Chapter 1. General Provisions

Article 1 (Purpose)

These Terms of Service (the “TOS”) are provided to set forth the rights, obligations and other related matters applicable to SK Planet Co., Ltd. (hereinafter, referred to as the “Company”) and the Member that have contracted the use of the Location Based Service provided by the Company (hereinafter, referred to as the “Service”).

Article 2 (Effect and change of TOS)

1. ① The TOS are for all Customers who wish to use this Service
2. ② The contents of the TOS are effective by posting on the service screen or by notifying the Customer by other means, and the Customer who agrees to this Service.
3. ③ The Company can change the TOS if it is deemed necessary, and when the Company changes the TOS, the date of application and the reason for the change are specified and announced in the same way as in Section 2 of this Article, 7 days before the date of application. However, when changing the terms that are unfavorable to the user, the notice will be announced 30 days before the effective date, and the user will be notified individually via e-mail. However, if the individual notification is difficult because the user did not enter the contact information or did not modify it after the change, the notice in this section is regarded as an individual notification.
4. ④ If the user fails to expressly refuse the changes by the effective date thereof, despite the notification or announcement made under Section 3 of this Article by the Company regarding assumed consent by the user, unless the user’s refusal is otherwise expressed prior to the effective date, the service provider assumes that the user has agreed to the change terms. If the user does not agree to the changed terms and conditions, the user can stop using the Service and cancel the use contract.

Article 3 (Rules other than TOS)

Any matters not stipulated in the TOS shall be governed by applicable laws and regulations of the Republic of Korea (“Korea”) – including without limitation the Act on Protection,Use, etc. of Location Information (hereinafter, referred to as the “Act on Location Information”), the Telecommunications Business Act, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc.,the Personal Information Protection Act– and rules prescribed by the Company, including its detailed policy for the use of the Service.

Chapter 2. Service Use Contract

Article 4 (Qualification for the Use of Service)

1. ① A person who qualifies to subscribe to this Service is the owner of the mobile phone or other devices for other services (hereinafter, referred to as the “Device”) which can be used for the Location Based Service.
2. ② A legal entity can subscribe to the Service by registering with its Business Registration Number.

Article 5 (Subscription to the Service)

The Company may refuse to approve the application in any of the following cases:

1. 1. Application for membership is made using a false name or the name of another person;
2. 2. Application for membership includes a false statement or omission in the customer registration item;
3. 3. Application for membership disrupts social stability, order or social norms; or
4. 4. Application for membership fails to meet the requirements for the use of the Service stipulated by the Company.

Article 6 (Termination of the Service)

Customers wishing to terminate the use of Service may apply for termination of the Service by the procedures prescribed by the Company (Announced through wired/wireless homepage, etc.).

Article 7 (Level of the Service)

1. ① The Service is available 24 hours a day, 7 days a week, as a general rule. However, the Service may be suspended temporarily for reasons of the Company’s business or technology, or for a certain period of time prescribed by the Company on purpose of management. In such case, the Company shall notify the Customer of the details in advance or thereafter.
2. ② The location information may include errors in accordance with advancement of related technology.

Article 8 (Restriction and Suspension of the Use of Service)

The Company may restrict or suspend the Customer’s use of the Service in any of the following circumstances:

1. 1. Application is made using the name_(Resident Registration Number) of another person
2. 2. Theft of another person’s personal information, or interruption of another person’s use of Service
3. 3. Conducting actions violating law, social stability, order or social norms, etc. using the Service

Article 9 (Change and Suspension of Service)

1. ① The Company may restrict, change or suspend the Service, in whole or in part, in any of the following circumstances:

   1. 1. When restriction, change or suspension is necessary due to construction, including repair of equipment/facilities for the Service;
   2. 2. When normal use of the Service is interrupted due to power failure, breakdown of equipment/facilities, congestion of usage, etc.
   3. 3. When it is impossible to maintain the Service due to various conditions of the Company, such as expiration of the contract with a service provider or legal obstacle; or In case of force majeure events, including Acts of God, national emergency.
2. ② In the event that the Company suspends the Service under Section 1 of this Article, the Company shall notify the user of such event or announce users online; provided, however, that the requirement to provide prior notice is inapplicable when such prior notice is impossible due to suspension of the Service caused by reasons beyond control of the Company (including disc malfunction, system down, etc., not attributable to the operator’s willful misconduct or negligence), the Company shall notify the user thereafter.

