Location-based service terms and conditions

Location-based service terms and conditions

 

Article 1 (Purpose)

The purpose of these Terms of Use is to stipulate the rights, obligations, and responsibilities between the Company and its members in relation to the collection, use, and provision of the members’ personal location information in the use of the services (hereinafter the “Service”) provided by THE SWING Co., Ltd. (hereinafter the “Company”).

 

Article 2 (Indication, Effect, and Amendment of the Terms of Use)

1. These Terms of Use shall become effective when a customer who has applied for the use of the Services or a subject of personal location information consents to these Terms of Use and registers as a Service user in accordance with the procedures determined by the Company.

2. Members shall be deemed to have read these Terms of Use in full, sufficiently understood, and consented to its application by clicking the “I agree” button online.

3. The Company may amend these Terms of Use within the scope of not violating applicable laws, such as the Act on the Protection and Use of Location Information, the Contents Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, the Framework Act on Consumers, and Act on the Regulation on Terms and Conditions.

4. When the Company makes any amendment to these Terms of Use, it shall notify the existing and amended Terms of Use, the effective date of the amended Terms of Use, and the reasons for the amendment from seven (7) days prior to the effective date until a considerable period thereafter. In the case where an amendment is unfavorable to members, it shall either be announced on the Services homepage from thirty (30) days before the effective date until a considerable period of time thereafter, or individually notified to members in electric form (email, SMS, etc.,) for a certain period of time, in addition to the notice of such amendment.

5. When a member does not express his/her intention to object to the amended Terms of Use from the date of the Company’s notice or announcement under the preceding Paragraph to the effective date of the amended Terms of Use, the member shall be deemed to have consented to the amended Terms of Use. When a member does not consent to the amended Terms of Use, he/she may terminate the Services agreement.

 

Article 3 (Rules other than the Terms of Use)

1. These Terms of Use shall be governed and enforced by the laws of the Republic of Korea, including the Location Information Protection Act.

2. In the event of a conflict between these Terms of Use and other terms and conditions, such as the Terms of Service, in relation to the collection and use of personal location information, these Terms of Use shall take precedence, and for matters not specified herein, the Terms of Service, etc., prescribed by the Company shall prevail. Matters not stipulated in the Terms of Service, etc., shall be governed by relevant laws and business practices.

 

Article 3-2 (Service Contents)

The Company provides rental services for electric kickboards, electric bicycles, electric motorcycles, and other personal vehicles (hereinafter “Vehicle(s)”) based on the members’ personal location information, and other services incidental thereto.

 

Article 4 (Service Fees)

1. The Services provided by the Company are generally paid services. Paid services can only be used when the specified service fees are paid for.

2. The Company may charge paid service fees according to the method determined by the electronic payment company with which the Company has a business agreement, or by adding the fees to the bill set by the Company.

3. Cancellation and refund of payments made through the use of paid services are subject to relevant laws, including the Company’s Terms of Payment.

4. Members’ requests for refund or personal information of payers due to personal information theft or payment fraud may be rejected, unless stipulated by law.

5. Data communication fees arising from the use of wireless services are separate from service fees and subject to the policies of mobile carriers.

6. Fees arising from uploading posts via multimedia messaging service (MMS), etc., are subject to the policies of mobile carriers.

 

Article 5 (Notice of Service Change, Etc.)

1. When the Company changes or terminates Service content, it may notify members of such change or termination by email using the members’ registered email address.

2. When notifying many unspecified members under Paragraph 1, the Company may use notification on the Company’s website, etc.

 

Article 6 (Personal Location Information Holder’s Rights and Exercise Thereof)

1. At any time, members may withdraw their consent, in whole or in part, to the collection of personal location information, or consent to the provision of location-based services using personal location information and provision of personal location information to third parties. In this case, the Company shall destroy personal location information collected, and data verifying the collection, use, and provision of location information (in the case of partial withdrawal of consent, limited to personal location information and data confirming the collection, use, and provision of location information pertaining to the withdrawal).

2. Members may, at any time, request the Company to temporarily suspend the collection, use, or provision of personal location information, and the Company shall not refuse and has the technical means to handle such request.

3. Members may request to view or the Company to notify them of the data listed in the following subparagraphs, and may request the correction thereof if such data is inaccurate. In this case, the Company may not reject such request of the Member without a valid reason.

1) Data verifying the collection, use, or provision of the Member’s personal location information; and

2) Reasons and details regarding the provision of the Member’s personal location information to a third party pursuant to the Act on the Protection and Use of Location Information or other legal provisions.

4. Members may contact the Customer Service Division (TEL: 1688-4356 / Email: hello@theswing.co.kr) to exercise their rights under Items 1 through 3.

 

Article 7 (Legal Representative’s Rights and Exercise Thereof)

1. For members under the age of fourteen (14), the Company shall obtain the consent of the said member and his/her legal representative regarding the provision of location-based services using personal location information and the provision of personal location information to a third party. In this case, the legal representative shall have all the rights of the member under Article 6.

