Location Terms
- Date of enactment: 2020.02.26.
- 1st amendment: 2022.11.08
- 2nd amendment: 2023.04.26
- 3rd amendment: 2023.08.30
- 4th amendment: 2024.07.26
Article 1 [Purposes]
- The purpose of these Terms and Conditions is to stipulate the rights, duties, and responsibilities of the Company and the Members (referring to those who have consented to these Terms and Conditions; hereinafter referred to as "Members” or “Users") in connection with their use of the location data and location-based services (hereinafter referred to as "the Services") provided by GINT Co., Ltd. (hereinafter referred to as "the Company").
Article 2 [Effects of and Amendments to the Terms and Conditions]
- ① These Terms and Conditions shall enter into force when a customer subscribing to the Services or a personal location information subject consents to these Terms and Conditions and registers as a User of the Services following the procedures set forth by the Company.
- ② The Company may amend these Terms and Conditions as and when deemed necessary. In the event that the Company amends any of the Terms and Conditions, it shall announce the amended provisions, their enforcement date, and the reasons for their amendment, together with the currently existing provisions for a considerable period even after the enforcement date from at least seven days before the enforcement date. However, if the amendment is unfavorable to the Members, the Company shall post the amendment details on its Service website or notify the Members electronically (e.g., by e-mail or SMS) for a considerable period after the enforcement date from at least 30 days before the enforcement date.
- ③ The Members shall be deemed to have approved the amendment if they do not refuse it by no later than seven days after its enforcement date from the date of its announcement or notification, when the Company has announced it or notified the Members thereof as provided in the foregoing paragraph. If a Member does not consent to the amendment, the Member may terminate the service agreement.
Article 3 [Other Applicable Laws and Regulations]
- Matters not stipulated in these Terms and Conditions shall be governed by the Act on the Protection and Use of Location Information (hereinafter referred to as "the Location Information Act"), the Telecommunications Service Act, the Act on the Promotion of Telecommunications Network Utilization and Information Protection (hereinafter referred to as the "Telecommunications Network Act"), the Personal Information Protection Act, other related laws and regulations, or the operating policies and rules of the Service prescribed by the Company (hereinafter referred to as "Detailed Guidelines"). Matters concerning the personal information processing guidelines, protective measures, etc. are disclosed based on the Company's personal information processing policy.
Article 4 [Service Subscription]
- ① When a false application is submitted, such as an application that does not contain the applicant’s real name or uses another person's name;
- ② When a submitted application omits or incorrectly states any of the Member’s registration items; or
- ③ When an application fails to satisfy other requirements for membership set forth by the Company.
Article 5 [Service Termination]
If a Member desires to terminate his or her use of the Service, he or she may apply to terminate the Service by following the procedures set by the Company (announced via its website, etc.), and the Company shall process such application promptly in accordance with the relevant laws and regulations.
Article 6 [Contents of the Service]
The Company provides the services listed below through its location information and location-based services:
- ① Daedong Connect Service: A service that enables easy management and remote control/management of the location, information concerning the current status, failure, and consumable supplies of vehicles, such as tractors, via a smart phone or website.
- ② PLUVA Auto Service: An autonomous driving service whose kit can be easily attached to a range of agricultural machines, such as tractors, in order to capture their real-time location data utilizing high-precision location information technology (RTK-GPS).
Article 7 [Service fees]
- The fees for the services provided by the Company shall be determined for the first three years from the time of purchase of a Daedong tractor. The fees shall be further determined thereafter based on service fee consultations with Daedong. Other details regarding services to be paid thereafter shall follow the Service Terms and Conditions set forth by the Company.
Article 8 [Restriction or suspension of service use]
- The Company may restrict or suspend a Member's use of the Service in the following cases:
- ① When a Member obstructs the Company's operation of the Services with malicious intent or by gross negligence;
- ② When it becomes unavoidable due to the necessity of inspecting or maintaining equipment, etc., or carrying out construction work related to the Services;
- ③ When use of the service is impeded by a national emergency, service equipment failure, or a surge in use of the service;
- ④ When the Company determines that it would be inappropriate to continue providing the Service due to other significant causes; or
- ⑤ In the event that the Company restricts or suspends the use of the Services pursuant to the foregoing paragraphs, it shall inform the Members of the causes or reasons for such restriction or suspension, and the period of such restriction or suspension.
Article 9 [Notification of changes in service contents, etc.]
- ① In the event that the Company changes or terminates the service contents, it shall notify the Users of such changes in the service contents or termination of the service by electronic means (e.g., e-mail, SMS).
- ② Notifications directed to an unspecified number of Members, as provided under the preceding paragraph, may be made through the Company's service website or other public notice pages. However, the Company shall post items that may have a significant impact on the Members' transactions on the service website for a considerable period, or notify each Member individually by electronic means (e.g., e-mail, SMS).
Article 10 [Methods of collecting location information]
- ① The Company collects the individual Members' location information in order to provide its location information and location-based services. The Members shall be deemed to have consented to such services by consenting to these Terms and Conditions. Members may withdraw their consent to the collection of their personal location information by using such methods as cancelling their subscription to the service.