Article 10 (Service Type and Fee)

The Service type and detail and fee provided by the Company shall be set forth in Table 1 Type of Service.

Chapter 3. Protection of Personal Information

Article 11 (Definition of Location Information, etc.)

1. ① “Location information” used in the TOS is information about a place where a portable object or an individual exists or has existed at a specific time (including current location and visit records, etc.), which is collected using telecommunications equipment facilities or telecommunications line equipment facilities.
2. ② The Company only acquires location information in accordance with the provisions of the relevant laws, such as the Location Information Act, and uses the location information within the scope of the service only for Customers who have agreed to the TOS and consent to the use of location information.

Article 12 (Protection of Customer’s Personal Location Information)

The Company shall endeavor to protect the Customer’s personal location information in accordance with applicable Korean laws and regulations.

Article 13 (Use and Provision of Personal Location Information)

1. ① The Company may use Customer’s Personal Location Information for the provision of Service, and the Customer will be deemed to have consented to the use of his/her Personal Location Information by consenting to this TOS.
2. ② The Company shall not use Personal Location Information provided by the Customer for the purpose other than provision of Service without consent of such Customer.

3. ③ The Company may notify Customer by mobile phone device specified by the Customer, or e-mail address.

   1. 1. In the case the telecommunication device which collected Personal Location Information does not feature SMS, voice or video receiving functions
   2. 2. In the case the subject of Personal Location Information has requested the Company to notify him/her by telecommunication device other than telecommunication device which collected Personal Location Information or e-mail address, etc.

4. ④ When the Company provides personal location information to a third party designated by the member, the Company will notify the member via the communication terminal device, where the personal location information is collected, of the recipient, the date and purpose of the provision immediately every time or according to the schedule chosen by the member among the schedules designated by the Company with the scope of the Location Information Protection Act.
   However, if the Company periodically collects and provides information on the provision of information to third parties, the following information is notified and the Customer's consent is obtained.

   1. 1. The number or period of information collection and notification
   2. 2. The fact that immediate notification method can be selected upon request from the subject of the personal location information

Article 14 (Possession of confirmation data about the Use and Provision of Personal Location Information)

1. ① The Company automatically records confirmation data about the use and provision of Personal Location Information of Customers on its location information system in accordance with Article 16, Section 2 of the Act on Location Information. The Company keeps the data for six months from time of recording on the purpose of handling customer complaints.
2. ② In accordance with Article 24, Section 4 of the Act on Location Information, the Company immediately destroys collected Personal Location Information data and confirmation data about the use and provision of Personal Location Information in case the Customer withdraws consent in whole or part (in case of withdrawal of consent in part, destroying only Personal Location Information data and confirmation data about the use and provision of personal location information of the withdrawn part). However, the Company preserves data in case of need for retention in accordance with The Basic Law for National Taxes, the Corporate Tax Act, The Act on Value Added Tax and other related laws.

Article 15 (Retention Period and Use Period of Personal Location Information)

In case of the use of Customer’s Personal Location Information, the Company uses Customer’s Personal Location Information, other than confirmation data about the use and provision of Personal Location Information in accordance with Article 16, Section 2 of Act on Location Information, for use within the scope of purpose consented by the Customer and preservesfor handling Customer complaints for 6 months and destroys the same information immediately after expiration of 6 months in accordance with Article 23 of Act on LocationInformation.

Article 16 (Rights of Legal Representative)

1. ① In case the Company uses or provides Personal Location Information of children under 14 years of age in accordance with Article 18, Section 1, Article 19, Section 1 and 2, and Article 21 of the Act on Location Information, the Company shall obtain consent from his/her legal representative.
2. ② In accordance with Article 25, Section 2 of the Act on Location Information, the Article 17 (Rights of Customers) of this TOS is applied in case the legal representative of Customer under 14 years of age consents. In this case, the legal representative is deemed Customer.

Article 17 (Use of Location Information for Protection of children under 8 years of age, etc.)

