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Terms and Conditions for Geolocation Business of the GolfzonDeca Inc.

GOLFBUDDY Terms Conditions for Geolocation Business
  • Chapter 1 General Provisions expandcollapse
    Article 1(Purpose)
    These terms and conditions are intended to establish the rights, obligations, and other requirements between the company and the customer necessary to collect location information in order to provide location-based services to customers using the company's GOLFBUDDY SMART, GOLFBUDDY GOLF GPS and GOLFBUDDY SMART CADDIE, ONE caddie (hereinafter referred to as the "GOLFBUDDY Apps") by GolfzonDeca Inc. (hereinafter referred to as the "Company").
    Article 2 (Other Terms and Conditions)
    For matters not specified in these terms and conditions are subject to the relevant laws, such as the Act on the Protection and Use of Location Information, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the provisions.
    Article 3 (Contacts of Company)
    The name, address and telephone number of the Company is:
    1. Company Name: GolfzonDeca Inc.
    2. Representative Name: Jeong Joo Myeong
    3. Address: #303, Bldg. C, Inno Valley, (621 Sampyeong-dong), 253, Pangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do
    4. Tel.: +82-31-709-8038
  • Chapter 2 Use of Service expandcollapse
    Article 4 (Consent to Collect Personal Location Information)
    The Company collects the customer's personal location information so that customers using the GOLFBUDDY Apps can provide location-based services smoothly, and the customer is deemed to have agreed to these terms.
    Article 5 (Methods of Collecting Personal Location Information)
    1. The Company collects GPS information by using a location information collection device (Terminals supported by the GOLFBUDDY Apps serviced by GolfzonDeca Inc. are hereinafter referred to as ‘terminals’.).
    2. In the event of a change in the method of collection of the location information set out in paragraph 1, the Company will announce it on the Internet or notify the customer. However, if a reason beyond the Company's control arises and prior notification is not possible, it will be notified posthumously.
  • Chapter 3 Provision of Location Information Service expandcollapse
    Article 6 (Contents of Location Information Services)
    The Company uses the customer's location information to provide the location where the ball was hit during a golf game and the travel route on the golf course. Applications of Service: GOLFBUDDY SMART, GOLFBUDDY GOLF GPS and GOLFBUDDY SMART CADDIE, ONE caddie
    Contents of Service:
    Provide distance information from the position of the golfer to the position of the hole cup, hazards, etc., and provide distance information by calculating the distance from the position of the golfer to the next shot.
    Automatically detects and saves golfers' shot positions, and then exposes movement paths, shot positions, and distance information on PCs, smartwatches, and smartphone apps
    Article 7 (Provision of Personal Location Information)
    1. According to the provisions of Article 20 of the Act on the Protection and Use of Location Information, a location-based service operator reported to the Korea Communications Commission may request the Company to provide the personal location information of the personal location information subject with the consent of the personal location information subject under the same Act.
    2. The location-based service provider shall request personal location information from the Company with the following information.
    - The fact of obtaining the consent of the individual location data subject
    - Scope and duration of personal location information
    3. To the extent that it does not violate the Act on the Protection and Use of Location Information, the Company may provide the location information of individuals when requested by the investigating agency in accordance with the procedures and methods established in the Act for investigative purposes.
    4. The Company may refuse to provide personal location information of the individual location information subject if the location-based service operator requests the personal location information of the individual location information subject without the consent under paragraph 1, or if the Company confirms that there is no consent to provide personal location information of the individual location information subject, or if the request is deemed to be a request contrary to the relevant legislation.
    5. Where location-based service providers are provided with personal location information pursuant to this Article and Article 7, specifics such as rates and conditions shall be determined through individual business agreements and so forth.
  • Chapter 4 Protection of Personal Location Information expandcollapse
    Article 8 (Protection of Personal Location Information of Customers)
    The Company strives to protect the personal location information of customers as prescribed by relevant laws and regulations.
    Article 9 (Retention of Data Confirming Facts of Collection and Use of Personal Location Information)
    1. Based on Article 16 (2) of the Act on the Protection and Use of Location Information, the Company automatically records data confirming the collection of location information for customers in the location information system, and the relevant data is retained for six (6) months from the time of recording for the processing of customer complaints.
