Brilliant and Company Terms of Service Ver.1.0.
Welcome to Brilliant and Company !
Thank you for using our services and products. Brill-Com provides diverse Internet and mobile-based services (applications). The following comprehensive terms of service (the “Terms of Service”) are applicable to all Brill-Com services provided by Brilliant and Company Co., Ltd. (“Brill-Com” or “Company”) in order to provide you with more accessible and user-friendly services. The Terms of Service will help you with your use of the Services, so please read them carefully.
Various Brill-Com Services are available to you.
Brill-Com offers many kinds of Services that you can enjoy on the Internet or through your mobile devices, such as a social networking service, bulletin board system service, online contents service, and location-based service. You may use Services by downloading a software application from your smartphone application store. Please feel free to view the detailed instructions for use of each Service that will be made available through the application store, the Q&A for each Service, and the applicable guidelines and notifications.
Brill-Com hereby grants you a personal, worldwide, non-assignable, non-exclusive license necessary for your use of Services. However, please be reminded that Brill-Com does not grant you a right to use the trademarks, service marks, logos, branding or names, sub-licence.
In order to improve the level of Services, Brill-Com may update the software required for use of Services. Brill-Com may add important functionalities or remove insignificant functionalities through such software updates. Please update your software regularly so that you can enjoy Services to the fullest extent possible.
In order to provide you with a better service, Brill-Com may send you various notifications, messages and other advertising materials and information related to your use of Services by notifying you directly in the Services or by sending an email to you. If you encounter any errors in the system while using the Services, please contact the Customer Center.
If you choose to connect to a 4G/LTE network provided by your carrier when using Brill-Com Services, please note that you may be charged additional data fees by your carrier. You’ll be responsible for any additional data charges incurred when using Brill-Com Services. Please contact your carrier for further inquiries regarding your data plans.
You may use Brill-Com account.
A Brill-Com Account is a login account which is needed for you to be able to use Services. An account may be mandatory for use of some Services. You may create your own Brill-Com Account once you agree to the Terms and Conditions, register information required to create a Brill-Com Account, and obtain an approval from Brill-Com after its verification of information you have provided.
Brill-Com may not approve of your account creation if: (i) Brill-Com deleted your Brill-Com account in the past in accordance with this Terms and Conditions, (ii) you have attempted to create a Brill-Com account using a third party’s name, email address or other personal information, or (iii) you fail to provide the required information or provide false information during the Brill-Com account creation process. Especially, if you are under 14 years of age, your parent or legal guardian’s consent must be obtained to create your Brill-Com account. If it is found that you have created your Brill-Com account in breach of the foregoing terms and conditions, Brill-Com may suspend your use of Services or delete your Brill-Com account immediately.
Your Brill-Com account is personal to you and non-transferable, and you may not permit any third party to use your Brill-Com account. You are responsible for safeguarding the password that you use to access Services to prevent any improper use of your Brill-Com account without your consent. The Company may require you to enter a password and go through an additional user identification process to prevent others from accessing your Brill-Com Account without authorization. If you become aware that your Brill-Com account is being used by a third party without your consent, please contact the Customer Center, and Brill-Com will provide you with assistance to protect your Brill-Com account.
You may review and change your information using the setting menu in the Services. However, you may not be able to change some information like your Brill-Com Account, phone number, device identification number, and other user identification information required for us to provide and manage Services, and in case such information is changed, an additional user identification process may be required. If there are any changes to the information you provided at the time of joining the Services, please reflect such changes directly to Services or notify Brill-Com of such changes through the Customer Center by email. Brill-Com will not be liable for any disadvantage caused by your failure to notify Brill-Com of changes.
Please pay particular attention to the following.
For example, you may not interfere with the provision of Services or access to Services using a method other than the one provided and approved by Brill-Com. Furthermore, you may not collect, use or provide to others the information of other Service users, use Services for any profit-generating activity, transmit any information that is pornographic, infringe on any third party’s copyright, post false facts about Brill-Com or any third party, or otherwise violate public order, laws or good morals. You may not copy, modify, distribute, sell, transfer, lease, provide as security or permit others to use any part of Services or software included in Services without Brill-Com’s consent. In addition, you may not reverse engineer, attempt to extract the software source code included in Services or copy, disassemble, reproduce or otherwise modify Services.
