Conditions of Location-Based Services

Article 1. Purpose

The purpose of the Terms and Conditions of Location-Based Services (“Terms and Conditions”) is to define the rights, obligations and responsibilities of Observer Inc (the “Company”) and members and non-members who have agreed to the Terms and Conditions set forth (the “Members and non-members”) when using location-based services (“Services”) provided by the Company.

Article 2. Definition of Terms

  • 1.

    Terms used in these Terms and Conditions are as follows. The meaning of the terms in these Terms not defined in each of the following paragraphs shall be governed by the Observer Terms and Conditions and general business practices.

    • 1)

      Observer is a location-based service provided by the Company.

    • 2)

      The services provided by the Company are as follows.

      • Collection, storage of transmitted weather information and displaying on web and app.

      • Services related to compensation for weather information collected and transmitted by the members.

    • 3)

      Customers are users who use Observer.

    • 4)

      A member means a person who has provided personal information to the Company, registered as a member, who is continuously provide information to Observer, and who continue to use the Observer services provided by the Company.

    • 5)

      Non-members means those who use the services provided by the Company without joining as a member.

  • 2.

    This Agreement shall be governed by the Act on Protection and Utilization of Location Information, etc. and related laws and regulations.

Article 3. Registration and Termination of Contract

  • 1.

    If you wish to use the Company's services, you accept the Personal Location Service according to the notice in the Terms. If you are a member, you will follow the consent process when you sign up. If you are a non-member, you agree to these terms while using the service.

  • 2.

    When the customer wishes to terminate the contract, the customer must apply to withdraw from the membership.

Article 4. Contents of Service

  • 1.

    When the Company collects and stores the weather information from the members and non-members, the Company collects the user's location information together with the corresponding weather information.

  • 2.

    When the user sends the weather information, related location information (latitude, altitude, elevation, etc.) is also transmitted.

  • 3.

    The Company receives the location information from the mobile carriers, which is a location information provider, and provides the following location-based services through Observer's websites and mobile devices ("Mobile Application").

    • 1)

      Access location service: Provide information either on the map or on the list, based on the last access location of the users who have agreed to provide the location information.

    • 2)

      Location information: WPS (Wi-Fi Positioning System) such as mobile devices, point created by customer using coordinates extracted based on GPS.

    • 3)

      Providing search results based on final connection location: Providing search results within the service using the current location of the personal location information subject when requesting information retrieval.

    • 4)

      Updating the location information of the user is performed when using the location related menu when the Observer is turned on or while the app is running, and reflects the final position based on the location information of the user or when it is manually updated by the user.

Article 5. Service Charges

  • 1.

    The services provided by the Company is free. If there are any changes, we will notify the users or provide a notice for users.

  • 2.

    Data charges incurred when using cellular data service are separate from Observer services and subject to the policies of each mobile carrier.

Article 6. Use Hours

Observer is available 24 hours a day. However, in case of system failure, program error, repair, external factors, etc., the Company will notify users through the notice.

Article 7. Using the location information of the users

The Company may collect and use the user's location information collected through the devices only if the member agrees to the Terms and Conditions.

Article 8. Consent to Use or Provision of Personal Location Information

Due to the nature of the Observer service, the personal location information cannot be refused to provide personal location information to a third party. If it disagreed, user should not join the membership or terminate existing account.

Article 9. Change and Suspension of Service

  • 1.

    The Company may restrict, change or suspend all or part of the Services in case the Company cannot maintain the service due to various circumstances or legal obstacles such as the policy change of the location information provider.

  • 2.

    In case of discontinuance of service pursuant to Paragraph 1, the Company shall notify on the website or service screen or notify the personal location information provider.

Article 10. Designation of the person in charge of location information management

  • 1.

    The Company designates and manages the location information management officer who manages and protects the location information and can smoothly handle complaints by the user's personal location information while using Services.

  • 2.

    The person responsible for the management of location information is the head of the department that provides location-based services. Specific details are in accordance with the by-laws of these Terms.

Article 11. Compensations and exemption clause

  • 1.

    The person may claim damages against the Company in the case of damages caused by the following acts of the Company. In this case, the individual location information entity must directly prove that the Company has intention or negligence.

    • 1)

      Collecting and using location information without the consent of the users or the individual location information, except as permitted by laws and regulations.

    • 2)

      Acts such as leakage, alteration or damage of personal location information.

  • 2.

    The Company shall not be liable for damages caused by force majeure such as natural disasters or user's intention or negligence.

Article 12. Revision of Terms

  • 1.

    When a Company wishes to change the Terms and Conditions, the changes will be posted in advance through the notice. If a member submits an objection to this, the Company must confirm to the members that it has notified the members about the amendment in an appropriate manner. However, in case of urgent modification of the Terms due to amendment of laws and regulations or improvement of the system, it should be immediately posted to the mobile devices using the service and notified to the registered member's e-mail address at the time of subscription.

  • 2.

    The member may terminate the contract until the business day before the effective date of the amendment that is changed after the notice of the change of the clause under Paragraph 1 is posted or notified. However, if the member's objection does not reach the Company within the notified period, the Company considers it aggreed.

Article 13. Settlement of Disputes

In the event of the parties to the dispute relating to the location information cannot consulted or cannot make a consultation, the Company may apply for consultation support to the Korea Communications Commission in accordance with the provisions of the Basic Act on Telecommunications.
Members may apply for arbitration to the Personal Information Dispute Arbitration Committee under the Act on Promotion of Information Network Usage and Information Protection, etc.

Article 14. Designation of person in charge of location information management and person in charge

Director
Name: Bae Kyu-Ho
Position: General Manager
E-mail: [email protected]
Phone: 070.4453.7620

Contact person
Name: Um Young-Sik
Position: Manager
E-mail: [email protected]
Phone: 070.4453.7619

Addendum

  • -

    Announcement Date: May 1, 2019

  • -

    Effective Date: May 8, 2019