5차 Terms of Location-Based Services(Enforcement Date: August 23, 2024)

Terms of Location-Based Services

 

 

Article 1 (Purpose)
These Terms are intended to stipulate the rights, obligations, and responsibilities between the company and members regarding the collection, use, and provision of personal location information of members when using the location-based service (hereinafter referred to as the “Service”) provided by The Swing Co., Ltd. (hereinafter referred to as the “Company”).

Article 2 (Specification, Validity, and Revision of Terms)
1. These Terms become effective when the customer who applied for the service or the personal location information subject agrees to these Terms and registers as a member of the service in accordance with the procedures set by the Company.
2. If a member clicks the “Agree” button of these Terms online, it is considered that he or she has read and fully understood the contents of these Terms and has agreed to their application.
3. The Company may revise these Terms to the extent that it does not violate relevant laws such as the Act on the Protection and Use of Location Information, the Content Industry Promotion Act, the Act on Consumer Protection in E-Commerce, etc., and the Act on the Regulation of Terms of the Framework Act on Consumers.
4. When the company revises the terms and conditions, it will only notify the existing terms and conditions, the revised terms and conditions, the date of application of the revised terms and conditions, and the reason for the revision, together with the current terms and conditions, from 7 days before the date of application to a considerable period after the date of application, and if the revised content is disadvantageous to the member, it will post it on the service homepage from 30 days before the date of application to a considerable period after the date of application or send the member the fact of the revised terms and conditions in electronic form (e-mail, SMS, etc.).
5. If the company notifies the member according to the preceding paragraph and does not express an intention to reject from the date of the notice or notification until the date of enforcement of the revised terms and conditions, it will be considered that the member has approved the terms and conditions. If the member does not agree to the revised terms and conditions, the member may terminate the service agreement.

Article 3 (Rules other than terms and conditions)
1. These terms and conditions are regulated and implemented in accordance with relevant laws and regulations such as the Location Information Protection Act.
2. In the event of a conflict between the terms of this Agreement and other terms of service, such as the collection and use of personal location information, the terms of this Agreement shall prevail, and for matters not specified in these Terms of Service, the terms of service, etc. determined by the Company shall apply, and for matters not specified in the terms of service, etc., the relevant laws and customs shall apply.

Article 3-2 (Service Contents)
The services provided by the Company are as follows.
1. Provision of personal mobility services such as electric kickboards and electric bicycles and additional services
2. Provision of taxi brokerage services

 

Article 4 (Service Usage Fees)
1. The services provided by the company are basically paid. In the case of paid services, you must pay the fee specified for the service to use them.
2. The company may charge the fee for paid services by the method determined by the electronic payment company contracted with the company or by adding it to the bill determined by the company.
3. Cancellation and refund of the amount paid through the use of paid services shall be subject to the company's payment terms and conditions and other relevant laws and regulations.
4. Requests for refunds due to theft of personal information or payment fraud or requests for the payer's personal information may be rejected except in cases prescribed by law.
5. Data communication fees incurred when using wireless services are separate and are subject to the policies of each mobile carrier you have subscribed to.
6. Fees incurred when posting via MMS, etc. shall be subject to the policies of the mobile carrier.

Article 5 (Notice of Changes to Service Content, etc.)
1. When the Company changes or terminates the service content, the Company may notify the member of the change or termination of the service content via email to the member's registered email address.
2. In the case of Paragraph 1, when notifying an unspecified number of people, the Company may notify the members through the website or other company notices.

 

Article 6 (Rights of Personal Location Information Subjects and Methods of Exercise)
1. Members may withdraw all or part of their consent to the collection of personal location information or the provision of location-based services using personal location information and the provision of personal location information to third parties at any time. In this case, the company will destroy the collected personal location information and the verification data of the collection, use, and provision of location information (limited to the personal location information and verification data of the collection, use, and provision of location information for the withdrawn portion in the case of partial withdrawal of consent).
2. Members may request the company to temporarily suspend the collection, use, or provision of personal location information at any time, and the company cannot refuse such request and has the technical means to do so.
3. Members may request the company to review or notify the data listed below, and may request correction if there is an error in the data. In this case, the company cannot refuse the member's request without a justifiable reason.
1) Verification of the fact that location information about you has been collected, used, and provided
2) Reasons and details for the provision of your personal location information to a third party in accordance with the Act on the Protection and Use of Location Information or other legal provisions
4. Members may contact the Customer Service Department (Contact: 1688-4356 / Email: hello@theswing.co.kr) to exercise their rights in Items 1 through 3.