If you fail to comply with applicable laws, the Terms of Service and/or other policies of Brill-Com, Brill-Com may conduct an investigation into the non-compliance, delete or temporarily delete the relevant post, or suspend your use of Services either temporarily or permanently. Brill-Com has the right to destroy or store your personal information separately if your account has been inactive for the period specified in the relevant laws. Brill-Com will notify you via email or SMS before proceeding. Please note that this may result in the lack of required information and lead to the termination of the Terms of Service.
Brill-Com manages posts in accordance with applicable laws.
Where the postings are in breach of the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter "the Act on Information and Communications Network"), the Copyright Act, and any other governing laws and/or regulations, the legitimate holder of right may request suspension and deletion of such postings, and Brill-Com shall take necessary actions in accordance with applicable laws. Furthermore, even without any request from the legitimate holder of right, Brill-Com may take any tentative measures against such posting pursuant to applicable laws if there exists anything that may be deemed to constitute infringement of a third party’s rights, and/or in breach of Brill-Com's policies and governing laws. Detailed processes related to such measures shall follow the procedures specified by the Act on Information and Communications Network and the Copyright Act.
Brill-Com protects your personal information.
Please don’t use life-safety or critical care services.
You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Brill-Com makes no warranty or representation that use of the Products or Services, including integration with any third-party product or service, will affect or increase any level of safety. You understand that the products and services, whether standing alone or interfaced with third-party products or services, are not a third-party monitored emergency notification system – Brill-Com will not dispatch emergency authorities to your home in the event of an emergency. In addition, the Brill-Com customer center contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
The Brill-Com Services, including remote access and mobile notifications, are also not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. You agree that you will not rely on the services for any life safety or critical purposes. Mobile notifications regarding the status and alarms on your Brill-Com products are provided for informational purposes only – they are not a substitute for a third-party monitored emergency notification system. The information provided by Brill-Com on what to do in an emergency is based on authoritative safety sources, but there is no way for Brill-Com to provide specific information relating to a situation in your home or elsewhere. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
There are System Requirements.
Access to services is limited to those with the necessary system requirements, as published in connection with such Services. Certain Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Brill-Com. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. In addition, you acknowledge that Brill-Com may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with Brill-Com Products connected to the same Brill-Com account, and enable certain features.
Brill-Com provides a better location-based service.
With an aim to provide more convenient and useful services to you, Brill-Com may include location-based service in Services. The location-based service of Brill-Com is a service based on your location data received from a location information provider, which collects your location data from your mobile device. More specifically, such location-based service consists of a monitoring environmental data sharing service where you may share your current location or any particular location with other users, map or prepare postings related thereto. Particularly, for a minor under the age of 14 who wishes to utilize location-based services that uses personal location data, as Brill-Com will use and provide such location data, parental or legal guardian’s prior consent is mandatory. If it is found that the location-based service was used without such consent, Brill-Com may immediately suspend or place appropriate restrictions on the use of the location-based services.
You may request access to or notification of the information confirming the use and provision of your location data, or the reasons, notification and details of your personal location data provided to a third party pursuant to relevant laws and regulations. If the relevant data contains an error, you may demand correction thereof. If Brill-Com provides your personal location data directly to a third party designated by you, Brill-Com will promptly notify you of the third party to whom your personal location data is provided, the date, time and the purpose of such provision through your smartphone or other device from which Brill-Com has collected your personal location data pursuant to relevant laws and regulations.
If a dispute arises between Brill-Com and you in connection with the location data, and if such dispute is not amicably settled, in accordance with Article 28 Section 2 of the Act on the Protection, Use, Etc. of Location Information, and Article 43 of the Personal Information Protection Act, you may submit a request for mediation to the Personal Information Dispute Mediation Committee.
Services may be suspended occasionally.