    2. In accordance with the provisions of Article 24 (4) of the Act on the Protection and Use of Location Information, if the customer withdraws all or part of their consent, the Company will destroy the collected personal location information and data confirming the fact of provision of location information without delay (If a part of consent is withdrawn, it is limited to the data confirming the provision of personal location information and location information for the part to be withdrawn). However, if there is a need for preservation in accordance with the provisions of the Framework Act on National Taxes, the Corporate Tax Act, the Value Added Tax Act and other related laws, the customer agrees separately, or the information is needed to handles ongoing or expected customer complaints/disputes, it is preserved in accordance with the relevant laws.
    Article 10 (Period of Retention and Use of Personal Location Information)
    The Company will destroy the personal location information without delay when the purpose of provision the customer's personal location information is achieved, or when the customer withdraws all or part of his/her consent to collecting the personal location information. Provided, that where it is necessary to preserve it in accordance with the provisions of statutes, it shall be preserved as prescribed by the relevant statutes.
    Article 11 (Rights of Legal Representatives)
    1. The Company shall obtain the consent of the legal representative if it intends to collect personal location information pursuant to Article 18 (1), 19 (1) · (2), or 21 of the Act on the Protection and Use of Location Information from Children under the age of 14.
    2. The provisions of Article 15 (Rights of Customers) of these Terms shall apply mutatis mutandis if the legal representative gives his/her consent in accordance with Article 25 (2) of the Act on the Protection and Use of Location Information. In this case, the ‘customer’ shall be regarded as ‘legal representative’.
    Article 12 Use of location information for the protection of children up to the age of 8, etc.
    1. The obligation to protect persons falling under each of the following subparagraphs (hereinafter referred to as "children up to 8 years of age, etc.") shall be deemed to have my consent if I consent to the collection, use or provision of personal location information such as children up to 8 years of age for the protection of life or body, etc.
    ① Children up to 8 years old
    ② Adult guardian
    ③ A person with a mental disability under Article 2 (2) 2 of the Disability Act who falls under a severe disability under Article 2 (2) of the Employment Promotion and Occupational Rehabilitation Act (limited to a person who has registered a person with a disability under Article 32 of the Disability Act)
    2. The provisions of Article 15 (Rights of Customers) of these Terms shall apply mutatis mutandis if the legal representative gives his/her consent in accordance with Article 25 (2) of the Act on the Protection and Use of Location Information. In this case, the ‘customer’ shall be regarded as ‘legal representative’.
    3. The provisions of Article 15 (Customer's Rights) of these Terms and Conditions shall also apply if the obligor of protection agrees in accordance with Article 26, Paragraph 4 of the Act on the Protection and Use of Location Information. In this case, the ‘customer’ shall be regarded as ‘guardian’.
    Article 13 Requirements for consent to use location information for the protection of children up to 8 years old, etc.
    1. Any person who intends to consent to the collection, use, or provision of personal location information for the protection of life or body, such as children up to 8 years of age, shall submit a written consent to the Company, accompanied by a written agreement certifying that he/she is obligated to protect children up to 8 years of age
    2. The written consent under paragraph 1 shall state the following and be signed or sealed by the person obligated to protect:
    ① Name, address and date of birth of children up to 8 years old, etc.
    ② Name, address and contact details of the guardian
    ③ The fact that the purpose of collecting, using, or providing personal location information is limited to the protection of life or body, such as children up to 8 years of age;
    ④ The year and month of consent
  • Chapter 5 Rights and obligations of the Company and Customer expandcollapse
    Article 14 (Obligations of Company)
    1. The Company shall expedite the processing of customer complaints related to the collection of the customer's personal location information, and if it is difficult to expedite the processing, it will notify the customer of the reason and the processing schedule.
    2. The Company complies with laws and regulations related to the collection of personal location information of customers, such as the law on the protection and use of location information, the law on the promotion of the use of information and communication networks, and the law on the protection of information.
    Article 15 (Rights of Customers)
    1. Customer may withdraw all or part of its consent to the collection of personal location information of the Company.
    2. The customer may demand a temporary suspension of the collection of personal location information of the Company.
    3. Customer may request revocation and suspension of consent to collect Personal Location Information pursuant to paragraphs 1 and 2 at GOLFBUDDY website (golfbuddy.com) or by any other method provided by the Company.
    4. If a customer withdraws or suspends their consent to collecting personal location information in accordance with paragraph 1 or 2, it may be impossible to provide various services.
