Article 1 General Rules
Article 1 (Purpose)
The purpose of this Agreement is to set out the basic terms and conditions of the use of the downloading and perpetual license version conversion services (the “Services”) provided by SBCK Corp(the “Company”) for SAMSUNG SIDESYNC (the “Product”) at purchasegate.com between the Company and the purchasers of PCs manufactured by Samsung Electronics Co., Ltd. (the “Users”).
Article 2 (Definitions)
In this Agreement, the following words and or expressions shall have the meanings set out below:
1.“User” means any individual who has agreed to the terms of this Agreement and entered into the Use Agreement with the Company by accessing the Services homepage managed by the Company (http://www.purchasegate.com).
2.“Order Number” means any combination of letters and numbers given by the Company at the time when the User applies for the use of the Services, which is used to distinguish each User and to enable the User to use the Services.
3.“Serial Number” means a starting key necessary for the conversion of the trial version of the Products (Free Services) to the perpetual license version (Paid Services), which is a combination of letters and numbers provided by the Company at the time when the Company enters into the Paid Services Use Agreement.
4.“Termination” means an indication made by the Company or the User to terminate the Services Use Agreement following the start of the Services.
5.“Paid Services” means regular services whereby the User purchases and uses the relevant Services by paying the Service fees specified by the Company.
6.“Free Services” means services provided for free during a fixed period of time to the Users, who wishes to use such Services in order to learn the function thereof and how to use such Services prior to purchasing the Paid Services.
Article 3 (Effectiveness; Amendment)
1. This Agreement shall become effective, as part of the Use Agreement, simultaneously with when the application is filed by the User for the use of the Services.
2. This Agreement shall be publicly disclosed online on the first page of the Services homepage operated by the Company (http://www.purchasegate.com) and shall become effective when the User agrees to the terms of this Agreement.
3. Except as separately notified depending on type of the Services, the term of this Agreement shall be from the date on which the User applies for the Services Use Agreement until the date on which the Services are Terminated.
4. The Company may amend this Agreement so long as it does not breach the related regulations such as the Regulations of Standardized Contract Act, the Information Communication Network Use Promotion and Information Protection Act, etc.
5. In the event the Company amends this Agreement, it shall notify the grounds for and effective date of such amendment, together with the current version of this Agreement, on the first page of the Services homepage during the period of seven (7) days prior to the effective date thereof until one (1) day prior to such date. Provided, however, that for any changes that may be disadvantageous to the Users, the Company shall amend this Agreement by giving thirty (30) day or more prior notice. In that event, the Company shall clearly compare the terms of this Agreement before and after such change, so that such could be easily understood by the Users.
6. In the event the Company clearly expresses, while publicly disclosing or notifying about the amended Agreement pursuant to Article 3(6), that the User shall be deemed to have expressed its opinion if the User does not express its intent within thirty (30) days and the User does not explicitly express its intent to reject such changes within the said period, the User shall be deemed to have agreed to the amended Agreement.
7. If the User notifies of its intent to reject the amended Agreement within the above period, the Company shall not apply the amended Agreement. In that event, the User may Terminate the Use Agreement within fifteen (15) days from the date on which the User has notified of its intent to reject. In addition, the Company, may Terminate the Use Agreement at any time under special circumstances where the existing Agreement cannot be applied.
Article 4 (Additional Rules)
1. When necessary, the Company may determine the terms of separate agreements or operational rules in respect of individual items within the Services. In the case of where there is a conflict between this Agreement and the contents of the Services, the contents of the Services shall prevail.
2. To the extent that the personal information handling policy, the limits on liabilities and legal notifications posted on the Services’ homepage of the Company are not in conflict with this Agreement, they apply to the Users.
3. Any matters not set forth in this Agreement shall be interpreted in accordance with the related laws, objective of this Agreement and the practice of the business in the same line of business as the Company.
