescribed in Article 14 hereof.
Article 10. (Rights of Legal Representative)
- ①With regard to a Subscriber under 14 years old, the Company must gain consent, from both the Subscriber and his/her legal representative, to offer the Service in use of his/her personal location information and to provide the personal location information to third parties. In this event, the legal representative shall have all rights of the Subscriber under Article 8 hereof.
- ②If the Company intends to use the personal information of children under 14 or any data confirming the utilization and provision of location information beyond the extent specified or notified in the Terms and Conditions or provide them to third parties, it shall gain consent from the Subscriber and his/her legal representative. However, the following cases are excluded.
- 1.WHERE any data confirming the utilization and provision of location information is required to adjust the charge for the provision of location information and location-based services; and
- 2.WHERE relevant information is processed and provided for statistical preparation, academic study, or market research in an unrecognizable form so that a specific individual cannot be identified
Article 11. (Rights of Custodians of Children Aged 8 Years or Younger)
- ①If a custodian prescribed in the Article 26(2) of the Act on the Protection and Use of Location Information (the "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 32 of the Act on Welfare of Persons with Disabilities)
- ②Any 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.
- ③Any custodian who has agreed to the use or provision of personal location information of children aged eight (8) years or younger shall have all rights attributed to those under Article 9 hereof.
Article 12. (Compensation for Damages)
If any damage is incurred to the Subscriber due to Company's violation of Article 15 and/or 25 of Act on the Protection and Use of Location Information, the Subscriber 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.
Article 13. (Exemption from Liability)
- ①If 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 Subscriber
- 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.
- ②The 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 Subscriber's damages caused thereby.
Article 14. (Dispute Settlement)
- ①The Company shall consult with the Subscribers in good faith to settle any disputes related to location information.
- ②If the dispute is not resolved through the aforementioned consultation, the Company and Subscriber 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 15. (Company Information)
The Company's name, address, and contacts are as follows:
- Company Name : Kakao Corporation
- CEO : Namkoong Whon
- Address : 242 Cheomdan-ro, Jeju-si, Jeju-do (Youngpyung-dong)
- Gen: 1577-3754 (Charged)
AddendaArticle 1. (Enforcement Date)
These Terms and Conditions shall enter into force on April 20, 2022.Article 2. (Location Information Manager)
The Company has appointed Location Information Manager who is in charge of supervising and protecting individual location information and settling user grievances. Location Information Manager is the head of the department that operates Location-Based Services. Name and contacts are as below.
- Name: Yeonjea Kim
- Gen: 1577-3754 (Charged)
- Exclusive Inquiry Board for Location Information: https://cs.kakao.com/location_term_requests