Terms Of Use
Effective Date: 1 January 2024
Please read these Terms of Use (“Terms”) before accessing or using the Over-the-Air Software and Firmware Update Service ("Service"). By accessing or using the Service, you agree to be bound by these Terms. This Service is operated by EnGIS Technologies, Inc. (“EnGIS”), a company registered under the Laws of the Republic of Korea and having its registered office at 501~505, FORHU, 58, Wangsimni-ro, Seongdong-gu, Seoul, 04778, South Korea. This agreement is between EnGIS and the customer agreeing to this agreement (Customer). If you have a written agreement with EnGIS for this Service, then that agreement will govern, and the agreement below will not apply. The information contained herein is designed to be as comprehensive and factual as possible. We reserve the right, however, to make changes at any time, without notice.
1. Acceptance of Terms
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Use of Service.
-
Trial. If Customer has not agreed to pay for the Service, then Customer is under a trial period as designated by EnGIS. During the trial period, the Service is provided AS IS. All data may be deleted at the end of the trial period, unless Customer converts to a paid account.
-
Customer Owned Data. All data uploaded by Customer remains the property of Customer, as between EnGIS and Customer (Customer Data). Customer grants EnGIS the right to use the Customer Data solely for purposes of performing under this agreement. During the term of this agreement, Customer may export or print reports regarding certain Customer Data as allowed by functionality within the Service.
-
Contractors and Employee Access and Usage. Customer may allow its contractors and employees to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors and its employees.
-
Customer Responsibilities. Customer:
- must keep its passwords secure and confidential;
- is solely responsible for Customer Data and all activity in its account in the Service;
- must use commercially reasonable efforts to prevent unauthorized access to its account and notify EnGIS promptly of any such unauthorized access; and
- may use the Service only in accordance with the Service’s User Guide and applicable law.
-
EnGIS provides access to its application-programming interface (API) as part of the Service. Subject to the other terms of this agreement, EnGIS grants Customer a non-exclusive, non-transferable, terminable license to interact only with the Service as allowed by the API. Customer may not use the API in a manner, as reasonably determined by EnGIS, that exceeds reasonable request volume, constitutes excessive or abusive usage, or fails to comply with any part of the API. If any of these occur, EnGIS can suspend or terminate Customer’s access to the API on a temporary or permanent basis. EnGIS may change or remove existing endpoints or fields in API results upon at least 30 days’ notice to Customer, but EnGIS will use commercially reasonable efforts to support the previous version of the API for at least 6 months. EnGIS may add new endpoints or fields in API results without prior notice to Customer. The API is provided on an AS IS basis. EnGIS has no liability to Customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.
3. Beta Releases
From time to time, EnGIS may grant Customer access to “alpha”, “beta”, or other early-stage products (“Beta Releases“). While EnGIS may provide assistance with Beta Releases at its discretion, notwithstanding anything to the contrary in this Agreement, Customer agrees that any beta release is provided on an “as is” and “as available” basis. Customer further acknowledges and agrees that beta releases may not be complete or fully functional and may contain bugs, errors, omissions, and other problems for which EnGIS will not be responsible. Accordingly, any use of a beta release is at Customer’s sole risk. EnGIS makes no promises that future versions of a Beta Release will be released. EnGIS may terminate Customer’s right to use any Beta Release at any time for any reason or no reason at EnGIS' sole discretion, without liability.
4. EnGIS Intellectual Property
-
EnGIS logo(s) are trademarks of EnGIS. Other trademarks, service marks, graphics, and logos used may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
-
Reservation of Rights. The software, workflow processes, user interface, designs, know-how and other technologies provided by EnGIS as part of the Service are the proprietary property of EnGIS and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with EnGIS. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. EnGIS reserves all rights unless expressly granted in this agreement.
-
Restrictions. Customer may not (i) sell, resell, rent or lease the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libellous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
-
Aggregate Data. During and after the term of this agreement, EnGIS may use and retains all rights in all non-personally identifiable data within the Service for purposes of enhancing the Service, aggregated statistical analysis, technical support and other internal and external business purposes.
