Terms and Conditions of LIVEEN Location Based Service
Article 1 (Purpose)
The purpose of these Terms and Conditions (the “Terms and Conditions”) of LIVEEN Location Based Service is to prescribe the rights, obligations and responsibilities of the foundation and its members (a person who agreed to these Terms and Conditions, the “Member”) with respect to the Member’s use of LIVEEN services (the “Service”) provided by VEEN Foundation (the “Foundation”).
Article 2 (Validity and Change of Terms and Conditions)
① These Terms and Conditions shall take effect when the Member who signed up for the Service or the data subject of location information agrees to the Terms and Conditions and registers as the user of the Service according to the procedures specified by the Foundation.
Article 3 (Application of Relevant Laws)
② If the Member agrees to the Terms and Conditions on the online web or mobile application, it shall be deemed that the Member has read and fully understood the Terms and Conditions, and agreed to its application.
③ The Foundation may amend the Terms and Conditions to the extent that it does not violate the relevant laws, including the Act on the Protection, Use, Etc. of Location Information(the “Location Information Act”), the Content Industry Promotion Act, the Act on the Consumer Protection in the Electronic Commerce Transactions, the Framework Act on Consumers, the Act on the Regulation of Standardized Terms and Conditions.
④ If the Foundation amends the Terms and Conditions, it shall disclose the current and amended terms and conditions by specifying the effective date and reasons for the amendment from 10 days prior to the effective date until a reasonable period after the effective date; provided, however, if the amendment is unfavorable to the Member, it shall be disclosed on the website of the Service for from 30 days prior to the effective date until a reasonable period after the effective date, or by means of electronic methods, etc. such as email, SMS, and consent window after log-in, etc. to clearly notify amendments of the Terms and Conditions.
⑤ Members not expressing their objection explicitly to the amendments within 7 days after being notified or informed of the amendments will be deemed to have agreed to the amendments. .
⑥ If a Member expresses his/her disagreement with the amendments, the Foundation will not apply such amended terms and conditions with respect to that Member, and such Member may terminate these Terms and Conditions. If the Member does not terminate these Terms and Conditions, the Foundation shall apply the existing terms and conditions to the Member to the extent possible, however, if there are any special circumstances that such existing terms and conditions cannot be applied, the Foundation may terminate these Terms and Conditions with respect to that Member.
These Terms and Conditions shall be applied fairly in accordance with the principle of trust and good faith, and other matters not specified in these Terms and Conditions shall comply with the relevant laws including the Location Information Act, the Act on Promotion of Information and Communications Network Utilization and Information Protection (the “Communications Network Act”) or customary commercial practices.
Article 4 (Details of Service)
Article 5 (Service Fees)
The Service provided by the Foundation is as follows:
LIVEEN Service is data platform service based on block-chain and the application that enables the use of cryptocurrency called VEEN obtained by the Member’s recording and sharing his/her location information and by using the ”check-in” function and “behavior input” function.
① The basic Service provided by the Foundation is free of charge; provided, however, certain paid services shall be available after paying the fees specified for using such service.
Article 6 (Notification of Changes in Service, etc.)
② When invoicing for the service fees, the Foundation may use the method determined by the electronic payment processing agent which executed the agreement with the Foundation or include such fees in the invoice prepared by the Foundation.
③ Cancellation and refund of the payment for the use of the paid services shall comply with the relevant laws and the payment terms and conditions of the Foundation.
④ A refund request due to fraudulent use of personal information or payment fraud by a Member may be refused by the Foundation, except as otherwise specified in the law.
⑤ Data communication fees incurred when using wireless services shall be separately charged in accordance with the policy of the relevant mobile-service company.
⑥ Fees incurred when posting any content via MMS, etc. shall be charged in accordance with the policy of the relevant mobile-service company.
① In the event that the Foundation changes or terminates contents of the Service, the Foundation may notify changes and termination of the Service by available notification method such as sending an email to the Member’s registered email address.
Article 7 (Restriction and Suspension of Service)
② In the event of giving notice to a large number of unspecified Members pursuant to the foregoing paragraph, the Foundation shall notify the Member by posting a notice on the notice board operated by the Foundation on its website or other similar methods.
Article 8 (Provision and Use of Personal Location Service)
① The Foundation may restrict or suspend the use of the Service by the Member in the event of the following circumstances:
1. In the event that the Member interrupts the operation of the Foundation’s Service by willful misconduct or gross negligence
2. In the event of unavoidable circumstances due to inspection, maintenance or construction of equipment for the Service
3. In the event that the Service cannot be maintained due to any legal issues such as the termination of the agreement executed with affiliated company
4. In the event that the Service cannot be maintained due to a force majeure event such as natural disaster, state of national emergency, changes in law, judgment, disposition, order of the court or government authority, etc.
