Article 1 (Purpose)
The purpose of theseterms of service (hereinafter the “Terms of Service”) is to provide for the rights, obligations and liabilities of Hancom Talkafe Co., Ltd. (hereinafter the “Company”) and the members (referring to persons consenting to the Terms of Service. Hereinafter the “Member”) in connection withthe Members’ use of the Mallang Mallang Talkafe Service (hereinafter the “Service”) provided by the Company.
Article 2 (Force andamendment of the Terms of Service)
- 1. TheTerms of Service shall become effective when a customer or personal location information-holderapplying for the Serviceconsents to the Terms of Service and registers as a Service user under the procedure prescribed by the Company.
- 2. The Company shall post the Terms of Service on the main screen of the Service or otherwise announces these terms so that the Members can easily view them.
- 3. If deemed necessary, the Company may amend the Terms of Service.When intending to amendthe same, the Company shall make announcement, along with the current Terms of Service, from 7 days before the effective date of amendment until a reasonable time after the effective date. In this announcement, the Company will specify the current terms, termsamended, and effective date and reason for the amendment. If the amendment is disadvantageous to the Members, however, then it shall be posted in the Servicehomepage or notified to the Members through electronic means (e.g., email, SMS) from 30 days before the effective date of amendment until a reasonable time after the effective date.
- 4. If the Companymakes an announcement or gives notice to the Members under the previous paragraph, then a failure to express objection during the period from the date of announcement or notice until 7 days after the effective date of amendmentshall be deemed as approval of the amendment.
Article 3 (Applicable laws)
TheTerms of Service shall be applied in a fair manner based on the principle of good faith, and matters not specified hereinshall be governed by applicable lawsorby the Company’s service operation policies andrules (hereinafterthe “Detailed guidelines”).
Article 4 (Subscription to Service)
- 1. In any of the following cases, the Company may refuse to accept a user’s application for membership subscription.
- ① If the application is not made with the user’s real name or uses another person’s name (falsity in application)
- ② If there is any omission or error in matters required for membership registration
- ③ If any other requirement for use of the Serviceas prescribed by the Companyis not met
Article 5 (Content of Service)
The Service provided by the Companyis as follows.
||Purpose of using and providing location information
|Location sharing Service
||Mallang Mallang Talkafe Service
||Not only users’ group chatting and 1:1 chatting, but users can enjoy communities (e.g., cafe) and bulletin board activities for free
||Current location, surroundings search, andlocationsharing among Members
(If a service is provided for a price, then specify the fee)
Article 6 (Service fee)
- 1. The Serviceprovided by the Companyshall basically be free of charge. In the case of any paid service, however, fees specified for such serviceshall be paid.
- 2. The Company may charge fees for use of paid services as prescribed by anelectronic payment company that has a contract with the Companyor by adding the amount to that of an invoice it has designated.
- 3. Cancelation andrefund of payment made for use of paid servicesshall be governed by the Company’sterms of paymentand applicable laws.
- 4. A request for refund on account of theft of a Member’s personal information and payment fraudora request for the payer’s personal information, unless prescribed by the law, may be rejected.
- 5. The data communications fee for the use of mobile serviceshall be separately charged,subject tothe policies of the relevant mobile telecommunications service provider providing such service.
- 6. Fees for registration of Posting by MMS (multimedia messaging system), etc. shall be subject tothe policies of the relevant mobile telecommunications service provider.
Article 7 (Noticeof changes in Service)
- 1. When modifying or ending the Service, the Company may give notice at the email addresses registered by the Members.
- 2. In Paragraph 1, a noticeto the general publicmay be performed by a notice to the Members at the Servicehomepage or through the Company’sannouncement.
Article 8 (Restrictionandsuspension of use of Service)
- 1. In any of the following cases, the Company may restrict or suspend a Member’s use of the Service.
- ① If a Member interferes with the Company’s operation of the Service intentionally orby gross negligence
- ② If the above is unavoidable due toinspection, repair,or work on equipment for the Service
- ③ If a basic telecommunications service provider under the Telecommunications Business Actsuspends telecommunications service
- ④ Ifuse of the Service is interrupted due to national emergency, malfunction in the Service equipment, traffic jam in the Service, etc.
