Collection and Use of Personal Information
Sentech Korea Corporation (hereinafter referred to as the “Company”) actively protects personal information of the users, complies with the provisions of personal information protections under the relevant laws and regulations such as the Personal Information Protection Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Protection of Communication Secrets Act that the provider of information and communications services, etc. under the Telecommunications Business Act must comply with, and is doing its utmost endeavor in protecting the rights of the users by providing for the personal information processing policy based on the related legislations.
1. Items and Collection Method of Personal Information Collected by the Company
The Company collects personal information for smooth provision, etc. of the Services as below:
A. Items of Personal Information to be Collected
1) Personal Information to be Collected at the Time of Login
- The Company collects the name and Google ID of any user who has conducted creation and login of any Google account.
- The Company collects the name and Facebook ID of any user who has conducted creation and login of any Facebook account.
- The Company collects the nickname of any user who has selected guest login.
- The Company automatically collects the IP addresses and device IDs of all the users who use the Product.
2) Personal Information to be Collected When Using the Services
- The result values are collected depending on the selection of the user.
B. Non-personal Information Items to be Collected:
1) Non-personal Information to be Collected at the Time of Login
- The Company collects the device information of any user.
2. Use and Entrustment of Personal Information
The Company uses the collected information in order to provide and improve the Services. The Company may share the personal information with any third party if necessary for the purpose of providing the Services.
A. Use of Personal Information
The Company uses the collected information in order to provide and improve the Services.
1) Solving technical problems and improving Services environment
2) Classification of the members for providing the Services
B. Entrustment of Personal Information
The Company may entrust processing of personal information to a third party which conducts the Company’s business on behalf of the Company in order to provide and manage customer support services. If the Company entrusts processing of personal information to a third-party enterprise, the relevant business enterprise may process only the information necessary for performing the services requested by the Company.
3. Term of Possession and Use of Personal Information
It is a principle that the Company possesses and uses the personal information of the member for the term notified and agreed by them, and it shall destroy such information immediately when the purpose of collection and use of the personal information has been achieved, the possession period has been expired or the agreement on collection and use has been repealed by any member.
A long-term inactive member who has no record of using the Services after his/her final login may terminate the contract and take any necessary measure such as destruction of personal information in order to protect his/her personal information. In such a case, the fact that all the necessary measures are taken within 30 days from the date of such measure, the expiration date of the term of possession of the personal information, and the items of the personal information shall be notified to the relevant member.
The cases where any personal information should be kept for a certain period under the relevant legislations shall be as below:
1. In the event of collection of login information, such information shall be kept for one year pursuant to the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
2. In the event of collection of the records regarding contracts or withdrawal of subscriptions, such records shall be kept for five years pursuant to the Act on the Consumer Protection in Electronic Commerce, Etc.
4. Method of Destruction of Personal Information
The Company shall, in principle, destroy personal information of any member once the purpose of processing has been achieved. Any personal information stored in any physical form shall be shredded or incinerated, and any personal information stored in the form of any electronic file shall be deleted by any technical method where such records cannot be reproduced.
5. Rights of Members and Method of Exercise of Such Rights
1. A member may at any time request deletion of the information and suspension of processing for his/her registered personal information. In the event that a member wants deletion of the information or suspension of processing thereof, please contact the person in charge of protection of personal information in writing or by e-mail.
2. A member may use the Company’s Services without providing his/her personal information. In the event that a member has not agreed on the use of his/her personal information by the Company, the Company may not provide any use of the Services or customer support services.
Article 1 (Purpose)
The purpose of the contract terms is to provide for the rights, obligations and liabilities, and any other necessary matters for the use of the Services provided via mobile devices by Sentech Korea Corporation (hereinafter referred to as the “Company”) and any incidental networks and other services (hereinafter referred to as the “Services”).
Article 2 (Definition of Terms)
1. The definition of the terms used in the contract terms shall be as below:
1) The term “Company” shall mean the business operator that provides the Services via mobile devices.
2) The term “member” shall mean a person who uses the Services provided by the Company after concluding the use contract in accordance with these contract terms.