-
Mobile Software. EnGIS may make available software to access the software via a mobile device. To use the software, Customer must have a mobile device that is compatible with the software. EnGIS does not warrant that the software will be compatible with Customer's mobile device. Customer may use mobile data in connection with the software and may incur additional charges from Customer's wireless provider for these services. Customer agrees that it is solely responsible for any such charges. Customer acknowledges that EnGIS may, from time to time, issue upgraded versions of the software, and may automatically electronically upgrade the version of the software that Customer is using on its mobile device. Customer consents to such automatic upgrading on its mobile device and agrees that the terms and conditions of this agreement will apply to all such upgrades.
5. Service Access
While EnGIS endeavours to ensure that the Service is normally available 24 hours a day, EnGIS shall not be liable if for any reason the Service is unavailable at any time or for any period. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond EnGIS’ control.
6. Security
EnGIS cannot take any responsibility for information transmitted via the Service and cannot guarantee that any electronic commerce or communication is totally secure. EnGIS does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and EnGIS disclaims any liability relating thereto. Products can only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. You shall be responsible for backing up your own system, including any products purchased from Service that are stored in your system.
7. Backups of Customer Data
Customer Data refers to content such as text, data, images, or other information that can be posted, uploaded, linked to, or otherwise made available by the Customer, regardless of the form of that content.
Although regular backups are performed, EnGIS does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Customer Data that is corrupted prior to being backed up or that changes during the time a backup is performed.
EnGIS will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Customer Data. The Customer acknowledges that EnGIS has no liability related to the integrity of Customer Data or the failure to successfully restore Customer Data to a usable state.
The Customer agrees to maintain a complete and accurate copy of any Customer Data in a location independent of the Service.
8. Accuracy of Information
The information on this website is intended for customers of EnGIS. EnGIS will use its reasonable endeavours to ensure that the contents of this Service are accurate and up to date. However, due to the nature of software development and changes implemented in specifications during updates etc, products shown on this Service may differ from the latest specification. Some of the features described or shown may only be available in certain countries or may be available only at extra cost. EnGIS reserves the right to change product specifications at any time, and EnGIS does not accept any liability for any claims or losses arising from a reliance upon the contents of the website.
No reliance should be placed upon any of the statements made within the Service and the material on the Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, EnGIS provides you with the Service on the basis that EnGIS excludes all representations, warranties and conditions or other terms (including, without limitation, any conditions implied by law) which, but for these terms, might have effect in relation to the site.
9. Term and termination
-
Term. This agreement continues until all orders have expired or are terminated under Section 9(b) below.
-
Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/resolution period, if the breach has not been resolved.
-
Return of Customer Data. Within 60-days after termination, upon request EnGIS will make the Service available for Customer to export such data as provided in Section 2(b).
-
After such 60-day period, EnGIS has no obligation to maintain the Customer Data and may destroy it.
-
Return EnGIS Property Upon Termination. Upon termination of this agreement for any reason, Customer must pay EnGIS for any unpaid amounts, and destroy or return all property of EnGIS. Upon EnGIS’ request, Customer will confirm in writing its compliance with this destruction or return requirement.
-
Suspension for Violations of Law. EnGIS may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using the Service, Customer has violated a law. EnGIS will attempt to contact Customer in advance.
10. Limitation of Liability
-
Exclusion of indirect damages. EnGIS is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.
-
Total limit on liability. EnGIS’ total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by customer within the 12-month period prior to the event that gave rise to the liability.
-
EnGIS’ liability in connection with this Agreement and Service and any documentation provided to the Customer does not extend to any consequential loss (including loss of opportunity profits).
-
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
11. Governing Law and Jurisdiction
The laws of the Republic of Korea govern these Terms and Conditions and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with EnGIS or relating in any way to your use of the Service resides in the courts of the Republic of Korea.
Effective Date: 1 January 2024
WE CARE ABOUT YOUR PRIVACY
EnGIS Technologies, Inc. (“EnGIS”) is committed to respect your privacy and to comply with applicable data protection and privacy laws. This privacy policy (“Policy”) describes how we collect and use personal data where EnGIS is the data controller or where we refer to the applicability of this Policy. “Personal data” means information relating to you or another identifiable individual.Software on your device may access your information. Our products or services (“Service”) may contain links to other companies’ websites and services that have privacy policies of their own. EnGIS is not responsible for the privacy practices of others and we recommend you read their privacy notices.If you do not agree with this Policy, do not use our products and services or provide EnGIS with your personal data.
