So, if you’re looking for more information on how we collect, store, use and share your personal data we collect, this is the place for you!
Now to start us off with, a couple of practical but highly important details for you to take note of!
Who we are
How to contact us
addres: 9-1, Banjeong-ro 153beon-gil, Hwaseong-si, Gyeonggi-do, Republic of Korea
Telephone: +82 31-8043-1664
Please include your name and if you know it, the relevant DODALAND. If you don’t have that information, it’s absolutely fine and we will then, treat your request as if it the question relates directly to DODALAND A/S.
Your rights as a someone we have personal data about (data subject)
At any point while we are in possession of or processing your personal data, you have the following rights:
1. Right of access – you have the right to request a copy of the information that we hold about you.
2. Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
3. Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records. If we are legally obligated to keep the information or if it is impossible or unproportionate, we won’t delete it but we will only keep it for as long as it is needed and we have time limits on our data systems.
4. Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
5. Right of portability – you have the right to have the data we hold about you transferred to another organization.
6. Right to object – you have the right to object to certain types of processing such as direct marketing.
7. Right to object to automated processing, including profiling – you also have the right not to have a computer make decisions about you directly (this doesn’t include general marketing based on your age or gender).
8. Right to judicial review – if we refuse your request under rights of access, we will provide you with a reason as to why. You have the right to complain.
One thing to bear in mind before contacting us. Our sites and applications may contain links to other sites not owned or controlled by us. It could as an example be social media platforms/services. We are not responsible for the privacy practices of those sites, so if you have questions regarding such sites, you need to contact the site directly. We also really encourage you to be aware and read the privacy policies of other sites because they may very easily be collecting, storing, using and sharing your personal information.
Complaints about our behavior
You have the right to complain if you don’t feel the DODALAND is living up to our responsibilities when it comes to your data.
We have a Data Protection Officer at the DODALAND, who takes your complaint very serious. You can contact our Global Data Protection Officer on this email firstname.lastname@example.org. We will send you a confirmation within 5 days and do our very best to deal with the issue within 1 month. If the issue is difficult or requires a lot of work it may take longer, but we will keep you updated.
You can complain about:
1. how your personal data has been processed;
2. how your request for access to data has been handled;
3. how your complaint has been handled;
4. appeal against any decision made following a complaint.
Our rules for collecting data
We take your privacy really seriously, so we’ll only ask for the information we need to have so we can give you great service.
Whenever we collect customer data, we make sure:
- We ask for permission to collect the data
- We only use the data for the agreed reason and for the time it’s needed
- We will as a minimum meet the local data protection laws in the country where we provide you with a service via our website or our applications.
- We keep data that we’re legally required to have on record
- We explain why we need the data and how we’ll use it (unless we have legitimate reason not to)
- We check and update privacy information on a regular basis (we might also cross-check the data against other database to make sure it’s correct)
- We don’t share data with anyone unless we have a legal or legitimate reason, or we have permission from you or if you are a child under 16 from your parents.
Collecting data in our online channels
We collect your personal and anonymous information from you when you visit any of the sites on our dodaland.com domain or when you use one of our applications. When you visit our online channels, you’ll be able to check if we’re collecting data under terms and conditions of the site.
We also receive information via third party when you visit our page on social media sites or channels (e.g Facebook, Twitter, Youtube, Instagram etc).
Types of personal information we collect
When you’re visiting any of these online channels, we may collect:
- Registration information that we use to help you set up an account (e.g. your name, country, gender, date of birth, email address, username and password).
- Payment or transactional information that we use when you buy products or use online services (e.g. postal address, phone number or credit card number).
- Location information or your IP Address that we use to give you relevant online content.
- Information you’ve shared publicly on our forums.
- Information you’ve sent to an individual or group using our messaging, chat or post services
Why we need to process personal data
As we’re a company that sells product directly to customers and offers many different experiences for our fans, we need to process personal customer data, so that:
- Customers can buy products from our online DODA Mall and have them delivered where they want
- Customers are able register for any accounts and services they want to use
- Customers can use the online and offline DODALAND experiences we’ve created for them
- Customers can share information on our public forums
- We can send customers any information they’ve asked us for or answer their questions
- We can ask customers to give us feedback on our services through questionnaires and surveys
- We can provide our customers with relevant marketing information about our products.