3) The term “mobile device” shall mean any device such as any smartphone or tablet that may download or use the contents after installation thereof.
4) The term “account information” commonly shall refer to the information provided to the Company by any member including, but not limited to, the outside account information and device information of the member.
5) The term “application” shall mean any and all programs which are downloaded or used after installation via mobile devices in order to use the Services provided by the Company.
6) The term “Services” shall mean the alert Services, provision of information and any other services incidental thereto provided to the members via the breathalyzer products of the Company.
7) The term “user” shall mean any person who intends to use the Services prior to execution of the use contract with the Company.
2. The definitions of the terms used in these contract terms shall be in accordance with the relevant legislations and the policies by service except what has been provided for in paragraph 1 of this Article, and any other terms not defined herein shall follow the general business practices.
Article 3 (Effect and Revision of Contract terms)
1. The Company shall prepare the contract terms for the users to easily understand.
2. When the Company revises the contract terms, it shall announce such revision to the members by posting thereof in the Services or any linked screens by specifying the application date, contents and reasons of such revision, etc. no later than 7 days from the date of application: Provided, that if the revised contents are disadvantageous to the members or of material revision, such revision shall be announced in the same manner as the above text no later than 30 days from the date of application and notified to the members in the manner under paragraph 1 of Article 21. In such a case, the contents before and after the revision shall be indicated by clear comparison with each other for the members to easily understand.
3. When the Company revises the contract terms, it shall verify the agreement of the members on application of the revised contract terms after announcement of the revised contract terms. When the Company makes the announcement or notice under paragraph 2, it shall also announces or notifies the contents that a member shall be deemed to have agreed on the revised contract terms unless he/she expresses his/her intention of agreement on or refusal of the revised contract terms, and if a member has not expressed his/her intention of refusal until the enforcement date of these contract terms, he shall be deemed to have agreed on the revised contract terms. If a member disagrees on the revised contract terms, the Company or member may terminate the Service Use Contract.
4. The Company shall take necessary measures for the members to make inquiries and answers regarding the details of these contract terms.
5. The Company may revise these contract terms to the extent not violating the relevant legislations.
Article 4 (Conclusion and Application of the Service Use Contract)
1. The Service Use Contract shall be concluded when a person who intends to use the Services (hereinafter referred to as “applicant for membership”) has applied for use of the Services after agreeing on these contract terms, and the Company has accepted such application.
2. The Company shall, in principle, accept applications of the applicants for membership: Provided, that the Company may refuse any application for use falling under any of the following subparagraphs:
1) Where a person applies to use the Services by any irregular or indirect manner from any country in which the Company does not provide the Services;
2) Where a person intends to use the Services for any unjustifiable purpose;
3) Where a person intends to use the Services to pursue profits; or
4) Where it is deemed unproper to accept the application due to the reason similar to any of the above subparagraphs.
3. Where the Company falls under any of the following subparagraphs, it may postpone the acceptance of the application until such reason has been resolved:
1) Where there is no further capacity in the Company’s facilities, or it is difficult to support a certain mobile device, or if there is any technical difficulty;
2) Where any technical difficulty has occurred in the Services; or
3) Where it is deemed difficult to immediately accept the application for use due to the reason similar to any of the above subparagraphs.
Article 5 (Rules other than Contract terms)
Any matters not provided for in these contract terms and the construction of these contract terms shall be governed by the relevant legislations or commercial practices.
Article 6 (Protection and Management of Personal Information)
1. The Company shall endeavor to protect personal information of the members as provided for in the relevant legislations, and protection and use of personal information shall be governed by the relevant legislations and the personal information processing policy of the Company.
2. The Company shall not provide personal information of any of the members to any other person unless there is a request from any national agency under the relevant legislations.
3. The Company shall not be liable for any damage caused by any leakage of personal information of a member due to any reason attributable to himself/herself: Provided, that the same shall not apply to the case where it has been caused by any reason attributable to the Company.