Part 2. Services of the Use Agreement
Article 5 (Execution of the Use Agreement)
1. The Use Agreement is executed when any party (the “Applicant”), who wishes to become the User, consents to the terms of this Agreement, personal information handling policy, limits on liabilities and legal notification, applies to become the User and the Company approves such application.
2. When applying for the use of the Services, the Applicant must enter the information pertaining to itself under its name. In the event the Applicant illegally uses the information held under the name of another person, the Applicant cannot receive any legal protection, and the Company may rescind its approval later.
3. When necessary for certain Service products provided by the Company, the Company may request the User to provide additional information.
4. In respect of the application made pursuant to Article 5(1), the Company may request a specialized agency to confirm the real name of the User and authenticate the User, depending on the type of the Users.
5. In the event there is any change made to the personal information provided to the Company, the User must immediately correct such information. The Company shall not be held responsible for any losses incurred by the User arising out of any delay in making such correction.
6. In the case of where the User of the Services and a payer for such Services are different, the Company may request for various evidentiary materials in order to confirm the foregoing.
7. The Use Agreement is entered into as of the date indicated by the Company as the date on which the application is completed during the application procedures; provided, however, that in the case of the Paid Services, the Company may enable the User to use such Paid Services immediately after the Company confirms the payment of the fees.
8. Under the Korean Civil Code, in the event any under aged User wishes to use the Paid Services, such User is required to obtain the consent of its legal representative prior to making any payment therefor.
Article 6 (Application and Approval for Use of Services)
1. In order to utilize the Services, the Applicant must enter the information required by the Company in the application form (such as name, email address, country, type of computer, etc.) and applies for the Services.
2. All information of the Applicant entered in the application form shall be deemed as the actual information. Any User, who fails to enter the actual information such as the real name, is not entitled to receive any legal protection or to claim any rights and may be restricted in using the Services.
3. In principle, the Company approves the use of the Services for the application filed in accordance with Article 5; provided, however, that the Company may not approve, or otherwise Terminate the Use Agreement at any time relating to, any application falling under any of the following categories,:
a. When the application is filed under the name of a different person;
b. When the application is filed for purposes of destructing peace and order of the society or public morals;
c. When the application fails to satisfy criteria determined by the Company;
d. When the Applicant intends to use the Services contrary to the objectives and method of the use determined by the Company;
e. In the case of the Paid Services, bankruptcy, revitalization or any similar proceedings have commenced against the User or petition for such proceedings has been filed;
f. When the Applicant, who is less than fourteen (14) years old, fails to obtain the consent of his/her legal representative (parents, etc.);
g. When the Applicant has previously forfeited the membership pursuant this Agreement, except for situation where such Applicant’s reapplication has been approved by the Company; or
h. When it is determined that the approval is impossible due to a cause attributable to the User
4. Notwithstanding anything to the contrary contained in the previous clause, the Company may restrict the application falling under any of the following categories and may defer the approval until the grounds for such deferral have been removed:
a. When the Company does not have enough facilities related to the Services;
b. When there is technical impediment;
c. When it is acknowledged that such restriction or deferral is necessary due to circumstances of the Company
5. In the event that the Company defers or does not approve the application filed to use the Services pursuant to Articles 6(3), 6(4) and 6(5), the Company shall notify of such to the Applicant, except where such notification cannot be made due to a cause not attributable to the Company.
6. All IDs of the User who has applied for the use of the Services under the name of a different person (name and resident registration number) shall be deleted, and such person may be punished in accordance with the related laws.
Article 7 (Management of the User Information, Etc.)
1. The Company shall post on the Service homepage the major terms of the basic agreement and process the application by obtaining the consent of the User therefor.
2. The basic policy of the Company is to have one (1) User use one (1) Order Number for one (1) unit of the Products. In order to effectively implement such policy, the Company may take appropriate measures such as blocking overlapping access, PC authentication, etc.
3. The sharing of the Order Number or Serial Number with such numbers leaked by the Users constitutes an act of infringing the rights of the Company such as copyright which is strictly restricted.
