BLACKVUE CLOUD Terms of Location-Based Service Use
1.
Purpose
The purpose of these Terms of Location-Based Service Use (hereinafter referred to as the ‘Terms’)
is to enunciate the rights, obligations and responsibilities of the
Company and a subject of personal location information, and other
necessary matters with regard to location-based service operated and
provided by Pittasoft Co., Ltd.
(hereinafter referred to as the ‘Company’.).
For users in South Korea: Please see the links for information about BlackVue Cloud Terms of Location-Based Service Use (click here) and Consent to Personal Location Information Use (click here).
For users in Japan: Please see here for information about BlackVue Cloud Terms of Location-Based Service Use.
2.
Rules in
Addition to the Terms
For any matter not specified in these Terms, relevant laws such as
the Act on the Protection, Use, Etc., of Location Information and the
Act on Promotion of Utilization of Information and Communications
Network, Terms of Service, Privacy Policy and Terms of Charged Service
of the Company apply.
3.
Effectiveness and Modification of Terms of Service
1.
These Terms become valid when a subject of personal location
information agrees to these Terms and registers as a member according
to a procedure determined by the Company.
2.
When a member has clicked the ‘Agree’ button on these Terms online,
it is deemed that the member has read, fully understood and agreed to
apply all contents of these Terms.
3.
The Company may, if there is a significant reason for company
operation or business, modify these Terms within a range that is not
against the relevant laws, and the modified Terms become valid when
the Terms are posted and announced in the same procedure and method
specified in Article 4 of the Terms of Service of the Company.
4.
Contents of Service
1.
The Company provides the following services by gathering location
information, which a member by agreeing to these Terms voluntarily
consents to the collection of said location information, or receiving
location information from a licensed location information
provider.
A.
Dashboard Camera
GPS services for automotive vehicles including location
information
B.
Data management services, which manage data including location
information saved in a Cloud storage space
C.
Search services based on current location information (areas affected
by an accident, gas stations, parking lots, etc.)
D.
Connected services based on current location information (chauffeur
services, parcel delivery, etc.)
2.
Some of the services in the subparagraphs of Paragraph 1 may be
operated at a cost. For charged services, the information required for
the payment does not include location information, and the Terms of
Charged Service of the Company apply.
3.
The Company requires the consent of a member for the provision of the
services specified in Paragraph 1 when providing personal location
information to a third party designated by the subject of personal
location information. The Company informs the member who gave consent
that they are providing personal location information (party receiving
personal location information, date and purpose of provision)
immediately.
5.
Method of Gathering Location Information
The Company gathers personal location information using the following
method.
The location information of a customer is gathered using GPS
information recorded by the dashboard camera which has a built-in GPS
chip or can be otherwise connected to one. If the method of gathering
personal location information changes,
the Company will notify members in advance. However, if the Company
cannot notify members in advance due to unforeseen circumstances, the
Company may notify members afterward.
6.
Contents of Collected Location Information
1.
The contents of location information collected by the Company
according to the agreement of a member are as follows:
A.
Location of the vehicle-mounted dashboard camera of the subject of
personal location information
B.
Surrounding network information in order to determine the location of
the vehicle-mounted dashboard camera of the subject of personal
location information
2.
The Company may receive the location information of the
vehicle-mounted dashboard camera of the subject of personal location
information from the location information business operator with the
consent of the member.
7.
Rights of the Subject of Personal Location Information
1.
A subject of personal location information may withdraw his/her
consent for part of the purpose of use or provision of personal
information, the parties to whom personal information is provided, and
the location-based service. He/she may withdraw, at any time, all or
part of his/her consent.
2.
A subject of personal location information may request temporary
suspension of the use or a provision of personal location information
at any time. In such a case, the Company cannot refuse such request
and will take technical measures to fulfill such a request.
3.
If the subject of personal location information attaches a document
proving his/her identity and requests in writing, the Company will
inspect or disclose the following information and the subject of
personal location information may request the correction of any
error.
A.
Data confirming the collection, use and provision of location
information of the subject of personal location information
B.
The reason and contents of location information of the subject of
personal location information provided to a third party according to
the provisions of the said Act or other Acts
4.