1. ① The Company deems the user’s consent if the person responsible for protection of a person in any case of the following (hereinafter, referred to as “Children under 8 years of age, etc.”) consents to collection, use or provision of Personal Location Information on the purpose of protecting the life or body of children under 8 years of age, etc.:

   1. 1. Children under 8 years of age
   2. 2. Person under adult guardianship
   3. 3. Person with mental disability in accordance with Article 2, Section 2, No. 2 of the Act on Welfare of the Disabled, classified as a person with a severe disability in accordance to Article 2, No.2 of the Act on Employment Promotion and Vocational Rehabilitationof the Disabilities (Only person registered disabled in accordance with Article 29 of the Act on Welfare of the Disabled.)

2. ② The person responsible for protection of children under 8 years of age, etc. in accordance with Section 1, is a person in fact protecting children under 8 years of age, etc. in any of the following items:

   1. 1. Legal representative of children under 8 years of age or guardian in accordance with Article 3 of the Act on Guardianship of Underage Person Residing in Protection Facility
   2. 2. Legal representative of person under adult guardianship
   3. 3. Legal representative of person referring to Section 1, No. 3 of this Article or superintendant of residence facility for the disabled (only facilities established and operated by the state or local government) in accordance with Article 58, Section 1, No. 1 of the Act on Welfare of the Disabled, superintendant of social rehabilitation facility (only facilities established and operated by the state or local government) in accordance with Article 3, No.4 of the Act on Mental Health, as well as superintendant of mental nursing facility in accordance with Article 3, No. 5 of the Act on Mental Health
3. ③ The person responsible for protection wishing to consent to collection and use of Personal Location Information on purpose of protecting the life or body of children under 8 years of age, etc. shall attach documentary evidence verifying his/her responsibility of protection to the signed consent form and submit it to the Company.
4. ④ The Article 18 (Rights of Customers) applies in case that the person responsible for protection consents in accordance with Article 26, Section 4 of the Act on Location Information. In this case, the person responsible for protection is deemed Customer.

Chapter 4. Obligations and Rights of Company and Customer

Article 18 (Obligations of Company)

1. ① The Company shall promptly handle Customer’s complaints regarding the Service; provided, however, that if it cannot do so, the Company shall notify the Customer of the reason and an expected schedule of handling such complaints.
2. ② The Company complies with laws related to operating and maintaining the Service such as Act on Protection and Use of Location Based Information, the Act on the Promotion and Protection of Information and Communications Network Utilization, the Protection of confidence on Telecommunications Act, the Telecommunications Business Act, and Personal Information Protection Act.
3. ③ The Company may use Customer’s personal information and information related to use of the Service collected on membership application on the purpose of actively providing customized service and implementing customer-oriented marketing such as providing information on new products and events or survey. However, Customer’s consent must be obtained in advance on use of such information exceeding the scope of Customer consent or provision to third parties. In this case, Customer may refuse the Company’s request for consent.
4. ④ In case the Company asks related institutions such as credit information collection agency on Article 17 of the Act on Use and Protection of Credit Information to register the Customer as delinquent borrower in relation to overdue payment of fee, the Company shall go through needed confirmation procedure such as confirmation of identity.

Article 19 (Rights of Customer)

1. ① A Customer may withdraw his/her consent to the use and collection of Personal Location Information by the Company in whole or part by wired or wireless internet, etc.
2. ② A Customer may temporarily suspend his/her consent to the use and collection of Personal Location Information by the Company by wired or wireless internet,etc.

3. ③ A Customer may request the Company the access or notification of any data of the following and in case the Customer recognizes errors in the data, he/she may request the Company to correct it:

   1. 1. Confirmation data about the use and provision of Personal Location Information
   2. 2. The reason and detail about the provision of Customer’s Personal Location Information to third parties in accordance to the Act on Location Information or other laws

Article 20 (Obligations of Customer)

1. ① A Customer shall pay the fee in accordance with the service use contract until the appointed day, and shall notify the Company in case of change of notified billing address and contact.
2. ② A Customer shall provide and register complete information corresponding to existing facts in case of provision and registration of information needed for the use of Service, and shall immediately update such information if change occurs.
3. ③ A Customer shall manage his/her device so that the Device maintains normal function, and shall repair or change Device for smooth Service if the same Device cannot maintain normal function and hinders provision of Service.

