Location-Based Services Terms and Conditions

Article 1: Purpose

The purpose of these Terms and Conditions is to stipulate the rights, obligations, and responsibilities of the Company and the Member when the Member (refers to the person who agrees to these Terms and Conditions, hereinafter referred to as the "Member") uses the location information service and location-based service (hereinafter referred to as the "Service") provided by Milistar Co., Ltd (hereinafter referred to as the "Company").

Article 2: Effectiveness and Changes of the Terms and Conditions

1.     These Terms and Conditions shall be effective when the customer or personal location information subject who applied for the Service agrees to these Terms and Conditions and registers as a user of the Service in accordance with the prescribed procedures set forth by the Company.

2.     The Company shall post or otherwise notify the contents of these Terms and Conditions on the initial screen of the Service so that members can easily understand them.

3.     The Company may change these Terms and Conditions if deemed necessary. If the Company revises the Terms and Conditions, it shall notify the Members by specifying the current Terms and Conditions, the revised Terms and Conditions, the effective date of the revised Terms and Conditions, and the reasons for the revision, by posting them together with the current Terms and Conditions from 7 days before the effective date to a reasonable period after the effective date. However, if the revision is unfavorable to the Members, the Company shall notify the Members by posting them on the service homepage or sending electronic notifications (e-mail, SMS, etc.) from 30 days before the effective date to a reasonable period after the effective date.

4.     If the Company notifies or notifies the Members according to the previous paragraph and the Members do not express their refusal from the date of notification until 7 days after the effective date of the revised Terms and Conditions, it shall be deemed that the Members have agreed to the revised Terms and Conditions. If a Member does not agree to the revised Terms and Conditions, the Member may terminate the service contract.

 

 

Article 3: Compliance with Other Laws

 

Matters not stipulated in these Terms and Conditions shall be governed by the provisions of the Act on the Protection and Use of Location Information (hereinafter referred to as the "Location Information Act"), the Telecommunications Business Act, the Act on the Promotion and Protection of Information and Communications Network Utilization (hereinafter referred to as the "Information and Communications Network Act"), the Personal Information Protection Act, and other relevant laws and regulations, or the operating policies and rules of the service set by the Company (hereinafter referred to as the "Detailed Guidelines"), and the personal information processing standards and protection measures shall be disclosed through the Privacy Policy.

Article 4: Subscription to the Services

1.   The Company may not accept your application for membership in the following cases.

1.   You're applying under false pretenses, such as not using your real name or using someone else's name.

2.   You apply with missing or incorrect information about your membership.

3.   You have not met any other Company requirements for applying to use the service.

Article 5: Termination of Services

If a Member wishes to terminate the use of the service, the member may apply for termination of the service through the procedure established by the Company (notified through the service homepage, etc.), and the Company will promptly process it in accordance with the laws and regulations.

Article 6: Content of the Services

1.   In principle, the Service is available 24 hours a day, 7 days a week, and 365 days a year. However, the Service may be suspended for business or technical reasons, and the Service may also be suspended for a period determined by the Company for operational purposes. In this case, the Company will notify you in advance or afterward.

2.   The types of services provided by the Company, details of which are in accordance with 'Appendix 1. Types of Services'.

Article 7: Service Fees

1.   The services provided by the company are free by default. If the company offers a separate paid service, the service will specify the fee.

2.   The Company may charge for the use of the Paid Services by the method prescribed by the electronic payment provider contracted with the Company or by adding the charges to the invoice prescribed by the Company.

3.   Cancellation and refund of payments made through the use of paid services shall be in accordance with the Company's payment Terms and Conditions and other applicable laws.

4.   Requests for refunds due to personal information theft and payment fraud by members or requests for personal information by payers may be denied except in cases stipulated by law.

5.   Data charges for wireless service are separate and subject to the policies of each carrier to which you subscribe.

6.   Charges for posting via MMS, etc. are subject to the policies of each carrier you subscribe to.

Article 8: Restriction and Suspension of Use of the Service

1.   The Company may restrict or suspend a Member's use of the Service in any of the following cases.

1.     If the Member intentionally or negligently interferes with the operation of the Company’s services.

2.     If it is unavoidable due to service equipment inspection, maintenance, or construction.

3.     If the telecommunications service is suspended by the telecommunications carrier as defined in the Telecommunications Business Act.

4.     If there is an obstacle to service use due to national emergency, service equipment failure, or a surge in Service use.

5.     If the Company deems it inappropriate to continue providing services due to other significant reasons.

2.   When the Company restricts or suspends the use of the Service in accordance with the provisions of the preceding paragraph, the Company shall notify the Member of the reason and the period of restriction.

Article 9: Notification of Changes to Service Contents, etc.

1.   If the Company changes or terminates the Service, the Company may notify you of the change or termination of the Service in electronic form (e-mail, SMS, etc.).

2.   In the case of the preceding paragraph, when notifying an unspecified number of people, the Company may notify the members through the service homepage or other notices of the Company. However, matters that have a significant impact on the member's own transactions shall be posted on the service homepage for a significant period of time or notified to the member individually in electronic form (e-mail, SMS, etc.).