4. The User has the responsibility to manage the Order Number and the Serial Number. In the event that a third party wrongfully uses the Order Number or Serial Number of the User due to negligence of the User in managing such numbers, the User shall be responsible for all disadvantages arising in connection with such wrongful use; provided, however, that if such wrongful use by a third party is caused by a willful or gross negligence on the part of the Company, the User shall not be responsible.
Article 8 (Duty to Protect Personal Information)
The Company shall make an effort to protect personal information of the Users in accordance with the Information Communication Network Use Promotion and Information Protection Act, the Personal Information Protection Act and other related laws. For the protection and use of the personal information, the related laws and the personal information handling policy of the Company apply; provided, however, that the personal information handling policy of the Company does not apply to any linked sites other the official cite of the Company.
Article 9 (Consent to the Use of Member Information)
1. The Company uses the personal information of the User entered in the application form pursuant to Article 6 for purposes of performing its obligations and providing the Services under the Use Agreement.
2. The information of the User may be provided to any companies which form alliances with the Company; provided, however, that before providing such information, the Company shall (i) notify, in advance, the User of to whom such information is provided, the purpose of such provision, type of information to be provided, for how long such information will be kept and used, the fact that the User has the right to refuse to give consent thereto and any disadvantage the User may experience should it refuses to give consent and (ii) obtain the consent of the User.
3. The User is entitled to access and amend the personal information of the User at any time by amending the information.
4. When the User enters the personal information in the application form and applies for the use of the Services to the Company in accordance with this Agreement, it shall be deemed that the User has consented to such personal information being collected, used and provided by the Company in accordance with this Agreement.
Article 10 (No Transfer or Assignment)
The right of the User to receive the Services cannot be transferred or given, nor can such right be used to create any security interest.
Article 11 (Termination of Agreement; Use Restriction)
1. The Services Use Agreement may be Terminated, when the User applies to terminate the Services and the Company approves it, or when the term of the agreement (which is specified at the time when the agreement is executed) expires.
2. In the event there is any amount to be refunded at the time when the Paid Services Use Agreement is terminated, such refunds shall be made. All refunds shall be made in accordance with Article 15.
3. In the event a separate Paid Services agreement provide the method and effects of Termination, that are different from those provided in Article 11(1) of this Agreement, the terms of the separate agreement shall be complied with for all matters related to the Termination of the separate Paid Services agreement.
4. Any User, who wishes to Terminate the Use Agreement, shall access the homepage and personally apply for the Termination, and the Company shall immediately process such request in accordance with the related laws.
5. In the event the User terminates the Use Agreement, except where the Company retains the personal information in accordance with the related laws and the personal information handling policy, all data of the User shall become extinct immediately upon the Termination.
6. The Company may Terminate the Use Agreement after providing the advance notice thereof, or suspend the use of the Services during a fixed period of time, when the User has committed any of the following acts; provided, however, that in the case of situation where urgency is required, the Company may arbitrarily take the appropriate measures, in which case the User is not entitled to claim any rights related to the Services. When the User has:
- joined the Services by using the name of a different person;
- intentionally disturbed the operation of the Services;
- intentionally disseminated the contents that are destructive to the public order and public morals;
- used the Services for purposes of impeding the social good or has planned therefor
- committed an act that caused defamation of or disadvantages to another person;
- transmitted a large volume of information or advertising information for purposes of disturbing the stable operation of the Services;
- disseminated computer virus programs which cause malfunction of information communication facilities or destruction of the information;
- infringed the intellectual property right of the Company, another User or other people;
- received a request to remedy from outside institutions such as the Korea Internet Safety Commission or received the authoritative interpretation of the National Election Commission in connection with illegal campaigning;
- illegally used the personal information, Order Number and the Serial Number of another person;
- duplicated, distributed or otherwise used commercially the information it has acquired by using the Service information of the Company without the prior consent of the Company;
- posted obscene materials to the bulletin board of the Services or created link to obscene materials sites;
- commercially used or resold the Services without entering into a separate agreement with the Company
7. Notwithstanding the foregoing, the Company may permanently suspend use of the Service in the event a User steals name or payment information in violation of the Resident Registration Act, offers illegal program or interferes with operation of the Service in violation of the Copyright Act, engages in illegal communication or hacking, distribution of malicious program or unauthorized access in violation of the Act on Promotion of Information and Communications and Information Protection or violates other applicable law. A User who is permanently suspended from use of the Service in accordance with this paragraph cannot claim any rights related to the Service.
