1. These provisions aim to prescribe use conditions and the basics about the procedures of Divememory that is internet service provided by Divememory Ltd. (http://www.divememory.com) (hereinafter called “the company”)
2. These provisions apply only to customers who have signed up as a member of the company.
Article 2 Validity and revision of provisions
1. These provisions shall be effectuated by posting on homepage to disclose.
2. The company can revise these provisions in a range that does not violate the related laws such as Act of as Regulation Standardized Contracts and Act on Promotion of Information and Communication Network Utilization and information Protection etc, if the provisions are changed, the company disclose it right away. However, significant changes, for example the fees, in the regulations regarding user’s rights or obligations for at least 7 days prior to disclosure.
3. The effect of the changed provisions shall apply retroactively to the entire members who registered before the provisions change.
4. The user has the right to refuse to accept the changes and can express refusal to the revised provisions within 15 days from the effective date. For the case that "User" refuse the service, the provider company may terminate the contract within 15 days of specified period after prior notice to the "users ". If the "User "does not show the refusal and continue using the service, the company assume the user agree to be bound by the changed provisions.
Article 3 Application of provisions
For the matters not specified in these provisions, the additional details of provisions, commercial practice, company’s notice, use information and the provisions in the relevant laws are followed.
Article 4 Definition
1. The company: refers to Divememory Corp.
2. Member: a person who agree to the provisions and sign up a contract with the company in order to use the service and receive the user ID
3 User: a person who get connected and receive service provided by the company
4. User ID (member ID): a combination of letters and numbers that are selected by members to use the service and personal identification and the company is granted.
5. Password: a combination of letters and numbers selected by a member in order to protect the interests of the members and confirm that people who want to use the services of the company is the same person who receive the user ID.
6. Operator: refers to the overall management and seamless service person appointed by the company to operate.
Chapter 2 Service contract
Article 5 Classification of services
1. The services that the company provides to Customers are divided into free and paid services. For additional paid information provided by the company and affiliates is available to pay the fee specified in the applicable information.
2. The free service, fee-for-service types and how to use the service are described in these provisions and as prescribed in the notice or otherwise on the page.
3. Members who want to use a fee-for-service offered by the company should agree to the separate provisions as "provisions of fee Service" and fees to the company (or fees) must be paid.
4. The company can change all or some of the services that are provided in accordance with the operational or technical needs.
Article 6 Establishment and units of the contract
1. When a person read these provisions of service and sign up and apply 'Agree' button, the company consider the person agree to these provisions.
2. The contract will be established by the company’s approval on the application of the service seeker
3. Use of agreement is contracted as a unit of member ID and more than one ID will not be granted.
Article 7 Limit of consent to use application
1. The Company may not grant a service application in case that the company recognize one of followings.
- If someone apply with another person’s identity
- In case the entry for membership based upon false information
- If the customer does not pay a use application such fees to be paid to the company
- Use of other reasons attributable to the applicant if the use of compliance difficult
- If you cannot afford the equipment
- If there is a technical difficulty
- If use application conditions determined by the company are insufficient
2. If the company does not accept the use of application under the sub section 1, the company must inform it to the applicant. However, for the case that the company cannot inform due to the applicant’s fault or intention as a reason for the applicant's responsibility, the company may not inform.
Article 8 Protection of Personal Information
Chapter 3 Obligation of contractors
Article 9 Obligation of company
1. The company does not disclose or distribute the personal information of members for the third party. However, the following will apply to the cases.
- If there is a request from a governmental agency by the provisions of the Electronic Communications fundamental law
- If there is the purposes of the criminal investigation or the request of the Korea Internet Safety Committee
- If there is a request in accordance with the procedures provided by other laws
2. The company does its best to provide better service by actively collecting the suggestions requested by members.
3. The company may be temporarily suspended the publication if the company get stopped posing requests from members due to a reason to avoid infringement of personal privacy, intellectual property rights and the character defamation by third party.