- ② The Company shall provide the Services prescribed under Article 6 to the Members by collecting their personal location information in the following manner:
1. The location information is collected using GPS terminals installed on vehicles, etc.
2. In the event of a change in the method of collecting location information as provided under the foregoing Paragraph 2, the Company shall notify the Members in advance via its website or by separate means of notification. However, when advance notification is impossible due to uncontrollable causes, the notification shall be made retroactively.
Article 11 [Use or provision of personal location information]
- ① To provide services using personal location information, the Company shall obtain the consent of the personal location information subjects by specifying it in the Terms and Conditions in advance.
- ② In the event that the Company seeks to provide Members’ personal location information to any third party, the Company shall inform the personal location information subjects of the third-party recipient and the purpose of provision in advance, and shall obtain their prior consent to such provision. However, the following cases shall be treated as exceptions:
1. When a Member’s personal information is provided pursuant to a statute, or is requested by a law-enforcement agency for the purposes of a criminal investigation based on the procedures or methods provided under the relevant statutes
Article 12 [Purpose of use and period of retention of personal location information]
- ① The Company retains and uses the minimum necessary personal location information required to provide its location information and location-based services. The purpose of its collection and use of the Members’ personal location information is to provide them with the services specified under Article 6.
- ② When the Company has used a Member's personal location information, it shall destroy the information verifying the use and provision of location information and the relevant personal location information, which must be recorded and archived according to the Location Information Act, without delay upon the Member's withdrawal from the service or service termination. However, when the retention of information is required under the relevant laws or regulations, the information shall be retained for the specified period.
ㆍPeriod of use and retention of personal location information: Until the Member (or personal location information subject) withdraws their consent or withdraws from the membership.
ㆍPurposes of using and retaining personal location information: To provide various services including related to the compensation of damages or verification of accurate autonomous driving of vehicles
Article 13 [Retention of data to verify the collection, use, and provision of location information]
- ① Based on Article 16, Paragraph 2 of the Location Information Act, the Company automatically records data that verifies its collection, use, and provision of location information on its location information system in order to handle such matters as fee settlement and civil complaints with other businesses or users. It retains the data for a minimum of six months.
- ② When a personal location information subject withdraws all or a part of his or her consent to the Company's collection, use, and provision of his or her personal information according to Article 24, Paragraph 4 of the Location Information Act, the Company shall immediately destroy the collected personal location information and the data verifying the collection, use, and provision thereof (limited to the personal location information and data verifying the use and provision of location information pertaining to the part withdrawn when the Member withdraws only a part of their consent). However, the data shall be retained by the methods prescribed by the relevant statute when its further retention is required under the pertinent statute.
Article 14 [Rights of subjects of individual location data]
- ① The Members may, at any time, withdraw all or a part of their consent to the Company's provision of location-based services and its provision of personal location information to third parties using their personal location information.
- ② The Members, may at any time, demand temporary suspension of the Company’s collection, use, or provision of their personal location information; and the Company shall not refuse such demand, and shall be equipped with the technical means required to comply with such demand.
- ③ The Members may demand their perusal or notification by the Company of the information listed under the items listed below, and may also demand correction of any errors found in such information; and the Company shall not refuse such demand without justifiable cause.
1. Data confirming the Company's collection, use, and provision of location information related to the Member; and
2. The reason for and details of the Company's provision of the Member’s personal location information to any third party under the Act on the Protection and Use of Location Information or other statutes
- ④ The Members may make such demand as provided under the foregoing Paragraphs 1 through 3 following the procedures set forth by the Company.
Article 15 [Rights of legal guardians or representatives]
- ① For Members or Users under the age of 14, the Company shall obtain consent to its collection of their personal location information, its provision of location-based services using their personal location information, and its provision of their personal location information to third parties, from both minors and their legal guardians or representatives. In this case, the legal guardian or representative shall possess all the rights of the Members as provided under Article 14.
- ② The Company shall obtain consent from both children under the age of 14 and their legal guardian or representative to use their personal location information or the data verifying the Company's use/provision of their location information to any third party beyond the scope specified in their terms of use or notified in advance. However, the following cases shall be excluded:
1. Cases where data verifying the use and provision of location information is required for fee settlement related to the provision of the location information and location-based services; and
2. Cases in which information is provided in a format that disables identification of specific individuals exclusively for such purposes as the preparation of statistics, academic research, or market research
Article 16 [Rights of guardians of children aged 8 or under]
- ① The Company deems that a minor data subject (hereinafter referred to as "children aged 8 or under and other qualified persons") has consented when the guardian of an individual falling under any of the categories listed below consents to the Company's collection, use, or provision of personal location information for the purpose of protecting the life or bodily safety of a child aged 8 or under and other qualified persons:
1. Children aged 8 or under;
2. A person under adult guardianship;
3. Persons with mental disabilities as defined under Article 2, Paragraph 2, Subparagraph 2 of the Act on the Welfare of Persons with Disabilities, falling under those with severe disabilities under Article 2, Subparagraph 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (limited to those registered as persons with disabilities under Article 32 of the Act on Welfare of Persons with Disabilities).