This policy is between EnGIS and the customer agreeing to this policy (Customer).
WHAT INFORMATION DO WE COLLECT?
We collect your personal data and other information when you make a purchase, use or register into our Service. This includes following categories:
- Information you provide us with: When you create an account, make a purchase, request services, or otherwise interact with us, we may ask for information such as your name, email address, usernames and passwords, feedback, and information relating to your devices. We also maintain records of your consents, preferences and settings relating to, for example, location data and sharing of personal data.
- Your transactions with us: We maintain records of your purchases, downloads, the content you have provided us with, your requests, the Service provided to you, payment and delivery details, your contacts and communications and other interactions with us. We may, in accordance with applicable laws, record your communication with our customer care or with other such contact points.
- Use of our Service: When you access our online services, or use a feature that requires online access, our web servers automatically create records of your visit. These records typically include the features used, the content viewed or requested (Place Information), language and other such information.
- Positioning and Location data: Location-based services establish location through the use of satellite, mobile, Wi-Fi or other network-based positioning methods. These technologies may involve exchanging your location data and unique device and mobile, Wi-Fi or other network related identifiers with EnGIS. We do not use this information to identify you personally without your consent.
- Technical information and your transactions: When you use our Service, certain technical information such as the type of your mobile device, unique device or network service provider identifiers, internet protocol address, time zone, technical details of your client as well as your transactions with EnGIS may be automatically collected by EnGIS.
OUR USES OF YOUR DATA
- Non-personal use of Location Data: We do not associate your Location Data with your other personally identifiable information, such as EnGIS account, unless you have asked us to do so. We implement appropriate technical and organisational measures to prevent associating your Location Data with other personally identifiable information without your permission.
- If you have consented for EnGIS to access your location data, then the location of your device will be tracked. Location data will be used to optimise the over-the-air updates to ensure that only region-specific updates are provided for your device, or server networks are optimised for your device. Location data will be used to allow the Customer to view reports on the platform showing the location of all location-enabled devices. Additional analysis is also available for which the location of the device is required. This data is not sold or shared with any third parties.
WHY DO WE PROCESS PERSONAL DATA?
EnGIS may process your personal data for the following purposes. One or more purposes may apply simultaneously:
- Accounts: Some services may require an account to help you manage your content and preferences.
- Providing products and services: The information collected by the Service is used to provide you with our products and services, to process your requests or as otherwise may be necessary to perform the contract between you and EnGIS, to ensure the functionality and security of our products and services, to identify you as well as to prevent and investigate fraud and other misuses.
- Developing and managing products and services: We may use your personal data to develop and manage our products, services, and customer care. We may also use the information to provide you with more improved search and recommendations to better assist you to find a place you may like.
- Communicating with you: We may use your personal data to communicate with you, for example to inform you that our services have changed or to send you critical alerts and other such notices relating to our products and/or services and to contact you for customer care related purposes.
- Compliance: We may use your information to comply with legal obligations, enforce our terms of service, and protect the rights, property, or safety of EnGIS, our users, or others.
HOW DOES ENGIS SAFEGUARD ITS DATA
EnGIS implements appropriate security safeguards, including technical and organizational measures, to protect personal data against unauthorized access, use, modification or loss.
DOES ENGIS SHARE YOUR DATA
EnGIS will not share your personal information with third parties except in the following circumstances:
- Service Providers: We may engage third-party service providers who assist us in providing the Service (e.g., cloud hosting, analytics, customer support). These providers are contractually bound to handle the data securely and only for the purposes specified by EnGIS.
- Legal Compliance: We may share information if required by law, regulation, legal process, or governmental request.
HOW LONG IS PERSONAL DATA RETAINED
EnGIS endeavours to only collect personal data that is necessary for the purposes for which they are collected, and to retain such data for no longer than is necessary for such purposes. The length of time personal data is retained, and criteria for determining that time, are dependent on the nature of the personal data and the purpose for which it was provided; for example, for your personal data related to managing your account (such as name, email address) are maintained for as long as they are retained by you within your account. Other data, such as records of your activity within the application, are typically maintained only for a short period before being anonymized or pseudonymized. You may contact the EnGIS using the contact information below to obtain additional information about retention of your personal data.
