These Terms of Service outline the rights, duties, responsibilities, and other necessary matters between whowho&company Corporation(Corp.) (hereinafter the "Company") and users of the Company's service 'whowho' (hereinafter referred to as the "Service) regarding the use of the Service.
The definitions used in this Terms of Service are as follows:
1.1. The "Company" refers to the company providing the Service by way of a mobile application.
1.2. "User" refers to the person who agrees to these Terms of Service and the Personal Information Processing Policy and has been granted eligibility to use the Service.
1.3. The "Service" refers to the "whowho" service regardless of the device it is used on, be it personal computer, television, mobile device or any other wired or wireless device).
1.4. "whowho" refers to the mobile application, and mobile and PC web service which Members can use to search for information on the phone numbers of incoming calls and messages, such as business name, business type, address, spam report information, usage registration information, etc.
1.5. "ID" refers to the Member's phone number and an email address chosen by the Member for the identification of the Member and for their use of the Service, or a combination of roman letters, numbers, and special characters which are randomly assigned by the Company for providing the Service.
1.6. "Post" refers to all information posted by Members in the form of text, documents, images, audio, and video content or any combination of the foregoing regarding the Member's use of the Service.
1.7. "Information Sharing Database" refers to information on phone numbers (business name, etc.) registered by Members on phone number that they have received a call from so that when other Members receive a phone call from such numbers, they can check information on the phone number prior to receiving the call.
1.8. "Spam Number Database" refers to phone numbers which have been judged as and reported to be "spam numbers" either directly by the Company or by Members using the Service.
1.9. "Phone Message" refers to the message pre-saved by the Member who is making a phone call to another Member that appears on the call waiting screen.
2. Terms of Agreement
2.1 Members who use the Service will be deemed to agree to these Terms of Service as being effective and unable to be canceled.
2.2 The Company may use separate Terms of Service and policies (hereinafter referred to as "Other Terms of Service, Etc.", and if and when any term stated in any Other Terms of Service, Etc. conflicts with these Terms of Service, then the Other Terms of Service, Etc. will take precedence.
3. Changes to the Terms of Service
If deemed necessary, the Company may make changes to these Terms of Service or any other Terms of Service at anytime without prior notice to the Members. The modified Terms of Service becomes effective from the moment that the Company publishes it on a suitable spot on the website or application that it runs, and the Members agree to these Terms of Service and other terms of service as being effective and irrevocable as they continue to use the Service. Because individual Members cannot be notified of changes, Members are advised to refer to the Terms of Service from time to these Terms of Service and other Terms of Service from time to time during their use of the service. If a Member does not agree with the application of the amended Terms of Service, then that Member is able to terminate their contract with the Company.
4. Member ID
4.1 For the purposes of protecting Members' personal information, and for convenience when using the service, the Company will provide Members with an ID which combines the Member's phone number and an email address of the Member's choosing.
4.2 If the Member postpones ID registration, the Company will provide them with an ID consisting of roman letters, numbers, and/or special characters in order to provide the Service.
4.3 Using the ID information, the Company will perform all administrative tasks such as checking whether the Member can use the Service, using the account information.
4.4 Members are required to manage their account information with the duty of caring of a good manager. The Company will not be held responsible for any damages caused to the Member by their neglecting to manage themselves account information, allowing third-party persons access to their account.
4.5 If a Member suspects that his account information has been stolen or is being used by a third party then that Member must notify the Company of this matter immediately and follow instructions given.
4.6 The Company will not be held responsible for any damage caused if the Member does not notify the Company of the matter described in 4.5, or if the Member does not follow the instructions given by the Company in the case that they do notify the Company.
5. Provision and Changing of Member Information
5.1 If the Member is required to provide the Company with information under these Terms of Service, then the Member must provide truthful information, and in the case that there are damages caused to the Member if they provide false information, then they cannot be guaranteed protection.
5.2 The Company cannot modify any information provided by the Member as long as it does not cause any adverse effects to the operation of the Service such as disruption to the Service, defamation, etc. However, in the case that the Company modifies information provided by a Member for any of the aforementioned reasons, or if the Member is required to modify the information, the Company will alert the Member of such via text message, email, or otherwise.