Article 10: Methods of Collecting Location Information

1.     The Company collects personal location information from members to provide location information services and location-based services, and members are deemed to agree to this by consenting to these terms and conditions. Consent to the collection of personal location information can be withdrawn through methods such as Service withdrawal.

2.     The Company collects personal location information in the following manner to provide the services specified in Article 6, Paragraph 2:

1.   Collect location information using GPS devices mounted in vehicles, etc.

3.   If the method of collecting location information pursuant to Paragraph 2 is changed, the Company shall notify the homepage in advance or notify the member separately. However, if prior notification is not possible due to uncontrollable reasons, the Company will notify the Member afterward.

Article 11: Use or Provision of Personal Location Information

1.     When the Company intends to use personal location information to provide services, it must specify this in the terms and obtain the consent of the individual to whom the personal location information belongs.

2.   When the Company provides personal location information to a third party, the Company shall notify the recipient of the personal location information and the purpose of the provision in advance and obtain the consent of the personal location information subject. However, the following cases are exceptions.

1.   When requested by law enforcement agencies in accordance with the provisions of law or in accordance with the procedures and methods prescribed by law for the purpose of investigation.

3.     When the Company provides personal location information to a third party designated by the member, it must immediately notify the Member's communication terminal device from which the personal location information was collected of the recipient, provision time, and purpose of provision each time. However, in the following cases, the Member will be notified through a pre-specified communication terminal device or email address.

1.   The communication device that collected the personal location information is not equipped to receive text, voice, or video.

2.   The Member has requested in advance that you notify them, such as by posting online.

Article 12: Purpose of Retention and Retention Period of Personal Location Information

1.   The Company retains and uses the minimum amount of personal location information necessary to provide location information and location-based services, and the purpose of retaining personal location information is in accordance with 'Appendix 1. Types of Services'.

2.   If the Company uses the personal location information of the member, the Company shall destroy the location information use and production room confirmation data and the corresponding personal location information that must be recorded and preserved in accordance with the Location Information Act without delay when the member withdraws from the membership and terminates the service. However, if storage is required by relevant laws and regulations, it shall be stored for the relevant period.

Article 13: Collection, Use, and Retention of Location Information

1.   Based on Article 16, Paragraph 2 of the Location Information Act, the Company automatically records data on the collection, use, and provision of location information in the location information system for the purpose of settling bills and handling complaints with other businesses or customers, and preserves such data for at least 6 months.

2.   If the personal location information subject withdraws all or part of the consent to collect, use, and provide personal location information pursuant to Article 24 (4) of the Location Information Act, the Company shall immediately destroy the collected personal location information and confirmation of the collection, use, and provision room (in the case of partial withdrawal of consent, only the personal location information and confirmation of the location information use and provision room of the withdrawn part). However, if it is necessary to preserve it in accordance with the provisions of the relevant laws and regulations, it shall be preserved as prescribed by the relevant laws and regulations.

Article 14: Rights Held by Subjects of Personal Location Information

1.   Members may withdraw all or part of their consent to the Company's provision of location-based services using personal location information and provision of personal location information to third parties at any time.

2.   A Member may request the Company to temporarily suspend the collection, use or provision of personal location information at any time, and the Company shall not refuse and shall have the technical means to do so.

3.   The Member may request the Company to provide access to or notify the materials listed below, and if there is an error in such materials, the Member may request the correction thereof. In this case, the Company may not refuse the Member's request without a justifiable reason.

1.   Acknowledgment of the collection, use, and disclosure of location information about you

2.   The reason and contents of your personal location information provided to a third party pursuant to the Act on the Protection and Use of Location Information or other legal provisions.

4.   Members may request the contents of Paragraphs 1 through 3 through the prescribed procedures set forth by the Company.

Article 15: Rights Held by Legal Representatives

1.   For Members under the age of 14, the Company shall obtain consent from the member and the member's legal representative for the collection of personal location information, provision of location-based services using personal location information, and 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 14.

2.   The Company shall obtain the consent of the child under 14 years of age and his/her legal representative if the Company intends to use the personal location information or location information of the child under 14 years of age, use the confirmation data of the fact of provision beyond the scope specified or notified in the Terms of Use, or provide it to a third party. However, the following cases are excluded.

1.   When location information is used to settle charges for the provision of location information and location-based services, and when confirmation of the fact of provision is required

2.   De-identified individuals for statistical purposes, academic research, or market research.

Article 16: Rights Held by Guardians of Children Under Eight Years Old

1.   The Company shall be deemed to have the consent of the person in the following cases (hereinafter referred to as "children under 8 years of age, etc.") if the person responsible for their protection agrees to the collection, use or provision of personal location information for the protection of their life or body.

1.   Children under the age of 8

2.   Conservatorship

3.   A person with a mental disability as defined in Article 2, Paragraph 2, Clause 2 of the Disability Welfare Act and a person with a severe disability as defined in Article 2, Paragraph 2 of the Employment Promotion and Vocational Rehabilitation Act (limited to a person who has registered as a person with a disability in accordance with Article 32 of the Disability Welfare Act)

2.   A person who is obligated to protect a child under the age of 8 under the provisions of the preceding paragraph is a person who actually protects the child and falls under any of the following items.

