Article 1 (Purpose)

The purpose of these Terms of Use of Location-Based Service (“T&C”) is to set forth the rights, obligations, responsibilities between damda.Com Company Limited (“the Company”) and its users (“the Members”) and other necessary matters in connection with the location-based shopping information service provided by the Company (“the Services”) on its websites or mobile applications (“damda Platform”) for mobile communication devices (such as smartphones).

 

Article 2 (Definition)

  • The following terms used in the T&C shall have the following meanings ascribed to them.
  1. “Location-based shopping information service or the Services” means all services provided by the Company to its members for free, providing shop and product information using the current location information collected from the Members’ mobile device.
  2. “Member” means a person who signs up for member after agreeing to the Terms and Conditions of Use of damda Platform and this T&C.
  • Any terms not defined in Paragraph 1 shall have the meanings outlined in the Terms and Conditions of Use of damda Platform, related laws, or used in general commercial practices.

 

Article 3 (Disclosure and Amendment of the T&C)

  • The Company discloses the T&C on the initial Service screen on the damda Platform for its Members to view. However, the Company may allow the users to view the T&C through a linked screen.
  • The Company reserves the right to change the T&C to the extent of not violating applicable laws and regulations, including the Act on the Regulation of Terms and Conditions and the Act on the Protection, Use, Etc. of Location Information. If the Company amends the T&C, the amended T&C, the then-current T&C, the effective date of, and the reasons for the amendment will be posted for seven days until the date immediately preceding the effective date using the method outlined in Paragraph 1 above. However, if such an amendment negatively affects Members’ rights or obligations or is about a material provision, the Company shall notify the foregoing for 30 days before the date of such an amendment’s effect.
  • Suppose a Member does not express his/her intent to consent or reject the changed T&C notified under the preceding paragraph before the date of such an amendment's effect. In that case, he/she may be deemed to have agreed to the changed T&C.
  • The matters not specified in the T&C or the interpretation thereof shall be in accordance with the Company’s policy, related laws and regulations, or general commercial practices. Members shall comply with all relevant laws and regulations when using the Services and shall not claim immunity from the related laws or regulations on the grounds of the T&C.

 

Article 4 (Company’s Policy and Service)

  • The Company may set separate policies and determine certain matters to maintain smooth service and protect its Members and change them if necessary.
  • Members shall check and comply with the Company’s policies.

 

Article 5 (Service Content)

  • The principle of using the Service is as follows:
  1. Members can freely browse product prices and other product information posted on the damda Platform.
  2. The Company may provide various services, such as product search, to enable its Members to use the service under Subparagraph 1.
  3. Upon the request for information disclosure or search of the Member, the Company provides search results based on the location information or the information on the adjacent area, such as shop information (including outlets, coffee shops, and restaurants), products information, and other shopping information related thereto.
  4. The fee on the Service specified in the above subparagraphs is free.
  • The Service characteristics and the Company’s limited liabilities are as follows:
  1. The Company collects or receives information for the Service provided on the damda Platform from its affiliates (natural persons or companies) or other information providers. The Company shall not be liable for the truthfulness, validity, factuality, or objectivity of such information.
  2. The Service on the damda Platform only intends to provide information to consumers and Members for rational shopping and advertisements. Therefore, the Company does not intervene in potential disputes in transactions between consumers and sellers as such transactions occur through autonomous decisions between consumers and sellers.
  • Members shall always be familiar with the Service-related terms and conditions, information usage rules, and other matters notified by the Company and bear all disadvantages arising from failing to understand the foregoing.

 

Article 6 (Utilization or Provision of Personal Location Information)

  • The Company automatically records the materials ascertaining the use or provision of the location information for fee settlement and claim processing purposes with other business operators or members. Such materials will be retained for a year.
  • Each time the Company provides the Member's personal location information to a third party designated by the Member, it will immediately send a message to the communication device from which the personal location information was collected or the Member's e-mail address, stating the date and purpose of the provision of personal location information. However, in the following case, the Company will send a prior message to the communication device or e-mail address:
  1. If the communication device does not support the function that receives text, voice, or video messages; or
  2. If the Member had requested to receive messages on a communication device or e-mail address other than the communication device from which personal location information is collected.

 

Article 7 (Rights Held by Subject of Personal Location Information)

  • Members may, at any time, fully or partially withdraw the consent given to the Company for the provision of location-based services using personal location information or the provision of personal location information to a third party. In this case, the Company shall destroy personal location information and data verifying the use and provision of location information.
  • Members may request, at any time, the Company to temporarily suspend collecting, using, or providing location information. In such cases, the Company shall not refuse such request and shall take technical measures accordingly.
  • Members may request the Company to permit them to inspect any of the following data or records or notify any of the following data or records and request the Company to correct any error found in relevant data or records. In such cases, the Company shall not refuse such request without good cause:
  1. Data verifying the collection, use, and provision of personal location information related to the principal;
  2. The ground on which their personal location information was provided to a third party under the Act on the Protection, Use, Etc. of Location Information or other statutes, and the relevant details.
  • Members may exercise their rights under Paragraphs 1 through 3 according to the Company’s predetermined procedure.

