Chapter I General Provisions

Article 1 (Purpose)

The purpose of this Agreement is to detail the rights, obligations, responsibilities and other necessary matters of the Seoul Institute, Magacity Research Center (“the Center) and the user in the user’s use of the membership Service (“the Service”) provided by the Homepage of Seoul Soultion.

Article 2 (Effectuation and Amendment)

• 1. This Agreement shall become effective when the user subscribes to the Service and accepts the provisions of this Agreement, which will be displayed on the Service screen or put on pubic notice, otherwise.
• 2. The Center reserves the right to amend this Agreement, either partially or wholly, from time to time, as required. The amended Agreement will be put on public notice on the Service screen so that the user may see it.
• 3. The user may stop using the Service and cancel his/her registration as a member, if he/she does not agree to the amended Agreement. The user’s continued use of the Service will constitute his/her consent to the amended Agreement.
• 4. Concerning matters stipulated in this Agreement, this Agreement shall prevail over other relevant laws and regulations. Concerning matters not covered by this Agreement, relevant laws or regulations or commercial practices, such as the Telecommunications Basic Act, the Telecommunications Business Act, the Act on Promotion of Information and Communication Network Utilization and Information Protection, the Regulations concerning the Information and Communication Ethics Committee’s Deliberations, the Code of Ethics concerning Information and Communication, and the Computer Program Protection Act, shall govern.

Article 3 (Definitions)

1. The following terms used in this Agreement shall have their meanings defined in the following way:

• ① “The user” means a member or a non-member when connecting to and using the Service provided by the center.
• ② “A member” means a person who has consented to the provisions of this Agreement and been issued his/her ID and PASSWORD.
• ③ “A non-member” means a person using the Service provided the center without subscribing as a member.
• ④ “ID” means the e-mail address selected by a member and provided to the center for identification and more efficient use of the Service.
• ⑤ “PASSWORD” means a combination of letters and numbers selected by the user for protection of his/her personal information.
• ⑥ “Cancellation of the Service” means the expression of the intention of either the user or the center to terminate the use of the Service.

2. Except for those stated in Paragraph 1, the definitions of the terms used in this Agreement shall follow what is stipulated by the relevant laws and regulations or services.

Chapter II Contract for Use of Service

Article 4 (Effectuation of the Contract for the Use of the Service)

The Contract for the use of the Service shall be deemed to have been made automatically by the user’s consent to the provisions of this Agreement.

Article 5 (Application for the Use of the Service)

The user shall apply for the use of the Service by filling in his/her personal information as required by the form provided by the center on the member information screen.

Article 6 (Amendment)

A member shall update his/her submitted personal information as required through the information management process. All responsibilities shall lie with the member in this respect including any penalties that may result from his/her failure to update their personal information.

Chapter III Provision and Use of Service

Article 7 (Use of the Service)

• 1. In the event of the inability to provide the Service due to an internal problem, the center will notify members or put out a public notice on relevant sites.
• 2. The Service will be provided around the clock, provided that the Service may be temporarily stopped when there is an internal problem or an operational requirement. This includes periodical system checks, in which case the center will give users the relevant notice.

Article 8 (Change of the Contents of the Service and Stoppage of the Service)

The City of Seoul reserves the right to change the contents of the Service or stop the Service after giving relevant notice in advance and shall not be held responsible for any outcomes thereafter.

Article 9 (Provision of Information and Commercial Advertisements)

• 1. The center may provide members with commercial advertisements or information regarded as necessary in connection with members’ use of the Service. This may be via e-mail, ordinary mail, short message Service (SMS), direct mail (DM) or internet messenger. A member may refuse to receive unwanted information.
• 2. In connection with the operation of the Service, the center may carry commercial advertisements on the Service screen, the Homepage, or e-mail messages.

Article 10 (Deletion of Bulletin Board Posts)

When matters posted by a member on the bulletin board or otherwise registered in connection with the Service are judged to fall into the following categories, the center may delete it without prior notice and shall not be held responsible for any result that may be caused by it:

• 1. Contents defaming the honor of the Seoul Institut, Seoul Metropolitan Government, the center, another member, or a third party through slander or libel.
• 2. Contents disturbing public order or established social customs and morals.
• 3. Contents associated with a criminal act.
• 4. Contents infringing on a third party’s copyright or other rights.
• 5. Contents not in alignment with the nature of the Service.
• 6. Contents in violation of other relevant laws or regulations or rules set by the City of Seoul.

Article 11 (Copyright of Matters Posted on the Bulletin Board)

• 1. The copyright of matters posted on the bulletin board by a member shall belong to that member, but the center and Seoul Metropolitan Government may use such posts in the other services it provides.
• 2. A member shall be solely responsible for any result that may be caused by his/her matters posted on the bulletin board, including infringement of others’ copyright (program copyright included), under the Civil Law or the Penal Code.
• 3. A member shall not use information or material provided by the Service for a commercial purpose, including rearrangement or sale of such material.

