LEGAL & COMPLIANCE
Terms of Use for Location-Based Services
Updated: August 10, 2022
Article 1 (Purpose)
This agreement refers to the subject of personal location information of users who agrees to MOCA System’s Terms of Service, hereinafter referred to as the “Member.” Airfob Space and other related software and services are provided by MOCA System, hereinafter referred to as the “Company.” The purpose of this agreement is to define the rights, obligations, and other necessary matters of the Company and Members in using all products and services, hereinafter referred to as the “Services,” related to mobile access.
Article 2 (Effect and Changes to the Terms of Use)
① These terms and conditions take effect when a customer who has applied for the service or a subject of personal location information agrees to these terms and conditions and registers as a Member of the service, following the procedure prescribed by the company.
② If a Member clicks the “Agree” button for these Terms and Conditions online, it is deemed that they have read and fully understand the contents of these Terms and Conditions, and agree to their application.
③ The company may amend these terms and conditions to the extent that they do not violate relevant laws and regulations, if necessary to reflect changes in location-based services, the Act on Protection and Use of Location Information, the Content Industry Promotion Act, the Act on Consumer Protection in Electronic Commerce, the Framework Act on Consumers, and the Regulation of Terms and Conditions Act.
④ If the company revises the terms and conditions, the date of application, the reason for the revision, current and revised terms and conditions, and the statement that failure to express agreement or rejection by the date of the application constitutes agreement to the revised terms and conditions, shall be specified. The following methods shall be used to post and notify the Members: Posting on the service homepage, etc.: 7 days prior to the effective date of the revised terms and for a reasonable period after the effective date Individual notification to Members in electronic form (e-mail, SMS, etc.): 7 days prior to the date of application of the revised terms and conditions.
⑤ Even after posting and notifying the company in accordance with the preceding paragraph, if a Member does not express their intention to agree or reject the revised terms and conditions by the date of application of the revised terms and conditions, the Member is deemed to have agreed to the revised terms and conditions.
⑥ If a Member does not agree to the revised terms and conditions, the Member or the company may terminate the use contract.
Article 3 (Application of Relevant Laws)
These Terms and Conditions shall be applied fairly according to the principle of good faith. Matters not specified in these Terms and Conditions shall be governed by relevant laws or commercial practices.
Article 4 (Contents of Service, etc.)
① The company does not collect personal location information. The Member is responsible for collecting personal location information, and the personal location information stored by the Member in the service provided by the Company is not used by or provided to third parties.
② The purpose and retention period of service and personal location information stored by the Company are as follows:
Service Name | Service Content and Information Retention Purpose |
Airfob Space 1.0 | Members` location is used as a function gain access to an access control device using a mobile phone. |
Airfob Space 2.0 | Members` location is used as a function to gain access to an access control device using a mobile phone. |
Airfob Space 1.0 | Provides location information collected by Members displaying the information on the online software for managers as a site service. |
Airfob Space 2.0 | Provides location information collected by Members displaying the information on the online software for managers as a site service. |
③ Once the purpose of using or providing personal location information is achieved, the company immediately destroys the information. However, in the case of the “Airfob Space” service, where a user stores personal location information together with access information on the administrator’s site, the access information is stored along with the personal location information for up to one year.
Article 5 (Service Fees and Conditions)
The service provided by the company is basically free. However, in the case of a separate paid service, users must pay the fee specified for the service to use it.
Article 6 (Addition/Change of Services)
If the company needs to add or change services, it shall post and notify users in accordance with Article 2, Paragraphs 4 to 5, by reflecting the contents in Article 4.
Article 7 (Restriction and Suspension of Service Use)
① The Company may restrict or suspend the use of some or all of the service in the event of any of the following reasons:
- If a user intentionally or through gross negligence interferes with the operation of the company’s service.
- If it is necessary for service facility inspection, repair, or construction.
- If the telecommunications service is suspended by a telecommunications service provider stipulated in the Telecommunications Business Act.
- In case the company deems it inappropriate to continue providing the service due to other serious reasons
② When the company achieves the purpose of using or providing personal location information, it immediately destroys the information. However, in the case of the ‘Airfob Space’ service, where a user stores personal location information along with access information on the administrator’s site, the access information is stored together with the personal location information for up to one year.
Article 8 (Use or Provision of Personal Location Information)
① The company provides a service that can store personal location information but does not use the Member’s personal location information to provide the service. Saved location information can only be used and provided by Members.
② However, if it falls under each of the following subparagraphs, it will be notified to the communication terminal device or e-mail address specified and designated by the Member in advance: If the communication terminal device that collected personal location information does not have a function to receive text, voice, or video.
