“Korea Subway” Terms and Conditions of Use
The purpose of the following Terms and Conditions of Use(‘T&C’) is to establish guidelines on rights, duties and responsibilities of cybermall Users utilizing the internet-related services (hereinafter referred to as the ‘Services’) provided by the cybermall (hereinafter referred to as the ‘Korea Subway’) operated by PENGTAI GREATER CHINA COMPANY LIMITED KOREA BRANCH.
1. “Korea Subway” refers to a virtual business site established by PENGTAI GREATER CHINA LIMITED COMPANY to trade goods or services (hereinafter referred to as ‘Goods and Services’) using computers and information communication facilities to provide Goods and Services to Users. The term can also be defined as a company operating a cybermall.
2. ‘User’ refers to a Member and Non-Member who has accessed the ‘Korea Subway’ to use the services provided by “Korea Subway” in accordance with this T&C.
3. ‘Member’ refers to a person who subscribes to become a Member by providing personal information to the “Korea Subway” and receive information about the “Korea Subway” and become a continual User of the services provided by the “Korea Subway”.
4. ‘Non-Member’ refers to a User of services provided by the “Korea Subway” without subscription.
5. ‘Content’ means those services provides by “Korea Subway” which is related to
Travel information, chat room and BBS such as station searching, tourist spot,
shopping mall, special restaurant, hotel, etc. According to Act Article 4, Section 2,
those services provide by “Korea Subway” which is related to information and
material in the form of signs, characters, voices, sounds and images as well as video,
etc. These signs, characters etc. are used in information networks and regulated in accordance with Section 2 Article 1 Clause 1 pertaining to the Information Network
Promotion and Information Security Act.
3. Display, Explanation and Amendment of Terms and Conditions of Use
1. The “Korea Subway” shall, for easy recognition by Users, display the contents of this T&C, name of company and representative, business address (including an address handling customer complaints), phone number, fax number, email address, business license number, e-commerce permit number, and the name of personal information manager on the main page of the “Korea Subway”. Only the content of this T&C can be displayed though a link page.
2. “Korea Subway” may make amendments within the permissible range without violating applicable laws such as Consumer Protection Laws, Regulation of T&C Act, e-commerce Transaction Act, Electronic Signature Act, Information and Communication Network Promotion Act, Door-To-Door Sales Act, and other related Consumer Protection Laws.
3. “Korea Subway” shall specify the effective date and the reasons for amendment of the terms and have post on the initial screen for 7 days prior to effective date until the day before the effective date. If the amendment is modified to the User’s disadvantage, then “Korea Subway” shall grant at least 30 days of grace period for notice. In this case, “Korea Subway” shall clarify the ‘before and after’ changes in an ‘easy-to-understand’ manner.
4. When “Korea Subway” makes an amendment to the T&C, the modified T&C shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old T&C. However, if the User who has already signed the contract wishes to have the amendments administered, then the User may send his/her intent to “Korea Subway” and acquire consent from “Korea Subway” within the notice period stated in Clause ④ and it shall be applied accordingly.
5. Any information not specified and interpreted in this T&C shall be in accordance with the e-commerce Transaction Guidelines and Related Consumer Protection Acts provided by the Fair-Trade Commission and other applicable Consumer Protection Laws and Regulation of T&C Act.
4. Provision & Replacement of Service
① “Korea Subway” provide the following services
1. Seoul, Daejeon, Daegu, Gwangju, Busan MTR system map service
2. Travel information such as tourist spot, special restaurant, shopping mall, hotel, etc. of Seoul, Jeju, Daejeon, Daegu, Gwangju, Busan
3. Travel schedule of Soeul, Jeju, Daejeon, Daegu, Gwangju, Busan
4. Coupons and event information
5. Information sharing between users including chatting, travel schedule and BBS
6. Badiu, Google Korea Map Service
7. Other services which is published by “Korea Subway”
② “Korea Subway” may replace Goods and Services provided in future T&C in the event that Goods and Services are sold out or technical specifications are revised. In this case, “Korea Subway” shall immediately announce the replacement of Goods and Services and the date of application on the page where present Goods and Services are displayed.
③ In the event that Goods and Services are replaced because of a change in technical specifications or when Goods and Services are sold out, “Korea Subway” shall immediately notify the cause of replacement to the addresses of the Users.
④ Following the previous Clause, “Korea Subway” shall compensate for all damages caused. However, this shall not apply if it is a free service and those event is not caused by its intention or negligence.
5. Suspension of Service
1. “Korea Subway” may temporarily suspend its services as a result of the following reasons: maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication.