    5. Customers may request access to or disclosure of the following materials via GOLFBUDDY website (golfbuddy.com) or other Company-provided means, and may request correction of errors in such materials.
    - Confirmation data of location information collection for customers
    - Reasons and contents of the customer's personal location information provided to third parties under the Act on the Protection and Use of Location Information or other laws
    Article 17 (Obligations of Customer)
    1. The customer shall provide/register complete information consistent with the current facts when the Company provides/registers all the information necessary to collect personal location information for the provision of the service, and shall update it immediately when changes occur.
    2. The customer shall manage the location information collection terminal to maintain normal operation in order to use the service provided by the Company by collecting location information smoothly, and if there is a disruption in the collection of the Company's personal location information because the normal operation of the terminal is not maintained, the location information collection for the Company's service shall be done normally by processing the maintenance, exchange, etc. of the terminal.
    3. The customer shall not do any of the followings.
    - Registering or disseminating computer virus infection data that causes destruction and confusion, such as malfunctioning of facilities or information related to the collection of personal location information
    - Masquerading as someone else and misrepresenting your relationship with others
    - Distributing false information for the purpose of benefiting oneself or others or causing damage to others
    - Use or leak unauthorized personal location information of others
    - Any other unlawful or improper conduct
    4. The customer shall comply with the relevant laws and regulations, these terms and conditions, and the terms and conditions of the geolocation service, the instructions and precautions announced on the service, and the notice given by the Company, and shall not do anything that interferes with the business of the Company.
  • Chapter 6 Other Provisions expandcollapse
    Article 17 (Responsible for Management of Location Information)
    The person responsible for management the Company's location information is:
    1. Responsibility of Management: Head of Development
    2. Tel.: +82-70-8890-0190
    Article 18 (Compensation for Damages)
    1. If the customer causes damage to the Company due to violation of the provisions of these terms and conditions, he/she shall compensate the Company for the damage caused.
    2. If the Company receives various objections, including claims or lawsuits from third parties due to the tort or breach of this terms and conditions of the customer, the person who commits the tort or breach of terms and conditions shall indemnify the Company at his/her own responsibility and expense, and if the Company is not indemnified, he/she shall compensate the damage caused to the Company.
    3. If the Company damages the customer in violation of the provisions of Article 15 or 26 of the Act on the Protection and Use of Location Information, the Company shall be liable for the customer's damage unless the Company proves that there was no intention or negligence.
    Article 19 (Exemption from Liability)
    1. The Company is exempt from liability if personal location information cannot be collected due to natural disasters or equivalent force majeure.
    2. The Company shall not be held liable for any failure to use the service due to the Company's failure to collect personal location information due to reasons attributable to customers or due to incorrect collection due to reasons attributable to the Customer.
    Article 20 (Settlement of Disputes and Competent Court)
    1. In the event of a dispute between the Company and the Customer regarding the collection of Personal Location Information, the Company and the Customer will diligently consult to resolve the dispute.
    2. If a dispute between a Company and a customer is not resolved despite consultation under paragraph (1), both parties may apply to the Privacy Dispute Mediation Commission under Section 43 of the Privacy Act for mediation.

    • Addendum This Terms and Conditions shall enter into force on April 4, 2022.




    Terms and Conditions for Location-Based Services of the GolfzonDeca Inc.

    GOLFBUDDY Terms and Conditions for Location-Based Services
    • Chapter 1 General Provisions expandcollapse
      Article 1(Purpose)
      These terms and conditions are the rights, obligations and other related matters between the company and the customer necessary for the customer who has signed a contract with the company to use the location-based service to customers using GOLFBUDDY SMART, GOLFBUDDY GOLF GPS and GOLFBUDDY SMART CADDIE, ONE caddie (hereinafter referred to as the "GOLFBUDDY Apps") provided by GolfzonDeca Inc. (hereinafter referred to as the "Company").
      Article 2 (Other Terms and Conditions)
      For matters not specified in these terms and conditions are subject to the relevant laws, such as the Act on the Protection and Use of Location Information, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. and the provisions.
