Terms and Conditions of Location-Based Service
ARTICLE 1. Purpose
The purpose of the Terms and Conditions of Location-Based Service (“Terms and Conditions”) is to define the rights, obligations and responsibilities of Advanced Ventilation Applications, Inc. (the “Company”) and users of the Ava Breathe service (the “Service”) when using location-based services as part of the Service.
ARTICLE 2. Provider of Location-Based Service
- The Company uses the services of BreezoMeter (“LBS Provider”) to provide users of the Service with pollution information based on the users’ location. The contact information for the LBS Provider is as follows:
Haifa, Israel, 3303124
P.O Box – 33887
The LBS Provider will only provide the location-based information to the Company so that the Company can provide the Service. Location based information will be provided to the Company on a real time basis, whenever the user is using the Service.
- The Terms and Conditions will become effective once the Service-requesting user or personal information-providing individual agrees to the terms herein and registers as a user of the Service through a registration process provided by the Company.
- The Company will make the Terms and Conditions easily accessible to all users by posting the Terms and Conditions on the front page of the Service or sending notifications through other methods.
- The Terms and Conditions can be revised if deemed necessary by the Company. If revisions are made, notifications that contain the previous and revised Terms and Conditions, the application date of the revised version and the reason for changes made must be posted along with the current Terms and Conditions seven (7) days prior to the revised version’s application date and for a reasonable amount of time. If the changes have adverse effects on users, notices of the changes will be posted on each Service’s website and/or transmitted to each user electronically via email or SNS.
- The user will be deemed to have agreed with the revised Terms and Conditions if the user does not express any objections to the revised Terms and Conditions, even after the Company has clearly notified that the user will be seen as having agreed to the revisions unless the user expresses otherwise within seven (7) days after the revised Terms and Conditions are enforced. The user may terminate the Terms and Conditions if they do not agree with the revisions.
ARTICLE 3. Additional Terms
This Terms and Conditions shall be applied fairly in good faith. All matters not specified herein shall be governed by (the Terms of Service of the Company and) the relevant laws and commercial customs of Korea.
ARTICLE 4. Providing Service
- The Service provided by the Company, details of the Service and rates are as defined in Appendix 1. Ava Breathe Location-Based Service and Costs.
ARTICLE 5. Service Rates
- The Company currently provides the Service, including the location based information, free to users. If the Company at some point charges for the Service, it will explain to users the cost of the Service as well as methods of payment and refund policies.
ARTICLE 6. Restricting and Terminating Use of Service
- The Company may restrict or terminate a user’s use of Service if any of the following applies.
1) The user intentionally interferes with the operation of the Company’s Service
2) If Service restrictions or termination is inevitable due to inspection, maintenance or construction of facilities used for the Service
3) If a key telecommunications business operator, designated in accordance with provisions in the Telecommunications Business Act, suspends telecommunications services
4) If situations that interfere with the use of the Service arise, including a state of national emergency, failure of facilities used for the Service or excessive increase in traffic to the Service
5) If the Company finds it unsuitable to continue to provide the Service due to other serious matters
- If the Company decides to restrict or terminate the use of the Service due to matters defined above, the Company must notify users of the reasons to such restriction or termination and specify the period the Service will be restricted from use.
ARTICLE 7. Notifying Service Revisions
- In the event the Company makes changes to Service contents or deletes a part of the Service, the Company may notify users of such changes by sending an email to the email account the user submitted during subscription.
- If the Company is required to send the aforementioned notification to a large number of unspecified individuals, the Company may notify users by posting the notification on the Service website or Company homepage.
ARTICLE 8. Using and Providing Personal Location Information
- If the Company wishes to use information on personal locations to provide a Service, the Company must specify such needs in the terms of service and gain the approval of the personal location information provider.
- The rights of the user and legal guardians, and the methods of exercising those rights will be brought to the jurisdiction of the user’s address at the time the lawsuit is filed. If the user’s address is not available, the lawsuit will be brought to the district court with jurisdiction over the user’s place of residence. However, if the address or place of residence is unknown at the time of the lawsuit, or the user is an overseas resident, the lawsuit will be brought to the competent court defined in the Civil Procedure Act.
- The Company will automatically record and store data that confirms the use of location in order to settle costs with a third-party company or user and/or resolve complaints. This data will be stored for six (6) months.
- If the Company provides location information to a third party designated by the user, the Company must immediately notify the user of (i) the recipient of the location information, (ii) the date of provision of the information and (iii) the purpose of the provision of information using the telecommunication device used for collecting relevant the location information each time the location information is given to a third party. However, the user may be notified through a predetermined telecommunications device or email in the following circumstances.
1) If the telecommunications device that was used to collect the location information does not have the function of receiving text, voice or video.
2) If the user has requested in advance for the notice to be posted online.
ARTICLE 9. Rights of the Personal Location Information Provider
- The user may withdraw at any time all or part of the consent he/she had provide the Company with in relation to the provision of the location-based service and/or the provision of personal location information to a third-party. In this event, the Company will destroy the collected personal location information and data confirming the use and provision of location information.
- The user can request the Company to temporarily suspend the collection, use and/or provision of personal location information at any time. The Company cannot reject such requests and must have the technical measures for temporary suspension.
- The user may request the Company access to or notification of any of the following information and demand the correction of any errors the data contains. In this event, the Company cannot reject the user’s request unless the Company has justifiable reasons.
