Article 1. (Purpose)
These terms and conditions are intended to stipulate the rights, obligations and responsibilities of the company and its members, when a member (referring to a person who has agreed to the Surearly SMART Service Terms of Use. hereinafter referred to as the “Member”) uses the Surearly SMART Mobile Application (hereinafter referred to as the “Service”) provided by Sugentech, Inc.
Article 2. (Effect and Change of Terms of Use)
1.
These terms and conditions become effective when the member who applied for the service or the subject of personal location information agrees to these terms and registers as a user of the service under the prescribed procedure set by the company.
2.
If a member checks the agree to these terms and conditions in the service, they are acknowledged to have read and fully understood the contents of these terms and conditions and have agreed to their application.
3.
The Company may revise these terms and conditions within the scope of not violating relevant laws, such as the Use and Protection of the Location Information Act, the Cultural Industry Promotion Basic Act, and the Regulation of Standardized Contracts Act of the Framework Act on Consumers.
4.
If the Company revises the terms and conditions, it shall specify the date of application and the reason for the revision of the existing terms and conditions and the revised one, and only notice will be made together with the current terms and conditions for a considerable period from 7 days before the effective date after the effective date, and the amendments will be notified to members. And if the revised content is unfavorable to the member, it will be posted on the service page for a considerable period from 30 days before the effective date after the effective date or by sending the notice of the revision to the member in an electronic form (e-mail).
5.
If the Company notifies the member under the preceding paragraph and there is no expression of refusal from the date of notice or notice to 7 days after the effective date of the revised terms and conditions, it is deemed that the terms of use have been approved. Any member who does not agree to the revised terms and conditions may terminate the contract.
Article 3. (Applicable Laws and Regulations)
1.
These terms and conditions shall be applied fairly in accordance with the principle of good faith, and matters not specified in these terms and conditions shall be in accordance with related laws or commercial practices.
Article 4. (Services We Provide)
The services provided by the Company are as follows.
Bluetooth connection between Surearly SMART devices and mobile applications. | The Company uses location information for more accurate Bluetooth connection when connecting the Surearly SMART device used by the member and the mobile application via Bluetooth.
However, the customer's location information is not collected by the company's server and is used only to improve the accuracy of Bluetooth connection. |
Article 5. (Service Fee)
1.
The Surearly SMART mobile application provided by the Company is basically free of charge. (However, you must purchase the Surearly SMART device individually at the official online shopping mall or designated offline mall guided in the purchasing office information.)
2.
The data communication fee incurred when using the wireless service is charged separately and is subject to the policies of each mobile carrier you subscribe to.
Article 6. (Notification of Service Change, etc.)
1.
If the Company changes or terminates the service, the Company may notify its members the change or termination of the service through the members’ registered email addresses or push notification.
2.
In the case of Paragraph 1, when notifying a large number of unspecified persons, we may notify members through the website, customer center bulletin board, and other Company notices.
Article 7. (Limitation and Suspension of Service Use)
1.
The company may restrict or suspend the member's use of the service in the event of 1) in any of the following reasons.
a.
If a member intentionally or with gross negligence interferes with the operation of the company service
b.
If it is unavoidable due to service facility inspection, repair or construction
c.
If the key telecommunications business operator stipulated in the Department of Telecommunications Business has suspended the telecommunications service
d.
If there is a problem with the use of the service due to a national emergency, failure of service facilities, or congestion
e.
If the company considers it inappropriate to continue providing services for other serious reasons
2.
When the Company restricts or suspends the use of the service under the provisions of the preceding paragraph, the Company must notify the member of the reason and period of restriction.
Article 8. (Use or Provision of Personal Location Information)
1.
If the Company is to provide services using personal location information, it must be specified in the terms of use in advance and obtain the consent of the subject of personal location information.
2.
The rights of members and their legal representatives and the method of exercising them are based on the address of the member at the time of filing, and if there is no address, the district court having jurisdiction over the residence place becomes jurisdiction of the competent district court. However, if the address or residence of the member is not clear at the time of filing, or if the member resides in a foreign country, it will be filed with the competent court under the Civil Procedure Act.
3.
The Company automatically records and preserves data regarding the use and provision of location information, fact check, etc. for the purpose of handling complaints from other business operators or members, and keeps the data for one year.
4.
When the Company provides personal location information to a third party that the member designated, the Company immediately notifies the person to whom it is provided, the date of provision and the purpose of the provision to the member through the communication terminal device that collected the personal location information. However, if it falls under 1) of each of the following subparagraphs, the company notifies the member to a specific communication terminal device or e-mail address the member designated in advance.
a.
If the communication terminal device that collected personal location information does not have the function to receive text, voice or video
b.
If the member has requested in advance to notify by means of online posting, etc.
Article 9. (Right to Personal Location Information)
1.
A member can withdraw all or part of the consent to the provision of location-based services using personal location information and provision of personal location information to a third party at any time to the Company. In this case, the Company destroys the collected data on personal information location information, use of location information, confirmation of provision.
2.
A member may request the Company to temporarily suspend the collection, use or provision of personal information location information at any time, and the Company cannot refuse this request and has technical means to do it.