Article 10 Obligation of Members
1. When members use the service, members should not be made for each.
- The act of stealing someone else's information
- Actions claiming that the company's stakeholders
- Infringement of copyright and intellectual property of companies or other third party
- Damage the honor or the act of disrupting to companies and other third party
- obscene or violent messages , pictures, audio , and other breezy behavior that is contrary to the public or published on the customs service information
2. Member must adhere to the provisions of use of service established by the company.
3. Member cannot donate or of transfer rights or contractual services given by the company, also cannot offer them as mortgage.
4. Member is not able to do business based on the services provided by the company, which for all the problems caused members will be the duty of the company for damages.
5. Member is responsible for all the consequences arising from by neglecting to manage the member information such as ID and passwords. If someone use member’s ID or is used incorrectly the member must notify the fact to the company.
6. Member has legal responsibility occurring by registering data that company’s website owns the copyright and the company is not responsible.
Chapter 4 Use of service
Article 11 Member’s postings
Company can delete without notice if the contents of the service registered or post may be judged to be applicable to one of followings.
- If the information cause libel or damage the honor of other members or third person if the information libelous or damaging the honor
- If the information violate public moral or order
- If it is determined as a violation of other laws
Article 12 Copyright of postings
1. Member has the right of postings registered by the member, the company has the right of publication for such postings and contents.
2. The company can process the postings and contents registered by members for editing, deleting, partnership and publication.
3. Member cannot do processing the information provided by the company, selling commercial conduct, unauthorized copying and distribution.
Article 13 Providing the information and advertising
1. The company can provide the information it is necessary which member use the service by way of email, letters and advertising method, member may unsubscribe if he or she does not want.
2. The company can post advertisement on the screen of services and email in relation to such service operation.
3. The company shall not be liable for any loss or damage resulting from member’s participation or a result of the transaction in promotions of advertisers who is posted on the service.
Article 14 Service time
1. The service is continually operated for seven days a week without closing in principle. However, the days or hours for regular/temporary inspection or technical/business purpose determined by the company are the exception.
2. The company must be known in advance if the service needs to be suspended due to the unavoidable requirements.
Article 15 Interruption of service
1. The Company may suspend the offering of service if the followings are applicable.
- Due to capacity expansion for service providers
- If the major telecommunication service operators defined in the Telecommunications Service Act stop the service
- If there are other uncontrollable reasons
2. The company can limit or stop all or part of the services if there is national emergency, natural disaster or trouble in service due to congestion.
Chapter 5 Termination and Limitation of use
Article 16 Termination and Limitation of use
1. If any member wants to stop using the service, the member can require withdrawal for the membership through my page. However, if the member withdraws the membership voluntarily, rejoining a membership will be suspended for a month.
2. The company can handle alert actions or forced to leave the member who inflict a loss on the company or register other improper information and the members cannot rejoin membership for six months.
- If member receive two times of warnings from the company for six months
- If member steal someone else's personal information such as service ID and password.
- If the content of the information registered by Member appears false or manipulated
- If member deliberately interfere the company's services
- If more than one person use the same ID
- If member disseminate the information hindering public order and morals deliberately
- If member is using the service in order to hinder national or social interests
- If member have registered the information with unauthorized intellectual copyright of the Company or other members
- If member has an act that disadvantage or damage someone's honor
- If member send or post the article containing the offensive, threatening and hatred contents to others
- If member reproduce, distribute and use commercially the information obtained by the company's services without prior consent
- For the case that company’s operator deems to be necessary for the smooth managing the site or content that violates other laws and regulations
Chapter 6 Fee-for-service and refund conditions
Article 17 Payment methods and types
1. The fee is paid in advance with flat rate.
2. The payment methods are separated by credit card, cell phones and wire transfer. Flat rate is based on the amount of money at the first day of service after checking prepaid.
Article 18 Appeal against rate and others
1. The user can appeal if there is any objection to a prepayment fee.
2. The company investigate the feasibility within 10 days after receipt of the preceding appeal and inform the results to customer.