Article 7 (Rights of Legal Representatives and Methods of Exercise)
1. For members under the age of 14, the company must obtain consent from the relevant member and the relevant member's legal representative for the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the legal representative has all of the rights of the member under Article 6.
2. The company confirms whether the legal representative has consented in one of the following ways.
1) Method of having the legal representative indicate whether or not to consent on the Internet site where the consent is posted and the company notifies the legal representative via text message on the legal representative’s mobile phone that the consent has been confirmed
2) Method of having the legal representative indicate whether or not to consent on the Internet site where the consent is posted and receiving the legal representative’s credit card, debit card, etc. card information
3) Method of having the legal representative indicate whether or not to consent on the Internet site where the consent is posted and confirming the legal representative’s identity through mobile phone authentication, etc.
4) Method of directly issuing a written document containing the consent to the legal representative or delivering it via mail or fax and having the legal representative sign and stamp the consent and submit it
5) Method of sending an e-mail containing the consent and receiving an email containing the consent from the legal representative
6) Method of notifying the legal representative of the consent over the phone and obtaining consent or providing a method for confirming the consent, such as the Internet address, and obtaining consent through another phone call
7) Method of providing the legal representative with the consent in a manner similar to the methods stipulated in subparagraphs 1 through 6 Method of notifying and confirming consent
3. If the company intends to use personal location information or location information collection/use/provision confirmation data of children under the age of 14 beyond the scope specified or notified in the terms or provide such information 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.
1) When location information collection, use, and provision confirmation data are required for billing for location information and location-based service provision
2) When providing information in a form that does not identify a specific individual for statistical compilation, academic research, or market research

Article 8 (Rights of guardians of children under the age of 8, etc.)
1. If the guardian of a person falling under the following cases (hereinafter referred to as “children under the age of 8,” etc.) consents 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, etc., the company shall deem such consent as the consent of the child.
1) Children under 8 years of age
2) Adult guardians
3) Persons with mental disabilities as defined in Article 2, Paragraph 2, Subparagraph 2 of the Welfare of Persons with Disabilities Act and who are severely disabled as defined in Article 2, Paragraph 2 of the Act on Promotion of Employment and Vocational Rehabilitation of Persons with Disabilities (limited to persons registered as disabled as defined in Article 32 of the Welfare of Persons with Disabilities Act)
2. A 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 8 years of age, etc. must submit a written consent form to the company along with a written document proving that he or she is the guardian.
3. If a guardian consents to the use or provision of personal location information of a child under 8 years of age, etc., he or she may exercise all of the rights of the subject of personal location information as defined in Article 6.

 

Article 8-2 (Method of collecting personal location information, purpose of collection, and retention period)
1. During the service provision process, the company collects personal location information (return location, total accumulated driving distance, etc. driving information) of the mobile device operated by the member using the “driving information collection device” attached to the electric kickboard or other mobile device.
2. The member’s personal location information collected through the “driving information collection device” may be used for the purposes of providing mobile device rental services, managing and protecting the company’s assets, confirming whether the mobile device has been returned, charging based on driving distance, resolving disputes such as accidents, and preventing theft.
3. When the company collects personal location information, it collects only the minimum amount of information necessary to achieve the purpose of collection.
4. The member’s personal location information is retained until the member withdraws from membership. When the purpose of collecting or using personal location information is achieved, the company immediately destroys the personal location information, excluding the data confirming the fact of collecting, using, and providing location information. However, if it is required to be retained in accordance with other laws, it may be retained, and even if the member has separately agreed to retain personal location information, it may be retained for up to one year from the time the member consented.

Article 9 (Collection, Use or Provision of Personal Location Information)
1. If the company wishes to provide services by collecting and using personal location information, it must obtain the consent of the personal location information subject after specifying this in advance in the Terms. If the member clicks the "Agree" button in these Terms, it is deemed that the member has consented to the collection, use and provision of personal location information.
2. In order to settle bills with customers using location information and handle complaints, etc., the company automatically records and preserves location information collection fact verification data and location information use/provision fact verification data in accordance with Article 16, Paragraph 2 of the relevant laws, and such data is stored for 1 year.
3. In the case of providing a service in which personal location information is provided to a third party designated by a member, the company notifies the member in advance of the recipient and purpose of provision and obtains consent. In the case of providing a service in which personal location information is provided to a third party designated by a member, the company immediately notifies the member of the recipient, date and time of provision, and purpose of provision through the communication terminal device that collected the personal location information. However, in the case of any of the following cases, the company notifies the member in advance through the communication terminal device or e-mail address specifically designated by the member.
1) If the communication terminal device that collected personal location information does not have a text, voice, or video reception function
2) If the member has requested in advance that the personal location information be notified to a communication terminal device other than the communication terminal device that collected the personal location information or to an email address, etc. Article 10 (Notice of Changes to Service Content, etc.) If the company changes or terminates the service content, it may make a public announcement through the “Notice” screen within the service.
4. Notwithstanding Paragraph 3, members may choose to receive information provision details every 30 days or 30 times in a group, and if the member requests in accordance with the company’s procedures, the method of immediate notification may be changed to the method of immediate notification in accordance with the preceding paragraph.
5. If a member consents in accordance with this Article, consent may be reserved for the scope of collection of personal location information, some of the contents of the Terms, the purpose of use/provision of personal location information, the scope of recipients, some of the location-based services, and the notification method to the personal location information subject.
6. Except with the consent of the member or in any of the following cases, the company may not use or provide personal location information or location information collection/use/provision fact verification data beyond the scope specified or notified in the Terms or to a third party.
1) When location information collection, use, and provision fact verification data are required for billing for location information and location-based service provision
2) When providing information in a form that does not identify a specific individual for the purpose of compiling statistics, academic research, or market research

