The purpose of these Terms and Conditions is to define the rights, obligations, and responsibilities of the Company and the Member in the use of the location-based service (hereinafter referred to as the "Service") provided by Xcrew Co., Ltd. (hereinafter referred to as the "Company") by the Member (referring to a person who has agreed to the location-based service terms and conditions; hereinafter referred to as the "Member").
1. These Terms and Conditions become effective when a customer or individual location information subject who has applied for the service agrees to these Terms and Conditions and registers as a user of the service in accordance with the prescribed procedures set by the Company.
2. If a member clicks the "Agree" button on the Terms and Conditions on a mobile device, PC, etc., it is deemed that the member has read all the contents of these Terms and Conditions, fully understood them, and agreed to their application.
3. The Company may amend these Terms and Conditions to the extent that such amendment does not violate relevant laws and regulations, such as the Act on the Protection and Use of Location Information, the Content Industry Promotion Act, the Act on the Consumer Protection in Electronic Commerce, etc., the Consumer Basic Act, and the Act on the Regulation of Terms and Conditions.
4. When the Company amends the Terms and Conditions, it shall specify the existing Terms and Conditions, the amended Terms and Conditions, the effective date of the amended Terms and Conditions, and the reasons for the amendment, and provide only a notice together with the current Terms and Conditions from 7 days before the effective date until a considerable period after the effective date. If the content of the amendment is unfavorable to the Member, the Company shall notify the Member of the fact of the amendment by posting it on the service website or sending it to the Member in electronic form (email, SMS, etc.) from 30 days before the effective date until a considerable period after the effective date.
5. If the Company notifies the Member in accordance with the preceding paragraph and the Member does not express an intention to refuse within 7 days after the date of the announcement or notice, the Member shall be deemed to have approved the Terms of Service. If the Member does not agree to the revised Terms of Service, the Member may terminate the Service Agreement.
These Terms and Conditions shall be applied fairly in accordance with the principle of good faith, and matters not specified in these Terms and Conditions shall be governed by relevant laws or commercial practices.
The services provided by the company are as follows.
1. Service Name: xCREW Service
2. Service Details: Real-time location verification of location data collection targets, provision of information on businesses near the user's location
1. The services provided by the Company are basically free of charge. However, in the case of separate paid services, you must pay the fees specified for the service to use it.
2. The Company may charge for paid services by the method determined by the electronic payment provider contracted with the Company, or by adding them to an invoice determined by the Company.
3. Cancellation and refund of payments made through the use of paid services shall be governed by the Company's payment terms and conditions and other relevant laws.
4. Requests for refunds due to theft of a member's personal information or payment fraud, or requests for the payer's personal information, may be refused except as provided by law.
5. Data communication charges incurred when using wireless services are separate and subject to the policies of each subscribed mobile carrier.
6. Charges incurred when registering posts via MMS, etc., are subject to the mobile carrier's policy.
1. If the Company changes or terminates the Service, the Company may notify the Member of the changes or termination of the Service via email to the Member's registered email address.
2. In the case of Paragraph 1, when providing notice to an unspecified number of people, notice may be given to members through the website or other announcements of the company.
1. The Company may restrict or suspend a member's use of the Service if any of the following reasons corresponding to A occur.
A. If a member interferes with the operation of the Company's services through intent or gross negligence
B. In unavoidable cases due to inspection, maintenance, or construction of service facilities
C. In the event that a key telecommunications business operator, as defined in the Telecommunications Business Act, suspends telecommunications services
D. When there is an impediment to the use of the service due to a national emergency, failure of service facilities, or excessive use of the service.
E. If the Company deems it inappropriate to continue providing the service due to other significant reasons
2. If the Company restricts or suspends the use of the Service in accordance with the provisions of the preceding paragraph, it shall notify the Member of the reason and the period of restriction, etc.
1. If the company intends to provide services using personal location information, it must obtain the consent of the personal location information subject after specifying it in the terms of service in advance.
2. The rights of members and their legal representatives and the method of exercising those rights shall be determined by the user's address at the time of filing the lawsuit; if there is no address, the lawsuit shall be under the exclusive jurisdiction of the district court having jurisdiction over the user's residence. However, if the user's address or residence is unclear at the time of filing the lawsuit, or if the user is a resident of a foreign country, the lawsuit shall be filed with the competent court under the Civil Procedure Act.
3. The Company automatically records and preserves data on the use and provision of location information and factual verification for fee settlement and complaint handling with other business operators or customers, and retains such data for 6 months.
4. In cases where the Company provides personal location information to a third party designated by the Member, it shall immediately notify the Member of the recipient, the date and time of provision, and the purpose of provision via the communication terminal device from which the personal location information was collected each time. However, in cases falling under A of each of the following subparagraphs, notification shall be sent via the communication terminal device or email address specifically designated by the Member in advance.
A. Where the communication terminal device that collected the personal location information does not have the function of receiving text, voice, or video
B. Where the member has requested in advance to be notified via methods such as online posting
1. Members may withdraw all or part of their consent to the Company at any time regarding the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the Company will destroy the collected personal location information and records confirming the use and provision of location information.