Article 12 (The center’s Ownership)

• 1. The center reserves all rights, including intellectual property rights, concerning the Service. This also includes the software, images, marks, logos, designs, Service names, information and trademarks related to it.
• 2. Unless explicitly approved by the center, a member shall not (cause to) change, lease, lend, sell, distribute, transfer, sublicense, establish collateral right or be engaged in the commercial use, either partially or wholly, concerning the rights stated in Paragraph 1.

Chapter IV Obligation of Parties to the Agreement

Article 13 (Members’ Obligations and Protection of Information concerning Others)

1. When subscribing to the Service, a member shall provide correct and updated personal information.

2. A member shall not be engaged in the following acts:

• ① An act causing harm to others, including:
• a) Using another person’s ID or PASSWORD.
• b) Making false statements concerning relationships with a specified person.
• c) Making a (false) statement intended to slander or defame others.
• d) Distribution of false information to cause property-related advantage or disadvantage for oneself or a specified person.
• ② Putting or offering the following on the bulletin board or sending it via e-mail:
• a) Unnecessary or unapproved advertisement or sales promotional material or junk mail, spam mail, chain letters, or any type of pyramid scheme.
• b) Obscene material, text, software, music, photo, graphics or video messages (“contents”).
• c) Contents unauthorized by the party holding the relevant rights (including intellectual property rights).
• d) Software viruses intended to destroy, disturb, or limit the functions of computer software/hardware or telecommunications equipment.
• e) Collecting or saving other users’ personal information.
• f) Other illegal or dishonest acts.
• ③ A member shall comply with relevant laws and regulations

Article 14 (Obligations of the City of Seoul)

• 1. The center shall provide a stable Service without interruption under this Agreement.
• 2. The center shall promptly deal with the reasonable opinions or complaints raised by members. It shall inform the relevant member of the reason and expected time frame when it is difficult to handle such opinions or complaints promptly.
• 3. The center will do its best to protect members’ personal information under the relevant laws and regulations and Article 15 hereof.

Article 15 (Protection of Personal Information)

• 1. The center collects members’ general information based on what they submit at the time of subscription to the Service. Such information is used in connection with the purpose of carrying out this Agreement and providing the Service.
• 2. The center shall not disclose members’ personal information in the course of providing the Service to a third party. Additionally, such information shall not be used for commercial purposes without members’ prior consent, provided that what is stated in Paragraph 2 does not apply due to the following events:
  • ① When there is a request from a relevant government institution for investigation under law.
  • ② When there is a request from the Information Communication Ethics Committee.
  • ③ When there is a request in accordance with the procedures stipulated in the relevant laws and regulations.

Article 1 (Purpose of Handling Personal Information; Items Handled; Period of Retention)

• 1. The center shall handle all personal information according to "the purpose of the collection and retention of personal information" announced on the portal for comprehensive support concerning personal information protection and shall not use it for any other purpose. In the event of a change in the purpose stated herein, the center shall take the necessary steps, including the acquisition of separate consent to such, under The Personal Information Protection Act, Article 18.
• 2. The center shall handle all personal information within the period for retaining personal information stipulated in the relevant laws or within the period consented to by the "information subjects" (which refers to persons who can be identified by the information collected and managed by the center and who therefore are the subjects of the information provided by them) when collecting the information.

Article 2 (Provision of Personal Information to a Third Party)

• 1. The center shall not handle personal information other than for the purpose stated in Article 1 herein or provide it to a third party, provided that the foregoing shall not apply in any one of the following cases:
  • A. When consent to such is obtained from the information subject.
  • B. When stipulated by a special clause in a law.
  • When the information subject or his/her legal agent is unable to express his/her opinion or when the center cannot obtain his/her prior consent due to the provision of an unclear address, or when the provision of personal information is clearly required to save the life or protect property of the information subject or a third party.
  • D. When personal information is provided in such a way that a specific individual cannot be identified, or when it is required for the purpose of compiling statistics or facilitating academic research.
  • E. When matters stipulated by law may be carried out only with the use of personal information beyond the scope of the said purpose or its provision to a third party, and when the approval of such matters has been obtained from the relevant protection committee.
  • F. When it is necessary to provide personal information to a foreign intelligence agency or international organization for the execution of an international treaty or agreement.
  • G. When it is necessary for the investigation of a crime.
  • H. When it is necessary for the proceedings of a court.
  • I. When it is necessary for execution of the law.

Article 3 (Entrustment of Handling of Personal Information)

• 1. When signing an entrustment contract, the center shall comply with the laws relating to personal information protection, ensure that personal information shall not be provided to a third party, and keep a copy of such a contract in good order.

