The following Terms of Service govern all use of the Albam services provided to you (the “Services”) by Blue Night Corp. (the “Company”) and clarify the duties, rights, and responsibilities of the Company and the user who accepts these Terms (the “Member”).
- Coming into Force of and Changes to the Terms
① These Terms shall come into force when the customer or data subject signing up for the Services accepts the Terms and registers as a user of the Services according to the process set out by the Company.
② By clicking the “I Accept” button, the Member indicates that he/she has read, fully understands, and agrees to these Terms.
③ The Company may make changes to these Terms to the extent permitted by applicable law, including the Act on the Protection, Use, Etc. of Location Information, the Contents Industry Promotion Act, the Act on Consumer Protection in Electronic Commerce, Etc., and the Act on the Regulation of Terms and Conditions for the Framework Act on Consumers.
④ The Company will provide reasonable advance notice of any changes to these Terms containing the effective date of the revised Terms and the reason for change for a period starting ten (10) days before the revised Terms become effective and will give reasonable notice of any change that will adversely affect the Member by posting the change on the homepage of each Service or by sending the Member an e-mail or SMS notification of the change for a period of time starting thirty (30) days before the change takes effect.
⑤ The Member will be deemed to have accepted the revised Terms unless the Member sends the Company notice of their intention to not accept until seven (7) days after the new Terms become effective, and the Member may terminate this Agreement if the Member does not agree to the revised Terms.
- Application of Relevant Laws
These Terms apply to all use based on the duty of good faith and fair dealing and additional terms shall be implied by applicable law, industry custom and practice.
- Description of the Services
The Company agrees to provide the Services described below:
Name of service Service details Albam Attendance tracking and automatic payroll calculation services including the AlbamTime & attendance, Albam Time & attendance plus+, and Albam Payroll automator
① The Services are provided by the Company free of charge, except such pay services as defined elsewhere for which users will be charged certain fees.
② The Company may charge a fee for each pay service using a method specified by a payment service provider in a contractual relationship with the Company or by adding said fee to a bill.
③ Cancellation of a payment or refund of a fee paid for the use of any pay service shall be subject to applicable legislation and the Company’s terms and conditions of payment.
④ The Member’s request for a refund or a payer’s demand for personal information resulting from identity theft or payment fraud may be rejected except as required by law.
⑤ Data usage for wireless service will be charged separately in accordance with the policy of the user’s mobile network operator.
⑥ Charges occurring when posts are uploaded via MMS shall be billed in accordance with the policy of the user’s mobile network operator.
- Notice of Change to Service Details, Etc.
① The Company may notify the Member of any change to or discontinuation of a Service by sending an email to the address registered by the Member prior to making the change or discontinuing the Service.
② The Company may notify the Members using the Notice board on its website when it intends to send notice to an unspecified number of users in the circumstance described in ①.
- Restriction or Suspension of Use of Service)
① The Company may restrict or suspend a Member’s access to or use of a Service if any of the following occurs:
- 1. The Member disrupts operation of the Service by willful misconduct or gross negligence;
- 2. Such restriction or suspension is inevitable due to maintenance or repair of the equipment used for the Service;
- 3. Telecommunications service is discontinued by a network operator as defined in the Telecommunications Business Act;
- 4. There is trouble using the Service due to a national emergency, an equipment fault, or service traffic overload; and
- 5. Other material cause that forces the Company to acknowledge that it is inappropriate to continue providing the Service.
② If the Company restricts or suspends use of the Service due to any of the causes described above, the Company shall send its Members notice stating the reason for such restriction/suspension and the period during which access the Service will be restricted or suspended.
- Use or Provision of Personal Location Data
① The Company shall clarify its intention to use personal location data to provide its Services in these Terms before obtaining the data subject’s consent.
② The Member and his/her legal guardian shall exercise their rights either by using the user’s address valid at the time of filing a lawsuit, or by giving exclusive jurisdiction to a district court having control over the user’s place of residence if the user does not have any address, unless the user’s address or place of residence is unclear at the time of filing the suit or the user is a foreign national and the dispute has to be brought to a court of jurisdiction under the Civil Procedure Act.
③ The Company shall use and provide location data to settle payments with another operator or a user or handle any complaints, automatically record and retain fact-checked data, and keep the data for one (1) year.
④ If the Company intends to provide personal location data to a third party appointed by the Member, the Company shall immediately notify the Member via a mobile device of the receiving party, the date and the purpose for which it is provided for each term during which said data is collected, unless the Member wants to be notified using a mobile device or an email address specified by the Member if:
- 1. The mobile device by which said personal location data is collected during the term has none of text message, voice or video call features; or
- 2. the Member has requested to be notified by an online post in advance.
- Rights of the Data Subject
① The Member may, at any time, revoke its consent, in part or in whole, to the Company’s use of personal data to provide location-based services or provision of such personal data to a third party, and the Company shall immediately destroy the personal data it has collected and the data showing its use or provision of such personal location data.
