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T-money Onda Location-Based Service Terms and Conditions

SWINGMOBILITY 2024. 2. 7. 15:20

T-money Onda Location-Based Service Terms and Conditions

 

Article 1 (Purpose)

These terms and conditions govern the rights, obligations, and responsibilities of the company and the member with respect to the T-money Onda service (hereinafter referred to as the "Service") provided by T-money Co., Ltd. (hereinafter referred to as the "Company") to the member (hereinafter referred to as the "Member", which refers to an individual location information subject who has agreed to the T-money Onda service terms and conditions).

 

Article 2 (Definitions)

The definitions of the terms used in these terms and conditions are as follows:

  1. "Service" refers to a location-based taxi ride service that allows a rider to call a taxi from their desired location, check the location of the rider who called the taxi through the "Solution", and connect the rider and the driver.
  2. "Solution" refers to a taxi calling system that connects taxis and riders and automatically assigns the best vehicle to the rider's call request considering the surrounding environment, and it refers to the application software installed in the payment terminal in the taxi or the mobile app used to use the service provided by the company.
  3. "Member" refers to a taxi passenger, individual taxi operator, or corporate taxi driver who has registered for the service provided by the company and uses or intends to use the service in accordance with these terms and conditions. In the case of a taxi passenger, it is hereinafter referred to as a "passenger", and in the case of an individual taxi operator or corporate taxi driver, it is hereinafter referred to as a "driver".
  4. "Personal location information" refers to location information of a specific individual (including cases where the location of a specific individual can be easily identified by combining it with other information even if the location information alone does not reveal the location of a specific individual).

Article 3 (Effect of Terms and Conditions)

  1. These terms and conditions shall come into effect when a member who has applied for the service agrees to these terms and conditions and registers as a member of the service in accordance with the procedures specified by the company.
  2. When a member selects "Agree to Terms and Conditions" in the Solution, it is considered that the member has read and fully understood all of the contents of these terms and conditions and agrees to their application.
  3. The company may revise these terms and conditions to the extent that they do not violate relevant laws and regulations, such as the Personal Information Protection Act, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, and the Consumer Protection Basic Act.
  4. When the company changes these terms and conditions, it shall notify the members of the changed contents, the effective date of the changed terms and conditions, and the reason for the change in the manner agreed upon in Paragraph 1 at least 10 days before the effective date. However, in the case of a change to the terms and conditions that is disadvantageous to the member, the company shall notify the member at least 30 days before the effective date, and shall individually notify the member by at least two methods among text message/PUSH transmission, phone call, Solution, and homepage (taxi.tmoney.co.kr). However, if it is difficult to individually notify the member due to the member's failure to register or change their contact information, the notification in this paragraph shall be considered as individual notification.
  5. If a member does not express an intention to refuse within 7 days after the effective date of the revised terms and conditions from the date of notification or notification/notice of the change of terms and conditions in accordance with the preceding paragraph, it shall be considered that the member has agreed to the terms and conditions. If a member does not agree to the revised terms and conditions, the member may terminate the service.

Article 4 (Principles in Addition to Terms and Conditions)

Matters not specified in these terms and conditions shall be governed by relevant laws and regulations such as the Basic Telecommunications Act, the Telecommunications Business Act, and the Personal Information Protection Act, as well as the company's terms and conditions of use, personal information handling policy, and guidelines separately established by the company.

 

Article 5 (Service Contents, etc.)

  1. The company provides the following services using the location information and status information provided:
Service Name Service Target service Content
T-money Onda Passenger Enables Taxi Calling Service
- Search for departure and arrival locations based on your location and provide boarding locations.
- Search for nearby locations and directions based on your location.
- Receive personalized services and advertisements from companies based on your location.
Driver T-money Onda Taxi Calling Service for Drivers
- Taxi dispatch service through location/driving information collection
- Providing the location of the dispatched taxi to the passenger
- Provision for use and monitoring (analysis of operation information) of affiliate services
- Providing personalized services and advertising by the company based on location

 

Article 6 (Service Usage Fee)

The location-based service provided by the company is free. However, data communication charges incurred while using the wireless service are separate and follow the policy of each mobile carrier that the member has subscribed to.

 

Article 7 (Restriction and Suspension of Service Use)

  1. The company may restrict or suspend all or part of the service in the event of any of the following:
  • If the member intentionally or negligently interferes with the operation of the company's service.
  • In case of unavoidable circumstances due to inspection, maintenance, or construction of service facilities.
  • If the telecommunications carrier has suspended the telecommunications service as specified in the Telecommunications Business Act.
  • When there is a disruption to the service due to a national emergency, a service facility failure, or a surge in service usage.
  • In other cases where the company deems it inappropriate to continue providing the service due to a significant reason.
  1. When the company restricts or suspends the use of the service in accordance with the preceding paragraph, it shall notify the member of the reason, the period of restriction, etc.