      Article 3 (Contacts of Company)
      The name, address and telephone number of the Company is:
      1. Company Name: GolfzonDeca Inc.
      2. Representative Name: Jeong Joo Myeong
      3. Address: #303, Bldg. C, Inno Valley, (621 Sampyeong-dong), 253, Pangyo-ro, Bundang-gu, Seongnam-si, Gyeonggi-do
      4. Tel.: +82-31-709-8038
    • Chapter 2 Location-Based Services of GOLFBUDDY Apps expandcollapse
      Article 4 (Contents of GOLFBUDDY Apps Location-Based Service)
      It is a service that recognizes shots directly by the customer or by using the Company's automatic shot recording algorithm, and stores that information to provide the customer with shot locations, distance information, and various statistics of golf round.
      Article 5 (Fees for GOLFBUDDY Apps Location-Based Services)
      1. GOLFBUDDY SMART, GOLFBUDDY GOLF GPS services provided by the Company are free of charge. (However, the data communication fee incurred when using the wireless service is separate and is subject to the policies of each carrier that subscribes.)
      2. GOLFBUDDY SMART CADDIE Premium membership fee service is KRW 5,000/month, KRW 40,000/1 year, KRW 70,000/2 years, KRW 100,000/3 years.
      3. ONE caddie membership fee service is $0.99/day, $2.99/month.
      4. Data communication fees incurred when using the wireless service are separate and are subject to the policies of each carrier that subscribes.
    • Chapter 3 Protection of Personal Location Information expandcollapse
      Article 6 (Protection of Personal Location Information of Customers)
      The Company strives to protect the personal location information of customers as prescribed by relevant laws and regulations.
      Article 7 (Consent to Use and Provision of Personal Location Information)
      1. The Company uses the customer's personal location information for the purpose of providing location-based services and improving/developing services, and the customer is deemed to have agreed to these Terms and Conditions.
      2. The Company will not use the customer's personal location information for purposes other than providing GOLFBUDDY Apps location-based services and improving/developing services without the customer's consent.
      3. The Company does not provide personal location information to third parties. However, if personal location information is provided according to the request of emergency rescue organizations and police stations for emergency rescue, etc., the member shall be notified immediately of the person, the date and the purpose of providing it each time through a communication terminal device that registers the personal location information in the member information.
      Article 8 (Protection of Personal Location Information of Customers)
      1. The Company shall obtain the consent of the legal representative if it intends to collect, use, provide the personal location information pursuant to Article 18 (1), 19 (1) · (2), or 21 of the Act on the Protection and Use of Location Information from Children under the age of 14.
      2. The provisions of Article 14 (Rights of Customers) of these Terms shall apply mutatis mutandis if the legal representative gives his/her consent in accordance with Article 25 (2) of the Act on the Protection and Use of Location Information. In this case, the ‘customer’ shall be regarded as ‘legal representative’.
      Article 9 (Use of location information for the protection of children up to the age of 8, etc.)
      1. The obligation to protect persons falling under each of the following subparagraphs (hereinafter referred to as "children up to 8 years of age, etc.") shall be deemed to have my consent if I consent to the collection, use or provision of personal location information such as children up to 8 years of age for the protection of life or body, etc.
      ① Children up to 8 years old
      ② Adult guardian
      ③ A person with a mental disability under Article 2 (2) 2 of the Disability Act who falls under a severe disability under Article 2 (2) of the Employment Promotion and Occupational Rehabilitation Act (limited to a person who has registered a person with a disability under Article 32 of the Disability Act)
      2. The provisions of Article 14 (Rights of Customers) of these Terms shall apply mutatis mutandis if the legal representative gives his/her consent in accordance with Article 25 (2) of the Act on the Protection and Use of Location Information. In this case, the ‘customer’ shall be regarded as ‘legal representative’.
      3. The provisions of Article 14 (Customer's Rights) of these Terms and Conditions shall also apply if the obligor of protection agrees in accordance with Article 26, Paragraph 4 of the Act on the Protection and Use of Location Information. In this case, the ‘customer’ shall be regarded as ‘guardian’.
      Article 10 (Requirements for consent to use location information for the protection of children up to 8 years old, etc.)
      1. Any person who intends to consent to the collection, use, or provision of personal location information for the protection of life or body, such as children up to 8 years of age, shall submit a written consent to the Company, accompanied by a written agreement certifying that he/she is obligated to protect children up to 8 years of age.
      2. The written consent under paragraph 1 shall state the following and be signed or sealed by the person obligated to protect.