8. A Terminated User can no longer use the Service, and the Company does not take any responsibility for any user information lost after such Termination.
9. A User shall compensate for any damages sustained by the Company or other User arising from Paragraph 6 or Paragraph 7.
Article 12 (Retention of Data)
1. The Company may retain personal information of Users until termination of applicable business and use them for the purpose of providing the Service, and user data will be retained for the following period after expiry of period of use in respect of such user data:
• Records concerning contract or withdrawal: five (5) years
• Records concerning payment or supply of goods: five (5) years
• Records concerning customer complaint or dispute resolution: five (3) years
2. In the event a User terminated Use Agreement or otherwise requested deletion of data upon expiry thereof, the Company shall immediately delete applicable data.
Part 3. Operation of Service and Charges
Article 13 (Operation of Service)
1. The Company shall provide Adobe Photoshop Elements 11 software, which is a video and photo editing solution that enables a User to edit various multimedia contents from his or her PC.
2. Although the Services are provided at charge, it may be provided free-of-charge for a certain period of time to a User who wishes to learn how to use the Service and its functions.
3. A User may submit ideas to the Company for improvement of the Service. If needed, the Company may provide the Service reflecting such idea, in which case any intellectual property right to an end-product developed by using such idea suggested by a User shall be vested in the Company.
4. The Company may, from time to time, notify Users of information regarding changes to this Agreement, service maintenance, changes to service, operation of service, etc. via its website, and Users shall occasionally check such notifications. The Company shall not be responsible for any damages sustained by Users from not checking such notifications. The Company shall send a separate notification e-mail to Users if it is reasonably foreseeable that any material and apparent damages will occur to Users, e.g., changes to Paid Services.
5. Free Services may be changed or discontinued entirely or partially without consent of Users based on the Company’s circumstance and, except as otherwise provided in applicable law, the Company will not compensate Users in connection therewith.
6. The Company may set the time period for which each Service can be used, and such information will be notified in advance.
7. The Company shall be released from any responsibility to provide Service in the event it can no longer provide the Service by reason of force majeure or other situation beyond reasonable control of the Company.
8. The Company shall be responsible for any service interruption caused by User’s own fault.
Article 14 (Payment of Service Charges)
1. Specific service charges shall be notified on applicable service website or product information webpage.
2. In principle, a User must pay applicable service charge before using any Paid Services.
3. Service charges for Paid Services provided by the Company may be paid by mobile phone, credit card, landline, wire transfer, etc. and each Paid Services may require different payment methods.
4. The Company may additionally request User’s personal information required for processing payment, in which case the User shall provide accurate information. The Company shall not be liable for any damages sustained by User arising from false or inaccurate information provided by the User, unless intentionally or negligently inflicted by the Company.
5. In the event of any increase or decrease in charges during use of the Service, the Company does not additionally charge or refund money that has been already paid.
Article 15 (Refunds)
1. In principle, Paid Service that has been fully paid cannot be cancelled by a User and is not refundable.
2. Notwithstanding the foregoing, the Company shall fully refund the charge in the following circumstances:
A. In the event a User mistakenly overpaid the charge (refunded to the extent of the amount overpaid)
B. In the event a User could not use the Service due to service interruption or due to the Company’s fault despite being equipped with minimum system requirements suggested by the Company
C. In the event the Service purchased by a User has not been provided
D. In the event the Service provided is different or substantially different from what is advertised or indicated
E. In the event normal use of the Service provided is clearly impossible due to defect
3. A User may dispute the service charge; provided, however, that such objection must be raised by no later than one month from becoming aware of the ground for the objection or three months from the date of the event giving rise to the objection.