Always keep in mind, that if you’re using a DODALAND service through a third-party channel like social media or a DODALAND app, your personal data may also be processed by that third-party according to their own privacy processes.
We may use automated decision making in processing your personal information for some services and products. You can request a manual review of the accuracy of an automated decision if you are unhappy with it.
How we process personal data
When you visit our online channels or when you use third-party sites or platforms, we use technology such as cookies, flash cookies, pixels and web beacons to process your personal data.
Be mindful that if you do enable a prevent cookies functionality on your device, some of our services and functionalities on the site will no longer work.
We also collect information from other trusted sources, so we can update or add to the personal information we’ve collected ourselves.
Sharing information with trusted subsidiaries
Our subsidiaries may sometimes need to access your information to provide services to you on our behalf. Because the DODALAND is passionate about your privacy, we have made a decision to implement the same privacy protection all over the world, so you can feel safe no matter which DODALAND company is using your data. Legally, other DODALAND companies will then be acting as ‘data processors’ and will be subject to data processing laws. They need your personal data so they can:
- Deliver products and services you’ve requested
- Get in touch with you about your account or transactions
- Send you information about our sites, applications and policies
- Send you any newsletters you’ve signed up for (you can unsubscribe at any time)
- Process information that the subsidiary is formally contracted to process on our behalf, e.g. carry out a purchase placed by you, manage your DODALAND ID account activity data.
- Identify, review and stop any activities that could breach our policies or break the law
Sharing information on public forums and chat
As our public forums and chat services can be read by everyone, any personal information you share on them can be seen publicly. If you’d like us to remove any of your personal information from public areas of the site, please email our Customer Service. If we can’t remove your personal information for any reason, we’ll let you know why. If you’re under 14 years old, you’ll need the permission of a parent or guardian to use our public forums or chat features.
Sharing information with other companies
We won’t share your personal information outside the DODALAND except:
- When we need to protect the safety, security, rights and property of our customers or third-party partners;
- When we need to meet legal processes or if disclosure of the data is required by law;
- When we’re asking other companies like e.g. couriers, shipping and warehouse service provides, payment providers, IT platform providers, fraud detection and prevention providers, survey providers, product catalogue providers and customer service suppliers to deliver services on our behalf; We have contracts with the companies to make sure they only use your personal information for agreed services and meet legal requirements;
- When we store your information using secure cloud storage services/facilities. We have contracts with companies to make sure they only use your personal information for the agreed services and meet legal requirements;
If a merger, acquisition or sale of assets ever meant we needed to share information with a third party - in this case we’d email you and post a notice on our website to publish the change of owner and we’d also tell you how your data would be used and give you options regarding your personal data;
- When you’ve given us permission to share your information with third parties so they can send you information on their products and promotions (you can opt out of these emails by contacting our DODALAND Customer Service team although in some cases you may also need to contact the third-party directly);
- When you have given us permission to share your information with third parties, so they can provide you with marketing information and promotions regarding our products (as an example personalized advertising provided via a social media platform). - You can opt out of such marketing activities by adjusting your cookie settings on your device. In some cases, you may also need to contact the third party directly (in case of social media adjust your privacy settings and request deletion of collected information by the third-party site)
- When you’ve asked us to share your personal information with third-party sites or platforms like social networking sites – once it’s been shared, your personal data will be processed by that third-party according to their own privacy processes
How long do we keep your personal information
We’ll keep your personal information as long as your account is active or as long as it’s needed to provide a service. We have so called retention polices for each of the categories of personal information that we process.
If you’d like to cancel your account or for us to delete your data, we’ll only keep information that we need for legal reasons, to resolve disputes or to enforce our agreements.
Cookies are small data files that your browser places on your computer or device. A cookie itself does not contain or collect information. However, when it is read by a server via a web browser it can help a website deliver a more user-friendly service – for example, remembering previous purchases or account details.
Like most websites, our online channels and our applications (apps) collect some information (e.g. information on IP addresses, browsers, internet service providers, referring pages, exit pages, operating systems, date stamps, time stamps and clickstream data). This information won’t be linked to any other information we collect about you unless you have given your consent that we may do this.
Both we and our third-party tracking utility partners use browser storage, app storage, cookies, pixls, beacons, scripts and tags to analyze trends, administer the site, track user movement through the site and collect demographic information about our overall user base. We may receive reports on these from our third-party tracking utility partners on an individual and aggregate basis.