4. For the purpose of protecting personal information of the members, the Company shall destroy or manage by separately storing personal information of any member who has no history of access for one year after the date of access in accordance with the system of effective term of personal information under the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the account of any member who has no access record for one year shall be treated as a dormant account and any use thereof shall be restricted unless there is any separate request from the member: Provided, that if the member sets up the effective term of personal information in accordance with the procedures determined by the Company, the Company shall treat the account of any member as a dormant account in accordance with the period set up by the Company.
Article 7 (Obligations of Company)
1. The Company shall comply in good faith with the enforcement of the rights and performance of the obligations provided for in the relevant legislations and these contract terms.
2. The Company shall be equipped with the security system to protect personal information (including credit information) for the members to be able to securely use the Services, and it shall announce and comply with the personal information processing policy. Unless otherwise provide for in these contract terms and the personal information processing policy, the Company shall not disclose or provide personal information of any member to any third person.
3. When there has occurred any difficulty in the facilities or any data has been deleted while it has been performing service improvement for providing continued and stable Services, it shall make its utmost efforts to repair or restore such problem unless there is any unavoidable reason including but not limited to any force majeure, emergency situation, or any difficulty or defect which cannot be solved with the current technology.
Article 8 (Obligations of Members)
1. The members shall not conduct any acts falling under any of the following subparagraphs in relation with the use of the Services provided by the Company:
1) Any act of using the Services for any other services for profits, sales, advertising, promotion, political activity, election campaign, etc. than its original intended use without notice;
2) Any act of reproduction, distribution, encouragement thereof, or commercial use of any information without notice obtained by using the Company’s Services, or any act of using the Services by making wrong use of any known or unknown bug;
3) Any act of taking profits by deceiving any other person, or any act of inflicting damages to any other person in relation with the use of the Company’s Services;
4) Any act of infringing the intellectual property rights or portrait rights of the Company or any other person, or any act of damaging the reputation of or causing damages to any other person;
5) Any act of changing the application, adding or inserting any other program into the application, hacking or reverse engineering of the server, or changing the source code or application data, establishing any separate server, or any act of impersonation of the Company by arbitrarily changing and expropriating of any part of the website, without being granted any special rights by the Company; or
6) Any other act violating the relevant legislations or contrary to the morality or social common notions.
2. A member shall be liable for management of his/her account and mobile device, and he/she shall not any other person to use thereof. The Company shall not be liable for any damages caused by mismanagement of any mobile device or allowing any other person to use such device.
Article 9 (Provision of Services)
1. The Company shall immediately allow any member for whom the use contract has been completed in accordance with Article 4 of these contract terms to use the Services: Provided, that some services may be provided from the dates designated by the Company for its needs.
2. When the Company provides the Services to its members, it may provide other optional services including the services provided for in these contract terms.
Article 10 (Use of Services)
1. The Services shall be provided for the hours designated by the business policy of the Company (it is a principle to provide the Services round the clock throughout the year, unless otherwise informed by the Company): Provided, that if it is required to put limitations on the service hours as provided by the relevant legislations, the Company may limit or change the service hours without any prior announcement, and it shall not bear any liability.
2. Notwithstanding paragraph 1, the Company may temporarily suspend the whole or part of the Services if falling under any of the following subparagraphs. In such cases, the Company shall announce in advance the reasons and period of such suspension in the start-up screen, etc. of the application: Provided, that if there is any unavoidable circumstance, the Company may announce it afterhand:
1) Where it is needed for maintenance check, replacement or regular check of the information and communication facilities such as computers, or modification of the contents of the Services;
2) Where it is needed to respond to any electronic invasion accident including hacking, communication accident, irregular use manner of the members, and unexpected instability of the Services;
3) Where any relevant legislation prohibits provision of the Services by specific time or manner;
4) Where it is impossible to provide the normal Services due to any natural disaster, emergency situation, blackout, any difficulty in the service facilities, or flood of service use, etc.; or
5) Where it is needed due to any material management needs of the Company including split-off, merger, assignment of business, discontinuance of business, deteriorated profitability of the relevant service of the Company.