DATA CONTROLLER AND DATA PROTECTION OFFICER
Your personal data collected by EnGIS is controlled by EnGIS Technologies, Inc., which is located at 501~505, FORHU, 58, Wangsimni-ro, Seongdong-gu, Seoul, 04778, South Korea.
EnGIS’ Data Protection Officer is located at the same address and can also be contacted by email at info@engistech.com
YOUR RIGHTS
If you reside in the European Union, you have the right under the General Data Protection Regulation to request from EnGIS access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws. To request access to or rectification, portability or erasure of your personal data, or to delete your EnGIS account, contact our support team whose details are described below.
If you wish to exercise your right to restriction of processing or your right to object to processing, please contact EnGIS’s Data Protection Officer at EnGIS Technologies, Inc., which is located at 501~505, FORHU, 58, Wangsimni-ro, Seongdong-gu, Seoul, 04778, South Korea. or by email at info@engistech.com
INFORMATION SHARING
Your Location Data will not be shared with other service providers without your permission. The Service may allow you to share your Location Data or Place Information with a social network or directly with your friends. The Service also includes content from and links to third party sites and services. When you interact with these sites and services, you may provide your current location to them. We recommend you to check your settings and the privacy policies of such social networks or other third parties to understand how they process your information.
We may share your personal data:
- with your consent;
- with EnGIS companies and authorised third parties, who process personal data on our behalf;
- where there is a legal requirement to do so.
CONSENT
By using our software and services, you consent to the collection, use, and processing of your personal information as described in this Privacy Policy.
CONTACT
If you have any concerns, you may contact us through our customer care: info@engistech.com.
CHANGES TO THIS PRIVACY POLICY
EnGIS may from time to time change this policy or change, modify or withdraw access to this site at any time with or without notice. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.
Effective Date: 1 January 2024
Marketing Communications Consent (optional)
From time to time, we may wish to contact you with marketing information and updates about our own products and services by email, post or telephone.
You can refuse consent, and you can use the service even if you do not consent.
You're in control. If you'd like to change your choices at a later date, you may do so by updating your My Account page on this website.
For more information on the processing of your personal data in this respect and for contact details to our customer service, please click here.
Effective Date: 1 January 2024
Location-based Service Terms and Conditions
- Article 1 [Purpose]
- Article 2 (Effectiveness and change of terms and conditions)
- Article 3 (Rules other than terms and conditions)
- Article 4 (Subscription to Service)
- Article 5 (Termination of Service)
- Article 6 (Contents of Service)
- Article 7 (Service Fees)
- Article 8 (Restrictions and suspension of service use)
- Article 9 (Notice of change in service contents, etc.)
- Article 10 (Use or provision of personal location information)
- Article 11 (Rights of personal location information subjects)
- Article 12 (Prohibition of transfer)
- Article 13 (Rights of legal representatives and methods of exercise)
- Article 14 (Rights, duties and methods of exercise of guardians of children under 8 years of age, etc.)
- Article 15 (Compensation for Damages)
- Article 16 (Indemnification)
- Article 17 (Dispute Mediation and Others)
- Article 18 (Company’s address and contact information, etc.)
Article 1 [Purpose]
These terms and conditions refer to members who have agreed to the EnAIR Service Terms and Conditions. Hereinafter referred to as “members”) use location-based services (hereinafter referred to as “services”) provided by EnGIS Technologies, Inc. (hereinafter referred to as “Company”). The purpose is to stipulate the rights, obligations and responsibilities of the company and its members.
Article 2 (Effectiveness and change of terms and conditions)
-
These terms and conditions become effective when the customer who applied for the service or the subject of personal location information agrees to these terms and conditions and registers as a user of the service in accordance with the prescribed procedures set by the company.
-
The company posts the contents of these terms and conditions on the initial screen of the service or announces them through other means so that members can easily understand them.