2. The Company shall confirm the legal representative’s consent by any of the following means:

1) Having the legal representative indicate consent on the Internet website where the consent form is posted, and notifying the legal representative via mobile text message that the Company has confirmed his/her indication of consent;

2) Having the legal representative indicate consent on the Internet website where the consent form is posted, and receiving information such as the legal representative’s credit card or debit card information;

3) Having the legal representative indicate consent on the Internet website where the consent form is posted, and verifying the identity of the legal representative through identity verification on his/her mobile phone, etc.;

4) Issuing a written consent form directly to the legal representative, or sending the same via mail or fax, then having the legal representative sign, seal, and submit it to the Company;

5) Sending the consent form via email and receiving an email from the legal representative indicating his/her consent;

6) Informing the legal representative of the content of the consent form and obtaining consent by phone, or informing the legal representative by phone of the means by which he/she can access the consent form including the Internet address, and then obtaining consent by a second phone call; and

7) Informing the legal representative of the content of the consent form through means equivalent to Items 1 through 6, and obtaining consent.

3. In the event the personal location information of a member under the age of fourteen (14) or data verifying the collection, use, and provision of his/her location information is used beyond the scope stipulated or notified in the Terms of Use or is provided to a third party, the Company shall obtain the consent of the said member under the age of fourteen (14) and his/her legal representative; provided that, the following cases shall be excluded:

1) When data verifying the collection, use, and provision of location information is necessary for the settlement of fees for providing location information and location-based services; and

2) When such data is provided in an unrecognizable form for statistical writing, academic research or market research.

 

Article 8 (Rights of Legal Guardians of Children under the Age of Eight)

1. In the case where the legal guardian of a person falling under the following subparagraphs (hereinafter “Child under the Age of Eight” or “Child”) consents to the use or provision of personal location information for the protection of the Child’s life or body, the Company considers consent to have been given by the Child him/herself:

1) Children under the age of eight (8); 2) The incompetent; and

3) A person with mental disability according to Article 2(2)(2) of the Act on Welfare of Persons with Disabilities who is a person with severe disabilities according to Article 2, Subparagraph 2 of the Act on the Employment Promotion And Vocational Rehabilitation of Persons with Disabilities (provided that the person is registered as a person with disabilities pursuant to Article 29 of the Act on Welfare of Persons with Disabilities).

2. A legal guardian who wishes to consent to the use or provision of personal location information for the protection of a Child’s life or body shall submit a written consent form to the Company along with a document proving that he/she is the legal guardian of the Child.

3. The legal guardian of a Child may exercise all the rights of a subject of personal location information set forth in Article 6 when they consent to the use or provision of personal location information of the Child.

 

Article 8-2 (Method and Purpose of the Collection of Personal Location Information, and Retention Period)

1. The Company collects personal location information (driving information including return location and total accumulated mileage) in the course of providing the Services through the “Driving Information Collection Device” mounted on Vehicles such as electric kickboards.

2. A member’s personal location information collected through the Driving Information Collection Device may be used for purposes including the provision of Vehicle rental service, management and protection of Company assets, confirmation of return of Vehicles, billing according to mileage, resolution of disputes including accidents, and prevention of theft.

3. When the Company collects any personal location information, it only collects the minimum amount of information necessary to achieve the goals for which the information is collected.

4. Members’ personal location information is retained until they withdraw from membership. When the purpose for which personal location information was collected or used is achieved, the Company immediately destroys the personal location information, except for data verifying the collection, use, and provision of location information; provided that, personal location information may be retained when required by other laws, or when a member separately consents to the retention of personal location information, in which case the information may be retained for up to one (1) year from the date of consent.

 

Article 9 (Collection, Use, or Provision of Personal Location Information)

1. When the Company wishes to provide the Services through the collection and use of personal location information, it shall clearly state the same in the Terms of Use and obtain the consent of the subject of personal location information. When a member clicks on the “Consent” button in these Terms of Use, he/she shall be deemed to have consented to the collection, use, and provision of personal location information.

2. The Company automatically records and stores data verifying the collection, use, and provision of location information for settlement of fees and complaint handling with other business operators or customers, and the data is retained for one (1) year.

3. When the Company provides a service whereby personal location information is provided to a third party designated by a member, the Company notifies the member in advance of the receiving party and the reasons for such provision. When the Company provides such service, it immediately notifies members of the receiving party, and the date and purpose of the provision of personal location information, using the communication terminal device through which the information is collected; provided that, notification is sent by a communication terminal device designated by the member or email in any of the following cases:

1) When the communication terminal device through which personal location information is collected does not have the function of receiving text, voice, or video messages; and

2) When the member has requested in advance to be notified by a communication terminal device other than the one through which his/her personal location information is collected, or by email. Article 10 (Notice for Changes in the Services) if the Company changes or terminates the Services, it may notify such change on the “Bulletin Board” screen within the Services [T Legal1]

4. Notwithstanding Paragraph 3, members may choose to receive details of information provision to third parties every thirty (30) days or every thirty (30) cases, and the Company may change the method of notification to the immediate notice method under the previous paragraph when a member makes a request according to the Company’s procedures.