Article 9 (Restriction on Use or Provision of Personal Location Information)
The company shall not use or provide personal location information or location information unless there is consent from the Member or if it falls under any of the following subparagraphs in accordance with the Terms of Use. It cannot be used beyond the stated or notified scope or provided to a third party. Settlement of charges according to the provision of location-based services if data confirming the use and provision of location information are required. The individual is processed and provided in an unrecognizable form for statistical writing, academic research, or market research.
Article 10 (Rights of Subjects of PersonalLocation Information and How to Exercise)
① Members may withdraw all or part of their consent to the company for the provision of location-based services using personal location information and the provision of personal location information to third parties at any time. If this occurs, the company shall destroy the provided personal location information, use of location information, and data confirming the provision. However, if only part of the consent is withdrawn, it shall be limited to the personal location information of the part to be withdrawn and the data confirming the use and provision of location information.
② Members may request the company to temporarily suspend the use or provision of personal location information at any time, and the company cannot refuse and must have technical means for this.
③ Members may request the company to view or notify the data in each of the following subparagraphs and may request correction if there is an error in the data. In this case, the company cannot reject the Member’s request without a valid reason. Data confirming the use and provision of location information The reason and content of the personal location information provided to a third party in accordance with the Act on Protection and Use of Location Information or other legal regulations.
④ Members may request to exercise their rights under paragraphs 1 to 3 through the customer center on the company website or the company contact information.
Article 11 (Legal Representative’s Rights)
① For Members under the age of 14, the company must obtain the consent of both the Member and the legal representative for the provision of location-based services using personal location information and the provision of personal location information to a third party. In this case, the legal representative has all the rights of the Member under Article 10.
Article 12 (Rights/Duties and Exercising Methods of Persons Responsible for Protection of Children Under the Age of 8)
① If you consent to the use or provision of personal location information for the protection of the life or body of the following children, it is deemed that you have given your consent. Children under the age of 8 Adult guardianship of a person with a mental disability as defined in Article 2, Paragraph 2, Subparagraph 2 of the Welfare of Persons with Disabilities Act and a person with severe disabilities as defined in Article 2, Paragraph 2 of the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities Act (limited to those who have been registered as disabled pursuant to Article 32)
② 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 the age of 8 must submit a written consent form with a document proving that they are a guardian.
③ The guardian has all rights of the user pursuant to Article 7 of these Terms and Conditions when consenting to the use or provision of personal location information of children under the age of 8.
Article 13 (Designation of Location Information Manager)
① The company properly manages and handles location information. We designate and operate a person in a position who can take practical responsibility as the person in charge of location information management to protect the personal location information and handle complaints of subjects of personal location information smoothly.
② The location information management manager is the head of the department providing the location-based service, and details are subject to the supplementary provisions of these terms and conditions.
Article 14 (Compensation for Damages)
If a Member suffers damages due to the company’s violation of Articles 15 to 26 of the Act on Protection and Use of Location Information, etc., the Member may claim damages against the company. In this case, the company cannot avoid responsibility if it cannot prove that there was no intention or negligence.
Article 15 (Governing Law and Jurisdiction)
① These Terms and Conditions are regulated and implemented in accordance with the laws of the Republic of Korea.
② The rights of Members and legal representatives and the method of exercising them are governed by the address of the user at the time of the complaint, and if there is no address, it is under the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing, or if the user is a foreign resident, the complaint shall be brought to the competent court under the Civil Procedure Act.
Article 16 (Adjudication of Disputes and Others)
① The Company stipulates in Article 28 of the “Act on Protection and Use of Location Information” in cases where the parties are unable to or do not reach an agreement on disputes related to location information, from the Korea Communications Commission.
② The Company or Member may apply for mediation to the Personal Information Dispute Mediation Committee in accordance with the provisions of Article 43 of the “Personal Information Protection Act” in the event that there is no consultation between the parties regarding disputes related to location information or it is impossible to reach a consultation.
Article 17 (Company’s contact information)
The Company’s name and address are as follows.
- Trade name: MOCA system
- Representative: Kim Dong Hyun
- Address: 13554 Park View Tower 17F, 248 Jeongjail-ro, Bundang-gu, Seongnam-si, Gyeonggi-do
- Representative phone number: 031-710-4917
Article 18 (Location information manager)
The Company’s location information manager is as follows.
1. Position: CEO Donghyun Kim
2. Representative phone number: 031-710-4917
Addenda
(Effective Date) These terms and conditions will be effective from August 10, 2022.