Article 19 Refund of such fees
1. The Company must return the over charged fee.
2. Refund is not available if there is no company’s negligence after the fee-for-service starts.
3. The fees cannot be refunded if the service is limited under Clause 2, Article 15.
Chapter 7, Provisions of location information
Article 20 Purpose
These provisions aim to prescribe the rights, obligations and responsibilities and other necessary matters of the company and the subject of information matters with respect to the location information provided by the company's business or location-based services, business and personal location information.
Article 21 Additional regulations
Article 22 Details and fees of service
The company provides the location-based services by directly collecting location information or the location information forwarded from the location information provider.
- The location information of the individual subject or mobile devices is saved with the post.
- Search results using the current location services: If there is a request of information search, the search results and around location using the location information of the individual subject or the mobile device will be presented.
- Provides advertising information using the user's location: In the search results or other service procedure, a source of advertisement is presented using information subject of personal location or mobile devices.
Article 23 Collection methods of location information
Company collects personal position information in the following ways.
- Collect the location information through GPS location information that is collected via a dedicated terminal with embedded GPS chip.
- Collect the location information through Wi-Fi location information that is collected via a dedicated terminal with embedded Wi-Fi chip.
- Collect the location information provided by location information API sent by operating system in electronic devices such as smart phone, tablet PC etc.
Article 24 Rights of subject of the personal location information
1. The subject of personal location information can reserve the recipient’s consent to provide for the range of personal location information and part of the provisions or the use or purpose of personal location information, the range of information recipient and part of location based services.
2. The subject of personal location information may withdraw all or part of the agreement to collect, use and provide the personal location information.
3. The subject of personal location information can request a temporary suspension a collection, usage and offer of personal location information at any time. In this case the company shall not refuse the request and have the technical method to do this.
4. The subject of personal location information may request a viewing or following notice of material about the company and if there is an error in the relevant data, the subject can ask for the correction. In this case, the company will not refuse the request without reasonable reason.
5. The company will destroy the collected personal location information and the checking data for collection, usage or offer of the subject of personal location information without any delay if the subject of personal location information withdraw all or part of the agreement. However, if the subject of personal location information withdraw a part of the agreement, the deletion of data is limited only for the collected personal location information and the checking data for collection, usage or offer of the subject of personal location information within the parts to withdraw.
Article 25 Using location information, checking data of providing location information and evidence of retention and retention period
The company automatically records the checking data for the collection, usage and offer of location information of the subject of the personal location information based on clause 2, article 16 of ACT ON THE PROTECTION, USE, ETC, OF LOCATION INFORMATION, and store the records more than 6 months.
Article 26 Change and Termination of Service
1. If the company is unable to maintain the overall circumstances or legal services to disability such as a policy change of location information provider, the company can restrict, change or stop all or part of the Services.
2. In the case of service disruption by the company under Clause 1 above, the company posts in the internet in advance or notify to the subject of personal location information.
Article 27 Immediate notice when the personal location information is provided to the third party
1. The company shall not offer the personal location information of the subject without the consent to the third party. In the case of providing the third party service, the company provides a notice about the service recipient and the purpose of offering to the subject of personal location information and obtain consent.
2. If the company provide the personal location information to the third party specified by subject of personal location information, the company immediately notifies the recipient who receive the location information using the relevant communication terminal device every time.
3. For the following cases the company notifies personal location information by a certain pre-specified communication device or e-mail address.
- If relevant communication terminal device which the subject of personal location information collects personal information by does not have the function to receive sound or video.
- If the subject request in advance other communication device or email address other than the communication terminal device which collect the personal location information.
Chapter 8, Indemnification of damages and exemption
Article 28 Indemnification of damages
1. The Company does not indemnify for damages caused by failure of free service.
2. The method and procedure of indemnification follow the relevant laws and regulations.
Article 29 Exemption
1. The company is not responsible that member is not getting benefit expected by providing the company's service.
2. The company is not responsible for any damages caused by the information provided by the same member.
3. The company is not responsible to indemnify damages or to intervene dispute caused by mediating between the members.
4. The Company is not responsible for the event of failure of services due to reasons attributable to the Member.
5. To provide reliable service, the company offers 40 hours of regular service inspection per month. If the company notice the service inspection schedule in advance, the disability of the service during the scheduled inspection is exempt from any indemnification.