4. In the event the Company limits a User’s use of the Service or terminates Use Agreement due to the User’s violation of Article 21, the Company does not give any refund to the User in any event.
5. In principle, the Company makes refunds by using the same method that a User used in his or her payment for applicable Service; provided, however, that if such method is impossible or in case of partial refunds due to early termination of Service, such refunds will be made by means to be determined by the Company.
6. Any refunds in accordance with this Article will be paid within three business days from the date when the refund obligation arises, after which delay interest will accrue at 11% per annum; provided, however, that such interest will not accrue if a User does not cooperate with the refund.
7. Any costs arising from such refund will be borne by a User (if such refund is made due to a fault of the User) or the Company (if such refund is made due to a fault of the Company).
Article 16 (Information Related to Service)
The Company may provide various information that it deems to be necessary for use of Service to Users via email or web posts. A User may unsubscribe from receiving such information either from website or email. However, a User may not unsubscribe from receiving e-mail notification regarding the Service.
Article 17 (Advertisement)
1. The Company may post advertisements on Service screen, webpage, emails, etc. in relation to operation of the Service.
2. The Company shall not be responsible for any losses or damages arising from User’s participation in, correspondence with or transaction with advertiser’s promotional activities posted on the Service.
Article 18 (Limitation and Suspension of Service)
1. The Company may partially or entirely limit or suspend the Service in the following situations:
- necessary repair, regular maintenance or other works on equipments used for Service
- in the event a telecommunication service provider under the Telecommunication Business Act ceases telecommunication service
- in the event of war, natural disaster or other equivalent national emergency, or if such event is reasonably foreseeable
- in the event use of Service is impaired due to equipment malfunction or high traffic
- in the event the Company believes that an inappropriate post (e.g., obscene or indecent post) has disrupted or will endanger majority of Users’ healthy use of the Service
2. If the Company partially or entirely limit or suspend the Service in accordance with the foregoing paragraph, the Company shall notify Users of the reason and the period of such limitation or suspension. In the event there is an unavoidable circumstance where the Company cannot notify in advance, the Company may give such notification afterwards.
3. If necessary for the Service, the Company may conduct regular maintenance during the time which the Company has notified on the Service webpage in advance.
Article 9 (Limitation of Liabilities)
Except as otherwise agreed by the Company in writing, the Company shall be responsible for any consequences, losses or legal actions arising from User’s sales or business activities using the Service.
Part 4. Obligations of the Parties
Article 20 (Obligations of the Company)
1. If a User’s opinion or complaint is deemed reasonable by the Company, the Company shall immediately resolve such issue; provided, however, that if such issue cannot be dealt with immediately, the Company shall notify the User of the reason and expected process schedule via email, etc.
2. The Company shall consistently take effort to offer continuous and stable Service and shall repair or restore any impairment to or loss of equipments. However, the Company may temporarily suspend or cease the Service in the event of natural disaster, emergency or other unavoidable circumstances. This obligation does not apply to Free Services.
3. Service shall be available for use 365 days and 24/7; provided, however, that the Company may temporarily close the Service during certain period of time specified by the Company for technical or business reasons, in which case it will be notified in advance or afterwards through the website.
4. The Company shall take effort to provide convenience to Users in respect of execution of Use Agreement, amendment to or termination of the contract and procedures and terms related to the contract.
5. The Company shall have security system for protection of personal information (including credit information) in order to enable User’s safe use of the Service, and shall publicly announce and abide by its personal information handling policy.
6. The Company abides by the Act on Promotion of Information and Communication Network and Information Protection, the Communication Secrecy Protection Act, the Telecommunication Business Act and other applicable law associated with operating and maintaining the Service.