3.
A member may request the Company to view or notify the data of each of the following subparagraphs, and if there is an error in the data, the member may request correction. In this case, the Company cannot refuse the member's request without justifiable reasons.
a.
Data that confirm the collection, use, and provision of location information about the person
b.
Reasons and details of the personal location information provided to a third party under the Use and Protection of the Location Information Act or other laws
4.
Members may request by following the company's prescribed procedures for exercising the rights of paragraphs 1 to 3.
Article 10. (Rights of Legal Representative)
1.
The Company must obtain consent from the member and the member's legal representative before the Company provides location-based services using personal location information and personal location information to third parties for members under the age of 14. In this case, the legal representative has all the rights of the member under Article 9.
2.
If the Company intends to use the personal location information or location information of children under the age of 14, use the provision confirmation data beyond the scope specified or notified in the terms of use, or provide it to a third party, the Company must obtain the consent of children under the age of 14 and their legal representatives. However, the following cases are excluded.
a.
If the Company needs data to confirm the use and provision of location information for the purpose of settlement of charges for providing location information and location-based service
b.
If the Company processes and provides a specific individual in an unrecognizable form for statistical preparation, academic research, or market research
Article 11. (Rights of Persons Obligated to Protect Children under the Age of 8)
1.
If the guardian of the following persons (hereinafter referred to as “children under the age of 8”) agrees to use or provide personal location information for the protection of the life or body of children under the age of 8, the Company considers it to have the consent of the person.
a.
Children under the age of 8
b.
Incompetent
c.
Persons with mental disabilities under Article 2, paragraph 2, subparagraph 2 of the Act on Welfare of the Persons with Disabilities, who are severely disabled according to Article 2, subparagraph 2 of the Employment Promotion and Vocational Rehabilitation for Disabled Person Act (persons who have registered with disabilities under Article 29 of the Act on Welfare of the Persons with Disabilities)
2.
The guardian who wishes to consent to the use or provide personal location information To protect the life or body of children under the age of 8, he/she must attach a document certifying that he is a guardian and submit it to the Company.
3.
If the guardian agrees to the use or provide personal location information for children under the age of 8, the guardian can exercise all of the rights of the subject of personal location information.
Article 12. (Designation of Location Information Manager)
1.
The Company designates a person in a position to take practical responsibility to properly manage and protect location information and to handle complaints from the subject of personal location information as the location information manager to operate it.
2.
The location information manager is the head of the department that provides location-based services, and specific details are subject to the supplementary provisions of these Terms and Conditions.
Article 13. (Compensation for Damages)
1.
If the Company violates the provisions of Articles 15 or 26 of the Use and Protection of the Location Information Act, and the member suffers damage as a result, the member can claim compensation for damages against the Company. In this case, if the Company cannot prove that there is no intention or negligence, the Company cannot be exempted from liability.
2.
If a member violates the provisions of these terms and conditions and the Company suffers damage, the Company may claim compensation for damages against the member. In this case, if the member cannot prove that there is no intention or negligence, the member cannot be immune to responsibility.
Article 14. (Immunity from Responsibility)
1.
If the Company cannot provide the service for any of the following reasons, the Company is not responsible for any damage occurred to the member.
a.
If there is a natural disaster or force majeure equivalent thereto
b.
If a third party who has entered into a service partnership contract with the company for services provision intentionally interfere with service
c.
If there is a problem in using the service due to reasons attributable to the member
d.
If it is due to reasons not intentional or negligent of the company other than no. 1 or no. 3
2.
The company does not guarantee the reliability, accuracy, etc. of the information, data, facts, etc. posted on the service and the service, and is not responsible for any damage the member suffers as a result.
Article 15. (Mutatis Mutandis of the Regulations)
1.
These terms and conditions are prescribed and enforced by the laws of the Republic of Korea.
2.
Any matters that are not prescribed in these Terms and Conditions shall be governed by relevant laws and commercial practices.
Article 16. (Mediation of Disputes and Others)
1.
If the Company does not reach agreement between the parties on a dispute related to location information or cannot reach an agreement, the Company may apply for mediation to the Korea Communications Commission under the Article 28 of the Use and Protection of the Location Information Act.
2.
If the Company or the member does not reach agreement between the parties on a dispute related to location information or cannot reach an agreement, the Company may apply for mediation to the Personal Information Dispute Mediation Committee under the Article 43 of the Personal Information Protection Act.
Article 17. (Contact Information of the Company)
The Company name and address are as follows.
1.
Recipient: Sugentech, Inc.
2.
CEO : Mijin Son
3.
Address : 5th floor, 12, Yeongdong-daero 96-gil, Gangnam-gu, Seoul
4.
Tel : +82. 70. 8889. 5505
Supplementary Provision.
Article 1. (Effective Date)
These terms and conditions come into effect from March. 1, 2024.
Article 2.
The location information manager is designated as follows, as of March. 1, 2024.
1.
Recipient: Sugentech, Inc.
2.
Location information manager : Mijin Son
3.
Tel : +82. 70. 8889. 5505