BLACKVUECLOUD Terms of Location-Based Service Use
1. Purpose
The purpose of these Terms
of Location-Based Service Use (hereinafter referred to as the ÔTermsÕ) is to enunciate the
rights, obligations and responsibilities of the Company and a subject of
personal location information, and other necessary matters with regard to
location-based service operated and provided by Pittasoft Co., Ltd. (hereinafter
referred to as the ÔCompanyÕ.).
2. Rules in Addition to
the Terms
For any matter not
specified in these Terms, relevant laws such as the Act on the Protection, Use,
Etc., of Location Information and the Act on Promotion of Utilization of
Information and Communications Network, Terms of Service, Privacy Policy and
Terms of Charged Service of the Company apply.
3.
Effectiveness and Modification of Terms of Service
1. These Terms become valid
when a subject of personal location information agrees to these Terms and
registers as a member according to a procedure determined by the Company.
2. When a member has clicked
the ÔAgreeÕ button on these Terms online, it is deemed that the member has
read, fully understood and agreed to apply all contents of these Terms.
3. The Company may, if there
is a significant reason for company operation or business, modify these Terms
within a range that is not against the relevant laws, and the modified Terms
become valid when the Terms are posted and announced in the same procedure and
method specified in Article 4 of the Terms of Service of the Company.
4. Contents of
Service
1. The Company provides the
following services by gathering location information, which a member by
agreeing to these Terms voluntarily consents to the collection of said location
information, or receiving location information from a licensed location
information provider.
A. Dashboard
Camera GPS
services for automotive vehicles including location information
B. Data management services,
which manage data including location information saved in a Cloud storage space
C. Search services based on
current location information (areas affected by an accident, gas stations,
parking lots, etc.)
D. Connected services based on
current location information (chauffeur services, parcel delivery, etc.)
2. Some of the services in the
subparagraphs of Paragraph 1 may be operated at a cost. For charged services,
the information required for the payment does not include location information,
and the Terms of Charged Service of the Company apply.
3. The Company requires the
consent of a member for the provision of the services specified in Paragraph 1 when
providing personal location information to a third party designated by the
subject of personal location information. The Company informs the member who
gave consent that they are providing personal location information (party
receiving personal location information, date and purpose of provision)
immediately.
5. Method of Gathering
Location Information
The Company gathers
personal location information using the following method.
The location information of
a customer is gathered using GPS information recorded by the dashboard camera
which has a built-in GPS chip or can be otherwise connected to one. If the
method of gathering personal location information changes, the Company will notify
members in advance. However, if the Company cannot notify members in advance
due to unforeseen circumstances, the Company may notify members afterward.
6. Contents of Collected
Location Information
1. The contents of location
information collected by the Company according to the agreement of a member are
as follows:
A. Location of the vehicle-mounted
dashboard camera of the subject of personal location information
B. Surrounding network
information in order to determine the location of the vehicle-mounted dashboard
camera of the subject of personal location information
2. The Company may receive the
location information of the vehicle-mounted dashboard camera of the subject of
personal location information from the location information business operator with
the consent of the member.
7. Rights of the
Subject of Personal Location Information
1. A subject of personal
location information may withdraw his/her consent for part of the purpose of
use or provision of personal information, the parties to whom personal
information is provided, and the location-based service. He/she may withdraw,
at any time, all or part of his/her consent.
2. A subject of personal
location information may request temporary suspension of the use or a provision
of personal location information at any time. In such a case, the Company
cannot refuse such request and will take technical measures to fulfill such a
request.
3. If the subject of personal
location information attaches a document proving his/her identity and requests
in writing, the Company will inspect or disclose the following information and
the subject of personal location information may request the correction of any
error.
A. Data confirming the
collection, use and provision of location information of the subject of
personal location information
B. The reason and contents of
location information of the subject of personal location information provided
to a third party according to the provisions of the said Act or other Acts
4. If a subject of personal
location information has withdrawn his/her consent on the use and provision of
location information in whole or in part, the Company will discard that
personal location information and data confirming the use and provision of
location information (data confirming the use and provision of partial data
from which the subject has withdrawn consent in the case where the subject
withdraws his/her consent in part) without delay.