Article 21 (Obligations of User)
1. A User shall comply with this Agreement, applicable law and matters announced through service use information, and shall not engage in any act that obstructs the Company’s business.
2. A User shall not engage in the following act, in violation of which the Company may delete the User’s materials without notice or partially or entirely limit use of the Service.
A. An act of stealing other User’s identity
B. An act of copying, publishing, broadcasting or disclosing to a third party without the Company’s prior consent for the purpose other than use of the Service any information obtained from the Service
C. An act of posting or distributing via e-mail or other means any materials that infringes upon another person’s patent, trademark, trade secret, copyright or other intellectual property right.
D. An act of disrupting stable operation of the Services by transmitting large volume of information or consistently transmitting promotional information against recipient’s will (e.g., Mail Bomb, Spam Mail, etc.).
E. An act of distributing computer virus program or others that causes service error or destruction of information.
F. In the event of administrative request for rectification issued by the Korea Internet Safety Commission or authoritative interpretation by the National Election Committee in connection with illegal election campaign
G. An act of transmitting, posting, e-mailing or otherwise distributing insulting or threatening contents that may infringe upon another person’s privacy
H. An act that can be reasonably determined to be associated with a crime
I. An act of collecting or storing another User’s personal information within the Company’s consent or other act in violation of applicable law
3. User shall have any responsibility for managing his or her Order Number and Serial Number, and shall not let a third party to use such numbers. User shall be responsible for all consequences arising from wrongful use or negligent management of Order Number and Serial Number given to the User.
4. A User must notify the Company immediately upon knowing that his or her Order Number or Serial Number has been stolen or wrongfully used by a third party, and must follow the Company’s instruction. The User shall be responsible for all consequences arising from not notifying the Company or not following the Company’s instruction.
5. Unless expressly agreed by the Company, a User shall not transfer, assign or donate this Agreement to a third party and shall not grant security interest over this Agreement.
Part 5. Indemnification and Miscellaneous
Article 22 (Indemnification)
1. Except as otherwise provided in applicable law, the Company does not compensate for any damages incurred from using the Service free of charge.
2. The Company is released from obligation to offer Services in the event of war, natural disaster, national emergency or other equivalent event beyond reasonable control of the Company.
3. The Company does not take responsibility for any impairment to use of Services caused by User’s own fault.
4. The Company does not take responsibility for loss of data that User requested to be deleted and for data that has been automatically deleted upon User’s Termination of Services.
5. The Company does not take responsibility for any loss of profit that User expected to generate from using Services or for any damages caused by data obtained through Services.
6. The Company does not take responsibility for reliability or accuracy of contents, information, data or facts provided through Services.
7. The Company does not take responsibility for any damages caused by User’s fault, whether intentional or negligent, in connection with use of Services.
8. The Company does not take responsibility for any problems caused by User’s computer or circumstances beyond the Company’s control or by network hacking, etc. that cannot be defended with current security technologies.
9. The Company does not have obligation to intervene in a dispute between Users or between a User and a third party with respect to Services and does not have obligation to compensate for any damages arising therefrom.
10. The Company does not take responsibility for any damages arising from User’s disclosure of his or her Order Number or Serial Number to a third party.
Article 23 (Notice)
1. Except as otherwise provided in this Agreement, the Company may give notice to e-mail addresses registered to Services.
2. With respect to notice for all Users, the Company may post such notice on Service website for seven (7) days or more in lieu of the notice under the foregoing Paragraph 1. However, with respect to matters that can materially affect User’s transactions, the Company shall post such notice on Service website for reasonable period and give notice to each User’s e-mail address registered to Services.
