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Terms of Use of Location-based Services

Purpose

The purpose of this agreement is to stipulate the rights, obligations and responsibilities, and other necessary matters between The Ohm, Inc. (hereinafter referred to as the “Company“) and the subject of personal location information (hereinafter referred to as the “User“) in terms of the location-based services provided by the Company.

Effect and Change of Terms of Use

  • These terms and conditions take effect when the User agrees to these terms and conditions and is registered as a User of the location-based service according to the procedures set by the Company.
  • The Company may amend these terms and conditions for the purpose of reflecting changes in laws or location-based services.
  • The Company will specify and notify through the notification screen or service-related screen about the amendment of the Terms and Conditions, such as the date of application and reasons for the amendment, together with the current terms and conditions from at least 7 days prior to the effective date until a day before the effective date. If, however, the amendment is unfavorable to the User, it will be notified from 30 days before the effective date of the amendment.

Working Rules Other Than the Terms of Use

Matters not specified herein shall comply with the Act on the Protection and Use of Location Information, Act on Promotion of Information and Communications Network Utilization and Information Protection, Framework Act on Telecommunications, Telecommunications Business Act and other relevant regulations, terms of use and privacy policy of the Company, and other guidelines as set forth by the Company.

Description of Services

The Company, upon receiving current location information or regional information including current location information from the location information provider, shall provide the following location-based services:

  • Provision or recommendation of search result and content using location information;
  • Provision of convenience services such as location sharing, notifications by location/region, and directions;
  • GeoTagging service;
  • Advertisement using User location;
  • Protection of Users and prevention of abuse: the location of the subject of personal location information or mobile device is used to prohibit any unauthorized individual from attempting to use services abnormally, etc.

Pricing of Services

Location-based services provided by the Company shall be offered free of charge. Notwithstanding the forgoing, data communication charges incurred when using the service are charged separately in accordance with the policies of each mobile carrier that the User subscribes to.

Changes to and Termination of Services

  • Where it becomes impossible for the Company to maintain its services due to various circumstances of the Company such as policy changes of the location-based service provider or legal obstacles, the Company may restrict, change or terminate the location-based service fully or partially.
  • When the service is terminated pursuant to paragraph (1), the Company shall make an announcement on the notification screen or the service-related screen, etc. or notify the User prior to such termination.

Purpose of Retention and Period of Use of Personal Location Information

  • The Company shall retain and use personal location information for the minimum period necessary to provide location-based services.

  • The Company shall destroy personal location information without delay after one-time or temporary use from most location-based services. Provided, That when a User posts or stores personal location information along with posts and content on the Company’s service, the personal location information shall be stored together during the retention period of the posts and content.

  • Grounds for and Period of Retaining Data Verifying the Usage and Provision of Location Information

In accordance with Article 16 (2) of the Act on the Protection and Use of Location Information, the Company shall automatically record data verifying the collection, use, and provision of location information in a location information system, and preserve the data for 6 months or longer.

Provision of Personal Location Information

  • The Company shall not provide the personal location information of the User to a third party without the consent of the User, and in the case of providing services offered by a third party, the designated recipient of the personal location information and the purpose of provision shall be notified to the User in advance, and shall obtain his/her consent.
  • In case the Company provides personal location information to a third party designated by the User, the Company shall immediately notify, on each occasion, the User, of the designated recipient of such information, the date, time, and purpose of such provision via the communication terminal device from which the personal location information was collected. Notwithstanding the forgoing, in the case of the following, the User shall notify via the predesignated communication terminal device or e-mail address.
  • In case the communication terminal device, for which the personal location information was collected, does not include functions to receive text, voice or video;
  • In case the User has requested in advance to notify with a communication terminal device or e-mail address other than the communication terminal device that collected the personal location information.

Rights Held by the User

  • The User may defer their consent for part of the scope of the collection of personal location information, the usage and purpose of personal location information, scope of the recipient of personal location information, and part of location-based services.
  • Any User may fully or partially withdraw their consent to the collection, use and provision of personal location information.
  • Any User may request, at any time, a temporary suspension on the collection, use and provision of personal location information. In such case, the Company shall not refuse such request and shall take technical measures accordingly.
  • Any User may request the Company to permit them to inspect any of the following data or to give notice of any of the following data, and may request the Company to correct an error found in the concerned data. In such case, the Company shall not reject such request without good cause:
  • Data verifying the collection, use and provision of personal location information which relates to the User;
  • The ground on which the personal location information of the User was provided to a third party pursuant to the provisions of the Act on the Protection and Use of Location Information or other Acts, and the relevant details.

Where the Company intends to provide location-based services using personal location information and to provide personal location information to third parties from Users under 14 years of age, the Company shall obtain the consent of the child under 14 years of age and their legal representative. Where legal representatives provide their consent to the collection, use and provision of personal location information of children under 14 years of age, they may exercise the right to defer consent, right to withdraw and suspend consent, and right to request inspection and notification.

  • Where the legal guardian of any of the following persons (hereinafter referred to as "child of eight years old or younger, etc.") gives consent to the use or provision of personal location information regarding the child of eight years old or younger, etc., for the protection of the child's health or safety, the Company shall deem that the child, etc. themselves consent thereto:
  • A child of eight years old or younger;
  • A person under adult guardianship;
  • A person with a mental disorder defined in Article 2 (2) 2 of the Act on Welfare of Persons with Disabilities, classified as a person with a severe disability defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (limited to those registered as disabled persons under Article 32 of the Act on Welfare of Persons with Disabilities).
  • For the protection of the health or safety of a child of eight years old or younger, etc., the legal guardian who intends to consent to the use or provision of personal location information must submit a written consent to the Company along with a document proving that he/she is the legal guardian.
  • The legal guardian can exercise all of the rights of the User if he/she agrees to the use or provision of personal location information for a child of eight years old or younger, etc.

Compensation for Damage

Where a User suffers damage because the Company has violated Articles 15 through 26, he/she may claim damages against the Company. In such cases, the Company shall not be exempt from liabilities unless it proves that there was no intention or negligence on its part.

Exemption from liabilities

The Company does not guarantee the reliability, accuracy, etc. of the location-based service and the information, data, and facts posted on the location-based service. The Company is not responsible for any damage to Users caused by such.

Mediation in Disputes

  • In the event of a dispute related to location information, the Company faithfully consults with the User to resolve the dispute.
  • Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the Company may file a petition for adjudication with the Korea Communications Commission.
  • Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the Company or the User may file a petition for mediation with the Personal Information Dispute Mediation Committee established under Article 40 of the Personal Information Protection Act.

Contact and Person Responsible for Location Information

Name, address and contact information of the Company are as follows:

  • Name of Company: The Ohm, Inc.

  • Address: 206 Ho, 2nd floor, 128 Teheran-ro, Gangnam-gu, Seoul, Republic of Korea

  • Telephone number: 00-0000-0000

The company is striving to protect the rights of the subject of personal location information, including the handling of complaints that Users have in the process of using the service, by designating a person responsible for managing location information.

  • Person responsible for managing location information: Gi Yoon Ohm {hold additional position as privacy officer (person responsible for protection of personal information)}

  • Contact: (E-mail) contact@tastebds.com

Addendum

Effective Date of Article 1 These terms and conditions will be applied from [January 20, 2021].

This document was originally written in Korean. In the event of conflict between the Korean and the English versions, the Korean version shall prevail.