Article 30 Competent court
When the lawsuit filed against disputes with service, the court having jurisdiction over the headquarters of the company becomes a competent court.
< Attachment >
Effective Date: These provisions shall be effectuated as of December 10, 2014.
These provisions are written in Korean. The Korean texts prevail if the translation of this policy may differ from the original Korean.
Personal Information Handling Policy
1. Divememory Corp. (http://www.divememory.com) (hereinafter called “the company”)’s personal information handling policy is handled with accordance with Act on Promotion of Information and Communication Network Utilization and information Protection, etc.
2. The company commits personal information protection policy based on the acts which information and communication service providers should follow such as Protection of Communications Secrets Act, Enforcement Decree of the Telecommunications Business Act and Act on Promotion of Information and Communication Network Utilization. For reference, the company’s obligation to protect personal information shall not be applicable to the action of collecting personal information performed by the linked websites in the company’s webpage.
3. When joining the membership, if the user selects and click ‘Agree’, the company regards the user agrees the company’s personal information protection policy and the company collects personal information based on the information that the user inputs in the enrollment form. If the user disagree the personal information to be collected or the user does not want to join the membership, the user needs to click ‘Disagree’ on the menu.
4. The company may ask for additional information if the additional information need although the company tries to collect personal information within the minimal scope of what is necessary in order to provide its service.
Purpose of personal information handling
The company handles personal information for the following purposes and the personal information shall not be used for other than those purposes.
- To confirm joining membership, identify and authenticate personal identity to provide service, maintain membership, payment or delivery of product and provided service
Handling and retention period of personal information
1. Personal Information collected under the consent of subjects of information shall be retained and used while the member’s membership is maintained.
2. Details about handling and retention period of personal information are as followings.
- Records regarding contract or withdrawal of subscription.
- Reason for retention: The law on the consumer protection in the online business transactions
- Retention period: 5 years
- Records regarding payments and provisions of goods
- Reason for retention: The law on the consumer protection in the online business transactions
- Retention period: 5 years
- Record regarding transaction of electronic banking service
- Reason for retention: Act of electronic financial transaction
- Retention period: 5 years
- Records of consumers’ complaints or results of disputes
- Reason for retention: The law on the consumer protection in the online business transactions
- Retention period: 3 years
- Records regarding the website visits
- Reason for retention: The communication secret protection law
- Retention period: 3 months
Offer of Personal Information to third parties
The company does not provide personal information to third parties without consent from the subject of personal information, except for the cases that there is lawful basis which is applicable to Article 17 of personal information protection law. However, followings are the cases of exceptions,
1. For the case with consent from user or member
2. For the case of providing limited range of personal information which is necessary for service of name, birth date, phone number and home address among personal information provided by user or member
3. For the case if there is sufficient basis for the personal information to be provided to take legal action against causing physical and mental loss to others using the service
4. For the case that is required by other laws
5. For the case that is necessary for payment and delivery of products to provide service
6. For the case that provide as unidentified form for market search, compiling of statistics and academic research
7. For member to use our company or affiliated company’s service without additional membership enrollment process with one member ID, the personal information of our member who is willing to use a certain affiliated company’ service may be provided to the affiliated company. (same for the case that the number of affiliated company becomes larger than when member got membership at the first) Member always can retract to provide personal information to affiliated company and suspend to use the related service.
The rights and obligations of the subject of personal information and method of exercise
User may request to exercise the rights regarding personal information protection as followings
1. Request to review personal information
2. Request to make a correction if there are any errors in the personal information
3. Request to remove
4. Request to suspend the process against the personal information
The installation, operation and refusal of automatic personal information device
1. The company mainly uses ‘cookie’ which stores and often bring the user’s information in order to provide the customized services to meet the specific personal circumstances and preferences of each user. A cookie is also saved on the hard disk in PC with a small amount of information which transmit to web browser.