6. Protection and Management of Personal Information
6.1 With regards to the protection and use of Members' personal information, the Company applies the relevant laws and regulations as well as its own separate Personal Information Processing Policy.
6.2 The Company does not take responsibility for any information leaked due to reasons attributable to the Member, including Members' account information.
7. Obligations of the Company
7.1 The Company complies with relevant laws and regulations, and exercises in good faith the rights established in these Terms of Service and implements its duties.
7.2 The Company must have in place a security system for the protection of personal information (including credit information) so that the Members may use the Service in a safe and secure manner, and the Company must comply with and make available to the public its Personal Information Processing Policy. The Company must ensure that the personal information of the Members is not made available or provided to third parties for any other purpose other than the purposes outlined in these Terms of Service and the Personal Information Processing Policy.
7.3 If a defect occurs in the equipment when attempting to improve the Service in order to provide a continuous and stable service, the Company will make all efforts to repair and/or restore the Service without delay so far as there are no unavoidable reasons for not doing so such as a natural disaster, emergency situation, or if the defect/s and/or disorder/s cannot be put right using the currently possessed technology, etc.
7.4 If comments or complaints from (a) Member(s) regarding use of the Service are deemed justifiable, the Company must handle such comments/complaints, and the Company must inform the Member(s) of the progress of which via the board contained in the Service, by email or SMS, etc.
Members must never:
8.1. Give false information when applying or making changes;
8.2. Steal others' information;
8.3. Change the information published by the Company;
8.4. Collect the personal information or account information of other Members;
8.5. Transmit or publish information prohibited by the Company (computer program(s) etc.);
8.6. Infringe intellectual property rights of the Company or any third parties, including copyrights;
8.7. Damage the reputation of the Company or any third party or disrupt work;
8.8. Make public or publish any information which disrupts public order and good morals, such as obscene or abusive speech, writing, images, sounds, or otherwise.
8.9. Use the Service for the purposes of making profit, sales or advertising without the consent of the Company;
8.10. Reverse engineering, decompiling, disassembly and any other malicious attempts to copy, decompose or amend any portion of the service;
8.11. Any other action that the Company deems inappropriate.
9. Changing the Service and Modifying the Contents
9.1 The Company has the overall right to create, modify, maintain, and amend the contents of the Service it provides to the Members.
9.2 If there are any significant reasons such as it being necessary to change the Company's policies relating to the provision of the Service due to the need for changing the Service due to the provision of the Service becoming difficult due to reduced use of the Service or degeneration of the business structure, the Company may change or modify the Service wholly or in part in accordance with operational or technical requirements.
9.3 If there are any changes regarding the contents of the Service, the use methods, or the use times, the Company will notify the Members of the details on the reasons for the changes, the contents to be changed, the data of application, etc. before or after the changes are made.
9.4 The Company may modify, cease, or change wholly or in part the Service, which it is providing free of charge, in line with its political or operational requirements, and as long as there are no special changes to the applicable laws relating to this, the members will not be compensated in any way in such cases.
10. Responsibilities of Service Users
Members must not use the service to resell products, publish inappropriate information, or do anything that may hinder the sales performance of any third party, and must not infringe upon the rights of any third party such as expressing false information or defaming any third party. The Company will not take responsibility for the results or damages, legal action taken by the relevant institution(s), etc. caused by violation of the above. If there are any damage caused to the Company or to any third parties on account of the Member's violation, the Member will be liable for the damages suffered by the Company and/or the third party/parties. In addition, if the Company is required to pay a third party for any damages caused by a Member's violation, the Company may exercise its right to indemnity against that Member.
11. Collection of Information, etc.
11.1 The Company shall have a right to keep and maintain the information related to services that the members use.
11.2 The Company will view the information in such cases as it deems it necessary to do so for the arbitration of disputes, handling civil complaints, etc.
The information will be held only by the Company and not made available to any third party which has not received lawful authorization.
