Terms of Location-Based Service


Effective: 2020-12-11


Article 1. (Purpose)

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”)

Article 2. (Effect and Changes of the Terms and Conditions)

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.

Article 3. (Additional Rules)

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.

Article 4. (Services)

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).

Article 5. (Service Rates)

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.

Article 6. (Limitation and Suspension of Service Use)

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.

Article 7. (Rights of the Personal Location Information Provider)

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.

  1. Any data that confirms the collection, utilization and provision of the Subscriber's location information
  2. Reasons and details that the Subscriber's personal location information has been provided to a third party under the Act on the Protection and Use of Location Information, or other relevant laws and regulations.

⑤ The Subscriber may request to the Shiftee the exercise of their rights via the Contact as prescribed in the Article 14 hereof.

Article 8. (Utilization or Provision of Personal Location Information)

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.

  1. Unless telecommunications device where personal location information was collected incorporates any function to receive text, voice or video.
  2. If the Subscriber requests, in advance, a notification via email address, online publishing, or any telecommunications devices other than the prespecified device herein.

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
Manager designated by the user Check the location of attendance requests and leave requests outside of the workplace The location information at the time of request attached to the attendance request and the leave request sent by the Subscriber


Article 9. (Rights of Legal Guardian)

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.

Article 10. (Rights of Custodians of Children Aged 8 Years or Younger)

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.

  1. Children aged 8 years or younger
  2. Incompetent person under the adult guardianship
  3. Mentally disabled persons that are defined in Article 2.2.2 of the Act on Welfare of Persons with Disabilities and categorized as persons with severe disabilities based on the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (Only those registered as disabled in accordance with Article 32 of the Act on Welfare of Persons with Disabilities)

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.

Article 11. (Compensation for Damages)

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.

Article 12. (Exemption from Liability)

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.

  1. Natural disaster or equivalent force majeure
  2. Any intentional service interruption by a third party that has entered into Service Partnership Agreement with the Shiftee.
  3. Errors that occur during the Service use due to any reasons imputable to the Subscriber.
  4. Any causes that are of no intention or negligence by the Shiftee excluding the cases as prescribed in the Clause 1 or 3 herein.

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.

Article 13. (Dispute Settlement)

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.

Article 14. (Contacts)

The Company name, address and contacts are as follows

Company Name : Shiftee Inc.
CEO : SHIN SEUNGWON
Address : Shiftee Inc. 13F, 518, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
Phone : +82-02-6261-5318


Addenda

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, legal@shiftee.io
Contact for Customer Service : +82-02-6261-5319, support@shiftee.io