5. In the event that key telecommunications business operator prescribed in the Telecommunications Business Act suspends telecommunication services
6. In the event that there are problems in the Service use due to state of national emergency, Service facility failure, or unexpected large number of access that exceed the capacity of the Service facilities
7. In the event that the Foundation deems that it would be impossible to continue providing the Service due to any other material reasons
② In the event that the Foundation terminates or restricts the use of the Service pursuant to the foregoing paragraph, the Foundation shall inform the Member of the reasons and the restriction period
Article 9 (Rights of Members)
① If the Foundation wishes to provide the Service by using personal location information, it shall specify such matters in the terms and conditions of service and obtain consent from the data subject in advance.
② The Foundation shall automatically record and preserve the use and provision of location information and the related information (such as how the location information was acquired, the receiving party, timing and method of sharing the location information, hereinafter referred to as “Related Information”) for the purpose of handling any complaints and settlement of service fees with the Member or other service providers, and such materials shall be kept for one year.
③ In the event the Foundation provides personal location information to a third party designated by the Member, the Foundation shall promptly notify the Member of the receiving party, the date and purpose of providing such information via telecommunication device through which the relevant personal location information was collected; provided, however, in any of the following cases, the notice will be sent to the telecommunication device or email address specified and designated by the Member in advance:
1. If the telecommunication device through which the personal location information was collected does not have functions to receive text, voice or image
2. If the Member requested notification through other means in advance via online posting or similar methods
Article 10 (Rights of the Legal Representative)
① The Member may withdraw all or part of consent given to the Foundation with respect to the provision of location based service using personal location information and the provision of personal location information to the third party at any time.
② The Member may request a temporary suspension of collection, use or provision of personal location information at any time, and the Foundation shall not refuse such request and possess technical ability to deal with such request.
③ The Member may request access or notification of the following materials, and if there are errors in such materials, it may request correction of such errors. In this case, the Foundation shall not reject the Member’s request without justifiable reasons.
1. Materials to confirm the facts regarding collection, use, and provision of the Member’s location information
2. The reasons and contents regarding the provision of the Member’s personal location information to a third party in accordance with the Location Information Act or other laws
④ The Foundation shall immediately destroy personal location information and information related to the use and provision of location information if the Member withdraws all or part of consent pursuant to Paragraph 1 (if the Member withdraws part of the consent, it shall destroy the portion of the personal location information and the Related Information that corresponds to the withdrawn consent).
⑤ The Members may exercise their rights under this Article by requesting in the method designated by the Foundation, such as visiting, calling, and using internet.
Article 11 (Rights of Person Responsible for Protective Custody of Children under Age of 8, etc.)
① Regarding the children under the age of 14, the Foundation shall obtain consent for the provision of location based service using personal location information and the provision of personal location information to the third party from the Member under the age of 14 and its legal representative. In such case, the legal representative shall have all rights of the Member given under Article 9.
② The Foundation shall obtain consent from the Member under the age of 14 and its legal representative, if the Foundation intends to use personal location information or Related Information of a child under the age of 14 to the extent of exceeding the scope specified or notified in the terms and services of service, or provide such materials to the third party, except in the following cases.
1. In the event that the location information Related Information is required for fee settlement in regards to the provision of the location based service
2. In the event that it is provided in a form that does not identify any individual for statistics or academic research or market survey
Article 12 (Appointment of Location Information Management Manager)
① In the following cases, if the person responsible for protective custody of the following persons (hereinafter referred to as “Protected Person”) agrees to the use or provision of personal location information of the Protected Person for the protection of life or physical wellbeing of the Protected Person, the Foundation shall consider that the Protection Person has agreed to use or provision of personal location information.
1. A child under the age of 8
2. An adult who is under the protection of a legal guardian
3. A person with mental disability pursuant to Article 2(2)-2 of the Act on Welfare of Persons with Disabilities and severely disabled person pursuant to Article 2(2) of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (it shall be limited to a person registered as a person with disabilities according to Article 32 of the Act on Welfare of Person with Disabilities)
② The person responsible for protective custody of the Protected Person pursuant to Paragraph 1 is the person who protects the Protected Person in practice, and who falls under each of the following paragraph.