Keeping children safe online
We care deeply about making sure children are safe online and have extra privacy processes in place to make sure we’re keeping our younger fans safe when they’re using our online channels. In fact, some features have age gates so to prevent children from inadvertently using such features. We also take all reasonable care to secure that we don’t knowingly collect, store, use or process personal information from children who may use those features without proper parental consent.
We also follow all relevant laws for children aged between 13 and 18 and when it comes to personal data, we consider anyone under the age of 14 years a child.
When we do process personal information from children, we take extra steps to protect their privacy including:
- Making sure we tell parents what personal information we collect, store, use and process from their child and explaining whether we share the information
- Meeting legal requirements by asking for parental consent to collect, use and process a child’s data and asking for consent to send their children information about our products and services
- Limiting how we collect, store, use and process personal information from children so only data that is reasonably needed for them to take part in an online activity is collected
- Giving parents access or the option to ask for access to personal information we’ve collected from their child – parents can also ask for their children’s personal information to be changed or deleted
Collecting and using children’s information
While some of our websites, channels and apps are designed with families and users of all ages in mind, others are intended to be used mainly by children. Whenever we collect personal information from a child, we only keep the information for the time we need it to provide a service or for the time it’s legally required to be kept on record.
While children can choose whether to share their information with us, there are features of our websites that won’t function if they haven’t given us their information. Where personal information is needed for features to function, we’ll only ask for information that is reasonably required to take part in the activity.
Here are some examples of times when we collect children’s data:
- When children register online
Children can register on our websites to access a variety of services including content, games and competitions. During registration, we may ask a child to provide their parent’s or guardian’s email address, the child’s first name, gender, their birth date, their username and password. We use this information for security and notification reasons. We strongly encourage children to create a username that excludes any personal information.
- When children share content they’ve created themselves
Some of our websites allow children to create or use content themselves. Since only some of these features require personal information from the child, not all activities require consent from a parent or guardian. Whenever an activity could potentially allow a child to share personal information, we either review the content ourselves and make sure personal information is removed or ask for permission from a parent or guardian to collect the data. Types of personal data that children have shared with us in the past include stories, free-text fields, drawings that allow text or free-hand entry of information, photographs of your child, sound clips, movie files or any type of content or other persistent identifiers that clearly identifies the child in some way. If, as well as collecting content that includes personal information, we also plan to share the content publicly or with a third party for their own use, we’ll ask the parent or guardian for ‘verifiable parental consent’ (which is a higher level of parental consent).
- When children receive emails from us
We may need ask for their child’s contact details (including their email address) so that we can reply to a question they’ve asked us. To meet legislative requirements around the world, we’ll delete any information we have on the child as soon as the reply’s been sent. If we need to get in touch with the child a second time, for example to reply to additional questions, we would request an email address from their parent or guardian. We’d then only keep the child’s online contact information for the time it takes us to honor their request and wouldn’t use the information for any other purpose. If we ever need a child’s online contact information for ongoing communication, we’d ask for the parent’s or guardian’s email address at the earliest opportunity so that we can keep the adult informed of the data we’re collecting and to give the parent an option to ask us to stop collecting data. Parents or guardians can opt out of any communication we have with their child at any time by following the unsubscribe instructions within each communication (if there is more than one type of communication, the adult may need to opt out of each individually). Alternatively, they can contact our DODALAND Customer Service team.
- When children receive app push notifications
Many apps send users ‘push notifications’ to their customers’ mobile phones or devices to tell them about updates (sometimes even when the app is not in use). Some of our apps are designed to be used by children. We ask children to provide the email address of their parent or guardian, so we can tell the adult about their child’s request before we send children push notifications from our apps. We don’t link the device identifier with any other personal information without parental consent. If you would like your child to stop receiving push notifications from one of apps, you can change the settings on the device your child’s using at any time.
- When we collect location information
Some of our websites, channels and apps are designed for children. We request consent from a parent or guardian by email before collecting information on a child’s street name, address or coordinates. We do that because such information will effectively make us able to identify a specific child. As an opposite, we don’t require parental consent to collect information on a child’s city, country or region as long as it isn’t linked directly to the specific child. The reason for this, is that such generic information will not make us able to identify a specific child. If you would like to stop us collecting this type of location information, you can adjust the settings on the device your child is using at any time. Alternatively, please contact our DODALAND Customer Service team.