Article 24 (Governing Law and Jurisdiction)
1. Any lawsuits between the Company and a User shall be governed by the law of the Republic of Korea.
2. If a lawsuit is instituted despite the parties’ best efforts to resolve a dispute, such lawsuit between the Company and a User shall be brought in the jurisdiction of User’s address at the time of filing of the lawsuit, and if the User does not have an address, such dispute shall be submitted to the exclusive jurisdiction of the court having jurisdiction over where the User resides; provided, however, that if the User’s address or residence is unclear or if the User is a foreigner, such dispute shall be submitted to the competent court having jurisdiction under the Civil Procedure Act of Korea.
This Agreement shall take effect from 1 January, 2013
Personal Information Handling Policy
SBCK Corp. (the “Company”) actively protects personal information of customers, users, etc. (collectively, “Customers”), which the Company collects and processes online,
This Personal Information Handling Policy shall take effect from January 1, 2013.
1. Categories of Personal Information Processed
The Company collects the following personal information from its website to offer services:
- Name, email address, country, service application information, surveys, IP address, cookies, date and time of visit, service use log, payment-related information
2. Purpose of Processing Personal Information
The Company uses the collected personal information for the following purposes:
- providing contents
- providing products and services
2. Member management
- processing customer complaints, such as payment errors
- Developing and customizing of new service (product); delivering advertisement materials for events; service offering and advertisement posting following demographic characteristics; obtaining statistical data regarding frequency of visit and member’s use of service
3. Period of Use and Retention of Personal Information
The Company destroys personal information of a customer without delay upon accomplishing its intended purpose of collecting or receiving the personal information. However, if relevant laws and regulations such as the Korean Commercial Code prescribe a certain retention period, the Company retains relevant information even after the accomplishment of the intended purpose of collecting or receiving the personal information.
4. Disclosure of Personal Information to a Third Party
Except when a customer has given his consent or where it is required by law, under no circumstances does the Company disclose personal information of a customer to a third party or use it beyond the scope notified to the customer under this Policy. If the Company seeks to disclose personal information of a Customer to a third party, the Company gives the customer prior written or e-mail notice of, and then seeks the Customer’s consent with respect to, the following matters: (i) identity of person receiving or sharing the personal information; (ii) such person’s purpose of using the personal information; (iii) categories of personal information to be disclosed or shared; (iv) period of retention and use of personal information; (v) Customer’s right to refuse to give consent; and (vi) disadvantages, if any, for refusing to give consent. However, pursuant to relevant laws and regulations, the Company may disclose personal information without a Customer’s consent in the following cases:
- If disclosed in the course of performing a contract to provide services;
- If disclosed as required by relevant law or requested by an investigating agency for investigation purposes pursuant to procedures and methods prescribed by law; or
- If disclosed for statistical preparation, scholarly study or market research purposes in a form that makes it impossible to identify a particular person.
5. Entrustment of Handling of Personal Information Handling and Disclosure of Personal Information
For the performance of services, the Company entrusts the handling of personal information to the following companies, and the entrusted companies may process personal information for applicable purposes.
Entrusted Company Entrusted Work
Ydiom Co., Ltd. Management and maintenance of website
Exim Bay Service charge payments and response to payment errors
Inicis Service charge payments and response to payment errors
Adobe Systems Incorporated Customer service regarding use of services
If the Company entrusts the handling of personal information to third parties, in order to ensure the protection of personal information, the Company clearly prescribes the following matters and preserves the details of the contracts concerned in paper or electronic format: strict compliance with instructions regarding protection of personal information; preservation of confidentiality of personal information; non-disclosure to third parties; assumption of responsibilities in case of accidents; entrustment period; and return or destruction of personal information upon termination of processing, among other matters.
6. Rights and Obligations of Personal Information Provider; Method of Exercise of Rights
Customers may exercise the following rights:
A Customer at all times can make a request to browse, correct or delete, or discontinue the handling of, personal information or withdraw its consent. If any such request is sought to be made, please call the Company’s main number at +82-2-2187-0114 or call, email or write to the person responsible for protection of personal information. Upon confirming the identity of the Customer, the Company will take action without delay.
The Company may reject the foregoing request only if so provided in applicable law or if there is equivalent reasonable cause.
