Article 1 (Purpose)
The purpose of these Terms and Conditions is to stipulate the rights, obligations, responsibilities, and other necessary matters between April7 Inc. (hereinafter referred to as "Company") and the individuals using the location-based services provided by the Company (hereinafter referred to as "Users").
Article 2 (Effectiveness and Amendment of Terms)
1.
These Terms and Conditions take effect when the customer or personal location information subject who applies for the location-based service agrees to these Terms and Conditions and registers as a user of the location-based service following the procedures set by the Company.
2.
The Company shall post the contents of these Terms and Conditions on the initial screen of the service or notify users through other means to make it easy for users to understand.
3.
The Company may amend these Terms and Conditions if deemed necessary, and when amending the Terms, the Company shall specify and notify the existing Terms, amended Terms, the application date of the amended Terms, and the reasons for the amendments at least 7 days before the application date. However, if the amendment is disadvantageous to users, the Company shall notify 30 days before the application date.
4.
If the Company notifies users as per the preceding clause and the users do not explicitly express refusal by 7 days after the effective date of the amended Terms, it shall be deemed that the users have agreed to the amended Terms. If users do not agree to the amended Terms, they may terminate the usage contract.
Article 3 (Guidelines Outside the Terms)
Matters not stipulated in these Terms and Conditions shall be governed by the Act on the Protection and Use of Location Information, the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection, the Personal Information Protection Act, and other relevant laws and regulations or the service operation policies and rules set by the Company.
Article 4 (Subscription to the Service)
The Company may not accept the user’s application for subscription in the following cases:
1.
If the application is made falsely using another person’s name
2.
If the user registration information is omitted or incorrectly entered
3.
If the application does not meet other requirements set by the Company
Article 5 (Termination of Service)
If a user wishes to terminate the use of the location-based service, they may apply for termination through the procedures set by the Company, and the Company shall promptly process the termination as prescribed by law.
Article 6 (Content of Service)
1.
The location-based service is available 24 hours a day, year-round, in principle. However, the service may be temporarily suspended due to the Company’s business or technical reasons, and the Company will notify users in advance or afterward.
2.
The Company provides location-based services by receiving location information from location information providers. The user’s location information is retrieved when the service is executed and when using location-related menus, reflecting the final location.
3.
The primary methods of collecting personal location information include real-time location information collection based on cell ID using mobile terminals, GPS information collection through dedicated terminals with built-in GPS chips, and Wi-Fi information collection through dedicated terminals with built-in Wi-Fi chips.
4.
The Company provides location-based services using the user’s current location or the area including the current location.
5.
The location-based services provided by the Company are as follows:
•
DaTalk: Prioritizes and exposes chat partners around the user's location
Article 7 (Service Fees)
The location-based service provided by the Company is free. However, data communication fees incurred when using wireless services are charged separately and are subject to the policies of each mobile carrier the user subscribes to.
Article 8 (Restrictions and Suspension of Service Use)
1.
The Company may restrict or suspend the use of the location-based service in the following cases:
a.
If the user intentionally or grossly interferes with the operation of the Company’s services
b.
If it is unavoidable due to service facility inspection, maintenance, or construction
c.
If the telecommunications services are suspended by the telecommunications business operator specified in the Telecommunications Business Act
d.
If service use is hindered due to a national emergency, service facility failure, or service usage surge
e.
If the Company deems it inappropriate to continue providing services due to other significant reasons
2.
When restricting or suspending service use as per the preceding clause, the Company shall notify users of the reasons and the restriction period.
Article 9 (Notification of Service Content Changes)
1.
If the Company changes or terminates the service content, the Company may notify users of the changes or termination through the registered email addresses.
2.
For notification to an unspecified number of users, the Company may notify through the service homepage or other notice pages. However, for matters that significantly affect the user’s transactions, the Company shall individually notify the user for a considerable period via the service homepage or electronic means (email, SMS, etc.).
Article 10 (Use or Provision of Personal Location Information)
1.
If the Company intends to provide services using personal location information, it shall specify it in advance in the Terms and obtain consent from the personal location information subject.
2.
The rights and methods of exercising the rights of users and legal representatives are based on the user’s address at the time of the lawsuit, and if there is no address, the exclusive jurisdiction of the district court that governs the residence shall apply. If the user’s address or residence is unclear at the time of the lawsuit or if the user resides abroad, the jurisdiction shall be determined according to the Civil Procedure Act.
3.
The Company automatically records and retains location information use and provision confirmation data for handling complaints from other business operators or users, and the data is retained for six months.
4.
The Company does not provide personal location information to third parties without the consent of the personal location information subject. If providing to third parties, the Company shall notify the recipient and purpose in advance and obtain consent. However, the following cases are exceptions:
a.
When required by law or for investigative purposes, following the procedures and methods prescribed by law
5.
When providing personal location information to a third party designated by the user, the Company shall immediately notify the recipient, date, and purpose of provision to the communication terminal device where the personal location information was collected. If the communication terminal device cannot receive text, voice, or video, or if the user requests notification through online posting, the notification shall be made to the designated communication terminal device or email address.
Article 11 (Purpose and Retention Period of Personal Location Information)
1.
The Company retains and uses the minimum necessary personal location information to provide location information and location-based services, and the purpose of retention follows Article 6.
2.
If the Company uses personal location information of a member, the location information use and provision confirmation data and the personal location information shall be destroyed immediately upon member withdrawal and service termination, following the location information law. However, if required by related laws, the data shall be retained for the period specified by the laws.
Article 12 (Retention of Location Information Collection, Use, and Provision Data)
1.