2. “Korea Subway” shall compensate User or any Third Party Member of damages caused by the temporary suspension of services due to reason(s) detailed in Clause ①. However, this shall not apply if it is a free service and those event is not caused by its intention or negligence.
3. In the case of a conversion of business item, abandonment of business, merging between businesses and for other various reasons, “Korea Subway” shall apply compensation as specified in Article 8 except for the free services.
1. The User shall apply for Membership or login though SNS (Wechat, QQ, Weibo, Facebook, Twitter) by expressing his/her intent to agree to this T&C after filling out the form designated by “Korea Subway” with Member’s personal information.
2. “Korea Subway” shall register all Users who apply for Membership in the manner stipulated in Clause ① unless the User is not engaged in one of the following issues:
① After the applicant has lost Membership for reasons indicated in Article 7 Clause ③, the applicant may acquire approval to re-subscribe for Membership three years after the loss of Membership.
② Entry of false information or omission in the registration form.
③ If deemed that registering the User would result in significant hindrances to “Korea Subway”.
3. Establishment of Membership becomes effective at the time that the Member receives “Korea Subway” approval of Membership.
4. Those members need to change any of the information after registered membership, the member shall notify the change to "Korea Subway" within a period of time.
7. Withdrawal from Membership & Loss of Eligibility
1. Members of “Korea Subway” may request, at any time, to withdraw from Membership and “Korea Subway” shall immediately process the request.
2. “Korea Subway” may limit or suspend Membership for the following reasons:
① Entry of false information or omission in the registration form.
② If the purchase payment of goods and other “Korea Subway” usage related liabilities have not been paid for before the appointed date.
③ If Member interferes with others to use “Korea Subway” or threatens the order of e-commerce (such as the illegal use of personal information).
④ If Member uses “Korea Subway” to act against public order and morals prohibited by the law and this ‘T&C.’
⑤ If members break the duties according to Section 13 Article 2 or wrong use mention at Section 7 Article 3 which is more than the rate setting by “Korea subway”.
3. “Korea Subway” may forfeit Membership of the Member whose Membership was suspended or limited, if the same actions are repeated twice or more, or if the cause is not corrected within 30 days.
4. When “Korea Subway” forfeits Membership, all information will be cancelled. Prior to cancellation, “Korea Subway” shall notify the Member and give at least 30 days or more to grant an opportunity to explain the cause.
8. Notification to Members
1. Any notifications from “Korea Subway” will be sent to the email address designated in advance by the Member during registration.
2. In the event of sending notifications to unspecified Members, a display of notifications on the notice board on the website for 1 week or more may replace sending emails. However, “Korea Subway” shall send individual notice to a Member in regard to matters which may have a significant influence in his/her transaction.
9-1. Establishment of service agreement
1. “Korea Subway” offers members the following subparagraphs, or by similar procedures apply to the use of content services. “Korea Subway” contracts ago, the following matters concerning members to understand and accurately, without error or mistake and to provide information to trade.
① Contents of a list view and select
② See more information content
③ Confirm the content and photos posted on Travel talk and BBS
④ Confirm those content posted on Travel talk and BBS is for data collection and
9-2. Obligations of Members regarding the use of Content Services
If “Korea Subway” members break one of the following related obligations, some or all services may not be used for a limited period, or cease the use of the terms upon request.
1. When the members apply for or change the information, fabricating false facts,
the use of other people's information or the behavior of sharing my information.
2. When the members have violated “Korea Subway” or right of third-party
managers, infringe copyright or intellectual property rights
3. Members deliberately hinder content services operations.
4. A child under 14 years of age has not obtained consent from his/her legal representative (such as parents and so on)
9-3 Prohibited and suspend improper use of information services
1. For the use of the "Korea Subway", the following circumstances are considered
① Use the same account to log in on two or more computers or mobile phone at
the same time.
② Use the same account to log in by those computer, mobile phone and IP address which “Korea Subway” does not authenticate
2. "Korea Subway" based on the contents of the previous statement, if there are
users who violates the relevant provisions, will be based on the following to take
① At the first discover, you will be warned by e-mail or pop-up.
② At the second discover, the use of the content service will be suspended while
warnings are made by using the phone or as same as the previous one. In this case,
the user can cancel the pause by sending the "re-occurrence prevention
③ At the third discover, the use of the content service will be stopped at the same
time when warnings are made as same as the first one. At the same time, we will
provide 30 days to explain the relevant content, if the reasons are not reasonable,
users will be forced to withdraw from membership.
3. According to the regulations in ②, users can not request to extend the use of
10. Protection of Personal Information
1. “Korea Subway” collects a minimum amount of information necessary to execute the purchase contract with Users. The following items are necessary information and others are optional.