- ⑤ Ifit is otherwise deemed inappropriate, due to any material ground, for the Company to continue providing the Service
- 2. When restricting or suspending use of the Service under the previous paragraph, the Company shall notify the Members of the reason and restriction period thereof, etc.
Article 9 (Useorprovision of personal location information )
- 1. The Company, to provide the Service by using any personal location information, shall clarify the matter in the terms of service in advance,and then obtain the personal location information-holder’s consent.
- 2. The rights of a Member and his/her legal representative and the method of exercising them shall be based on the user’s address at the time of filing a lawsuit.If there is no address, then a district court presiding over the residenceshall have exclusive jurisdiction. If the user’s addressorresidence is unclear or the user is an overseas resident at the time of filing a lawsuit, however,then the lawsuit shall be filed in a court having jurisdiction under the Civil Procedure Act.
- 3. The Company, to calculate fees with another company andhandle complaints from customers, shall automatically record-keep the data verifying the use and provision of location information, and shall keep the relevant records for 1 year.
- 4. The Company may not provide personal location information to a third party without the personal location information-holder’s consent. When providing any third-party-provided service, the Company shall notifythe providee (receiver of the personal location information) andthe purpose of provision to the personal location information-holderin advance and obtain consent thereof, except for the following case.
- ① If required by the law, or requested by a criminal investigation agency for criminal investigation purposes and pursuant to the procedure and method prescribed by the law
- 5. When providing personal location information to a third party designated by a Member, the Company shall immediatelynotify, each time, the Member of the providee of the date of provision and purpose of provisionat such communications device where personal location information is collected. In any of the following cases, however, a notice shall be given through the communications device or email address specified by the Member in advance.
- ① If the communications device where personal location information is collected is not equipped with text-, voice- orvideo-receiving function
- ② Ifthe Member requested, in advance, that a notice be given by a method such as online posting
Article 10 (Rights of personal location information-holder)
- 1. A Member may at any time withdraw, in whole or in part, his/her consent given to the Company concerning provision of location-based service using personal location information and third-party provision of personal location information. In that case,the Company shall destroy the collected personal location information and the data verifying the use and provision of location information.
- 2. A Member may at any time request the Company to temporarily suspend collection, use, or provision of personal location information, and the Company may not reject the request. The Company must also have the technical means to fulfill such request.
- 3. A Member may request the Companyto grant view of,ornotify, the following materials.If such materials have an error, then the Member may request correction. In that case,the Company may not reject the Member’srequest without a justifiable reason.
- ① Data verifying the collection, use, and provision of his/her location information
- ② Reason for andcontent of provision of his/her personal location information to a third party under the Act on Protection and Use of Location Information or other laws
- 4. To exercise his/her rightunder Paragraphs 1 through 3, a Member may make a request pursuant tothe procedure of the Company.
Article 11 (Rights of legal representative)
- 1. In regard to any Member younger than 14 years old, the Company shall obtain consent of such Member and legal representative thereof for provision of location-based service using personal location information and provision of personal location information to a third party. In that case, the legal representative may exercise all rightsof the Member under Article 10.
- 2. In order to use, or provide to a third party, personal location information or data verifying the use and provision of location informationof a child younger than 14 years old in excess of the extent specified or notified in the Terms of Service, the Company shall obtain consent of such child and legal representative thereof, except for the following cases.
- ① If data verifying the useand provision of location information is required to calculate fees related to the provision of location information and location-based services
- ② If data is processed and provided in a manner that makes it impossible to identify specific individuals, for purposes of statistics, academic research, or market survey
Article 12 (Rights of mandatory protector of a child 8 years of age or younger, etc.)
- 1. The Company, where a mandatory protector(a person obligated by law to protect another person, in particular, child, incompetent person, etc.) of any of the following (hereinafter “child 8 years of age or younger, etc.”) consents to use or provision of personal location information in order to protect life or body of a child 8 years of age or younger, etc., the personal location information-holder shall bedeemed to consent thereto.