-
The Company may change these Terms and Conditions if deemed necessary, and if the Company revises the Terms and Conditions, the existing Terms and Conditions, the revised Terms and Conditions, and the date of application and reason for revision of the revised Terms and Conditions shall be specified, along with the current Terms and Conditions, 7 days prior to the date of application. This notice will be provided for a considerable period of time after the effective date. However, if the revision is unfavorable to the member, the revised terms and conditions will be notified by posting it on the service website or sending the member an electronic form (e-mail, SMS, etc.) for a considerable period of time from 30 days before the date of application to after the date of application.
-
Expression of intention to reject despite the fact that the company has clearly notified members that they will be deemed to have approved if they do not express their intention to reject within 7 days from the date of notice or notification/notification until 7 days after the effective date of the revised terms and conditions while announcing or notifying members in accordance with the preceding paragraph. If there is no, it is deemed that the changed terms and conditions have been approved. 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)
For matters not specified in the Terms and Conditions, the Act on Protection and Use of Location Information (hereinafter referred to as the “Location Information Act”), the Telecommunications Business Act, and the Act on Promotion of Information and Communications Network Utilization and Protection, etc. (hereinafter referred to as the “Information and Communications Network Act”), in accordance with related laws such as the Personal Information Protection Act, or the service operation policy and rules established by the company (hereinafter referred to as “detailed guidelines”), and Matters regarding personal information processing standards and protection measures are disclosed through the personal information processing policy.
Article 4 (Subscription to Service)
-
The person who can subscribe to the service is the owner of a mobile phone terminal that can use location-based services or a terminal that can use other services (hereinafter referred to as “terminal”).
-
Service subscription becomes effective when the member agrees to these terms and conditions set by the company and the company approves them.
-
The company may not accept a user’s application for membership in the following cases:
- If you apply falsely, such as using your real name or someone else’s name
- If you apply with membership registration information omitted or incorrectly entered.
- If other application requirements set by the company are not met
Article 5 (Termination of Service)
If a member wishes to cancel the use of the service, the member may apply for service cancellation through the procedures established by the company (notified through the service website, etc.), and the company will promptly process the service in accordance with the provisions of the law.
Article 6 (Contents of Service)
-
In principle, the service is available 24 hours a day, 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 set by the company for operational purposes. In this case, the company will announce this in advance or after the fact.
-
The services provided by the company are as follows:
- Service name: EnAIR (OTA update and control service)
- Service contents: Service that provides update history and status information in accordance with the service terms and conditions
- Location information retention period: 60 days
- Purpose of retention: Location information of devices and vehicles is retained for 60 days to check current and past update history.
-
The company automatically records and preserves data confirming the use and provision of location information in accordance with Article 16, Paragraph 2 of the Act on the Protection and Use of Location Information, and stores such data for 6 months.
-
When the Company has achieved the purpose of using or providing personal location information, it will immediately destroy personal location information, excluding data confirming the use and provision of location information. However, if it is required to be retained in accordance with other laws or if the member separately consents to the retention of personal location information, it may be retained for up to 6 months from the time the member consents.
-
Location information may have errors depending on the development of related technology.
Article 7 (Service Fees)
-
The services provided by the company are basically free. However, in the case of separate paid services, you must pay the fee specified for the service in order to use it, and communication costs such as data communication fees may be incurred in the process of using the service.
-
The Company may charge paid service usage fees using the method determined by the electronic payment company contracted with the Company or by adding it to the invoice determined by the Company.
-
Cancellation and refund of amounts paid through the use of paid services are subject to relevant laws and regulations, including the company's payment terms and conditions.
-
Requests for refunds due to the theft of a member's personal information or payment fraud, or requests for the payer's personal information, may be rejected except in cases stipulated by law.
-
Data communication fees incurred when using wireless services are separate and subject to the policy of each mobile carrier to which the member subscribes.
-
Fees incurred when posting a post via MMS, etc. are subject to the policy of each mobile carrier with which the member has signed up.
Article 8 (Restrictions and suspension of service use)
-
The company may restrict or suspend a member's use of the service in any of the following cases:
- When a member interferes with the operation of the company service intentionally or through gross negligence
- In case of unavoidable circumstances due to inspection, repair or construction of service facilities.