12. Provision of Information and Advertising
12.1 The Company may provide Members with a variety of information that it deems as necessary during the course of the Members' use of the service via email, notifications, text messages, etc. Members may stop receiving messages at anytime with the exception of information related to payments in accordance with relevant laws, and replies to customer inquiries, etc.
12.2 The Company may show advertisements regarding the operation of the Service via the Service screen, website, email, etc. Users may stop receiving emails containing advertisements.
13. Creation and Management of Posts
13.1 All rights and responsibilities regarding the contents posted within the Service are assumed by the Members who created them, and the Company reserves the right to delete any material that it considers come under any of the following reasons without giving prior notification to the Member in question. The Company will not assume any responsibility for this. If the Company is required to pay a third party for any damages caused by a Member's violation, the Company may exercise its right to indemnity against that Member.
① If the content is slanderous or is false information about another Member or any third party and causes damage to their reputation or interferes with their business.
② If the content violates public order and/or good and laudable custom.
③ If it is deemed to be linked to any illegal activities.
④ If the content infringes the copyright or any other right(s) of the Company, the copyright of any third party.
⑤ If the Member posts obscene content within the Service or posts a link to obscene content within the Service.
⑥ If the Member posts any commercial advertising or sales promotion without receiving the prior approval of the Company.
⑦ In case members share invalid, malicious or slanderous information, spam calls data, etc.
⑧ If the Member posts content which interferes with the Company's operations without good cause.
⑨ Any other behavior deemed to be inappropriate by the Company.
13.2 The contents which Members can post within the Service are as follows:
① "Information Sharing Database" comprising received calls information.
② "Spam Number Database" comprising numbers information as members receive calls.
③ Member profile information.
13.3 The methods of managing posts are as follows:
① If the content posted by the Member includes anything that is in violation of such laws as the 'Act on Promotion of Information and Communications Network Utilization and Information Protection', and/or copyright laws, etc.
, then the rightful party may request that the content posted be ceased or removed, and the Company must take appropriate action in line with the relevant laws and regulations.
② If there are any suspicions of infringement of rights even if there has not been any request received as explained in ①, or if there are any violations of any of the Company's policies or relevant laws and regulations, then the Company may take temporary measures with regards to the content posted.
③ The information shared by Members is displayed on the mobile phone screens of other Members when they have incoming calls from the numbers whose information has been shared, as well as in the recent call history.
④ The numbers posted and/or reported as spam by Members are managed on the server for just three months, and are displayed on the screens of the mobile phones of Members when they have an incoming call from such numbers, as well as in the recent call history.
14. Provision of Posted Information
14.1 The Company may provide the information posted by Members to partner companies.
14.1 The posted information shared is as follows: ① If a Member has received a call and then reported the number of that caller as spam, the statistics relating to the number of times that number has been reported as spam and the number of times it has been reported as safe.
② The shared information registered by members who have received a call from a certain number so that other Members can check information on that number prior to accepting a call from that number.
③ With regards to posted information, only the statistics and shared information on phone numbers are provided, and no information on Members is provided.
15. Jurisdiction of Copyright
15.1 The copyright and intellectual property rights are owned by the Company. However, the work received in accordance with business partnerships is excluded.
15.2 Members must not duplicate, transmit, publish, broadcast or use any other method to use the information obtained from using information which falls under the jurisdiction of copyright of the Company or any partner company for profit, or cause such information to be used by any third party without the prior approval of the Company or the relevant partner company/companies.
15.3 Members are granted only the right to use their account, the Service contents, etc. in accordance with the terms and conditions set forth by the Company.
Members cannot dispose of this in any way, for example, transferring, selling, providing as collateral, etc.
16. Cancellation and Termination
16.1 Members can apply to terminate the contract at anytime via the Withdraw Membership option within the Service.
The Company shall process this request immediately in accordance with the relevant laws and regulations.
16.2 If the Member terminates the contract, the Company shall erase all data on the Member except in the case that there are reasons for holding the information in accordance with relevant laws and regulations or the Company's Personal Information Processing Policy.
However, the posts that the Member made will not be deleted even if the Member terminates the contract.