8. Right of
Legal Representative
1. If the Company intends to
use and provides personal location information of a child under the age of 14
(including providing to a third party designated by the subject of personal
location information), the Company must receive the consent of his/her legal
representative.
2. If the Company intends to
use personal location information or data confirming the use or provision of
location information of a child under the age of 14 beyond the scope specified
or notified in the Terms of Service or provides the said information or data to
a third party, the Company must obtain the consent of the child under the age
of 14 and his/her legal representative. However, the following cases are
excluded.
A. Where data confirming the
use and provision of location information are required to calculate fees
related to the provision of location information and location-based services
B. Where data is processed in
such a way that any specific person cannot be identified, and provided for the
purpose of statistics, academic research or market research
3. The legal representative of
a child under the age of 14 may, if he/she gives consent to the use or
provision of personal location information of the child under the age of 14,
exercise the right to withhold consent (Article 19, Paragraph 4 of the Act),
the right to withdraw consent, the right to suspend consent temporarily, the
right to request inspection and notification (Article 24 of the Act).
9. Right of
Legal Guardian of a Child under the Age of 8, Etc.
1. Where the legal guardian of
a person falling under any of the following cases (hereinafter referred to as
Òchild under the age of 8, etc.Ó) gives consent to the use or provision of
personal location information of the child under the age of 8, etc. for the
protection of the latterÕs life or body, the Company deems that the child, etc.
himself/herself gives consent thereto.
A. A child under the age of 8
(A child under the age of 8 cannot become a member of the Company in
principle.)
B. Someone not legally able to
make decisions for him/herself
C. A person with a mental
disability according to Article 2 (2) 2 of the Act on Welfare of Persons with
Disabilities who is classified as a person with a severe disability under
subparagraph 2 of Article 2 of the Employment Promotion and Vocational
Rehabilitation of Disabled Persons Act (limited to those registered as disabled
persons pursuant to Article 29 of the Act on Welfare of Persons with
Disabilities).
2. The legal guardian who
intends to give consent to the use or provision of personal location
information for the protection of life or body of a child under the age of 8,
etc. should attach a document proving that he/she is the legal guardian to
his/her written consent and submit it to the Company.
3. The legal guardian may, if
he/she gives consent to the use or provision of personal location information
of a child under the age of 8, etc., exercise all rights of the subject of
personal location information.
10. Designation of
Location Information Manager
1. The Company designates and
operates a person who is in the position which enables him/her to take actual
responsibility to manage, protect location information properly and handle complaints
from the subject of personal location information smoothly as the location
information manager.
2. The location information
manager is the head of the department that provides location-based service.
11. Location
Information Protection Arrangements
The Company fulfills the
managerial responsibilities falling under any subparagraph of Article 20,
Paragraph 1 of the Enforcement Decree of the Act on Protection &
Utilization of Location Information, etc. under the responsibility of the location
information manager as the managerial arrangement for the protection of
personal location information.
12. Service Fee
The Company may follow the
method determined by an electronic payment service provider which has concluded
a contract with the Company for the charged service fee or charge the fee
according to the method determined by a service provider.
The charged service use
agreement between a member and the Company is concluded when the member submits
an application for use of the charged service to the Company and the Company
accepts the application. The charged service fee, etc. should be paid in
advance, and the fee will be charged and paid in such a manner that the member
pays a certain amount of money in advance through a payment means provided by
the Company and an amount of money is deducted according to purchase and use.
For the type of charged
service fee, etc., these Terms and the Terms of Charged Service of BLACKVUE
CLOUD apply. The Company may refuse a request for a refund or request of
personal information of a person who made a payment due to unauthorized use of
personal information and payment fraud.
The Data communication fee
occurring when wireless service is used is charged separately, and the policies
of each subscribed mobile carrier apply. If a member has an objection to the
charged fee, he/she may raise an objection within 5 days from the date of
settlement, and the Company will investigate the validity of such raised
objection and notify him/her of the result within 10 days.