 

Article 8 (Rights Held by Legal Representatives)

  • Where the Company intends to provide location-based services using personal location information and obtain consent from Members under 14 years of age to provide their personal location information to a third party, it shall obtain consent both from the Members and their legal representatives. The legal representative who has agreed to the use or provision of personal location information has all rights attributed to the Members under Article 7.
  • Unless the Company has obtained consent from a subject of personal location information under 14 years of age and his/her legal representative, it shall neither use personal location information or data verifying the collection, use, or provision of location information beyond the scope specified in its terms and conditions or notified to the subject nor provide such information to any third party, except in the following cases:
  1. Where data verifying the use and provision of location information are required to calculate fees related to the provision of location information and location-based services; or
  2. Where data is processed so that any specific person cannot be identified and provided for statistics, academic research, or market research.

 

Article 9 (Rights Held by Legal Guardian of Child under Nine Years of Age)

① Where the legal guardian of any of the following persons gives consent to collecting, using, or providing personal location information regarding the child under nine years of age for the protection of the child’s health or safety, it shall be deemed that the child personally has consented thereto:

  1. A child under nine years of age;
  2. An incompetent person; or,
  3. A person with a mental disorder defined in Article 2 (2) 2 of the Act on Welfare of Persons with Disabilities, classified as a person with a severe disability defined in Article 2.2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities(limited to those registered as disabled persons under Article 32 of the Act on Welfare of Persons with Disabilities).
  • Any legal guardian who intends to consent to the use or provision of personal location information to protect the life and physical body of children under nine years of age shall submit written consent with evidentiary documents of his/her guardianship.
  • Any legal guardian who has agreed to the use or provision of personal location information of children under nine years of age shall have all rights attributed to those children.

 

Article 10 (Location Information Manager)

  • The Company appoints a Location Information Manager to supervise and protect the personal location information and settle user grievances.
  • The Location Information Manager is the head of the department that provides location-based services. Details are provided in Addenda hereto.

 

Article 11 (Service Characteristics and Disclaimer)

  • The Service is limited to collecting and posting information for Members to browse useful information in their shopping, such as store and product information, and obtain help with product transactions. In any case, the Company does not represent or act on behalf of anyone, including the seller, and does not bear any responsibility for the product transactions. The product transactions are carried out between Members and sellers as parties to the transaction at their discretion and responsibility.
  • Suppose any damage is incurred to a Member due to the Company's violation of Article 15 or 26 of the Act on the Protection, Use, Etc. of Location Information. In that case, the Member can file compensation for damages against the Company. The Company may avoid responsibility by proving that its actions are by no intention or negligence.
  • If the Company cannot provide the Service temporarily or permanently due to natural disaster or equivalent force majeure, maintenance/replacement/breakdown of the information communication facilities, or the communication failure, it shall assume no liability for any damages. In this case, the Company notifies the Members on the damda Platform or by other methods.
  • The Company assumes no liability for Service interruption due to any reasons attributable to a Member.
  • The Company shall provide no guarantee of credibility or accuracy of any information, data, or fact it or Members post for the Service, and shall assume no responsibility for any Members or third parties’ damages caused by relying on such information, data, or fact.
  • The Company and sellers operate their sales activities independently, and the Company assumes no liability for the sellers’ activities.

 

Article 12 (Governing Law and Dispute Resolution)

All disputes arising out of or in connection with the T&C shall be governed by the law of the Republic of Korea. Any lawsuit arising out of the T&C, to which the Company is a party, shall be submitted to the Seoul Central District Court, referred to as the exclusive competent court of the first instance.

 

Article 13 (Others)

  • The Company has established and operates a Customer Center to hear and resolve legitimate opinions or complaints raised by Members and mediate disputes between Members. If the Company determines that Members’ complaints and opinions are legitimate, it shall promptly handle them or notify the reason and processing period if immediate handling is difficult.
  • The Company may submit a request to the Personal Information Dispute Mediation Committee for mediation under the Personal Information Protection Act if parties to a dispute over location information do not or cannot reach an agreement.
  • The Company’s Information
  1. damda.Com Company Limited
  2. Address: (5th Fl. Rooke-Bud Building) 39 Dasan-ro 47-gil, Jung-gu, Seoul
  3. Person in Charge: Yongsan Shin
  4. Business Registration No.: 316-86-01290