The Terms and Condition of Use on Location Information of SMTOWN provide for the following:
1. Purpose
The purpose of the Terms and Conditions is to set forth the rights, obligations and responsibilities between the Company and the users who use the location-based services as well as other necessary matters for the location-based services provided by SM Entertainment Inc. (hereinafter, the “Company”).
2. Effectiveness and Amendment of Terms and Conditions
① The Terms and Conditions shall become effective when a user agree to the Terms and Conditions and is registered as a location-based service user in accordance with the procedures stipulated by the Company.
② If a user clicks the “Agree” button in the Terms and Conditions online, he/she is deemed to have read and fully understood the details of the Terms and Conditions and agree to its application.
③ The Company may amend the Terms and Conditions to the extent that such amendment will not violate the relevant laws and regulations such as the ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION, the CONTENT INDUSTRY PROMOTION ACT, the ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, the FRAMEWORK ACT ON CONSUMERS, the ACT ON THE REGULATION OF TERMS AND CONDITIONS, etc.
④ In case of any revision to the Terms and Conditions, the Company shall notify such revision on its website at least seven days prior to the date of application by specifying the exiting Terms and Conditions and the revised Terms and Conditions as well as the application date and the reason for revision. However, if a revision is unfavorable to the users, the Company will notify such revision on its website at least thirty days prior to the application date and then give an individual notice to the users in an electronic form (E-mail, SMS, PUSH, etc.).
⑤ Even though the Company has clearly notified the users pursuant to the preceding provision that their failure to express an intention to reject for the period from the date of public notice/notification to the effective date of the revised Terms and Conditions, if a user fails to express his or her intention to reject it, the user is deemed to have approved the revised Terms and Conditions. If a user does not agree to the revised Terms and Conditions, the user may cease to use the services and terminate the use agreement.
3. Rules Other Than Terms and Conditions
The Terms and Conditions shall apply on a fair basis in accordance with the principle of good faith, and any matters not specified in the Terms and Conditions shall be governed by the relevant laws and regulations such as the ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION, the PERSONAL INFORMATION PROTECTION ACT, the ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, the FRAMEWORK ACT ON TELECOMMUNICATIONS, the TELECOMMUNICATIONS BUSINESS ACT as well as the Company’s terms and conditions for use, privacy policy and internal policies.
4. Details of Service
① The service provided by the Company is as follows:
Service Name
PASSPORT
Details of Service
A service that allows a user to receive digital stamps based on the user's location
② The location information service provided by the Company is free of charge. However, data communication charges incurred for using wireless services and any charges incurred for registering posts via MMS are separately billed, and are subject to each mobile carrier's policy.
5. Change/Restriction/Suspension of Service
① If the Company changes/terminates the service, the Company may notify the users of such service change/termination to the e-mail addresses registered by the users, and a notification to the unspecified individuals may be made through the Company's website notice.
② In case of any of the following reasons, the Company may restrict/suspend the use of the service by a user:
1) Where a user interferes with the operation of the service with intentional or gross-negligent acts;
2) Where there is any inevitable reason such as inspection, repair or construction of service facilities;
3) Where a common carrier under the TELECOMMUNICATIONS BUSINESS ACT suspends telecommunications services;
4) Where the use of the service is interfered due to force majeure events, such as a national emergency, a facility failure, or an excessive use of the service;
5) Where the Company is unable to maintain the location-based service due to its various circumstances or legal obstacles;
6) Where it is deemed inappropriate for the Company to continue to provide the service due to other significant reasons
③ In case of restricting/suspending the service pursuant to the preceding provision, the Company shall notify the users of the reason and the period of restriction, etc.
6. Use or Provision of Personal Location Information
① If the Company provides the location-based service by using personal location information, it will notify such details in the Terms and Conditions and obtain consent.
② The Company does not provide personal location information to a third party without the consent of a user, and if the Company provides such information to a third party for inevitable reasons, it shall notify the user in advance of the information about the recipient and the purpose of the provision, and obtain consent.
