Terms of Use for Location-Based Services

Article 1 (Purpose):

This agreement refers to the subject of personal location information of users who agree with MOCA System’s Terms of Service, hereinafter referred to as the “Member.” Airfob Space and other related software and services are provided by MOCA System, hereinafter referred to as the “Company.” The purpose of this agreement is to define the rights, obligations, and other necessary matters of the Company and Members in using all products and services, hereinafter referred to as the “Services,” related to mobile access.

Article 2 (Effect and Changes to the Terms of Use)

① These terms and conditions take effect when a customer who has applied for the service or a subject of personal location information agrees to these terms and conditions and registers as a Member of the service, following the procedure prescribed by the Company.

② If a Member clicks the “Agree” button for these Terms and Conditions online, it is deemed that they have read and fully understand the contents of these Terms and Conditions, and agree to their application.

③ The Company may amend these terms and conditions to the extent that they do not violate relevant laws and regulations, if necessary to reflect changes in location-based services, the Act on Protection and Use of Location Information, the Content Industry Promotion Act, the Act on Consumer Protection in Electronic Commerce, the Framework Act on Consumers, and the Regulation of Terms and Conditions Act.

④ If the Company revises the terms and conditions, the date of application, the reason for the revision, current and revised terms and conditions, and the statement that failure to express agreement or rejection by the date of the application constitutes agreement to the revised terms and conditions shall be specified. The following methods shall be used to post and notify the Members: Posting on the service homepage, etc.: 7 days prior to the effective date of the revised terms and for a reasonable period after the effective date Individual notification to Members in electronic form (e-mail, SMS, etc.): 7 days prior to the date of application of the revised terms and conditions.

⑤ Even after posting and notifying the Company in accordance with the preceding paragraph, if a Member does not express their intention to agree or reject the revised terms and conditions by the date of application of the revised terms and conditions, the Member is deemed to have agreed to the revised terms and conditions.

⑥ If a Member does not agree to the revised terms and conditions, the Member or the Company may terminate the use contract.

Article 3 (Application of Relevant Laws)

These Terms and Conditions shall be applied fairly according to the principle of good faith. Matters not specified in these Terms and Conditions shall be governed by relevant laws or commercial practices.

Article 4 (Contents of Service, etc.)

① The Company does not collect personal location information. The Member is responsible for collecting personal location information, and the personal location information stored by the Member in the service provided by the Company is not used by or provided to third parties.

② The purpose and retention period of service and personal location information stored by the Company are as follows:

Service Name

Service Content and (Possessed) Purpose

Retention Period of Personal Location Information

Airfob Space 1.0

Based on member location Purpose of providing entry/exit service through mobile devices

Until membership withdrawal or withdrawal of consent

Airfob Space 2.0

Based on member location Purpose of providing entry/exit service through mobile devices

Until membership withdrawal or withdrawal of consent

Airfob Portal 1.0

Location information collected by members on the manager site is provided as a service

Until membership withdrawal or withdrawal of consent

Airfob Portal 2.0

Location information collected by members on the manager site is provided as a service

Until membership withdrawal or withdrawal of consent

The Airfob App will request that users allow the use of location information services. This allows the app to run in the background while maintaining security. It is not related to the processing of location information. For a more detailed explanation, please check the following link.
https://airfob.zohodesk.com/portal/en/kb/articles/location-services-faq

③ In accordance with Article 16 (2) of the Location Information Act, the company shall automatically record and preserve data confirming personal location information, use, and provision for at least six months.

④ Once the purpose of using or providing personal location information is achieved, the Company immediately destroys the personal location information. However, if the information must be retained according to applicable laws or the member in question has separately agreed to the retention of their personal location information, the information can be retained for up to one year from the time the member consented.

Article 5 (Service Fees and Conditions)

Some services provided by the Company are free. However, in the case of a separate paid service, users must pay the fee specified for the service to use it.

Article 6 (Addition/Change of Services):

If the Company needs to add or change services, it shall post and notify users in accordance with Article 2, Paragraphs 4 to 5, and reflect the changes to the content in Article 4.

Article 7 (Restriction and Suspension of Service Use):

① The Company may restrict or suspend the use of some or all of the service in the event of any of the following reasons:

  1. If a user intentionally or through gross negligence interferes with the operation of the Company’s service.
  2. If it is necessary for service facility inspection, repair, or construction.
  3. If the telecommunications service is suspended by a telecommunications service provider stipulated in the Telecommunications Business Act. 
  4. In case the Company deems it inappropriate to continue providing the service due to other serious reasons.
  5. In case the company deems it is inappropriate to continue providing the Service due to other significant reasons

When the Company achieves the purpose of using or providing personal location information, it will immediately destroy the information. However, in the case of the ‘Airfob Space’ service, where a user stores personal location information along with access information on the administrator’s site, the access information is stored together with the personal location information for up to one year.

Article 8 (Use or Provision of Personal Location Information)

① The Company provides a service that can store personal location information but does not use the Member’s personal location information to provide the service. Saved location information can only be used and provided by Members.

② When the Company provides personal location information to a third party designated by the member, the company notifies the member in advance of the recipient and purpose of the provision and obtains consent.