      ① Name, address and date of birth of children up to 8 years old, etc.
      ② Name, address and contact details of the guardian
      ③ The fact that the purpose of collecting, using, or providing personal location information is limited to the protection of life or body, such as children up to 8 years of age.
      ④ The year and month of consent
      Article 11 (Retention of Data Confirming Facts of Collection and Use of Personal Location Information)
      1. The Company automatically records the fact of using the location information for customer complaints based on Article 16 (2) of the Act on the Protection and Use of Location Information, and holds the fact of using the location information for 6 months from the time of recording.
      2. In accordance with the provisions of Article 24 (4) of the Act on the Protection and Use of Location Information, if the customer withdraws all or part of their consent, the Company will destroy the collected personal location information and data confirming the fact of provision of location information without delay (If a part of consent is withdrawn, it is limited to the data confirming the provision of personal location information and location information for the part to be withdrawn). However, if there is a need for preservation in accordance with the provisions of the Framework Act on National Taxes, the Corporate Tax Act, the Value Added Tax Act and other related laws, the customer agrees separately, handles ongoing or expected customer complaints/disputes, or it is preserved in accordance with the relevant laws.
      Article 12 (Period of Retention and Use of Personal Location Information)
      The Company will destroy the personal location information without delay when the purpose of provision of the customer's personal location information is achieved, or when the customer withdraws all or part of his/her consent to collecting the personal location information. Provided, that where it is necessary to preserve it in accordance with the provisions of statutes, it shall be preserved as prescribed by the relevant statutes.
    • Chapter 4 Rights and obligations of the Company and Customer expandcollapse
      Article 13 (Obligations of Company)
      1. The Company shall expedite the processing of customer complaints related to the provision of the customer's personal location information, and if it is difficult to expedite the processing, it will notify the customer of the reason and the processing schedule.
      2. The Company complies with laws and regulations related to the provision of personal location information of customers, such as the law on the protection and use of location information, the law on the promotion of the use of information and communication networks, and the law on the protection of information.
      Article 14 (Rights of Customers)
      1. Customer may withdraw all or part of its consent to the provision of personal location information of the Company.
      2. The customer may demand a temporary suspension of the collection of personal location information of the Company.
      3. Customer may request revocation and suspension of consent to collect Personal Location Information pursuant to paragraphs 1 and 2 at GOLFBUDDY website (golfbuddy.com/smartcaddie) or by any other method provided by the Company.
      4. If a customer withdraws or suspends their consent to collecting personal location information in accordance with paragraph 1 or 2, it may be impossible to provide various services.
      5. Customers may request access to or disclosure of the following materials via GOLFBUDDY website (golfbuddy.com/smartcaddie) or other Company-provided means, and may request correction of errors in such materials.
      - Confirmation data of location information collection for customers
      - Reasons and contents of the customer's personal location information provided to third parties under the Act on the Protection and Use of Location Information or other laws
      Article 15 (Obligations of Customer)
      1. The customer shall provide/register complete information consistent with the current facts when the Company provides/registers all the information necessary to provide personal location information for the provision of the service, and shall update it immediately when changes occur.
      2. The customer shall manage the location information collection terminal to maintain normal operation in order to use the service provided by the Company by providing location information smoothly, and if there is a disruption in the collection of the Company's personal location information because the normal operation of the terminal is not maintained, the location information provision for the Company's service shall be done normally by processing the maintenance, exchange, etc. of the terminal.
      3. The customer shall not do any of the followings.
      - Registering or disseminating computer virus infection data that causes destruction and confusion, such as malfunctioning of facilities or information related to the provision of personal location information
      - Masquerading as someone else and misrepresenting your relationship with others
      - Distributing false information for the purpose of benefiting oneself or others or causing damage to others
      - Use or leak unauthorized personal location information of others
      - Any other unlawful or improper conduct
      4. Customers must comply with relevant laws and regulations, the provisions of these Terms and Conditions, notices on use and service, notices from the Company, etc., and must not engage in any other acts that interfere with the business of the Company.
    • Chapter 5 Other Provisions expandcollapse
      Article 16 (Responsible for Management of Location Information)
      The person responsible for management the Company's location information is:
      1. Responsibility of Management: Head of Development
      2. Tel.: +82-70-8890-0190

    Addendum This Terms and Conditions shall enter into force on April 4, 2022.

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