Brill-Com strives to provide Services 24 hours a day, 365 days a year without interruption. However, as a result of a regular or temporary inspection of the equipment for maintenance or repair or due to other unavoidable causes, Services may temporarily be suspended. In such case, we will provide a prior notice to you within the relevant Service. If Services are suspended due to causes not foreseen by Brill-Com, Brill-Com will notify you thereof immediately after Brill-Com determines the causes for the relevant suspension. You agree that you will not be entitled to any refund or rebate for such suspensions. Brill-Com does not offer any specific uptime guarantee for the Services.
You may elect to deactivate your account.
If you wish not to use Services any longer, you may, at any time, request for the termination of the Terms of Service by using the menu provided in Services. In such case, Brill-Com will take actions accordingly in a swift manner as required under relevant laws and regulations.
Furthermore, you may elect to terminate only certain Services among other Brill-Com Services. In such case, only the data related to the terminated Services will be deleted, and your Brill-Com account will not be deleted for your use of the remaining Services.
Even if your service agreement is terminated, you may sign up for Brill-Com Services again. However, if your previous service agreement had been terminated due to the restriction of your access to Services following your violation of related laws or Brill-Com’s Terms and policies, you may be subject to the minimum wait period or other restrictions when you sign up for any Brill-Com Service again.
In providing Services, Brill-Com exercises reasonable skill and due care in helping you enjoy Services to their fullest extent possible. Brill-Com does not guarantee or promise any specific level of air cleanliness or any health benefits from the use of the Products or Services or any feature of them, including following any guidance provided by the Services. Brill-Com, to the extent permissible by law, accepts no liability regarding your actions based on the information provided by the Services, and makes no warranties and representation about the applicability of such information or guidance to your specific needs. Any health questions regarding the information and guidance provided should be directed to a medical doctor.
To the extent permitted by applicable law, Brill-Com expressly disclaims any and all promises or warranties of any kind regarding matters not set forth in the Terms of Service. For example, Brill-Com disclaims all promises or warranties relating to the particular function or availability of content or service included in Services, and Services are provided on an “AS IS” basis.
Brill-Com will take responsibility for its negligence.
Brill-Com desires that you happy and benefit from your use of Services, and if any damages result from Brill-Com’s negligence, Brill-Com will compensate you for such damage in accordance with applicable law.
Notwithstanding the foregoing, Brill-Com will not be liable for any (i) personal injury resulting from your access to or use of Services, (ii) damage resulting from unauthorized access to or use of the Brill-Com servers by a third party, (iii) damage resulting from any interruption or cessation of transmission to or from Services caused by a third party, (iv) damage resulting from transmission of bugs, viruses, adware, spyware, worms or other malicious code by any third party, (v) damage resulting from the omission or destruction of data transmitted, or (vi) damage incurred by you during the course of the use of Services by any third party without Brill-Com's fault, including, but not limited to, defamatory injury. Moreover, to the extent permitted by applicable law, Brill-Com will not be liable for lost profits, revenues or data, financial losses or any indirect, incidental, punitive, special, consequential or exemplary damages.
The Terms of Service are subject to change.
In order to reflect changes to applicable law or changes to Services, among other reasons, Brill-Com may revise the Terms of Service, the instructions for use of each Service through the Q&A, other applicable guidelines and notifications. In the event of a change to the Terms of Service, Brill-Com will post a notification thereof on the Notices page of Brill-com Services, and the revised Terms of Service will become effective 15 days after the posting of such notification.
However, if the revised Terms of Service may affect you adversely, Brill-Com will give you a reasonable 30 day prior notice thereof by sending you an email or an SMS to the email address or phone number you use as a Brill-Com Account an alarm message.
Brill-Com will receive your comments on the revised Terms of Service for a period from the date of the posting of such notice of the proposed revision until the effective date of the revised Terms of Services. Your failure to provide your comments within such period will be deemed as your consent to the revised Terms of Service. Unfortunately, if you do not consent to the revised Terms of Service, Brill-Com will be unable to provide Services to you.
Your comments and suggestions are highly appreciated. You may, at any time, visit the Brill-Com Customer Center and leave your comments and suggestions. Brill-Com will send you various news and announcements by sending an email or an SMS to the email address or phone number you use as a Brill-Com Account, an alarm message, etc. Announcements applicable to all users of Services will become effective after being posted on the Notices page of Brill-Com Services for at least 7 days.