2. Members may request the Company to temporarily suspend the collection, use, or provision of personal location information at any time, and the Company may not refuse such request and is equipped with technical means to do so.
3. The Member may request the Company to allow access to or provide notice regarding the materials listed in each of the following subparagraphs, and may request correction if there are errors in such materials. In this case, the Company may not refuse the Member's request without justifiable grounds.
A. Confirmation of the collection, use, and provision of location information regarding the individual
B. Reasons and details for providing your personal location information to a third party pursuant to the Act on the Protection and Use of Location Information, etc. or other legal provisions
D. Members may request the exercise of the rights under Paragraphs A through C through the Company's prescribed procedures.
1. For members under the age of 14, the Company must obtain consent from the member concerned and their legal representative regarding the provision of location-based services using personal location information and the provision of personal location information to third parties. In this case, the legal representative shall have all the rights of the member pursuant to Article 9.
2. If the Company intends to use the personal location information of a child under the age of 14, or the data confirming the use or provision of location information, beyond the scope specified or notified in the Terms of Service, or to provide it to a third party, it must obtain the consent of the child under the age of 14 and their legal representative. However, the following cases are excluded.
A. Cases where verification data regarding the use and provision of location information is required for fee settlement related to the provision of location information and location-based services
B. Cases where data is processed and provided in a form that prevents the identification of specific individuals for the purpose of statistical compilation, academic research, or market research.
1. The Company shall deem that the consent of the guardian of a person falling under the following cases (hereinafter referred to as "children aged 8 or younger," etc.) has been obtained for the use or provision of personal location information for the protection of the life or physical safety of the children aged 8 or younger, etc.
A. Children aged 8 or younger
B. Person incapacitated
C. Persons with a mental disability pursuant to Article 2, Paragraph 2, Subparagraph 2 of the Welfare of Persons with Disabilities Act who qualify as persons with severe disabilities pursuant to Article 2, Subparagraph 2 of the Act on Promotion of Employment and Vocational Rehabilitation of Persons with Disabilities (limited to those who have registered as persons with disabilities pursuant to Article 29 of the Welfare of Persons with Disabilities Act)
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 a child aged 8 or younger must submit a written consent form to the company, attaching a document proving that they are a guardian.
3. If the guardian consents to the use or provision of personal location information of children aged 8 or younger, etc., they may exercise all of the rights of the personal location information subject.
1. The Company designates and operates a person in a position to assume substantial responsibility as the Location Information Management Officer in order to properly manage and protect location information and to smoothly handle complaints from individuals whose personal location information is being processed.
2. The Location Information Management Officer is the head of the department providing location-based services, and specific details are subject to the Addenda to these Terms and Conditions.
1. If a member suffers damages due to an act by the Company in violation of Articles 15 through 26 of the Act on the Protection and Use of Location Information, etc., the member may claim compensation for damages against the Company. In this case, the Company cannot be exempted from liability unless it proves that there was no intent or negligence.
2. If the Company suffers damages due to a Member's violation of the provisions of these Terms and Conditions, the Company may claim compensation for damages from the Member. In this case, the Member shall not be exempted from liability unless they prove that there was no intent or negligence on their part.
1. The Company shall not be liable for any damages incurred by the Member resulting from its inability to provide the Service in any of the following cases:
A. In the event of a natural disaster or a force majeure situation equivalent thereto
B. In the event of intentional interference with the service by a third party that has entered into a service partnership agreement with the Company for the provision of the service
C. In the event of a disruption in the use of the service due to reasons attributable to the member
D. Cases arising from causes other than those specified in Subparagraphs 1 through 3 where there is no intent or negligence on the part of the Company
2. The Company does not guarantee the reliability, accuracy, etc. of the Service and any information, data, or facts posted on the Service, and shall not be liable for any damages incurred by the Member resulting therefrom.
1. These Terms and Conditions are governed by and enforced in accordance with the laws of the Republic of Korea.
2. Matters not stipulated in these Terms and Conditions shall be governed by relevant laws and commercial practices.
1. If the Company fails to reach an agreement between the parties regarding a dispute related to location information or is unable to reach an agreement, the Company may apply for arbitration to the Korea Communications Commission pursuant to Article 28 of the Act on the Protection and Use of Location Information, etc.
2. If the Company or the Customer fails to reach an agreement between the parties regarding a dispute related to location information or is unable to reach an agreement, they may apply for mediation to the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.
The company's name and address, etc. are as follows.
Company Name: Xcrew Co., Ltd.
Representative: Kwak Sang-jun
Address: 10th Floor, 85 Cheonggyecheon-ro, Jongno-gu, Seoul
Main number: 1566-3229
These terms and conditions are effective from September 30, 2019.
As of September 30, 2019, it is designated as follows.
Affiliation: Development Team
Name: Jo Jang-won
Contact: 1566-3299