3. The Company shall provide the Services by using the exclusive application or network for mobile devices. A member may use the Services free or with charge by downloading and installing the application or by using the network.
4. In the case of any service used via any application downloaded and installed or the network, it is provided in the state compatible with the characteristics of the mobile device or mobile carrier. In the case of changing any mobile device or password, or overseas roaming, it may be impossible to use the whole or part of the contents, and the Company shall not be liable therefor.
5. Where any service is used via any application downloaded and installed or any network, any background work may be conducted. In such cases, surcharges may be incurred in order to be compatible with the characteristics of the mobile device or mobile carrier, and the Company shall not be liable therefor.
Article 11 (Change and Suspension of Services)
1. In the case of Article 10. 2. 1) of the contract terms, the Company may suspend the Services by designating a fixed time as weekly or monthly units. In such cases, the Company shall announce thereof by announcements, etc.
2. The Company may change the Services depending on the operational or technical needs in order to smoothly provide the Services, and it shall announce the relevant contents prior to such change: Provided, that if it is necessary to unavoidably change the Services due to correction of any bugs or errors, or emergent updates, or if it is not any material change, the Company may announce such change afterhand.
3. The Company may modify, suspend or change the whole or part of the Services provided free of charge due to the policy and need of the operation of the Company. Unless otherwise specifically provided for in the relevant legislations for the above, the Company shall not compensate the members for loss of expected profits, loss of profits not directly provided by the Company, or any loss incurred by the members due to the modification, suspension or change of the Services provided free of charge.
4. In the event that the Company permanently terminates any Service due to any technical or administrative reason, the Company shall terminate the relevant Service after announcing the facts regarding termination of the Service in the homepage or Services no later than 30 days from such termination. In the event that there is any unavoidable circumstance, it may notify such fact afterhand.
Article 12 (Provision of Advertising)
1. The Company may insert advertising in the Services in relation with the operation of the Services. In addition, the Company may transmit advertising information only to the members who have agreed on reception in the manner such as alert message, etc. In such cases, the member may at any time refuse the reception, and the Company shall not send any advertising information when the member has refused the reception.
2. The members may be connected to any advertising or services provided by any other person via any banner or link in the Services provided by the Company.
3. In the event that any member has been connected to the advertising or services provided by any other person pursuant to paragraph 2, the Company does not guarantee the reliability and stability of the services as such services provided in the relevant area are not covered in any area provided by the Company, nor is the Company liable for any loss incurred by the member due to such services: Provided, that if the Company has facilitated occurrence of such loss due to its willful misconduct or gross negligence or if it has not taken any necessary measure to prevent such loss, the same shall not apply.
Article 13 (Reversion of Copyrights, etc.)
1. The copyrights and any other intellectual property rights for the contents in the Services produced by the Company shall revert to the Company.
2. A member shall not use any information the intellectual property rights of which have reverted to the Company or provider among the information obtained by using the Services provided by the Company for profits or allow any other person to use it in the manner of reproduction and transmission, etc. (including compiling, publication, performing, distribution, broadcasting, preparation of secondary works, etc.) without any prior consent from the Company or provider.
Article 14 (Restriction on Use of Services for Members)
1. A member shall not conduct any act in violation of any of the obligations of the members under Article 8, and if he/she has conducted the relevant act, the Company may take any measure of restriction on use including restriction on use of the Services by the member according to the following classification, deletion of the relevant information (writing, photographs, etc.), and any other measure. The specific reasons and procedures by which the measure of restriction on use shall be determined by the operation policy in accordance with paragraph 1 of Article 6.
1) Restriction on Use of Terminal: Any access to the Service by the relevant terminal is restricted permanently or for a certain period of time
2) Restriction on Use of Account: Any use of the relevant account is restricted permanently or for a certain period of time
2. If the restriction on use under paragraph 1 is justifiable, the Company shall not compensate for any loss incurred by any member due to the restriction on use.
3. The Company may suspend any use of the Services of the relevant account until the investigation for any of the following reasons has been completed:
1) Where a legitimate report that an account has been hacked or appropriated has been received; or
2) Where any provisional measure of suspension of use of the Services for any reason similar to the subparagraph.
