The purpose of this Terms and Conditions of Location-Based Service is to prescribe the rights, obligations and responsibilities and any necessary matters between the Shiftee Inc. (hereinafter, the “Shiftee”) and subscribers who use the Shiftee's Location-Based Services (hereinafter, the “Subscriber”)
① This Term and Conditions shall be effective upon the Subscriber's agreement and registration thereafter as the user of this Service.
② The Shiftee may modify the Terms and Conditions to reflect any changes in laws and regulations or Location-Based Services.
③ If the Terms and Conditions change, the Shiftee shall post notice of such changes via its websites or any other notice board pages which will be effective 7 days after the notice. Your continued use of the service after any changes in the Terms of Location Based Service means that you have accepted and made irrevocable consent to the changes in the Terms of Location Based Service.
④ Provided, however, that any modification causes a significant change in users' rights, the Shiftee shall post 30 days prior notice of such change.
Any matters that are not specified in this Terms and Conditions shall be subject to the Act on the Protection, Use, Etc. of Location Information, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection and other relevant laws and regulations and the Shiftee's guiding principles.
The Shiftee provides the Location-Based Services as below in use of Subscriber's present location information or broader area information encompassing the present location that are collected by itself or provided by location information business operators.
① Provides a function to collect location information at the time of pressing buttons such as Clock in, Clock out, break start, break end, etc.
② Provides a function to send a request by attaching the location at the time using the attendance request and leave request functions.
③ Shfitee do not transmit the location of the end user to the server or provide it to a third party without the voluntary actions of the Subscriber (not limited to items 1 and 2 above).
Any Location-Based Services provided by the Shiftee shall be free of charge.
Provided, however, that any data charge incurred while using wireless service shall be additionally imposed and subject to mobile carriers' policies.
① Unless the Shiftee can maintain the Service due to various conditions or legal reasons including policy change of location-based service provider, all or part of the Service may be restricted, modified or suspended.
② Provided, however, that the Service is suspended hereunder, the Shiftee shall post the advance notice via notice board page of the Shiftee website, or directly notify the suspension to users.
① The Subscriber can reserve all or part of their consent to the collection, utilization and provision of their personal location information.
② The Subscriber can withdraw all or part of their consent to the collection, utilization and provision of personal location information at any time. In this event, the Shiftee shall destroy the personal information within the withdrawn extent, and any data confirming the collection, utilization and provision of location information.
③ The Subscriber can demand that the Shiftee should temporarily suspend the collection, utilization and/or provision of personal location information. The Shiftee shall not refuse such requests and shall prepare any technical measures for the foregoing.
④ The Subscriber may request to the Shiftee, the inspection or notification of the following information, and the correction of any errors that the data may contain. In this event, the Shiftee shall not refuse such requests without any justifiable ground.
⑤ The Subscriber may request to the Shiftee the exercise of their rights via the Contact as prescribed in the Article 14 hereof.
① If the Shiftee uses any personal location information to provide the Service, the Shiftee must notify such uses and acquire the Provider's approval.
② The Shiftee shall not provide personal location information to a third party without the Subscriber's consent. In case of such provision to a third party, the Shiftee shall notify to the Subscriber the information recipient and the purpose of provision.
③ If the Shiftee provides location information to a third party designated by the Subscriber, the Shiftee shall immediately notify each time to the Subscriber the information recipient, and date and purpose of provision via telecommunications device where such information is collected.
④ Provided, however, that any case falls under subparagraphs below, notification shall be sent via telecommunications device, email or online notice that has been prespecified by the Subscriber.
⑤ In accordance with the Act on the Protection and Use of Location Information listed in article 16 paragraph 2, the Shiftee shall automatically record and store any data that confirms the collection, utilization and provision of personal location information and this data shall be stored.
|Provided Location Information||Purpose||Item of Provided Location Information|
With regard to a Subscriber under 14 years old, the Shiftee must gain consent from both the Subscriber and their legal guardian to offer the Service and to provide personal location information to a third party. In this event, the legal guardian shall have all rights of Subscriber under the Article 7 hereof.
① If a custodian prescribed in the Article 26(2) of the Act on the Protection and Use of Location Information (the “Custodian”) agrees on the use or provision of personal location information to protect life or physical body of children aged 8 years or younger specified as below (“Children Aged 8 Years Or Younger, Etc.”), such Children will be deemed to have consented thereto.
② Any custodian who intends to consent to the use or provision of personal location information for the purpose of protecting life and physical body of children aged 8 years or younger shall submit a written consent with evidentiary documents for their custodianship.
③ Any custodian who has agreed to the use or provision of personal location information of children aged 8 years or younger shall have all rights attributed to those children under the Article 7 hereof.
If any damage is incurred to the Subscriber due to Shiftee’s violation of Article 15 and/or 26 of Act on the Protection and Use of Location Information, the Subscriber can file compensation for damages against the Shiftee. The Shiftee shall avoid no responsibility unless it proves that its actions are by no intention or negligence.
① If the Shiftee is unable to provide the Services due to any case falling under subparagraphs below, the Shiftee shall assume no liability and/or responsibility for any damages.
② The Shiftee shall provide no guarantee of credibility and accuracy of the Service, or any information, data or fact posted in the Service, and shall assume no responsibility for any Subscriber's damages caused thereby.
① The Shiftee shall consult with the Subscribers in good faith to settle any disputes related to location information.
② If the dispute is not resolved through the aforementioned consultation, the Shiftee and Subscriber can request an arbitration at the Korea Communications Commission under the Article 28 of the Act on the Protection and Use of Location Information, or request an adjustment at the Personal Information Dispute Mediation Committee under the Article 43 of the Personal Information Protection Act.
The Company name, address and contacts are as follows
Company Name : Shiftee Inc.
CEO : SHIN SEUNGWON
Address : Shiftee Inc. 21F, 302, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
Phone : +82-02-6261-5318
Article 1. (Enforcement Date)
This Terms and Conditions shall enter into force on June 25, 2020.
Article 2. (Location Information Manager)
Shiftee has appointed Location Information Manager who is in charge of supervising and protecting individual location information and settling user grievances. Location Information Manager is the head of the department that operates Location-Based Services. Name and contacts are as below.
Name: SHIN SEUNGWON
Contact for Location Information: : +82-02-6261-5318, email@example.com
Contact for Customer Service : +82-02-6261-5319, firstname.lastname@example.org