5. When a member gives consent in accordance with this Article, the member may withhold his or her consent to the scope of personal location information collected, parts of the Terms of Use, purposes for the use and provision of personal location information, the scope of receiving parties, parts of the location-based services, and method of notification to the subject of personal location information.

6. The Company shall not use or provide a third party with personal location information or data verifying the collection, use, and provision of location information beyond the scope specified in the Terms of Use or notified to members, except when the Company has obtained the member’s consent or in any of the following cases:

1) When data verifying the collection, use, and provision of location information is necessary for the settlement of fees for providing location information and location-based services; and

2) When such data is provided in an unrecognizable form for statistical writing, academic research or market research.

 

Article 10 (Notice for Changes in the Services)

1. If the Company changes or terminates the Services, it may notify such change on the “Bulletin Board” screen within the Services.

 

Article 11 (Restriction and Suspension of Service Use)

1. The Company may restrict or suspend the use of the Services by a member in any of the following cases:

1) When a member interferes with the Company’s operation of Service by intent or negligence;

2) When such restriction or suspension is unavoidable due to inspection, repair, or construction of Service facilities;

3) When a key communication service provider under the Telecommunications Business Act has suspended telecommunications service;

4) When there is a problem with Service use due to national emergency, failure, or congestion of Service facilities, etc.; and

5) When the Company deems it inappropriate to continue providing the Services due to other serious causes.

2. When the Company has restricted or suspended Service use for reasons listed in the previous Paragraph, it shall notify members of the reasons and period of Service restriction, etc.

 

Article 12 (Compensation for Damages)

1. When a member incurs damages due to the Company’s violation of the provisions under Articles 15 through 26 of the Act on the Protection and Use of Location Information, he/she may claim damages against the Company. In this case, the Company may not be free from being liable unless it can prove that there was no intent and negligence on the Company’s part.

2. When the Company incurs damages due to a member’s violation of these Terms of Use, the Company may claim damages against the said member. In this case, the member may not be free from being liable unless he/she can prove that there was no intent and negligence on the member’s part.

 

Article 13 (Indemnity)

1. In the event the Company is unable to provide the Services for any of the following reasons, it shall not be liable for the damages incurred by members:

1) In the event of a natural disaster or other force majeure events equivalent thereto;

2) In the event of intentional service interruption by a third party that has entered into a service partnership agreement with the Company for Service provision;

3) In the event of a disruption in Service use due to reasons attributable to the member; and

4) In the event of reasons other than those listed in subparagraphs 1 through 3 in which there was no intent and negligence on the Company’s part.

2. The Company does not guarantee the reliability and accuracy of the Services and the information, data, and facts published in the Services, and shall not be liable for any damages incurred by members.

 

Article 14 (Application of Provisions)

1. These Terms of Use shall be governed and enforced by the laws of the Republic of Korea.

2. Matters not stipulated in these Terms of Use shall be governed by relevant laws and business practices.

 

Article 15 (Resolution of Disputes and Others)

1. If the parties do not or are unable to reach an agreement regarding disputes related to location information, the Company may apply for a ruling to the Korea Communications Commission pursuant to Article 28 of the Act on the Protection and Use of Location Information.

2. If any member and the Company do not or are unable to reach an agreement regarding disputes related to location information, the Company or such member may apply for mediation to the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.

3. In the event of a dispute between the Company and a member which the parties wish to resolve through litigation, the court having jurisdiction over the member’s address shall have jurisdiction, and if the address or residence of the member is not clear, the competent court shall be determined in accordance with the Civil Procedure Act; provided that, when a debt is incurred due to a cause attributable to a member, the district court in the location of the company office in charge of managing such debt shall have jurisdiction.

 

Article 16 (Company’s Contact Information)

The Company name and address, etc., are as follows.

1. Company Name: THE SWING Co., Ltd.

2. CEO: Hyung-san Kim

3. Address: 17, Seobinggo-ro, Yongsan-gu, Seoul, Central Park Tower, 28F, THE SWING

4. TEL: 1688-4356

 

Article 17 (Designation of Location Information Manager)

1. The Company appoints and operates a location information manager in a position where he/she can take practical responsibility for appropriately managing and protecting location information, and smoothly handling member complaints.

2. Matters regarding the location information manager shall be subject to the addendum of these Terms of Use.

 

Addendum (Enacted on March 21, 2019)

 

Article 1 (Enforcement Date)

These Terms of Use shall be enforced as of March 21, 2019.

 

Article 2 (Location Information Manager)

The location information manager shall be designated as follows as of April 1, 2020.

1. Employer: THE SWING Co., Ltd.

2. Name: Dae-gwon Song

3. TEL: 1688-4356

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