Article 4 (Rights and Obligations of the Information Subject)

• 1. The information subject may exercise the following rights concerning his/her personal information.
  • A. (Request for inspection of personal information) The information subject may request to inspect his/her personal information under The Personal Information Protection Act, Article 35 (Inspection of Personal Information), provided that a restriction may be placed on such request if one of the following is the case under The Personal Information Protection Act, Article 35 (5).
    • a. Where an inspection is prohibited or restricted by law
    • b. Where it is feared that a person\ life and body may be harmed, or a person\ property and other interests may be unduly infringed upon.
    • c. Where such inspection may cause serious inconvenience to a public institution carrying out the following affairs:
      • 1) The imposition, collection or refund of taxes
      • 2) Grade evaluation or the selection of newly enrolled students at schools of each level under The Elementary and Secondary Education Act and The Higher Education Act, lifelong education centers under The Lifelong Education Act, and other higher education institutions established under other laws
      • 3) Tests of academic ability, functions and employment, and evaluations of qualifications.
      • 4) Assessments or decisions in progress in connection with the calculation etc. of compensation of benefits.
      • 5) Auditing and investigation in progress under other laws.
  • B. (Request for correction or deletion of personal information) The information subject may request the correction or deletion of his/her personal information under The Personal Information Protection Act, Article 36 (Correction or Deletion of Personal Information), provided that such request may be rejected if other laws stipulate the collection of such information.
  • C. (Request for suspension of handling personal information) The information subject may request the suspension of handling of his/her personal information under The Personal Information Protection Act, Article 37 (Suspension, etc from Managing Personal Information), provided that such request may be rejected if one of the following is the case, under The Personal Information Protection Act, Article 37 (2):
    • a. Where there exists a special provision in a law or when personal information handling is inevitable in order to comply with statutory obligations.
    • b. Where it is feared that a person\ life and body may be harmed, or a person\ property and other interests may be unduly infringed upon.
    • c. Where a public institution is unable to carry out its affairs as stipulated by or under other laws unless it handles personal information.
    • d. Where it is difficult to execute a contract signed with the information subject, including the provision of a specific service(s), without the handling of personal information, due to the information subject\ failure to express his/her intention to cancel the said contract.
• 2. When an information subject has requested the correction or deletion of errors or the like concerning his/her personal information, the center shall stop using or providing the relevant personal information until the request has been fully complied with.

Article 6 (Safety Measures for Personal Information)

• 1. (Establishment of internal management plan) Personnel information shall be handled under the the center Personal Information Protection Guidelines.
• 2. (Codification of personal information) Specific items, such as the correct identification number, bio information and password, of the users' personal information shall be codified for storing and handling.
• 3. (Measures taken against hacking etc.)? Proper security software shall be installed to protect personal information from hackers or computer viruses. Such software shall be updated and checked on a regular basis.
• 4. (Protection of the personal information processing system against unauthorized parties) Proper measures shall be taken to protect the personal information processing system from intrusion by unauthorized parties, using an intruder detection system.
• 5. (Maintaining access records) Records on access to the personal information processing system shall be kept for at least six months. Appropriate measures shall be taken to prevent any tampering with the records.
• 6. (Operation of an off-limits area) The relevant system shall be installed in an off-limits area which shall be operated according to a strictly controlled procedure.
• 7. (Education of employees responsible for handling personal information) The number of employees responsible for handling personal information shall be kept to the minimum required level. They shall attend mandatory educational sessions on the relevant regulations and laws and the updating thereof on a periodic basis.

Article 7 (Redress of Infringements of Rights)

• 1. In the event of an infringement of an information subject\ personal information, a complaint may be submitted to the Personal Information Dispute Meditation Committee or to the Personal Information Infringement Report Center of the Korea Internet Security Agency (KISA). An information subject may contact the following agencies to report or consult on matters concerning the infringement of personal information:
  • A. (KISA-run) Personal Information Dispute Meditation Committee (Phone:+82-118) (privacy.kisa.or.kr)
  • B. KISA\ Personal Information Infringement Report Center (Phone:+82-118) (privacy.kisa.or.kr)
  • C. The Internet Crime Investigation Center of the Supreme Prosecutors' Office (Phone: +82-2-3480-2000) (www.spo.go.kr)
  • D. The Internet Crime Investigation Center of the National Police Agency (Phone: +82-2-392-0330) (www.netan.go.kr)
• 2. Concerning access to, correction/deletion or suspension of handling of personal information, an information subject may submit an appeal under The Administrative Appeals Act concerning an infringement of his/her rights and interests caused by the disposition or omission of the head of a public institution.

Article 8 (Officials in Charge of Personal Information)

• 1. Director of the center in charge of personal information protection: Director-General of Information System Planning.
• 2. Researcher responsible for personal information protection: The official in charge of information/communication security.
• 3. E-mail address: cfncopy@si.re.kr/ simrc@si.re.kr

Article 9 (Revision of the Guidelines on Handling Personal Information)