① Preferred ID (Email Address)
② SNS ID(Those member who use SNS to login)
③ Password (for Members)
④ Nickname (for using Travel Talk, BBS, etc. community service)
2. “Korea Subway” must obtain approval from User when collecting and using personal information used for identification/verification of User.
3. Personal information may not be used for any other purposes or be provided to any Third Party without the approval of the User, and “Korea Subway” shall be responsible for any violation of the matter. Except for the following case items:
① For delivery of Goods, “Korea Subway” provides the delivery service provider with minimum information of User (name, address, phone number) to perform such duty
② For statistics, academic research or market research purposes, using the information provided in a form where individuals are not identifiable
③ For personal identification purposes to prevent illegal use of personal information
④ For an inevitable case by regulation of law or legislation
4. In the event that “Korea Subway” is required to acquire the approval of User by Clause ② and ③, “Korea Subway” shall specify its personal information manager (affiliation, name, phone number, other contact information), purpose of collection and use of information, information about Third Party (recipient, purpose of provision and the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the Law related to the Stimulation of Use of Information and Communication Network & Information Protection. The User may at any time cancel his/her approval.
5. User may, at any time, request for confirmation and correction of error in their personal information possessed by “Korea Subway” and “Korea Subway” shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, “Korea Subway” shall not use the applicable personal information until error is corrected.
6. For protection of personal information, “Korea Subway” shall limit the number of managers and be responsible for any damages caused by loss, disclosure or falsification of personal information of the User which includes credit card and bank account information.
7. “Korea Subway” or any Third Parties who received personal information from “Korea Subway” shall without any delay destroy all personal information once the purpose of collection has been achieved.
8. According to Article 14 Clause ①, those services independently provided by the Linked “Korea Subway, is not suitable for “Korea Subway” Personal Information
Policy. Users have the responsibility to confirm the related Personal Information Policy
and T&C during using those services and goods provide by the Linked “Korea Subway”.
For that, Korea Subway will not bear any responsibility.
9. According to Personal Information Policy, “Korea Subway” shall consigns the third-
party to manage and process the personal information.
11. Obligations of “Korea Subway”
1. “Korea Subway” shall not take any actions against public policy or actions restricted by the law and this T&C. “Korea Subway” shall put its best efforts in providing Goods and Services on a stable basis in accordance with the provisions in this T&C.
2. “Korea Subway” shall be equipped with a security system to protect personal information of Users (including credit information) and provide a safe environment for Users to use the online services.
3. In accordance with Article 3 of the Law related to 『Fairness of Display and Advertisement』, “Korea Subway” shall be responsible to compensate User(s) if damages were caused by displaying or adding unjust or unreasonable advertisement for certain Goods and Services.
4. “Korea Subway” shall not send any profit-making emails which are not wanted by Users.
12. Obligations for ID & Password of Member
1. Member shall be responsible for the management of his/her ID and password, except for the case in Article 10.
2. Member shall not allow any Third Party to use his/her ID and password.
3. When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify “Korea Subway”, and follow the instructions of “Korea Subway”.
4. Those members who sign up by SNS, you will not be held liable for the case when there is no cause for the "Korea Subway" when the member ID and password are leaked.
13. Obligations of User
1. Users should not do following behaviors.
① Register false information at the time application or revision of information
② Use others’ personal information
③ Change information displayed on “Korea Subway”
④ Remit or display information (computer program and others) other than the information put on by “Korea Subway”
⑤ Infringe copyright or intellectual property rights of “Korea Subway” or the Third Party
⑥ Take any action that harms the reputation and interrupts the operation of “Korea Subway” or a Third Party
⑦ Disclose or display any information containing indecent or violent message, video, voice, and other information going against good public order and morals.
2. During using “Korea Subway”, users need to confirm those information, schedule
Or messages posted on the notice board should not violate the right of third-party including Portraiture right or intellectual property rights. In the event of a legal dispute between the third party and the violation of this subparagraph, the relevant fees
and liabilities shall be borne by the user, Korea Subway (Or PENGTAI GREATER
CHINA will not bear any responsibility)
14. Relationship between Linking “Korea Subway” & Linked “Korea Subway”
1. In the event that the main “Korea Subway” and the sub “Korea Subway” are linked with a hyperlink (ex. the subject of hyperlink includes text, image and video), the former is called as the Linking “Korea Subway” (Website) and the latter is called as the Linked “Korea Subway” (Website).
2. If the Linking “Korea Subway” specifies and notifies the fact that it is not responsible for any transaction with the User for any Goods and Services independently provided by the Linked “Korea Subway” on the initial page of the website of the Linking “Korea Subway” or a pop-up window, then the Linking “Korea Subway” is not responsible for such transaction.