2. The user can provide the service without additional input such as a statement in accordance with the connection information of the user for more information, to read the cookie on a computer to find the user in the company of the server is a web browser of the user when connecting to the website. The cookie identifies user’s computer, but it does not identify individual user personally.
3. The company can provide more convenient services by identifying visits, patterns and scale of usage for each service users by using a cookie.
Deletion of personal information
In principle, the company deletes the personal information as soon as the purpose for collection and use it attained. The deletion procedure and method are as follows.
1. Deletion procedure
The input information by user gets deleted after it is retained for a certain time period in accordance with the internal policy and for other reason for the protection of information by relevant law (Refer to Article 4 Retention and Use of Personal Information). The personal information should not be used for other purpose except intended by the relevant law.
2. Period of deletion
Personal information shall be purged using paper shredder or by burning them within 5 days from the assigned day when the personal information is not necessary any longer such as completion of purpose of personal information handling and abolition of service or discontinuance of business, the personal data stored in the electronic files shall be purged using the technical method that makes the records unrecoverable.
Securing the protection of personal information
To secure the safety of Personal Information, the company employees the following technical, managerial, physical devises according to the Article 29 of Personal Information Protection Act:
1. Minimization of number of employees for managing Personal Information and training for them
The company limits the number of employees working on the Personal Information to the person in charge, we enforce a measure to manage the personal information.
2. Implementation of regular self-inspection
In order to secure stability regarding personal information handling, we implement self- inspection quarterly.
3. Establish and implementation of internal manage plan
The company establishes and implements internal manage plan for safe handling of personal information
4. Encryption of personal information
User’s personal information and password are stored and managed in protected mode. The important data use addition secure function such as encryption of files and transferring data or file lock function.
5. Measures against the hacking
The company installs anti-hacking program and check/renew regularly to prevent customers’ Personal Information from leakage or damage by hacking or computer virus. The system is installed using the access suspension system, unauthorized accesses from outside are controlled.
6. Limit of access to personal information
By providing, change and cancellation of access authority to database system which handle personal information, necessary action is implemented to control access to personal information. Unauthorized accesses from outside are controlled by the access suspension system
7. Store of access record and anti-forgery
The company stores and controls access record to personal information processing system at least 6 months and use security features in order to avoid forgery and burglaries of access record.
8. Using lock system for document security
The company stores document and supplementary storage medium which include personal information at safe area with lock system.
9. Control of access for unauthorized person
The company maintains additional physical storage area where store personal information and is operated by access control process.
Contact information for officers in charge of protecting (supervising) personal information
The company designates a department for and a person in charge of protecting (managing) Personal Information, and handling inquiries and complaints concerning Personal Information. The subjects of personal information can make inquiries about questions regarding any personal information protection, handling of complaints or relief for damage occurring while using our service or business for personal information protection officer or department. We will try to answer and deal with the inquiries from the subjects of personal information as soon as possible.
1. Person in charge of protecting (managing) personal information
- Name: Kim, Young Hwan
- Position: Chief Executive Officer
- Phone number 070-7759-0267
- Email: firstname.lastname@example.org
※ It transfers to the department of personal information protection
2. The department of personal information protection
- Name: Department of information protection
- Person in charge: Kim, Young Hwan
- Phone number: 070-7759-0267
- Email: email@example.com
3. Please direct your inquiries to the following center if you have anything to report or need a consultation regarding the infringement of other Personal Information.
- Call Center for the Infringement of Personal Information (www.118.or.kr/118)
- Cybercrime investigation department at the Supreme Prosecutor’s office (www.spo.go.kr / 02-3480-3571)
- Korean National Police Agency Cyber Bureau (www.ctrc.go.kr / 182 without area code)
Change in Personal Information Handling Policy
This personal information handling policy will apply from the effective date and if there is any addition, removal, or modification of the information, we will notify from 7 days before the effective date via official announcement at homepage.
This personal information handling policy was written in Korean. The Korean texts prevail if the translation of this policy may differ from the original Korean.