② The Member may, at any time, request the Company to temporarily discontinue collecting, using or providing personal location data and the Company cannot refuse the request and has all the technical safeguards necessary to fulfill the request.
③ The Member may request the Company to grant access to or send notice for the following data and may ask for any error in the data to be corrected, and the Company cannot refuse the Member’s request.
- 1. Data showing the Company’s collection, use, and provision of location data relating to the subject; or
- 2. the reason for and details of access to the subject’s personal data granted to a third party as required by the Act on the Protection, Use, Etc. of Location Information or other legislation.
④ The Member may make a request according to the procedure set out by the Company to exercise its rights as described in paragraphs 1 to 3.
- Rights of the Legal Guardian
① If the Member is under the age of fourteen (14), the Company must obtain consent from the Member and the Member’s legal guardian for the Company’s use of personal data to provide location-based services or provision of such personal data to a third party, and said legal guardian shall have all the rights granted to the Member as set forth in clause 9.
② The Company must obtain consent from the Member and the Member’s legal guardian if the Company intends to use or provide to a third party the personal location data of a child under the age of fourteen (14) or data showing the Company’s use or provision of location data exceeding the scope expressly specified in these Terms or notified by the Company, except:
- 1. When the data showing use and provision of location data are necessary to settle payment of fees charged for the use of location data or location-based service; or
- 2. when the data is processed so that the data subject cannot be identified for statistics, academic or market research purposes.
- Rights of the Guardian of Child under the Age of 8
① The Member under the age of eight (8) who falls under any of the following (the “Child under Eight”) will be deemed to have accepted these Terms if the guardian of the Member consents to the use or provision of personal location data to protect the child from harm or a threat to life.
- 1. Child at or under the age of eight;
- 2. incompetent person; and
- 3. a person with mental health problems as defined in subparagraph 2 of paragraph 2 of Article 2 of the Welfare for Disabled Persons Act and with severe disabilities as defined in paragraph 2 of Article 2 of the Act on Employment Promotion And Vocational Rehabilitation For Disabled Persons (limited to the persons who registered as disabled persons as set forth in Article 29 of the Welfare for Disabled Persons Act).
② The guardian who intends to consent to the use or provision of personal location data to protect the child under the age of eight (8) shall submit the Company with a written consent enclosed with written proof of guardianship.
③ The guardian may exercise all of the data subject rights by consenting to the use or provision of personal location data owned by the child under the age of eight.
- Appointment of the Location Data Manager
① The Company shall appoint a Location Data Manager to a position in which the manager ensures that location data are appropriately managed and protected and takes responsibility for practical matters so that any grievances from the data subject can be properly handled.
② The Location Data Manager is the head of a team responsible for providing location-based services and any relevant details are subject to the Additional Terms attached hereto.
① Any Member may claim damages against the Company for any loss or damage suffered by the Member as a result of the Company’s violation of Article 15 or 26 of the Act on the Protection, Use, Etc. of Location Information, from which liability the Company cannot be relieved unless the Company can show that it did not commit said violation on purpose or by accident.
② The Company may claim damages against the Member for any loss occurring to the Company resulting from the Member’s violation of any of these Terms and the Member cannot be relieved of liability unless the Member can show that the damage was not caused by either on purpose or by mistake on the Member’s account.
① The Company will not be held liable for any loss or damage suffered by Members resulting from a failure to provide the Services due to any of the following:
- 1. natural disaster or any event of force majeure beyond reasonable control;
- 2. service disruption intentionally caused by a third party who has entered into a service agreement with the Company to provide the Services;
- 3. problems with using the Services through the fault of the Member; and
- 4. any other cause for which the Company has not caused either on purpose or by mistake.
② The Company does not make any warranties regarding the reliability and accuracy of the information, data, and facts made available through the Services, and will not be held liable for any loss or damage suffered by any Member.
- Governing Law
① These Terms are governed by the laws of the Republic of Korea.
② Any additional term or condition shall be implied by applicable law and business custom or practice.
- Dispute Resolution
① If the parties fail to settle or reach an agreement on any dispute arising in connection with location data, the Company may file a request for mediation to Korea Communications Commission subject to Article 28 of the Act on the Protection, Use, Etc. of Location Information.
② If the parties fail to settle or cannot reach an agreement on any dispute arising in connection with location data, either party may file a request for mediation to the Personal Information Dispute Mediation Committee subject to Article 43 of the Personal Information Protection Act.
- Contact Information
The following are the Company’s corporate name and address:
- Corporate name: Blue Night Corp.
- Representative: Jin-Yong, Kim
- Address: 301, Banpo-dong, Blue Night Corp., 15th floor, 525, Gangnam-daero, Seocho-gu, Seoul
- Telephone: 02-556-4660
- Effective Date
These Terms will take effect on November 15, 2017.
- As of November 15, 2017, the Location Data Manager is appointed as follows:
- Department: Won-Young, Choi, head of R&D Team
- Telephone: 02-556-4660
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