1. The legal representation of the child under the age of 8 or legal guardian according to Article 3 of the Act on the Guardianship of Minors in Protective Facilities
2. The legal representative of guardian
3. The legal representative under Paragraph 1(3) or the head of welfare facilities for persons with disabilities (it shall be limited to the facilities established and operated by the state or local governments) according to Article 58(1)-1 of the Act on Welfare of Persons with Disabilities, the head of mental health sanatorium according to Article 22 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and the head of mental health rehabilitation facilities (it shall be limited to the facilities established and operated by the state or local governments) according to Article 26 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients
③ If the person responsible for the protective custody of the Protected Person agrees to the use or provision of personal location information for life or physical protection of the Protected Person, it shall submit to the Foundation written consent together with the written document evidencing that he/she is the person responsible for the protective custody of the Protected Person.
④ Provisions of Article 8 and 9 shall be applied pursuant to paragraph 2 when the person responsible for protective custody of the Protected Person agrees to the use or provision of personal location information. In such case, the person responsible for protective custody may exercise all rights of the personal location information subject.
① The Foundation shall designate the person as location information management manager (the “Location Information Management Manager”) who shall be responsible for managing and protecting personal location information and handling any complaints from the personal location information subjects.
Article 13 (Damages)
② The Location Information Management Manager shall be the head of the division providing location based service, and the details shall be provided in the Supplementary Provisions of these Terms and Conditions.
① The Member may claim for damages against the Foundation, if such damages are caused by the Foundation’s breach of Article 15 and 25 of the Location Information Act. In this case, the Foundation shall be liable for such damages if it is unable to provide evidence showing that there was no willful misconduct or negligence of the Foundation.
Article 14 (Resolution of Dispute, etc.)
② If the Member causes damages to the Foundation due to the Member’s breach of provisions in these Terms and Conditions, the Foundation may claim for such damages against the Member. In this case, Member shall be liable for such damages if she/he is unable to provide evidence showing that there was no willful misconduct or negligence of the Member.
① Any disputes arising between the Foundation and the Member shall be amicably resolved through consultation.
Article 15 (Indemnity)
② Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the Foundation may file a petition for adjudication with the Korea Communications Commission in accordance with Article 28 of the Location Information Act.
③ Where the parties to a dispute related to location information fail to reach an agreement or it is impossible to reach an agreement, the Foundations or the Member may file a petition for mediation with the Personal Information Dispute Mediation Committee established under Article 43 of the Personal Information Protection Act.
Article 16 (Governing Law and Jurisdiction)
① The Foundation shall bear no responsibilities for the damages suffered by the Member in the event that the Foundation cannot provide the Service due to the following reasons.
1. In the event of natural disaster or any corresponding force majeure event
2. In the event of interference in the Service by a third party who executed the service partnership agreement with the Foundation for the provision of the Service
3. In the event that the problems in the use of the Service were caused by any reasons attributable to the Member
4. In the event that the problems in the use of the Service were caused by any reasons other than the foregoing paragraphs, and which are not caused by a willful misconduct or negligence of the Foundation
② The Foundation shall not be liable for any suspension or unavailability of the Service due to unavoidable reasons related to the telecommunication services, including for example, the occurrence of unpredictable shading areas due to the characteristics of the radio waves such as diffraction of the radio waves, the necessity of improving the functions of equipment, etc.
③ The Foundation does not guarantee reliability or accuracy of any information, materials, facts provided by the Service, and the Foundation shall bear no responsibilities for damages suffered by the Member due to inaccurate information posted on the Service platform.
① Any disputes arising between the Foundation and the Member shall be governed by the laws of the Republic of Korea.
Article 17 (PDPA Compliance)
② Any legal proceedings between the Foundation and the Member shall be submitted to the exclusive jurisdiction of Seoul Central District Court.
The location information collected by the LIVEEN service shall follow the Personal Data Processing Policy in order to comply with the Personal Data Protection Act (PDPA) of Singapore.
Article 18 (Contact Information of the Foundation)
Article 1 (Effective Date)
The name and address of the Foundation are as follows:
1. Company Name: Veen Foundation Ltd.
2. Representative: Yu Yeon Pyo, Kim Jong Soo, Kim Woo Sup
3. Address: 16 Collyer Quay #17-00 Income At Raffles, Singapore 049318
4. Main Contract Number: +65 6511 9310
1. This Terms and Conditions shall be effective from August 30, 2018.
Article 2 (Appointment of Location Information Management Manager)
2. Previous Terms and Conditions shall be replaced by this Terms and Conditions.
The Location Information Management Manager shall be designated as of August 30, 2018 as follows:
1. Affiliation : Finotek Co., Ltd.
2. Name : Hyun-mo Lee
3. Contact : +82-70-7011-1970, firstname.lastname@example.org