- ① A child 8 years of age or younger
- ② A person adjudged Incompetent
- ③ A person who has a mental disabilityunder Article 2Paragraph 2Subparagraph 2 of the Disabled Persons Welfare Actand is a severely disabled personunder Article 2 Subparagraph 2 of the Act on Employment Promotion &Vocational Rehabilitation for Disabled Persons(limited to those having registered as disabled person under Article 29 of the Disabled Persons Welfare Act)
- 2. A mandatory protectorof a child 8 years of age or younger, etc. under the previous paragraph refers to any of the following persons who actually protects the child.
- ① Legal representative of a child 8 years of age or youngerorguardianof a minor in any protection facilityunder Article 3 of the Act on Guardianshipof Minors in Protection Facilities
- ② Legalrepresentative of an incompetent person under adult guardianship
- ③ Legal representative of anyone under Paragraph 1 Subparagraph 3 of this Article, head of a residential home for disabled persons under Article 58 Paragraph 1Subparagraph 1 of the Disabled Persons Welfare Act(limited to those established and run by the state orlocal governments), head of a community psychiatric rehabilitation centerunder Article 3 Subparagraph 4 of the Mental Health Act(limited to those established and run by the state or local governments), and head of a mental health sanatoriumunder Article 3 Subparagraph 5 of the Mental Health Act
- 3. A mandatory protectorintending to consent to use or provision of personal location information in order to protect the life or body of a child 8 years of age or younger, etc.shall submit written consent, attached with a document proving that he/she is the mandatory protector, to the Company.
- 4. A mandatory protector, when consenting to use or provision of personal location information of a child 8 years of age or younger, etc., may exercise all rights of the personal location information-holder.
Article 13 (Address andcontacts of the Company)
- 1. The Company’sname, address andcontacts are as follows.
- Company name: Hancom Talkafe Co., Ltd.
- President: Jun, Eun-Jin
- Address: 1F, 49 Daewangpangyo-ro 644th gil, (Sampyeong-dong, Hancom Tower), Bundang-gu, Seongnam City, Gyeonggi-do
- Phone: 031-627-7799
- 2. So that personal location information can properly be managed and protectedand personal location information-holders’ complaints can smoothly be processed,the Company has appointed a person with a position of substantial responsibilities as its location information manager. Thename and contact information of thelocation information manager are as follows.
Article 14 (Damages)
- 1. If the Companyviolates Articles 15 through 26 of the Act on Protection and Use of Location Informationand thereby inflicts damages to a Member, then the Member may claim damages against the Company. In that case,the Company, unless lack of intentor negligence on its part can be proven, shall be liable.
- 2. If a Member violates the Terms of Service and thereby inflicts the Companydamages, then the Company may claim damages against the Member. In that case,the Member, unless lack of intent or negligence on his/her part can be proven, shall be liable.
Article 15 (Limitation on liability)
- 1. The Company, when unable to providethe Service for any of the following circumstances, shall not be liable for any Member’sdamages resulting from the following.
- ① If there is an act of God orany corresponding force majeure event
- ② If a third partyentering into a servicealliance contract with the Company to provide the Serviceintentionally interferes with the Service
- ③ If use of the Service is interrupted at the Member’sfault
- ④ If the Company is otherwise not at fault우
- 2. The Company shall not warrant guaranteereliability or accuracy of the Service and any information, data, or factual statement posted in the Service, and shall not be liable for any Member’s damages resulting therefrom.
Article 16 (Rules and regulations applied mutatis mutandis)
- 1. TheTerms of Service shall be established and implemented in accordance with the laws of the Republic of Korea (“ROK”).
- 2. Matters not prescribed hereinshall be governed by applicable lawsandcommercial practices.
Article 17 (Dispute resolution)
- 1. If a disputebetween the Company and a Memberarises in connection with use of the Service, then the Company shall have good-faith consultation with such Member for resolution of the dispute.
- 2. If the dispute is not resolved by the consultation of the previous paragraph, then the Company or the Member may file for a ruling before the Korea Communications Commission (“KCC”) under Article 28 of the Location Information Actor file for a ruling ordispute mediation before the KCC or the Personal Information Dispute Mediation Committeeunder Article 43 of the Personal Information Protection Act.
- 3. If the dispute is not resolved by the method of the previous paragraph, then the Company or the Membermay file a lawsuit in a court having jurisdiction under the Civil Procedure Act.
Article 1 (Effective date) The Terms of Service shall become effective on 20 December, 2016.