4. ④ A Customer may not conduct any of the following when using the Service:

   1. 1. Entry of a false statement when applying for or changing the use of the Service
   2. 2. Defamation of others or causing any disadvantage to others
   3. 3. Distributing information, text, image, voice, etc. that includes contents disrupting social stability, order or social norms to others
   4. 4. Registering or distributing materials contaminated by computer viruses which may cause the malfunctioning of equipment/facilities related to this Service or the destruction and confusion of information, etc.
   5. 5. Lying about his/her identity or falsely representing his/her relationship with others
   6. 6. Distribution of false information for his/her own or another’s economic benefit, or to inflict damage on another
   7. 7. Misusing or leaking Personal Location Information of others obtained in relation to use of Service without permission
   8. 8. Any other illegal or unfair acts.
5. ⑤ A Customer shall comply to applicable laws and regulations, the provisions of this TOS, the guidebook and the instructions provided in this Service, or any items notified by the Company, etc. and shall not commit any acts interfering with the business of the Company.

Chapter 5. Others

Article 21 (Contact of the Company, etc.)

1. ① The Company’s name, address, phone number and other contacts are as follows:

   1. 1. Name : SK Planet Co., Ltd.
   2. 2. Address: 264, Pangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do, Korea (postal code: 463-400)
   3. 3. Phone number: 02-6119-0114

2. ② The Company establishes and implements technical and managerial measures to protect personal location information, and designates and operates a person who is in a position that can take real responsibility to handle complaints from the subject of the personal location information as the location information manager. And contact details are as follows.

   1. 1. Name: Hyun-myung Ha
   2. 2. Status : External Cooperation Group
   3. 3. Phone number: 02-6119-0467
   4. 4. E-mail : privacy.skp@skplanet.com

Article 22 (No Assignment)

The Company and Customer shall not transfer, assign or provide as a security his/her/its rights or obligations under this TOS, in part or in whole, to any third party.

Article 23 (Indemnification)

1. ① The Customer shall indemnify the Company against any and all damages arising out of or in connection with breach of the TOS from his/her willful misconduct or negligence.
2. ② In the event that, due to the Customer’s unlawful acts or breach of the TOS in the course of his/her/its use of the Service, the Company receives various claims, such as damage claim or legal actions brought by a third party other than the Customer concerned, such Customer shall defend and hold harmless and indemnify the Company from and against any and all damages.
3. ③ In the event that, due to the Company’s unlawful acts against Article 15 or Article 26 of Act on Location Information or due to Service provided by the Company, the Customer receives damages, the Company shall be liable for Customer’s damage, except Company proves it had no willful misconduct or negligence.

Article 24 (Limitation of Liability)

1. ① The Company shall not be liable for any failure to provide this Service due to an act of God or any force majeure event.
2. ② The Company shall not be liable for any interruption of the use of this Service due to a reason attributable to the Customer.
3. ③ In no event shall the Company be liable to the Customer for any loss of expected profits from the use of this Service or any damage due to materials obtained through this Service.
4. ④ All final judgments about the Service provided by the Company or information obtained through this Service shall be made by the Customer only, and the Customer is liable for all judgments made by him/her. In no event shall the Company be liable to the Customer for any damages occurred by his/her judgment.
5. ⑤ In an event of failure to provide Service for reasons of the Company’s business or technology, the Company notifies Customer through Internet homepage or e-mail, etc.; provided, however, that the requirement to provide prior notice is inapplicable when such prior notice is impossible by reasons beyond control of the Company, the Company shall notify thereafter.

Article 25 (Dispute Resolution and Jurisdiction)

1. ① Any dispute between the Company and the Customer in connection with the use of the Service will be discussed by them in good faith to seek an amicable resolution.
2. ② Where any dispute has not been resolved through discussion under Section 1 of this Article,the parties may file a petition for adjudication with the Korea Communications Commission in accordance with the Article 28 (Adjudication of the Korea Communications Commission) of the Act on the protection, use, etc. of location information or file a petition for mediation with Personal Information Dispute Mediation Committee in accordance with Article 43 (Application for mediation, etc.) of the Personal Information Protection Act.
3. ③ Any dispute which has not been resolved under Section 2 of this Article shall be submitted to the jurisdiction of and resolved before the competent court on the Civil Proceedings Act.