16.3 If a Member violates any obligation set forth in these Terms of Service, the Company may terminate the contract following notification to the Member.
However, if the Member has caused damage to the Company due to negligence, then the Company may terminate the contract without giving prior notification to the Member.
16.4 If the Company terminates the contract, then the Company must provide the Member with the following in writing, by emails or otherwise.
① Reason for termination
② Termination date
17.Restrictions on Member's Use of Service
17.1 The Company can restrict the Member's use of the Service in such case as the Member violates the obligations set forth in these Terms of Service or interferes with the normal operation of the Service, in steps by giving warnings, terminating the contract, etc.
17.2 A discrete Restriction Policy enacted by the Company shall apply to terms and conditions and details of restrictions, to the extent abiding by the restrictions set forth in Article 17 herein.
17.3 Members may apply for an appeal against restriction on use as described in this Article in accordance with the procedure set forth by the Company. If the Company deems the Member's appeal as justifiable, it will reinstate the Member's right to use the Service immediately.
17.4 Other restrictions regarding use of the Service are as follows:
① The phone profile registered by the Member on their personal profile is automatically rendered inactive if the Member does not use it for a period of seven days, and if the Member does not use it for a period of 30 days, then all information on the Member will be reset.
This is to prevent continued exposure of previously registered Members phone profiles even though they are no longer using the Service.
② Members who are using the shared information database who register profanities, expletives, or inappropriate language will be classified as bad members and will be dealt with accordingly.
Bad members may be suspended from using the Service temporarily or indefinitely, and management standards of bad members will be in accordance with separately set internal operating standards.
18.1 The Service provided by the Company is provided free of charge, and as such the Company does not provide compensation in cases where there is not intentional or gross negligence.
18.2 If a Member causes damage to the Company through violation of these Terms of Service, that Member will be responsible for providing the Company with compensation for that damage caused.
18.3 If the Company is unable to provide the Service due to such things as natural disasters or any other circumstances out of the Company's control, the Company will be exempt from the responsibility of delivering the Service.
18.The Company is exempt from the responsibility of hindrances to use of the Service and termination of contract due to reasons attributable to the Member.
18.5 The Company will not be held responsible for damages caused to any Member due to key communications business operators' stoppage of or abnormal provision of telecommunications services as far as the Company has not committed intentional or gross negligence.
18.6 The Company does not guarantee the dependability or accuracy of the information or data posted by Members within the Service, and will be exempt from responsibility for such as far as it has not committed intentional or gross negligence.
18.7 The Company is exempt from responsibility regarding the use of the Service, which is provided free of charge, as far as there are no specials regulations in the relevant laws.
18.8 The Company is not obligated to monitor the products being advertised on linked websites on the screens within the Service or the contents or quality of the Service and assumes no responsibility for any other content-related matter.
18.9 The Company is exempt from responsibility for any transaction problems occurring between members or between members and third parties via the service.
18.10 The Company, the Company's employees, and the Company's agents shall not be liable for any damages arising from matters such as the following: ① Damage resulting from falsities or inaccuracies in the information provided by Members or any other information (phone number, company name, etc.
) ② Damage resulting from falsities or inaccuracies in personal profiles and call messages.
③ Personal damages resulting from ignoring properties or details and connecting to and using the Service.
④ Damage resulting from any unauthorized access to the server by a third party or illegal use of the server.
⑤ Damage resulting from illegal interference of transmissions to or from the server, or from interruption of the server.
⑥ Damage resulting from any viruses, spyware or other malicious programs illegally transferred or spread by a third party using the Service.
⑦ Damage resulting from errors, omissions, missing or destroyed transferred data.
⑧ Responsibility for any civil and criminal liability regarding defamation or other illegal acts resulting from Members' use of the Service.
19. Jurisdiction and Governing Law
The Korean version of these Terms of Service is the one that is applicable, and the applicable laws are the laws of the Republic of Korea. In the event that there is a dispute between the Company and (a) Member(s) resulting from the Service, priority is to the District Court of the Republic of Korea.
Revised on May 1, 2016