- When we collect ‘persistent identifiers’
What if we accidentally collect children’s data?
If we discover that we’ve unintentionally collected information from a child in a way that doesn’t meet COPPA requirements, we will delete the information immediately.
Requesting parental consent
Asking for low-level consent by email
If we need to collect a child’s personal information, we’ll ask for parental consent according to COPPA legal requirements. We’ll send the child’s parent or guardian an email explaining what information we’re collecting, how we plan to use it and ask the parent to give or deny their consent. If we don’t receive parental consent in a reasonable time, we’ll delete all information we’ve collected from the child including the adult’s contact information that we asked for in order to request consent.
Asking for high-level ‘verifiable consent
If we want to share a child’s personal information publicly or with a third party, we’ll seek a higher level of parental consent than the email request described above. We may ask for verification by credit card or other payment method (with a nominal charge involved), verification over the phone or through a video chat to a trained customer service representative or a signed consent form to be returned to us by mail, email attachment or fax. We may give the parent a guardian a PIN or password that they’ll be able to use in future communications to confirm the adult’s identity.
What if a parent or guardian hasn’t been contacted for consent?
If a child under the age of 14 accesses an online channel that’s designed for children by using an age gate, we’ll email the child’s parent or guardian before collecting any personal information from the child. If you think that your child is taking part in an online activity that collects their personal information and you or another parent/guardian hasn’t received an email letting you know or seeking your consent, please contact our Data Privacy Officer. email@example.com We won’t use email addresses provided for parental consent for any other purpose unless the adult has expressly opted in to marketing emails or taken part in an activity which allows email contact.
Parental choices and controls
At any time, parents or guardians can refuse to allow us to use and collect further personal information from their child. Parents or guardians can ask us to delete the personal information we have collected in connection with their child’s account from our records. As personal information is required for some services, deleting a child’s records may result in an account, membership, or service being unavailable to the child in future.
If a child has a registered DODALAND ID, parents or guardians can access, change or delete the personal information we’ve collected from their child by:
Using their child’s username and password to log into their child’s DODALAND ID account
Getting in touch with our DODALAND Customer Service team
If you’d prefer to contact us, please let us know your child’s username along with the your own telephone number and email address. We’ll need to confirm your identity as the parent or guardian of the child before granting access to the child’s personal information. We will respond to your request within a reasonable timeframe.
If we make material changes to how we use Personal Information collected from a child under the age of 14, we’ll tell their parent or guardian by email and ask for ‘verifiable parental consent’ for the new uses of the child’s personal information.
Sharing information we have consent to share with others
If we’ve received high-level parental consent to share a child’s personal information publicly, we may also share personal information with our service provides or legal authorities. We may share information with our service providers including software solution companies, online security partners and customer services. Our contracts with these companies make sure they only use personal data for the agreed purpose.
We may share personal information to meet legal processes or if disclosure is required by law. As allowed by relevant laws, we may also share personal information collected from children to:
- Comply with a request from to a law enforcement or public agency (including schools or children services) or to avoid liability
- Make a disclosure that we believe may stop a crime being committed
- Help an investigation related to public safety
- Protect the safety of a child who’s using our online channels
- Protect the technology of our service providers or security of our online channels themselves
Parents have the right to consent to the collection, use and processing of their child’s personal information without also having to consent to the disclosure of that information to third parties. We don’t share information with third parties other than as described above.
Data security and integrity
The security, integrity and confidentiality of customer information is extremely important to us. We use technical, administrative and physical security measures to protect personal information from unauthorized access, disclosure, use and modification. All external transfers that contain personal information are done using encrypted technology. Credit card information is handled by approved service providers that meet PCI (Payment Card Industry) standards and have appropriate safeguards in place.
Although we regularly review our security procedures and evaluate new technology and methods to make our online channels safer, no security measures are perfect or impenetrable.
Our customers, employees and partners also play an important role in protecting information. We encourage customers to choose passwords that are difficult for others to guess and to keep their personal passwords secret.
Should you notice any flaws or concerns in our security, please contact our DODALAND Customer Service team as soon as possible.
If we ever experience a data breach in which customer information is at risk of being misused, we’ll contact customers according to legal requirements. If necessary, we’ll also contact data protection authorities.