Article 10 (Restrictions and Suspension of Service Use)
1. The company may restrict or suspend a member’s use of the service if any of the following reasons occurs.
1) When a member intentionally or grossly interferes with the operation of the company's service
2) When it is unavoidable due to inspection, maintenance, or construction of service facilities
3) When a fixed-term telecommunications service provider as stipulated in the Telecommunications Business Act suspends telecommunications services
4) When service use is hindered due to a national emergency, service facility failure, or service usage overload
5) When the company determines that it is inappropriate to continue providing the service due to other significant reasons
2. When the company restricts or suspends the use of the service according to the provisions of the preceding paragraph, it must inform the member of the reason and the period of restriction, etc.

Article 11 (Compensation for damages)
1. When a member suffers damage due to the company's violation of Articles 15 to 26 of the Act on the Protection and Use of Location Information, the member may claim compensation for damages from the company. In this case, the company cannot avoid liability unless it proves that there was no intent or negligence.
2. If a member violates the provisions of these Terms and Conditions and causes damage to the Company, the Company may claim compensation for damages from the member. In this case, the member cannot avoid liability unless he or she proves that there was no intent or negligence.

Article 12 (Exemption from Liability)
1. The Company shall not be liable for any damages suffered by the member due to the inability to provide the service in the following cases:
1) In the event of a natural disaster or other force majeure
2) In the event of intentional service interruption by a third party who has entered into a service partnership agreement with the Company for the purpose of providing the service
3) In the event of service interruption due to the member's fault
4) In the event of any other cause not attributable to the Company's intent or negligence, excluding those in Items 1 through 3
2. The Company does not guarantee the reliability, accuracy, etc. of the service and the information, data, and facts posted on the service, and shall not be liable for any damages suffered by the member due to this.

Article 13 (Dispute Mediation and Others)
1. If the parties fail to reach an agreement on a dispute related to location information or cannot reach an agreement, the Company may apply for arbitration to the Korea Communications Commission pursuant to Article 28 of the Act on the Protection and Use of Location Information.
2. If the parties fail to reach an agreement on a dispute related to location information or cannot reach an agreement, the Company or Customer may apply for mediation to the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.
3. If a dispute arises between the Company and a Member and is to be resolved through litigation, the court with jurisdiction over the Member's address shall be the court of jurisdiction. If the Member's address or residence is not clear, the court of jurisdiction shall be determined in accordance with the Civil Procedure Act. However, if a debt or obligation arises due to a cause attributable to the Member, the local court in the location of the Company's office in charge of management shall be the court of jurisdiction.

Article 14 (Company Contact Information)
The Company's name and address, etc. are as follows.
1. Company Name: The Swing Co., Ltd.
2. Representative: Kim Hyung-san
3. Address: The Swing, 28F, Central Park Tower, 17 Seobinggo-ro, Yongsan-gu, Seoul
4. Representative Phone Number: 1688-4356

Article 15 (Designation of Location Information Manager)
1. The company will designate a person who can take actual responsibility for managing and protecting location information properly and smoothly handling member complaints as the location information manager.
2. The location information manager shall be subject to the supplementary provisions of these Terms and Conditions.

 

 

Supplementary Provisions

Article 1 (Enforcement Date)
These Terms and Conditions shall be effective from August 23, 2024.

Article 2 (Location Information Management Officer)
1. Affiliation: The Swing Co., Ltd.
2. Name: Heo Seung-gyun
3. Contact: 1688-4356

Check the Terms of Location-Based Service before Revision
1st Terms of Location-Based Services (Effective Date: September 20, 2022)
2nd Terms of Location-Based Services (Effective Date: July 1, 2023)
3rd Terms of Location-Based Services (Effective Date: January 31, 2024)
4th Terms of Location-Based Services (Effective Date: June 26, 2024)