Article 8 (Location Information Collection Method)

The company collects location information in the following ways:

  1. Real-time location information collection based on cell ID using a mobile phone terminal
  2. Location information collection through GPS information collected through a dedicated terminal with a built-in GPS chip
  3. Location information collection through Wi-Fi information collected through a dedicated terminal with a built-in Wi-Fi chip
  4. Collection of location information provided through the location information API provided by the operating system of the terminal such as a smartphone or tablet PC

Article 9 (Use or Provision of Personal Location Information)

  1. In order to use personal location information to provide the service, the company must obtain the consent of the personal location information subject after specifying it in the terms of use in advance.
  2. The company shall not provide the member's personal location information to a third party without the member's consent. When providing a third-party service, the company shall notify the member of the recipient and the purpose of the provision in advance and obtain consent. However, the following cases are exceptions:
  • When required by law or when there is a request from an investigative agency in accordance with the procedures and methods specified in the law for investigative purposes.
  • When requested by an emergency rescue agency to provide the member's personal location information in order to protect the member's life or body from imminent danger.
  1. When the company provides personal location information to a third party with the member's consent, the company shall immediately notify the member of the recipient, the date and time of provision, and the purpose of provision each time through the terminal that collected the personal location information specified in Article 9(1). However, in the case of each item 1 below, the company shall notify the member of the terminal or email address that the member has specifically designated in advance.
  • If the terminal that collected the personal location information does not have a text, voice, or video reception function.
  • If the member has requested in advance to be notified by means of online posting, etc.

Article 10 (Purpose of Holding and Period of Holding Personal Location Information)

  1. The company shall hold and use the minimum personal location information necessary to provide location information and location-based services. The purpose of holding personal location information is in accordance with the service contents in Article 5.
  2. In the case of using the member's personal location information, the company shall record and preserve the location information collection, use, and provision fact confirmation data required to be recorded and preserved by the Personal Information Protection Act, and promptly destroy the corresponding personal location information when the member withdraws or terminates the service. However, if retention is required by relevant laws and regulations, it shall be retained for that period.

Article 11 (Holding of Location Information Collection, Use, and Provision Fact Confirmation Data)

Based on Article 16(2) of the Personal Information Protection Act, the company automatically records location information collection, use, and provision fact confirmation data in the location information system for fee settlement and grievance handling with other businesses or user customers. The data will be kept for at least 1 year.

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Article 12 (Restrictions on Use and Provision of Personal Location Information)

  1. When the company uses personal location information to provide the service, it shall provide the service only with the consent of the member and shall not use it for purposes other than the purpose of providing the service. However, the following cases are exceptions:
  • When location information collection, use, and provision fact confirmation data is required for fee settlement based on the provision of location information and location-based services.
  • When it is provided in a form that cannot identify a specific individual for the purpose of statistical compilation, academic research, market research, and service analysis/improvement.
  1. In the case of a lawful procedure in accordance with relevant laws and regulations, location information may be provided accordingly.

Article 13 (Member's Rights)

  1. The member may at any time withdraw all or part of his or her consent to the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the company shall destroy the collected personal location information and location information use, provision fact confirmation data. If the member withdraws part of his or her consent, it shall be limited to the personal location information and location information use, provision fact confirmation data for the part that he or she withdraws. However, if the member withdraws all or part of his or her consent, the normal use of the service may be impossible.
  2. The member may at any time request the company to temporarily suspend the collection, use, or provision of personal location information, and the company may not refuse such request and shall have the technical means to do so.
  3. The member may request the company to inspect or notify the following data, and may request correction if there is any error in the data. In this case, the company shall not refuse the request without a justifiable reason.
  • Location information use, provision fact confirmation data for the member
  • The reason and content of the provision of the member's personal location information to a third party in accordance with the Personal Information Protection Act or other laws and regulations
  1. In accordance with Article 24(4) of the Personal Information Protection Act, the company shall promptly destroy the personal location information and location information use, provision fact confirmation data if the member withdraws all or part of his or her consent. However, if the member withdraws part of his or her consent, it shall be limited to the personal location information and location information use, provision fact confirmation data for the part that he or she withdraws. However, if there is a need to preserve it according to the provisions of relevant laws and regulations, it shall be preserved in accordance with those laws and regulations.
  2. The member may request the company to exercise the rights set forth in Paragraphs 1 to 3 above using the contact information in Article 20 of these terms and conditions.