Article 15 (Reasons and Procedures for Restriction on Use)
1. The Company shall determine the specific reasons and procedures for the measure of restriction on use under paragraph 1 of Article 14 by the operation policy in consideration of the contents, degree, number, result, etc. of the prohibited acts under paragraph 1 of Article 8.
2. If the Company imposes the restriction on use provided for in Article 14, it shall notify the following matters to the members in the manner of posting such matters to the members in the start-up screen of the Services.
1) Reasons for Restriction on Use
2) Type and Period of Restriction on Use
Article 16 (Procedures for Raising Objection to Measure of Restriction on Use)
1. When a member intends to raise an objection to the measure of restriction on use by the Company, he/she shall submit the statement of objection describing the reasons for such objection to the Company by document, e-mail or in any similar manner within 14 days from the date of receipt of the notice of such measure.
2. The Company shall respond to the reasons for objection by any document, e-mail or in any manner similar thereto within 15 days from the date of receipt of the statement of objection under paragraph 1: Provided, that if it is difficult to respond within this period, the Company shall notify of the reasons and schedule of such processing.
3. If the reasons for objection are deemed proper, the Company shall take measures therefor.
Article 17 (Cancellation and Termination of Membership)
1. If a member does not want to use the Services, he/she may at any time cancel his/her membership in accordance with the procedures for cancellation of membership. Any information about using of the Services retained in the Services by the member shall be deleted due to cancellation of membership and unrecoverable.
2. If a member has applied for cancellation of membership, the Company may verify the identity of the member in person, and if the relevant member has been verified as the member in person, it shall take measures for the application by the member.
3. The Company may terminate the use contract and take measures such as destruction of the personal information of the member in order to protect personal information of any dormant account which has not used the Services of the Company continuously for one year since the date of the latest use of the Services. In such cases, the Company shall notify the relevant member of the fact that the measures such as termination of the contract and destruction of the personal information, etc. shall be taken and the personal information to be destroyed not later than 30 days prior to the date of such measures.
Article 18 (Compensation for Damages)
1. In the event of inflicting any damages to the other party in violation of these contract terms, the Company or a member shall be liable for compensation for such damages: Provided, that the same shall not apply if there has been no willful misconduct or negligence.
Article 19 (Immunity from Responsibility)
1. If the Company is not able to provide the Services due to any natural disaster or force majeure similar thereto, it shall not be responsible regarding provision of the Services.
2. The Company shall not be liable for any damages incurred by any member due to any repair, replacement, regular inspection and construction of the facilities for the Services and any other reason similar thereto: Provided, that the same shall not apply in the case that such damages have been caused by any willful misconduct or negligence.
3. The Company shall not be liable for any difficulty in using the Services due to any willful misconduct or negligence of a member: Provided, that the same shall not apply if the member has any unavoidable or proper reason.
4. The Company shall not be responsible for the reliability and correctness of the information or materials posted in relation with the Services unless there is any willful misconduct or gross negligence.
5. If a member cannot use the whole or part of the functions of the contents due to change of the mobile device, change of the number of the mobile device, change of the version of the operating system, overseas roaming, change of mobile carrier, etc., the Company is not liable therefor: Provided, that the same shall not apply in the case of any willful misconduct or negligence of the Company.
6. If a member has deleted the contents or account information provided by the Company, the Company shall not be liable therefor: Provided, that the same shall not apply in the case of any willful misconduct or negligence of the Company.
Article 20 (Notice to Members)
1. In the event that the Company gives any notice to any member, it may do so by using e-mail address, LMS/SMS, alert message (push notification), etc.
2. In the case of giving a notice to the members in whole, it may replace the notice under paragraph 1 by announcing in the official community of the Company for a period of a week or longer.
Article 21 (Jurisdiction and Governing Law)
These contract terms shall be governed and construed in accordance with the laws of the Republic of Korea. If a lawsuit is filed for any dispute between the Company and any member, the competent court shall be the court in accordance with the procedures provided for in the legislations.