15. Copyright & Limitation of Use
1. Copyright on work, written by “Korea Subway”, and other intellectual property rights belong to “Korea Subway”
2. The User may not use or cause any Third Party to use information with intellectual property rights belonging to “Korea Subway” for reproduction, transmission, publishing, distribution, broadcasting or other profit making use without prior consent of “Korea Subway”. The User may not use or cause any Third Party to use information with intellectual property rights belonging to “Korea Subway” for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of “Korea Subway”.
3. When any Posted Article of Member includes any content in violation of related laws such as “Information Network Act”, “Act on Copyright”, etc. a person with such rights cam request to suspend posting, deletion of Posted Article, etc. in accordance with procedures defined be related laws.
4. Even there is not any request of a person with such rights, if there is any reason of acknowledging infringement of rights or it is in violation of Company policy and related laws, Company may take actions temporary measures, etc. for Posted Article.
16. Limitation of Liability
1. “Korea Subway” is freed from any responsibility in the event of service limitation or discontinuance caused by war, environmental disaster or another national emergency.
2. “Korea Subway” is not responsible in problems with service provision caused by the user.
3. “Korea Subway” is not responsible for the information or other materials and the accuracy and truthfulness thereof published by the user through hotel’s services.
4. “Korea Subway” is waived of any responsibility for any transactions, etc. between Users and between a User and a 3rd party made through the Service.
5. “Korea Subway” shall not be held liable for the use of the Free Service unless the applicable laws and regulations provide otherwise.
6. Users shall take any responsibility for faults caused by any careless management or use of a member ID and password delivered to users, or any wrong use by the a
party unless the Institute is responsible for the major fault in management.
17. Resolution of Dispute
1. “Korea Subway” shall give priority to any opinion or complaint made by User(s). However, in the event that it may not be able to promptly deal with the matter, “Korea Subway” shall notify the User with the cause and the final settlement schedule.
2. When a User files for Remedy of Damage regarding a dispute between “Korea Subway” and the User, the matter may be commissioned for arbitration by the Fair-Trade Commission or a Dispute Conciliation Services Organization selected by the City Mayor.
18. Jurisdiction & Governing Law
1. All e-commerce related lawsuits between “Korea Subway” and User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent, then the lawsuit shall fall under exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In the event that the address or residence of the User is not clear at the time of indictment or if User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil Procedures Code.
2. Any and all e-commerce related lawsuits between “Korea Subway” and User shall be governed by the law of the Republic of Korea.
1. This T&C will be effective from 30 May 2017, and the previous T&C will be replaced.
Personal Information Policy for “Korea Subway”
PENGTAI GREATER CHINA LIMITED COMPANY (Korea Subway) ensures the privacy of personal information and the rights and interests of users under the Protection of Personal Information Act. The following policies have been established to satisfactorily solve user difficulties regarding personal information.
1. Purpose of Personal Information Processing
“Korea Subway” processes personal information for the following objectives. Processed information will not be used for any other purpose than the stated objective and in case of changes to the policy prior consent will be obtained.
1. Membership Management
- Identification, personal identification by using membership service
- Prevention of wrongful use of the services, confirm consent/agreement from legal representative for users under the age of 14, preservation of records for dispute mediation, and processing of complaints.
- Forward notices
2. To provide goods or services:
Personal information is processed to provide services, send statements, offer contents, provide customized services and payment settlement.
3. To utilize in marketing or advertisement:
- Personal information is processed to develop new services (products)
- Offer customized services, events or advertisement information
- Participating opportunities, and confirm usefulness of services
- Checking the validity of the service, grasping the frequency of access, or statistics on the use of services by members
2. Items of personal information collection
(1) Items of personal information collected at the time of membership
- Login ID (Email address), SNS ID (Those members who sign up by SNS), Password, Nickname
(2) Information generated during the process of using other services or business processes
(3) Access IP information, cookies, service usage logs, access logs
3. Collection Method
1. “Korea Subway "collect personal information by the following way.
- Homepage, those members who use SNS to login (Wechat, QQ, Weibo, Facebook, Twitter), Paper foam, Contact number, Fax, consultation notice board, Lucky draw, Generation information
4. Personal Information Processing and Retention Period
1. As a general rule, once the objective for personal information is met, the user's personal information is immediately destroyed. However, as stated below, certain information is retained for the indicated period of time for the following reasons.
2. The processing and retention period of personal information is as indicated below
All of the personal information “Korea Subway” have be collected will be used for those different kinds of purposes mention on the form of the Annex No. 1. for 1 year start from the date of consent. However, as stated below, certain information is retained for the indicated period of time for the following reasons.