- When the telecommunication service provider specified in the Telecommunications Business Act suspends telecommunication services
- When there is difficulty in using the service due to a national emergency, service facility failure, or excessive use of the service.
- If the company determines that it is inappropriate to continue providing the service due to other serious reasons.
-
When the company restricts or suspends the use of the service pursuant to the provisions of the preceding paragraph, it must inform the member of the reason and period of restriction.
Article 9 (Notice of change in service contents, etc.)
-
If the company changes or terminates the service content, the company may notify the change or termination of the service content through electronic means (e-mail, SMS, etc.).
-
In the case of the preceding paragraph, when notifying an unspecified number of people, members may be notified through the service website or other company notice pages. However, matters that have a significant impact on the member's transaction will be posted on the service website for a considerable period of time or individually notified to the member in electronic form (e-mail, SMS, etc.).
Article 10 (Use or provision of personal location information)
-
The company may use the member's location information to provide services, and the member is deemed to have agreed to this by agreeing to these terms and conditions.
-
The company does not use personal location information provided by members for purposes other than providing services without the member’s consent.
-
The company does not provide personal location information provided by members to third parties for purposes other than providing services without the member’s consent. However, exceptions are made in the following cases:
- When there is a request from an investigative agency in accordance with the provisions of the law or in accordance with the procedures and methods set forth in the law for the purpose of investigation.
-
When the company provides a member's personal location information to a third party designated by the member for the purpose of providing services, the company will notify the member each time of the recipient, date and time of provision, and purpose of provision by e-mail designated by the member.
-
The details and purposes for which the company provides members’ personal location information to third parties for the purpose of providing services are as follows:
- Recipients – Company and service members
- Purpose of provision - Checking the current location of matched members to use the service
-
However, in the following cases, the company may notify the member through the mobile phone terminal or email designated by the member only if the member requests it in advance:
- When the communication terminal device that collected personal location information does not have the ability to receive text, voice, or video
- When a member requests in advance to be notified through online posting, etc.
Article 11 (Rights of Personal Location Information Subject)
- A member may withdraw all or part of their consent regarding the use of personal location information for location-based services and the provision of such information to third parties at any time. In this case, the company shall destroy the collected personal location information and verification data related to the use and provision of location information.
- A member may request a temporary suspension of the collection, use, or provision of personal location information from the company, and the company cannot refuse this request and must have the necessary technical means for it.
- A member may request access or notification of the following information from the company, and if there are errors in the data, they may request correction. In this case, the company cannot refuse the member’s request without valid reasons.
- Verification data regarding the collection, use, and provision of location information related to the individual
- The reason and content of providing the individual’s personal location information to third parties based on the Protection and Use of Location Information Act or other legal provisions
- To exercise the rights specified in paragraphs 1 to 3, a member may request the company’s designated procedure.
Article 12 (Prohibition of Transfer)
The right to receive services as a member cannot be transferred, donated, or disposed of for collateral purposes.
Article 13 (Rights and Methods of Legal Representatives)
- In the case of members under 14 years of age, the company must obtain the consent of both the member and their legal representative for the provision of location-based services using personal location information and the provision of such information to third parties. In this case, the legal representative has all the rights of the member under Article 11.
- The company confirms whether the legal representative has consented through one of the following methods:
- Notifying the legal representative of the consent status through a mobile phone text message after the location information service provider has confirmed the consent status displayed by the legal representative on an internet site where the consent content is posted.
- Providing the legal representative’s credit card or debit card information to confirm the consent status displayed by the legal representative on an internet site where the consent content is posted.
- Confirming the consent status by having the legal representative indicate it on an internet site where the consent content is posted through mobile phone authentication.
- Issuing a written document containing the consent content to the legal representative directly or delivering it via mail or fax, and having the legal representative sign and submit it.
- Sending an email containing the consent content and receiving an email with the legal representative’s expression of consent.
- Informing the legal representative of the consent content over the phone and obtaining consent through a subsequent phone call to explain how to verify the consent content, or any other method equivalent to those specified in items 1 to 6.
Article 14 (Rights and Obligations of Guardians for Children Under 8 Years of Age, etc.)