DODALAND Terms of Service
Welcome to The DODALAND, which is owned and operated by I-WON SOLUTION Co., Ltd. (“Company” or “We” or “Us”) These terms are the binding legal agreement (the “Terms”) governing all users of the websites (the “Sites”), applications (“Apps”) and products and services that link to these Terms (the “Services”). In addition to these Terms, your agreement with Us includes the specific policies and additional terms that apply to any Services you use. If you do not agree to all of these terms, please do not use the Services. BY REGISTERING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR ACCESSING AND USING ANY OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.
Ability to Accept Terms
If you are under the age of 14, you must have a parent, legal guardian or authorized school official of at least 14 years of age (“Adult User”) set up the account and agree to these Terms. Parents, legal guardians and authorized school officials affirm that they are fully able and competent to enter into the Terms and agree to these Terms.
We are constantly developing the Services. This means that we may change or discontinue any aspect of the Services without notice or liability to you. In addition, we may change all or part of the Agreement at any time, including these terms. We will post changes to these terms on the Site. YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE CHANGED TERMS.
Each account must be set up by a designated Adult User. The Adult User is responsible for payments and all use on the account, including to protect the confidentiality of account information and passwords. Please notify Us if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account. Subscriptions. For certain types of accounts, We charge a fee, such as a subscription or purchase fee. For existing subscribers, as a subscriber you may receive access to certain sections, features and functions of the Services that are not available to trial members.
We may change the amount of such fees at any time at the end of your subscription period, provided that, we will first notify you by email or via posting on our website. Please note that we do not provide price protection or refunds for existing subscribers.
Credit Card Charges
Our third party payment provider can accept payments in multiple currencies and will convert and deposit funds in KOR won, subject to a conversion fee.
You agree to promptly notify Us of any changes to the credit card or other payment method you provided while subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. In the course of your use of the Services, We and our payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Us and our payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the updated service. Should you desire to do so, please contact your credit card issuer.
Things Not to Do
- Give false or misleading information to Us or anyone else in connection with your use of the Services, including giving false information in an account registration.
- Access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.
- Copy, modify, create derivative works from, or distribute any content from our Services; or copy, display or use the trademarks in any way; or use the Services for any purpose not explicitly authorized in the Agreement.
- Use the Services for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use.
- Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or redistribute content from the Site except as expressly authorized by Company.
- Anything we ask you not to do.
User Generated Content/Take Downs
For all content created by users (“UGC”), We reserve the right to remove any UGC temporarily or permanently if We are notified by a player, parent or a third party, or if we otherwise become aware that any such content or any part of it breaches this terms or otherwise violates our policies including due to any of the following:
It breaches the intellectual property rights or any other rights of any third party;
It breaches any applicable law;
It is pornographic, inappropriate, or otherwise breaches our rules;
It contains any virus, malware, other harmful software or may have an adverse impact on Us;
While we do not accept any obligation to monitor, screen, review, flag, filter, moderate or remove any UGC, though we reserve the right to review and monitor as necessary.
If you have any concerns that UGC breaches any of these requirements, or other basis by which you want us to takedown content, then please contact us at: firstname.lastname@example.org
Limited License to Use the Services; Company Rights;
Subject to your compliance with these Terms, We hereby grant you permission to use the Services solely for your personal, non-commercial use, and in case of schools, solely for educational use (i.e. teachers may use the Services for educating their students only without charging any fees). Company retains all right, title and interest in the Services, including all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright laws. Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any right, title or license. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited.
Third Party Trademarks and Content
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
Indemnity, Disclaimers and Limits on Liability
COMPANY PROVIDES THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING ANY PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY SERVICE OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$100.00. COMPANY’S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Services and any failure to comply with this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.
We do not want to receive information that is confidential or proprietary. If you send us feedback, suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.
This Agreement will not be construed against either party as the drafter.
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
Your registration and use of the Services constitutes consent to receiving electronic communications from Us. You agree that any such communications from Us satisfies any legal requirements, such as that notice be provided to you in writing. You also consent to receiving promotional messages, offers, surveys, and requests electronically. If you no longer want to receive non-transactional communications, you may unsubscribe at any time.
As stated above, the Agreement includes these terms and any additional terms you enter into with Company. The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject. Aside from the right of Company to make changes, any amendments to the Agreement must be in a writing signed by both parties.
You cannot assign the Agreement without the written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
The Agreement is governed by Korea law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of Suwon city, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would. The arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.
I-WON SOLUTION Co., Ltd.