If a subject of personal location information has withdrawn his/her
consent on the use and provision of location information in whole or
in part, the Company will discard that personal location information
and data confirming the use and provision of location information
(data confirming the use and provision of partial data from which the
subject has withdrawn consent in the case where the subject withdraws
his/her consent in part) without delay.
8.
Right of Legal Representative
1.
If the Company intends to use and provides personal location
information of a child under the age of 14 (including providing to a
third party designated by the subject of personal location
information), the Company must receive the consent of his/her legal
representative.
2.
If the Company intends to use personal location information or data
confirming the use or provision of location information of a child
under the age of 14 beyond the scope specified or notified in the
Terms of Service or provides the said information or data to a third
party, the Company must obtain the consent of the child under the age
of 14 and his/her legal representative. However, the following cases
are excluded.
A.
Where data confirming the use and provision of location information
are required to calculate fees related to the provision of location
information and location-based services
B.
Where data is processed in such a way that any specific person cannot
be identified, and provided for the purpose of statistics, academic
research or market research
3.
The legal representative of a child under the age of 14 may, if
he/she gives consent to the use or provision of personal location
information of the child under the age of 14, exercise the right to
withhold consent (Article 19, Paragraph 4 of the Act), the right to
withdraw consent, the right to suspend consent temporarily, the right
to request inspection and notification (Article 24 of the Act).
9.
Right of Legal Guardian of a Child under the Age of 8, Etc.
1.
Where the legal guardian of a person falling under any of the
following cases (hereinafter referred to as ‘child under the age of 8,
etc.’) gives consent to the use or provision of personal location
information of the child under the age of 8, etc. for the protection
of the latter’s life or body, the Company deems that the child, etc.
himself/herself gives consent thereto.
A.
A child under the age of 8 (A child under the age of 8 cannot become
a member of the Company in principle.)
B.
Someone not legally able to make decisions for him/herself
C.
A person with a mental disability according to Article 2 (2) 2 of the
Act on Welfare of Persons with Disabilities who is classified as a
person with a severe disability under subparagraph 2 of Article 2 of
the Employment Promotion and Vocational Rehabilitation of Disabled
Persons Act (limited to those registered as disabled persons pursuant
to Article 29 of the Act on Welfare of Persons with Disabilities).
2.
The legal guardian who intends to give consent to the use or
provision of personal location information for the protection of life
or body of a child under the age of 8, etc. should attach a document
proving that he/she is the legal guardian to his/her written consent
and submit it to the Company.
3.
The legal guardian may, if he/she gives consent to the use or
provision of personal location information of a child under the age of
8, etc., exercise all rights of the subject of personal location
information.
10.
Designation of Location Information Manager
1.
The Company designates and operates a person who is in the position
which enables him/her to take actual responsibility to manage, protect
location information properly and handle complaints from the subject
of personal location information smoothly as the location information
manager.
2.
The location information manager is the head of the department that
provides location-based service.
11.
Location Information Protection Arrangements
The Company fulfills the managerial responsibilities falling under
any subparagraph of Article 20, Paragraph 1 of the Enforcement Decree
of the Act on Protection & Utilization of Location Information,
etc. under the responsibility of the location information manager as
the managerial arrangement for the protection of personal location
information.
12.
Service Fee
The Company may follow the method determined by an electronic payment
service provider which has concluded a contract with the Company for
the charged service fee or charge the fee according to the method
determined by a service provider.
The charged service use agreement between a member and the Company is
concluded when the member submits an application for use of the
charged service to the Company and the Company accepts the
application. The charged service fee, etc. should be paid in advance,
and the fee will be charged and paid in such a manner that the member
pays a certain amount of money in advance through a payment means
provided by the Company and an amount of money is deducted according
to purchase and use.
For the type of charged service fee, etc., these Terms and the Terms
of Charged Service of BLACKVUE CLOUD apply. The Company may refuse a
request for a refund or request of personal information of a person
who made a payment due to unauthorized use of personal information and
payment fraud.
The Data communication fee occurring when wireless service is used is
charged separately, and the policies of each subscribed mobile carrier
apply. If a member has an objection to the charged fee, he/she may
raise an objection within 5 days from the date of settlement, and the
Company will investigate the validity of such raised objection and
notify him/her of the result within 10 days.
13.