 

Article 14 (Service for Children Under the Age of 14 and Rights of Legal Representatives)

  1. The company shall obtain the consent of both the child under the age of 14 and his or her legal representative when collecting, using, or providing the child's personal location information (including services provided to third parties designated by the member).
  2. The legal representative may exercise the right to reserve consent, withdraw consent, temporarily suspend, inspect, and request notification of the collection, use, and provision of the personal location information of a child under the age of 14.
  3. If the company cannot obtain the consent of the legal representative of a child under the age of 14 due to technical or policy reasons, the company may restrict the child's use of the service. However, the member shall be fully responsible for all disputes, lawsuits, and other legal and factual disputes arising from the member's intentional or negligent misrepresentation of the membership information (such as age), and the company shall not bear any responsibility.

Article 15 (Rights of Guardians of Children Under the Age of 8)

  1. In the following cases, the company shall consider the consent of the guardian of the person (hereinafter referred to as "child under the age of 8") to the use or provision of personal location information to be the consent of the person himself or herself, if the guardian consents to the use or provision of personal location information for the protection of the life or body of the child under the age of 8.
  • Children under the age of 8
  • Persons under limited guardianship
  • Persons with mental disabilities as defined in Article 2(2)2 of the Disabled Persons Employment Promotion and Rehabilitation Act who are classified as severely disabled under Article 2(2) of the Disabled Persons Employment Promotion and Rehabilitation Act (limited to those who have registered as disabled persons under Article 29 of the Disabled Persons Welfare Act)
  1. The guardian who wishes to consent to the use or provision of personal location information for the protection of the life or body of a child under the age of 8 must submit a written consent form to the company with a document proving his or her status as guardian.
  2. If the guardian consents to the use or provision of the personal location information of a child under the age of 8, he or she may exercise all the rights of the child who is a member.

Article 16 (Additional Agreement)

The company may make separate additional agreements through the user guide for each service in order to stipulate details or additional matters not described in these terms and conditions related to the use of the service.


Article 17 (Damages)

  1. A member may claim damages from the company for any loss suffered due to the company's violation of Articles 15 to 26 of the Personal Information Protection Act. In this case, the company shall not be held liable unless it proves that it was not intentional or negligent.
  2. If the company suffers damages due to the member's violation of relevant laws or regulations or these terms and conditions, the member shall compensate the company for the damages incurred.
  3. If the company receives a claim for damages or a lawsuit, including but not limited to a lawsuit, from a third party other than the member due to the member's illegal acts or violation of these terms and conditions while using the service, the member shall indemnify the company at his or her own expense and responsibility. If the company is not indemnified, the member shall compensate the company for the damages incurred as a result.

 

Article 18 (Exemption from Liability)

  1. The company shall not be liable for any damages caused to the member due to the inability to provide the service in the following cases:
  • In case of a force majeure event such as a natural disaster or the like.
  • In case of intentional disruption of service by a third party who has entered into a service partnership agreement with the company for the purpose of providing the service.
  • In case of an obstacle to the use of the service due to the member's fault.
  • In other cases due to reasons beyond the company's control, except for cases 1 to 3 above.
  1. The company shall not be liable for any loss of expected profits resulting from the member's use of the service.
  2. The company does not guarantee the reliability, accuracy, etc. of the information, data, and facts posted on the location-based service and the location-based service, and shall not be liable for any damages caused to the member as a result.

Article 19 (Dispute Resolution and Jurisdiction)

  1. In case of a dispute between the company and the member regarding personal location information, the company and the member shall sincerely negotiate to resolve the dispute.
  2. If the negotiation under paragraph 1 of this article fails or cannot be reached, the member may apply for a settlement to the Korea Communications Commission in accordance with Article 28 of the Personal Information Protection Act, or 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 is not resolved even by the methods of Paragraphs 1 and 2 of this Article, it shall be resolved by a lawsuit with the Seoul Central District Court as the court of first instance.

제20조 (회사 정보 및 위치정보관리책임자)

①     본 약관에 따라 서비스를 제공하는 회사의 상호, 주소, 연락처 등은 아래와 같습니다.

- Company name: T-money Corporation

- Address: 110, Huam-ro, Jung-gu- Seoul, Republic of Korea

- Contact: 02-1644-0635

- E-mail: tmoneyadmin@tmoney.co.kr

②     The company shall designate and operate the following person as the location information management officer, who is in a position to take actual responsibility for properly managing and protecting location information and smoothly handling member complaints

- CPO : Chung Hun Lee

- Department in charge : Architecture Team

- Contact : 1644-0088

 

Supplementary Provisions

Article 1 (Effective Date)

These Terms and Conditions shall be effective from October 11, 2022.

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