1) Data confirming the collection, use and provision of the user’s location information
2) Reasons and details to providing the user’s personal location information to a third party in accordance with the Act on the Protection and Use of Location Information and other provisions of law.
- The user can exercise their rights defined in Clause 1 and 3 through a prescribed procedure provided by the Company.
ARTICLE 10. Rights of the Legal Guardian
- If the user is 14 years old or under, the Company must gain consent from the user and the user’s legal guardian for the provision of location-based services that uses personal location information and providing personal location information to a third party.
- The Company must gain consent from minors who are 14 years old or under and their legal guardian if their personal location information or data confirming the use and provision of location information is used for purposes other than that specified in the Terms and Conditions or notified otherwise. However, the following are exceptions.
1) If location information or data confirming the use and provision of location information is needed to settle costs for any provided location information and location-based services.
2) If the information is reproduced so that the source of the information is unidentifiable and used in statistics, academic research and/or market research.
ARTICLE 11. Rights of Custodians of Minors 8 Years Old and Under
- If custodians of individuals stated below (“Minors 8 Years Old and Under and Others”) provides consent to the use and provision of personal location information to safeguard the life and physical well-being of Minors 8 Years Old and Under and Others, the following individuals will be deemed to have provided consent.
1) Minors 8 years old and under
2) Mentally incompetent individuals who have been deemed to require custodianship
3) Individuals with mental disabilities, as defined in Article 2.2.2 of the Act on Welfare of Persons with Disabilities, who are categorized as being severely disabled in accordance with Article 2.2. of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons (Only those legally registered as disabled in accordance with Article 32 of the Act on Welfare of Persons with Disabilities)
- Custodians of Minors Under 8 Years Old and Others, as defined in the previous clause, are the following people who are protecting the said individuals.
1) Legal guardians of minors 8 years of age and under or guardians who are defined in Article 3 of Act on the Guardianship of Minors in Protective Facilities
2) Legal guardian of mentally incompetent individuals who have been deemed to require custodianship
3) Legal guardian of individuals defined in Article 11.1.3 herein, head of assisted living facilities for the disabled (limited to facilities built·run by the state or local governments) as prescribed in Article 58.1.1 of the Act of Welfare of Persons with Disabilities, head of social rehabilitation facilities for the mentally disabled (limited to facilities built·run by the state or local governments) and head of mental healthcare facilities as prescribed respectively in Article 3.4 and Article 3.5 of the Mental Health Act.
- Custodians who wish to consent to the use or provision of personal location information for the purpose of protecting the life and physical well-being of Minors Under 8 Years Old and Others must submit a written consent and documented proof of the custodian’s custodianship to the Company.
- The custodian who has consented to the use or provision of the personal information of Minors Under 8 Years Old and Others will be able to exercise all rights that belong to the personal location information provider.
ARTICLE 12. Company Address and Contacts
The Company’s name, address and contact information is provided below.
Company Name : Advanced Ventilation Applications, Inc.
CEO : Allan Rixen
Address : 2627 Hanover St Palo Alto, CA 94304
Phone : 1-800-415-4080
ARTICLE 13. Compensation for Damages
- The user can file a compensation for damages against the Company if damage is incurred to the user due to the Company’s violation of Article 15 or 26 of the Act on the Protection and Use of Location Information. The Company will be responsible for the damages, unless the Company can prove that its actions were unintentional or a result of negligence.
- The Company can file a compensation for damages against the user if damage is incurred to the Company due to the user’s violation of terms herein. The user will be responsible for the damages, unless the user can prove that their actions were unintentional or a result of negligence.
ARTICLE 14. Disclaimer
- The Company will not be responsible for damages incurred to users if the Company is unable to provide Service due to the following:
1) Natural disasters or other force majeure
2) Intentional disruption of Service operations by a third party that has entered into a Service provision partnership with the Company.
3) Errors that occur during Service use due to reasons attributed by the user
4) Actions of the Company that are not intentional or negligent, excluding those stated in Clause 1 or 3.
- The Company does not warranty the credibility and accuracy of the Service or information, data or fact posted in the Service, and will not be responsible for any resulting damages incurred by the user.
ARTICLE 15. Arbitration
- The Company will consult with the user in good faith to resolve any disputes that arise from the use of Service.
- If the dispute is not resolved through the aforementioned consultation, the Company and user can request the Korea Communications Commission to settle the dispute, in accordance with Article 28 of the Act on the Protection and Use of Location Information, or request the Korea Communications Commission or the Personal Information Dispute Mediation Committee to settle or arbitrate the dispute, as prescribed in Article 43 of the Personal Information Protection Act.
- If the dispute is not resolved despite measures stipulated above, the Company and user may file a lawsuit, which will be brought to the competent court stated in the Civil Procedure Act.
Appendix 1. Ava Breathe Location-Based Service and Costs.
The Company provides the following Location-Based Services. The purpose of using location information and the cost of each Service is as shown below.
Purpose of Using Location Information
Information Providing Service
Map service that shows a Map of the area surrounding the location of the phone, then overlays a pollution grid that highlights the pollution in the area through colors.
The Pollution grid display is only useful to the user if the Location service is allowed to determine the location of the phone so that the grid can be displayed accurately for the area surrounding the user.
It uses features including Find current location, Save in Favorites, determine pollution in area and plot on map.