③ If personal location information is provided to a third party designated by the member pursuant to Paragraph 2, the person to whom the personal location information is collected, the communication terminal device or e-mail address, etc. that is provided to the member each time, the date and time of provision, and the purpose of provision (hereinafter referred to as “information provision details”) is immediately notified.

 

Article 9 (Restriction on Use or Provision of Personal Location Information)

 The Company shall not use or provide personal location information or location information unless there is consent from the Member or if it falls under any of the following subparagraphs in accordance with the Terms of Use.

  1. When data confirming the use and provision of location information is required for the settlement of charges for the provision of location-based services
  2. In case a specific individual is processed and provided in an unrecognizable form for statistical writing, academic research, or market research

Article 10 (Rights of Subjects of Personal Location Information and How to Exercise Those Rights)

① Members may withdraw all or part of their consent to the Company for the provision of location-based services using personal location information and the provision of personal location information to third parties at any time. If this occurs, the Company shall destroy the personal location information, use of location information, and confirmation of the fact of provision. However, if only part of the consent is withdrawn, it shall be limited to the personal location information related to the partially withdrawn consent and the data confirming the use and provision of location information.

② Members may request the Company to temporarily suspend the use or provision of personal location information at any time, and the Company cannot refuse and must have technical means to meet the request.

③ Members may request the Company to view or notify the user of any data described in each of the following subparagraphs and may request correction if there is an error in the data. In this case, the Company cannot reject the Member’s request without a valid reason.

  1. Data confirming the use and provision of location information.
  2. The reasons for providing and content of any personal location information provided to a third party in accordance with the Act on Protection and Use of Location Information or other legal regulations pertaining to the Member who made the request.

④ Members may request to exercise their rights under paragraphs 1 to 3 through the customer center on the Company website or directly using the Company’s contact information.

Article 11 (Legal Representative’s Rights)

① For Members under the age of 14, the Company must obtain the consent of both the Member and their legal representative for the provision of location-based services using personal location information and the provision of personal location information to a third party. In this case, the legal representative has all the rights of the Member under Article 10.

Article 12 (Rights/Duties and Exercising Methods of Persons Responsible for Protection of Children Under the Age of 8)

① The Company shall be deemed to have the consent of the person in the following cases (hereinafter referred to as “children under the age of 8”) if the obligee of protection agrees to the use or provision of personal location information for the protection of life or body of the child under the age of 8, etc.

  1. children under the age of 8
  2. a guardian of a minor
  3. a person with a mental disability as defined in Article 2, Paragraph 2 (2) of the 「Disabled Persons Welfare Act」 and a person with a severe disability as defined in Article 2, Paragraph 2 (2) of the 「Disabled Persons Employment Promotion and Vocational Rehabilitation Act」 (limited to a person registered as a disabled person by Article 32 of the 「Disabled Persons Welfare Act」)

② A guardian who wishes to consent to the use or provision of personal location information for the protection of the life or body of children under the age of 8 must submit a written consent form with a document proving that they are a guardian.

③ The guardian has all rights of the user pursuant to Article 7 of these Terms and Conditions when consenting to the use or provision of personal location information of children under the age of 8.

Article 13 (Designation of a Location Information Manager)

① The Company properly manages and handles location information. We designate and operate a person in a position who can take practical responsibility as the person in charge of location information management to protect the personal location information and handle complaints of subjects of personal location information smoothly.

② The location information manager is the head of the department providing the location-based service, and details are subject to the supplementary provisions of these terms and conditions.

Article 14 (Compensation for Damages)

If the Company causes damage to the Member due to an act that violates the provisions of Articles 15 to 26 of the Act on the Protection and Use of Location Information, the Member may file a claim for damages against the Company. In this case, the Company shall not be exempted from liability unless it proves that it was not intentional or negligent.

Article 15 (Governing Law and Jurisdiction)

① These Terms and Conditions are regulated and implemented in accordance with the laws of the Republic of Korea.

② The rights of Members and legal representatives and the method of exercising them are governed by the address of the user at the time of the complaint, and if there is no address, it is under the exclusive jurisdiction of the district court having jurisdiction over the residence. However, if the address or residence of the user is not clear at the time of filing, or if the user is a foreign resident, the complaint shall be brought to the competent court under the Civil Procedure Act.

Article 16 (Adjudication of Disputes and Others)

① The Company may apply to the Korea Communications Commission for financial assistance under the provisions of Article 28 of the “Act on the Protection and Utilization of Location Information”, etc. if the parties do not or cannot reach an agreement on a dispute related to location information.

② The Company or Member may apply for mediation to the Personal Information Dispute Mediation Committee in accordance with the provisions of Article 43 of the “Personal Information Protection Act” in the event that there is no consultation between the parties regarding disputes related to location information or it is impossible to reach a consultation.

Article 17 (Company’s contact information)

The Company’s name and address are as follows.

  1. Trade name: MOCA system
  2. Representative: Kim Dong Hyun
  3. Address: 13554 Park View Tower 17F, 248 Jeongjail-ro, Bundang-gu, Seongnam-si, Gyeonggi-do
  4. Representative phone number: 031-710-4917

Article 18 (Location information manager)

The Company’s location information manager is as follows. 

  1. Position: CEO Donghyun Kim 

  2. Representative phone number: 031-710-4917 

Addenda

(Effective Date) These terms and conditions will be effective from January 17, 2024.

Previous Versions:

Terms of Use for Location-Based Services v1.2