Grounds for and
Period of
Retaining
Location
Information and
Data
Confirming the
Use or
Provision of
Location
Information
1.
The Company records and stores data confirming the collection, use or
provision of location information on the location information system
according to Article 16 of the Act on the Protection, Use, Etc. of
Location Information.
2.
The Company shall destroy personal location information except for
information specified in Paragraph 1 of this Article after the purpose
of use or provision has been achieved.
3.
The Company holds data specified in Paragraph 1 of this Article for 6
months in order to fulfill the obligations specified in Article 7,
Paragraph 3 of these Terms. However, for the details in the use of
charged service, the period of holding specified in the Act on the
Consumer Protection in Electronic Commerce, Etc., Electronic Financial
Transactions Act, etc. which is introduced in the Privacy Policy of
the Company applies.
14.
Range of
Damage
Compensation
1.
A user who has violated the provisions of these Terms, causing damage
to the Company, shall compensate for all damages occurred to the
Company. At this time, if the relevant user is unable to prove a lack
of intention or negligence by the user, he/she cannot be freed from
his/her liability. A user shall bear all responsibilities for legal or
actual disputes such as an objection raised by the subject of personal
location information and a third party, disputes, lawsuits, etc. which
the user has caused by violating the provisions of these Terms, and
the user shall compensate for damages or losses occurred to the
Company with regard to such disputes.
2.
If the Company has violated Article 15 or 26 of the Act on the
Protection, Use, Etc. of Location Information on purpose or by
negligence, a user or subject of personal location information may
claim damages and the range of the liability is limited to general
damage. At this time, if the Company is unable to prove a lack of
intention or negligence by the Company, the Company cannot be freed
from his/her responsibility.
3.
If such damage has occurred due to a force majeure such as a natural
disaster or the intention or negligence of the user, the Company shall
not compensate for such damage.
4.
The Company shall not compensate for damage which a user has caused
to the user and a third party by using location information with an
error which may occur according to the communication environments of
the network provider.
5.
A member is under obligation to compensate for the losses which the
member has caused to the Company by violating the BLACKVUE CLOUD Terms
of Service presented by the Company such as obligations of the user
even after the use agreement has been terminated.
15.
Mediation of Dispute
The Company may apply for mediation to the Korea Communications
Commission according to Article 28 of the Act on the Protection, Use,
Etc., of Location Information if an agreement is not made or cannot be
made between the parties on a dispute related to location information.
The Company or a member may apply for mediation to the Personal
Information Dispute Mediation Committee according to Article 42 of the
Personal Information Protection Act if an agreement is not made or
cannot be made between the parties to a dispute related to location
information.
16.
Exemption from Responsibility
The Company shall not be liable to compensate for all problems that
occur during the service use for a member who uses the service for
free. In addition, the Company shall not assume responsibility when a
failure occurs in the normal service provision due to any of the
reasons prescribed in the following subparagraphs.
1.
When a natural disaster or an equivalent uncontrollable condition has
occurred
2.
When a third party who has concluded a service cooperation agreement
with a service provider for providing the service interrupts the
service intentionally
3.
When there is a problem in the use of service due to a reason
attributable to a customer
4.
When damage has occurred and the damage was
not caused through intention or negligence on the part of the Company,
excluding
subparagraphs
1 or 3
If a member has violated any matter specified in these Terms or
damage or a problem in the use of service has occurred due to a reason
attributable to the member or the subject of personal location
information, the Company holds no responsibility.
The user is responsible for managing all the information according to
the use of location information and other services which the Company
provides to the member, and the Company holds no liability for such
negligence in the management of information, unauthorized or illegal
use of information. The user must make the final decision for service
and information obtained through the use of service, and the Company
does not guarantee any specific purpose of profit that the user
expects through the use of service. The Company does not guarantee the
credibility and accuracy of service and information, data and facts
posted on the service, and the Company does not assume responsibility for damages occurred to the
user due to such information.
17.
Contact Information of
the
Company
You may contact us if you have any questions concerning these Terms.
Please contact us at cs@pittasoft.com, or call us at +82-26947-4670.
18. Effective Date
These Terms of Location-Based Service Use are effective as of Feburary
24, 2025.
Addendum (2021.08.01)
(Effective Date) This agreement has been effective since August 1,
2021. ([View this version of the terms and conditions])