- In the following cases, the duty of protection of the following individuals (referred to as “children under 8 years of age” or similar) is considered to be their consent for the use or provision of personal location information for the protection of the life or physical well-being of children under 8 years of age or similar:
- Children under 8 years of age
- Minors under guardianship
- Individuals with mental disabilities as defined in Article 2, Paragraph 2, Item 2 of the Act on the Welfare of Disabled Persons, who qualify as severely disabled individuals under Article 2, Paragraph 2, Item 2 of the Act on the Promotion of Employment and Vocational Rehabilitation for Disabled Persons (limited to those registered as disabled individuals under Article 32 of the Act on the Welfare of Disabled Persons)
- The duty of protection of children under 8 years of age or similar, as specified in paragraph 1, refers to individuals who practically protect children under 8 years of age or similar and includes the following:
- Legal representatives of children under 8 years of age or guardians according to the Act on the Duties of Guardians of Minors in Protective Facilities
- Legal representatives of minors under guardianship
- Legal representatives of individuals specified in paragraph 1, item 3, or the heads of facilities for disabled persons (limited to facilities established and operated by the state or local governments) under Article 58, Paragraph 1, Item 1 of the Act on the Welfare of Disabled Persons, or the heads of mental care facilities under Article 22 of the Act on the Promotion of Mental Health and Welfare Services for Mentally Ill Patients, or the heads of mental rehabilitation facilities (limited to facilities established and operated by the state or local governments) under the same Act, Article 26
- The legal representatives of children under 8 years of age or similar who wish to provide consent under paragraph 1 must attach a written document proving their status as the duty of protection to the signed consent form, which includes the following information:
- Name, address, and date of birth of the child under 8 years of age or similar
- Name, address, and contact information of the duty of protection
- Confirmation that the purpose of using or providing personal location information is limited to the protection of the life or physical well-being of children under 8 years of age or similar
- Date of consent
Article 15 (Compensation for Damages)
- If the company violates the provisions of Articles 15 to 26 of the Location Information Act and causes damage to a member, the member may claim compensation for damages from the company. In this case, the company cannot escape liability unless it proves that there was no intention or negligence.
- If a member violates the provisions of these terms and causes damage to the company, the company may claim compensation for damages from the member. In this case, the member cannot escape liability unless they prove that there was no intention or negligence.
Article 16 (Disclaimer)
-
The company shall not be liable for any damages incurred by a member in the following cases where the service cannot be provided:
- In the event of force majeure or equivalent unavoidable circumstances
- When there is intentional interference with the service by a third party with whom the company has entered into a service partnership agreement for service provision
- When there is a service disruption due to the member’s fault
- In other cases where there is no intentional or negligent fault on the part of the company, except for the cases specified in items 1 to 3.
- The company does not guarantee the reliability, accuracy, or other aspects of the information, data, or facts posted in the service. The company shall not be liable for any damages incurred by a member as a result.
Article 17 (Dispute Resolution and Other Matters)
- In the event of a dispute between the company and a member regarding service usage, the company will sincerely engage in discussions with the member to resolve the dispute.
- If the dispute remains unresolved after discussions as mentioned in the preceding paragraph, both the company and the member may apply for mediation to the Korea Communications Commission under Article 28 of the Location Information Act or to the Personal Information Dispute Mediation Committee under Article 43 of the Personal Information Protection Act.
- If the dispute is still not resolved through the above steps, both the company and the member may file a lawsuit with the competent court under the Civil Procedure Act.
Article 18 (Company Address and Contact Information)
- The company’s name, address, and contact information are as follows:
- Name: EnGIS Technology
- Representative: Yongsun Park
- Address: 501 Seoul Forest ForHu, 58 Wangsimni-ro, Seongdong-gu, Seoul, South Korea
- Phone: +82-2-1522-9060
- The company appropriately manages and protects personal location information. To handle complaints from individuals regarding location information, the company designates a person with practical responsibility as the location information management officer. The name and contact information of the location information management officer are as follows:
- Location Information Management Officer: Pyungsun Park
- Phone: +82-02-1522-9060
Supplementary Provision
• Article 1 (Effective Date): This agreement shall be effective from March 1, 20241.