1.   Legal representative of a child under the age of 8 or guardian in accordance with the provisions of Article 3 of the Law on Guardianship of Minors in Institutional Care

2.   Legal guardian of a minor

3.   The legal representative of a person referred to in Paragraph 1, Article 3 of this Article or the director of a living facility for persons with disabilities (limited to facilities established and operated by the state or local governments) pursuant to Article 58, Paragraph 1, Article 1 of the Disability Welfare Act, the director of a social rehabilitation facility for the mentally ill (limited to facilities established and operated by the state or local governments) pursuant to Article 3, Paragraph 4 of the Mental Health Act, and the director of a psychiatric treatment facility pursuant to Article 5 of the same Act

3.   A guardian who wishes to consent to the collection, use, or provision of personal location information for the protection of life or body, such as a child under the age of 8, must attach a written document certifying that he/she is a guardian to the written consent and submit it to the Company.

4.     When a guardian consents to the collection, use, or provision of personal location information of children under 8, etc., the guardian can exercise all the rights of the personal location information subject.

Article 17: Company Address and Contact Information, etc.

1.   The Company's name, address, and contact information are listed below.

·     CEO : Myung Soo Kim

·     Address: Room 6442, 6F, 31, Gangnam-daero 92-gil, Gangnam-gu, Gangnam-gu, Seoul, Korea (Yeoksam-dong)

·     Tel : 02-6959-1250

2.   The Company has designated a person in a position to take practical responsibility for properly managing and protecting personal location information and smoothly handling complaints from personal location information subjects as the person in charge of location information management, and the name and contact information of the person in charge of location information management are as follows.

·     Location Information Manager : Myungsoo Kim

·     Tel : 02-6959-1250

Article 18: Prohibition of Assignment

A Member's right to receive the Services may not be assigned, gifted, or otherwise disposed of, including by way of pledge.

Article 19: Compensation for Damages

1.   If the Company violates the provisions of Articles 15 to 26 of the Location Information Act and causes damage to the Member, the Member may file a claim for damages against the Company. In this case, the Company cannot be exempted from liability unless it proves that it was not intentional or negligent.

2.   If the Member violates any provision of these Terms and Conditions and causes damage to the Company, the Company may claim damages against the Member. In this case, the Member shall not be exempted from liability unless he/she proves that he/she was not intentionally negligent.

Section 20: Indemnification

1.   The Company shall not be liable for any damages caused to the Member if the Service cannot be provided due to any of the following reasons.

1.   There is a natural disaster or equivalent state of force majeure.

2.   Intentional interference with the Service by a third party that has entered into a service partnership agreement with the Company to provide the Service.

3.   If you are unable to use the Service due to reasons attributable to you

4.   For reasons other than items 1 through 3 that are not caused by the Company's intention or negligence

2.   The Company does not guarantee the reliability, accuracy, etc. of the Service and the information, materials, facts posted on the Service, and shall not be liable for any damages caused by the Member.

Article 21: Governing Law and Jurisdiction

1.   These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Korea.

2.   The rights of Members and their legal representatives and the method of exercising them shall be determined by the address of the user at the time of filing, and if there is no address, the district court having jurisdiction over the residence shall have exclusive jurisdiction. However, if the address or residence of the user is not clear at the time of filing, or if the user is a foreign resident, the case shall be filed in a court of competent jurisdiction under the Civil Procedure Act.

Article 22: Dispute Resolution and Miscellaneous

1.     In the event of a dispute between the Company and a member regarding the use of the service, the Company will sincerely consult with the member to resolve the dispute.

2.   If the dispute is not resolved in the consultation in the preceding paragraph, the Company and the Member may apply for financial assistance to the Korea Communications Commission pursuant to Article 28 of the Location Information Act, or apply for financial assistance or dispute mediation to the Korea Communications Commission or the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.

3.   If the foregoing does not resolve the dispute, either the Company or the Member may bring an action in a court of competent jurisdiction under the Civil Procedure Code.

Addendum

Article 1: Effective Date

These Terms and Conditions will be effective as of May 17, 2024

Annex

[Annex 1] Types of Services

The types of location information business and location-based service business provided by the Company and the purpose of using location information are as follows.

Milistar Carry

A service that allows the use of transportation services (taxi, chauffeur, parking, travel, etc.)

Purpose of Using Location Information

·     Search for departures and arrivals based on location and provide boarding locations

·     Search for parking lots based on location

·     Nearby search and directions based on location

·     Provide related services, such as earning points based on location

·     Delivering personalized services and ads from companies based on location

 

Milistar Rental

A service that allows the use of rental services (rental cars)

Purpose of Using Location Information

·     Search for departures and arrivals based on location and provide boarding locations

·     Search for parking lots based on location

·     Nearby search and directions based on location

·     Provide related services, such as earning points based on location

·     Delivering personalized services and ads from companies based on location