- Grounds for the Retention: “Act on the Consumer Protection in the Electronic Commerce Transaction, etc.(CPEC)”
- Basis of retention: However, some of the information will be safely retained for a period of time to prevent any problems in the use of our services or prevent any unlawful use of our services. In addition, we will retain your information for the period of time stipulated under applicable laws and regulations which include the following:
1) Login records relating to the use of the services
Basis of retention: ACT ON THE PROTECTION OF COMMUNICATIONS SECRETS,
Period of Retention: Three (3) months
2) Records concerning Indication/Advertisement
Basis of retention: ACT ON CONSUMER PROTECTION IN ELECTRONIC COMMERCE
TRANSACTIONS, ETC, Period of Retention: Six (6) months
3) Records concerning contract and withdrawal, etc.
Basis of retention: ACT ON CONSUMER PROTECTION IN ELECTRONIC COMMERCE
TRANSACTIONS, ETC, Period of Retention: Five (5) years
4) Records concerning Payment and the supply of goods
Basis of retention: ACT ON CONSUMER PROTECTION IN ELECTRONIC COMMERCE
TRANSACTIONS, ETC, Period of Retention: Five (5) years
5) Records concerning consumer complaints and handling of disputes
Basis of retention: ACT ON CONSUMER PROTECTION IN ELECTRONIC COMMERCE
TRANSACTIONS, ETC, Period of Retention: Three (3) years
6) Records concerning personal location information
Basis of retention: ACT ON PROTECTION & USE OF LOCATION INFORMATION,
Period of Retention: Six (6) months
7) Records concerning Electronic Financial Transactions
Basis of retention: ELECTRONIC FINANCIAL TRANSACIONS ACT, Period of Retention: Five (5) years
5. Rights and Responsibilities of the Information Owner and Method of Exercises
1. As the personal information owner, users can exercise the following rights.
1) Right to modify personal information
2) Right to correct any errors if any
3) Right to demand deletion
4) Right to stop processing
2. In cases where the user requests a correction of error or deletion of personal information, “Korea subway” will not use or provide the respective personal information until the correction or deletion is completed.
3. Exercising of rights under the preceding section 1 may be done through a proxy such as a legal agent or delegating person. In this case, a power of attorney in the form of the Annex No. 11 of the Privacy Protection Law Enforcement Regulations must be submitted.
6. Procedures and methods of personal information destruction
1. Destruction Procedures
After obtaining the objective of the information registered by users, the information is transferred to a separate database (separate document for paper records) and stored for a certain period or immediately destroyed according to internal policies and related regulations.
2. Personal information transferred to the separate database will not be used for any purpose other than legislation.
2. Destruction Method
1) A technical method is utilized to destroy information kept in electronic files so the records cannot be restored.
2) Personal information printed on paper is shredded or incinerated.
7. Measures to ensure the safety of personal information
1. Minimization and education of employees dealing with personal information
- Minimize the assignment of personal information handlers and conduct regular training
2. Regular in-house audits
In-house internal audits are conducted on a regular basis for the security of personal information.
3. Establish and implement an internal management plan.
We established and implemented an internal management plan in order to ensure the safe handling of personal information.
4. Personal information password protection.
The personal information of users is stored and managed under password protection. Only the user may know their password and we use unique safety functions to protect important information – password protecting the file/transfer data and file locking functions.
5. Technical measures against hacking
Personal information is protected by security software for the prevention of leakage, damage or tampering due to hacking or computer virus infection, and the software is periodically updated and tested. All systems are installed in access-controlled areas and technically and physically monitor and block access from outside.
6. Restrict access to unauthorized personnel.
We established and operate access control procedures for the physical location storing personal information.
7. Safe keeping of access records and forgery prevention.
We keep record and manage the access to the personal information processing system for at least 6 months. We utilize security functions to prevent the forgery, theft, and loss of access records.
8. Manager of Personal Information Protection
① “Korea Subway” has appointed the following personal information protection manager and supervisor in order to protect personal information and handle complaints related to personal information.
▶ Personal Information Protection Manager
Name: Lee Kyung Hee
Department: Platfoam business Group Platfoam Team
Title: Team Leader
Contact Information: 02-2186-8173
Email address: email@example.com
9. Obligation of notice
Amendment of the law, change of government policy, change of internal policy or additional content due to change of security technology, delete or modify. It will be announced without delay though Homepage or Email. The policy will be effective from the date of notice.
Personal Information Policy version number: V1.3
Date of enforcement: 30 May 2017