13. Grounds for
and Period of Retaining Location Information and Data Confirming the Use or Provision of Location Information
1. The Company records and
stores data confirming the collection, use or provision of location information
on the location information system according to Article 16 of the Act on the
Protection, Use, Etc. of Location Information.
2. The Company shall destroy
personal location information except for information specified in Paragraph 1
of this Article after the purpose of use or provision has been achieved.
3. The Company holds data
specified in Paragraph 1 of this Article for 6 months in order to fulfill the
obligations specified in Article 7, Paragraph 3 of these Terms. However, for
the details in the use of charged service, the period of holding specified in the
Act on the Consumer Protection in Electronic Commerce, Etc., Electronic
Financial Transactions Act, etc. which is introduced in the Privacy Policy of
the Company applies.
14. Range of Damage Compensation
1. A user who has violated the
provisions of these Terms, causing damage to the Company, shall compensate for
all damages occurred to the Company. At this time, if the relevant user is
unable to prove a lack of intention or negligence by the user, he/she cannot be
freed from his/her liability. A user shall bear all responsibilities for legal
or actual disputes such as an objection raised by the subject of personal
location information and a third party, disputes, lawsuits, etc. which the user
has caused by violating the provisions of these Terms, and the user shall
compensate for damages or losses occurred to the Company with regard to such
disputes.
2. If the Company has violated
Article 15 or 26 of the Act on the Protection, Use, Etc. of Location
Information on purpose or by negligence, a user or subject of personal location
information may claim damages and the range of the liability is limited to
general damage. At this time, if the Company is unable to prove a lack of
intention or negligence by the Company, the Company cannot be freed from
his/her responsibility.
3. If such damage has occurred
due to a force majeure such as a natural disaster or the intention or
negligence of the user, the Company shall not compensate for such damage.
4. The Company shall not
compensate for damage which a user has caused to the user and a third party by
using location information with an error which may occur according to the
communication environments of the network provider.
5. A member is under
obligation to compensate for the losses which the member has caused to the
Company by violating the BLACKVUE CLOUD Terms of Service presented by the
Company such as obligations of the user even after the use agreement has been
terminated.
15. Mediation of
Dispute
The Company may apply for
mediation to the Korea Communications Commission according to Article 28 of the
Act on the Protection, Use, Etc., of Location Information if an agreement is
not made or cannot be made between the parties on a dispute related to location
information. The Company or a member may apply for mediation to the Personal
Information Dispute Mediation Committee according to Article 42 of the Personal
Information Protection Act if an agreement is not made or cannot be made
between the parties to a dispute related to location information.
16. Exemption
from Responsibility
The Company shall not be
liable to compensate for all problems that occur during the service use for a
member who uses the service for free. In addition, the Company shall not assume
responsibility when a failure occurs in the normal service provision due to any
of the reasons prescribed in the following subparagraphs.
1. When a natural disaster or
an equivalent uncontrollable condition has occurred
2. When a third party who has
concluded a service cooperation agreement with a service provider for providing
the service interrupts the service intentionally
3. When there is a problem in
the use of service due to a reason attributable to a customer
4. When damage has occurred and
the damage was
not caused through intention or negligence on the part of the Company, excluding subparagraphs 1 or 3
If a member has violated
any matter specified in these Terms or damage or a problem in the use of
service has occurred due to a reason attributable to the member or the subject
of personal location information, the Company holds no responsibility.
The user is responsible for
managing all the information according to the use of location information and
other services which the Company provides to the member, and the Company holds
no liability for such negligence in the management of information, unauthorized
or illegal use of information. The user must make the final decision for
service and information obtained through the use of service, and the Company
does not guarantee any specific purpose of profit that the user expects through
the use of service. The Company does not guarantee the credibility and accuracy
of service and information, data and facts posted on the service, and the Company does not assume
responsibility for damages occurred to the user due to such information.
17. Contact
Information of the
Company
You may contact us if you
have any questions concerning these Terms. Please contact us at cs@pittasoft.com, or call us at +82-26947-4670.
18. Effective Date
These Terms of
Location-Based Service Use are effective as of May 23, 2016.