According to Article 16, Paragraph 2 of the Location Information Act, the Company automatically records and retains location information collection, use, and provision confirmation data in the location information system for handling complaints, and the data is retained for at least six months.
2.
If the personal location information subject withdraws all or part of the consent for collection, use, and provision according to Article 24, Paragraph 4 of the Location Information Act, the Company shall immediately destroy the collected personal location information and location information collection, use, and provision confirmation data (only the part related to the withdrawal if partial consent is withdrawn). However, if required by related laws, the data shall be retained following the laws.
Article 13 (Rights of Personal Location Information Subjects)
1.
Users may reserve all or part of their consent to the collection, use, or provision of personal location information at any time.
2.
Users may withdraw all or part of their consent to the provision of location-based services using personal location information and the provision of personal location information to third parties at any time. In this case, the Company shall destroy the collected personal location information and location information use and provision confirmation data.
3.
Users may request a temporary suspension of the collection, use, or provision of personal location information at any time, and the Company shall not refuse and shall have technical means to achieve this.
4.
Users may request to view or be notified of the following data at any time and request correction if there are errors. The Company shall not refuse such requests without justifiable reasons.
a.
Confirmation data on the collection, use, and provision of location information related to the user
b.
The reasons and contents of the user’s personal location information provided to third parties under the Location Information Act or other laws
5.
Users may exercise their rights under Paragraphs 1 to 3 through the procedures set by the Company.
Article 14 (Rights of Guardians of Children Under 8 Years Old, etc.)
1.
If a guardian of a person falling under any of the following categories (hereinafter referred to as "children under 8 years old, etc.") consents to the collection, use, or provision of personal location information for the protection of the life or body of the child, it shall be deemed that the child has consented.
a.
Children under 8 years old
b.
Persons under adult guardianship
c.
Persons with mental disabilities as prescribed in Article 2, Paragraph 2, Subparagraph 2 of the Act on Welfare of Persons with Disabilities, and severe disabilities as defined in Article 2, Subparagraph 2 of the Act on the Promotion of Employment and Vocational Rehabilitation of Persons with Disabilities (limited to those registered as disabled under Article 32 of the Act on Welfare of Persons with Disabilities)
2.
The guardians of children under 8 years old, etc., as prescribed in the preceding clause, shall be those who actually protect the child and fall under the following categories:
a.
The legal representative of children under 8 years old or the guardian under the Juvenile Protection Act
b.
The legal representative of the person under adult guardianship
c.
The legal representative of persons falling under Subparagraph 3 of Paragraph 1 or the head of welfare facilities for persons with disabilities established and operated by the state or local governments as prescribed in Article 58, Paragraph 1, Subparagraph 1 of the Act on Welfare of Persons with Disabilities, the head of mental rehabilitation facilities established and operated by the state or local governments as prescribed in Article 3, Paragraph 4 of the Mental Health Act, and the head of mental care facilities as prescribed in Subparagraph 5 of the same Article
3.
A guardian who wishes to consent to the use or provision of personal location information for the protection of the life or body of children under 8 years old, etc., shall submit a written consent form along with a document proving their status as a guardian to the Company.
4.
When guardians consent to the use or provision of personal location information of children under 8 years old, etc., they may exercise all rights of the personal location information subject.
Article 15 (Company’s Address and Contact Information)
1.
The company name, address, and contact information of the Company are as follows:
•
Company name: April7 Inc.
•
Representative: Jinhwan Kim
•
Address: B204, B225, 374 Gangnam-daero, Gangnam-gu, Seoul, South Korea
•
Phone: +82-2-2294-0407
2.
The Company designates and operates a person responsible for the management of location information who can effectively manage and protect personal location information and handle complaints from personal location information subjects, and the name and contact information of the person responsible for location information management are as follows:
•
Name: Jinhwan Kim
•
Phone: +82-2-2294-0407
•
Email: help@april7.co.kr
Article 16 (Prohibition of Transfer)
The right to receive services by the user may not be transferred, gifted, or disposed of for purposes such as providing collateral.
Article 17 (Compensation for Damages)
1.
If a user suffers damage due to the Company’s violation of the provisions of Articles 15 and 26 of the Act on the Protection and Use of Location Information, the user may claim compensation from the Company. The Company cannot be exempt from liability unless it proves that there was no intention or negligence.
2.
If the user violates these Terms and Conditions and causes damage to the Company, the Company may claim compensation from the user. The user cannot be exempt from liability unless it proves that there was no intention or negligence.
Article 18 (Disclaimer)
1.
The Company is not responsible for damages incurred by users if services cannot be provided due to the following reasons:
a.
Natural disasters or equivalent force majeure
b.
Intentional interference with services by third parties with whom the Company has service affiliation agreements
c.
User’s fault causing service usage issues
d.
Other reasons not attributable to the Company’s intention or negligence, excluding the cases mentioned in subparagraphs 1 to 3
2.
The Company does not guarantee the reliability or accuracy of the service and the information, data, and facts posted on the service, and is not responsible for any damages incurred by users due to these.
Article 19 (Dispute Resolution and Others)
1.
If a dispute arises between the Company and the user regarding the use of the service, the Company shall sincerely consult with the user to resolve the dispute.
2.
If the dispute is not resolved through consultation, the Company and the user may apply for adjudication by the Korea Communications Commission under Article 28 of the Location Information Act or apply for adjudication or dispute mediation by the Personal Information Dispute Mediation Committee under Article 43 of the Personal Information Protection Act.
3.
If the dispute is still not resolved, both parties may file a lawsuit in a court of competent jurisdiction under the Civil Procedure Act.
Supplementary Provisions
Article 1 (Effective Date) These Terms and Conditions shall take effect from August 21, 2023.