If a Customer makes a request for the correction of an error in his or her personal information, the Company does not use such personal information or disclose it to a third party until the correction is completed. Moreover, if the Company has already disclosed the incorrect personal information to a third party, the Company will notify the third party of the correction without delay to enable the correction to be made.
With respect to personal information for which a Client has made a request for removal, the Company handles such personal information pursuant to its retention and usage period policy and as prescribed under relevant laws and regulations, and prohibits the review and usage of such information for other purposes.
A Customer is responsible for any accidents arising from incorrect information he has entered. A Customer is required to correctly update personal information to prevent any unexpected accidents.
Together with his/her rights to receive protection of personal information, a Customer also has an obligation to protect himself/herself and not to infringe upon another person’s personal information. A Customer must act with caution to prevent the leakage of his/her own personal information and pay attention to avoid impairing the personal information of another person. If a Customer fails to act responsibly and thereby impairs the personal information and dignity of another person, the Customer may be subject to penalty under relevant laws and regulations.
In principle, the Company does not collect personal information of Customers who are minors. In unavoidable circumstances where the personal information of a minor is required for payment and product shipment, etc., the Company will procure in advance consent of his/her legal representative and destroy the personal information of the minor without delay immediately after completing the relevant work. The Company will thoroughly manage the personal information of minors while handling the relevant work.
7. Method and Procedure for Destruction of Personal Information
Once the purposes are attained, the relevant personal information of customers, etc. will be transferred to a separate DB and destroyed after certain period of time, in the event that it is necessary to retain such information in accordance with internal policy and other related laws and regulations. Such information will be not be used for any other purposes than to be retained, unless otherwise required under the laws. All personal information printed out in paper will be shredded by using shredder or incinerated. All personal information saved in the form of electronic files will be deleted by using a technical method which makes the files irrevocable.
8. Protection Measures for Securing Stability
A. Administrative Measures for Protection of Personal Information
1) The Company designates a responsible person and a person in charge for protection of personal information for safe handling of personal information. The Company establishes and implements internal management plans.
2) The Company establishes and implements education plans for its employees, delegates and others who are directly in charge of processing personal information.
3) The Company periodically conducts an internal audit in accordance with the internal management plans.
B. Technical Measures for Protection of Personal Information
1) The Company controls access to the personal information, and restricts and manages the access rights.
2) The Company keeps the records of the access authority management in respect of personal information and maintains such records for a certain period of time.
3) The Company installs and operates an intrusion blocking/prevention system to prevent any unauthorized access to personal information. In addition, safe access measures, such as a virtual private network when accessing from outside, are applied.
4) The Company has the personal information, such as sensitive information or distinct identification information, encrypted as required under the related regulations when receiving, sending or saving such information.
5) The Company installs and periodically updates programs to fix and supplement security defects in software, including operating systems.
C. Physical Measures for Protection of Personal Information
The Company takes measures to prevent physical access, including restriction on access and placing locks, for safe retention of the personal information.
9. Person in Charge of Protection of Personal Information
The Company has the following persons designated as a person responsible for and a person in charge of the personal information in order to protect personal information of customers, etc. and to handle complaints and inquiries of the customers relating to the personal information:
Person In Charge of Protection of Personal Information
Name: Eric Chung
Department/Title: Service Planning/Manager
10. Collection of Customers Information through Cookie
11. Amendment of this Personal Information Handling Policy
In the event the Company amends this personal information handling policy, the Company discloses the contents and effective date of such amendments in a consistent manner. The Company discloses the amended terms by comparing the contents before and after the amendment, so that those could be easily confirmed by the customers, etc.
12. Customers Services Center for Infringement of Personal Information
The contact information of customer center dealing with infringement of personal information is as follows:
- Responsible Division: Service Planning Division
- Responsible Person: Eric Chung
- Contact Number: +82-2-2187-0015
Personal information handling policy version number: v.1.0.
Effective date of personal information handling policy: January 1, 2013