③ Whenever providing personal location information to a third party designated by a user, the Company shall immediately notify the user of the person who receives such personal location information, the date and time of provision, and the purpose of provision through the communication terminal device collecting the personal location information. However, in each of the following cases, the Company will notify a user via the communication terminal device or e-mail address designated by the user, website posting, etc.:
1) Where the communication terminal device collecting the personal location information does not have the function of receiving text, voice, or video; or
2) Where there is an advance request for giving a notice through a communication terminal device other than the communication terminal device collecting the user’s personal location information, or e-mail address, home page posting, etc.
④ The Company will automatically record and preserve the data confirming the use and provision of personal location information pursuant to Article 16 (2) of the ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION, and keep the applicable data for six months.
7. Rights of Personal Location Information Subject
① A user may withdraw his/her consent, in whole or in part, to provide a third party with location-based services using personal location information and to provide personal location information to the Company at any time.
② Where a user withdraws his/her the consent in whole or in part, the Company shall immediately destroy the collected personal location information and the data confirming the collection, use, and provision of the location information; Provided, however, That in case of a partial withdrawal of the consent, the aforementioned obligation shall be limited to the data confirming the collection, use, and provision of personal location information which has been withdrawn.
③ A user may request the Company to temporarily suspend the collection, use, or provision of personal location information at any time, and the Company shall not refuse such request and have the technical means to comply with such request.
④ A user may request the Company to inspect or notify each of the following data, and if there is an error in the relevant data, a user may request correction:
1) The data confirming the collection, use and provision of location information on the subject; or
2) The reasons why the subject’s personal location information has been provided to a third party under the ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION or other laws and regulations, and its details
⑤ In order to exercise the rights under Paragraphs 1 through 4, a user may make such request to the Company by using the contact information provided in Article 13 of the Terms and Conditions.
8. Compensation for Damage
① If the Company suffers damages due to any acts that violate the provisions of Articles 15 to 26 of the ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION, a user may claim for damages against the Company. The Company shall not be exempted from liability unless the Company proves that there is no intentional or negligent act.
② If the Company suffers damages due to a user’s violation of the provisions of the Terms and Conditions, the Company may claim for damages against the user. In this case, a user shall not be exempted from liability unless the user proves that there is no intentional or negligent act.
9. Limitation of Liabilities
① The Company shall not be liable for any damages incurred to the users if the service cannot be provided in each of the following events:
1. In case of acts of God or force majeure events equivalent thereto;
2. In case of intentional obstruction of the service by a third party who entered into a partnership agreement for service with the Company for the purpose of providing the service;
3. In case of service interruption due to the reason attributable to the users; or
4. In case where there is no intentional or negligent act by the Company, other than the reasons provided in Paragraphs 1 through 3
② The Company shall not guarantee the reliability, accuracy, etc. of location-based information and any information, data or facts posted on location-based services, and shall not be liable for any damages incurred to the users caused by it.
10. Mediation of Resolution and Others
① The Company will faithfully consult with a user to resolve any dispute related to location information.
② If the dispute is not resolved in the consultation under the preceding paragraph, the Company and the user may apply for adjudication to the Korea Communications Commission pursuant to Article 28 of the ACT ON THE PROTECTION AND USE OF LOCATION INFORMATION, or apply for mediation to the Personal Information Dispute Mediation Committee pursuant to Article 43 of the Personal Information Protection Act.
③ If the dispute is not resolved by Paragraph 2 of this Article, both the Company and the user may file a lawsuit with the competent court under the Civil Procedure Act.
11. Information on Company and Location Information Manager
① The name, address, and contact information of the Company are as follows.
Company Name
SM Entertainment Inc.
Address
83-21 Wangsimni-ro, Seongdong-gu, Seoul, Republic of Korea
Contact Information
02-6240-9800/privacy@smtown.com
② The Company designates and operates a person who can take practical responsibility for ensuring proper management and protection of personal location information and handling user complaints smoothly as a location information manager. A location information manager is the head of the department that provides or manages location-based services, and his name and contact information is as follows:
Name/Department
Jong-In Seon/(Office Head) Technical Information Committee
Contact Information
02-6240-9800/privacy@smtown.com
12. Enforcement Date
The Terms and Condition of Use on Location Information shall take effect from March 28, 2025.
Public Announcement Date: March 21, 2025
Enforcement Date: March 28, 2025