- ② The guardian of a child aged 8 or under and other qualified persons as referred to in the foregoing paragraph refers to those falling under any of the following categories among those who actually protect the child and other qualified persons:
1. The legal agent of a child aged 8 or under, or a guardian of minors under Article 3 of the Act on Guardianship for Minors in Protective Facilities;
2. Legal guardian of persons under adult guardianship; or
3. The legal guardian or representative of persons falling under Subparagraph 3, Paragraph 1 of this Article; the head of a living facility for persons with disabilities under Article 58, Paragraph 1, Subparagraph 1 of the Act on Welfare of Persons with Disabilities (limited to facilities established and operated by the state or local autonomous governments); the head of a social rehabilitation facility for persons with mental disorders under Article 3, Subparagraph 4 of the Mental Health Act (limited to facilities established and operated by the state or local autonomous governments); or the head of a mental health sanatorium under Subparagraph 5 of the same Article of the same Act.
- ③ To consent to the collection, use, or provision of personal location information to protect the life or bodily safety of a child aged 8 or under or other qualified persons, the guardian shall attach documents proving their guardianship or agency to the consent form submitted to the Company.
- ④ The guardian may exercise all the rights of the personal location information subject when the guardian consents to the Company's collection, use, or provision of the personal location information of a child aged 8 or under or other qualified persons.
Article 17 [Company's Address and Contact Information]
- The Company's name, address, and contact information are as follows:
ㆍCompany Name: GINT Co., Ltd.
ㆍRepresentative: Kim Yong-hyun
ㆍAddress: 4th Floor, Building 1, 2nd Complex, Pangyo Seven Venture Valley, 17 Pangyo-ro 228-gil, Bundang-gu, Seongnam-si, Gyeonggi-do
ㆍRepresentative Phone Number: 031-212-4994
Article 18 [Appointment of Location Information Manager]
- The Company shall appoints as its Location Information Manager an employee who is in a position that enables him or her to assume substantial responsibility for the proper management and protection of personal location information, and to smoothly handle complaints filed by personal location information subjects. The name and contact information of the Location Information Manager are as follows:
ㆍLocation Information Manager: Kim Yong-hyun, CEO
ㆍContact phone: 031- 212- 4994
ㆍEmail: support@gintlab.com
Article 19 [Assignment prohibited]
- Members shall not assign, donate, or provide their right to enjoy the service to any third party as a form of collateral or security.
Article 20 [Compensation of damages]
- ① Members may claim damages against the Company in the event that they incur damages resulting from an act committed by the Company in violation of Articles 15 through 26 of the Location Information Act. In such a case, the Company shall not evade liability, unless it proves it has not committed such act due to its willful intent or negligence.
- ② The Company may claim damages against Members if it incurs damages attributable their violation of these Terms and Conditions. In such a case, the Members shall not evade liability unless they are able to prove they have not committed such violation due to their willful intent intentional or negligence.
Article 21 [Exemption from liabilities]
- ① The Company shall not be held liable for any damages incurred by the Members due to its inability to provide the services as a result of any of the following causes:
1. When the company experiences a force majeure or a similar situation beyond its control;
2. In cases of intentional service disruption by a third party with whom the Company has concluded a service alliance agreement for the Company's provision of its service;
3. In cases of service failures due to a cause attributable to a Member; or
4. In cases arising due to causes other than those falling under Subparagraphs 1 through 3 for which the Company has not committed any violation etc. due to its willful intent or negligence.
- ② The Company does not guarantee the reliability, accuracy, etc. of the service and the information, data, and facts posted on the service pages. It shall not be held liable for any damages incurred by the Members due to such causes.
Article 22 [Governing law and court 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 the Members and their legal agents and the methods of their exercise shall be determined based on the User's address at the time of filing a lawsuit. If the address is unknown, the law court having jurisdiction over the User's place of abode shall have exclusive jurisdiction. However, if the User’s address or abode is unknown or the User is an overseas resident, the lawsuit shall be filed with a law court having jurisdiction under the Civil Procedure Act.
Article 23 [Dispute settlement and other matters]
- ① If a dispute arises between the Company and a Member regarding the use of the service, the Company shall consult with the Member concerned in good faith in order to resolve the dispute.
- ② If a dispute between the Company and a Member cannot be resolved through consultation as provided under the foregoing paragraph, the Company and the Member may request arbitration to the Korea Communications Commission under Article 28 of the Location Information Act, or apply for arbitration or mediation to the Korea Communications Commission or the Personal Information Dispute Mediation Committee under Article 43 of the Personal Information Protection Act.
- ③ If a dispute between the Company and a Member still cannot be resolved through the means provided under the foregoing paragraph, both the Company and the Member may file a lawsuit with the competent law court under the Civil Procedure Act.