The Terms of Service apply to the relationship between Brill-Com and you only, and no third party will be entitled to any benefits under the Terms of Service.
If you fail to comply with the Terms of Service, Brill-Como’s failure to exercise or enforce any right or provision of this Terms of Service right away will not be considered a waiver of such right or provision. If any provision of the Terms of Service is held to be invalid or unenforceable, such provision will have no effect on the remaining provisions of the Terms of Service.
This Terms of Service and Services are governed by the laws of the Republic of Korea (“Korea”).
Date of Announcement : JUL 27, 2018
Date of Implementation : AUG 01, 2018
If you have any inquiries on Services (including location-based services), please feel free to visit or contact our Customer Service.
Brilliant and Company Co., Ltd. (hereinafter referred to as ‘Brill-Com’ or the ‘Company’) thoroughly abides by domestic privacy protection regulations, including the Act on Promotion of Information and Communications Network Utilization and Information Protection (hereinafter referred to as the ‘Information and Communications Network Act’) and Personal Information Protection Act, in all stages of Brill-Com services, from service planning to termination. Brill-Com also provides services in accordance with international standards, including the OECD Privacy Guidelines.
1. Collected Personal Information
If the user subscribes to use services, a minimum amount of personal information, which is necessary for service use, will be collected by Brill-Com.
The following personal information is collected when users subscribe to Brill-Com.
Users’ ‘ID, password, name, date of birth, gender, email address, mobile phone number used to verify subscription’ is mandatory information that is collected when the user subscribes to Brill-Com. If the date of birth provided by the user shows that the user is a minor under the age of 14, the service is not available.
The IP address, service usage records, device information, and location information can be generated and collected during service use.
In other words, 1) the information communications service provider may automatically generate information about the user while the user uses the service and save (collect) the information, or 2) the information is collected after information that is unique to the user’s device is safely converted so that the original value is unidentifiable.
Details on the collection and storing of location information when using services are regulated on “Location Information User Agreement”.
Brill-Com uses the following methods to collect personal information.
Personal information is collected if the user agrees to the collection of personal information and personally inserts the information during the subscription process or during service use.
User’s personal information is collected through the webpage, email, fax or phone during consultations that are provided at the customer center.
Personal information is collected through documents at events or seminars that are held offline.
Personal information is acquired by external companies or organizations that are in partnership with Brill-Com. In such an event, the partnering company will provide the information to Brill-Com after obtaining consent from the user to provide their personal information to Brill-Com, as is required to do so by the Information and Communications Network Act.
Information that is generated, such as device information, is automatically generated while the user uses the PC web or mobile web/app and collected.
2. Use of the Collected Personal Information
Brill-Com uses personal information only for purposes described below, which includes managing subscribers, developing, providing and improving services, and creating a safe internet user environment.
Personal information is used to confirm user’s intent to subscribe to Brill-Com, verify the user’s age and consent from the user’s legal representative verify the identity of the user and legal representative, identify the user, confirm the user’s intent to unsubscribe from Brill-Com, and for other subscriber management purposes.
Personal information is used to provide existing services, including contents and advertisement, and also used to analyze demo graphic data and algorithms based on users’ personal information and areas of interest, service visitations and use records, provide customized services and environmental map services, and discover other elements that can be used to develop new services and/or improve existing services.
Personal information is used to restrict users who have violated laws, regulations and Brill-Com’s User Agreement from using the service, prevent and restrict actions that interfere with seamless service operation, including any delinquent actions, prevent account fraud and illegal transactions, deliver notices on agreement updates, store records on dispute mediation, handle civil petitions and for other user protection and service operation purposes.
Personal information is used to verify the user’s identity when providing premium services, make purchases and payments and to deliver product and services.
Personal information is used to provide information on events and provide opportunities to participate, to provide advertisement and for other marketing and promotion purposes.
Personal information is used to analyze service use records and access frequencies, calculate statistics on service use, analyze services and provide customized services based on statistics, and place advertisements.
Personal information is used to relieve users in circumstances that involve security, privacy and safety and to build a usable service environment.
3. Provision and Entrustment of Personal Information
As a rule, Brill-Com does not provide personal information to any external party without consent from the user.
Brill-Com does not provide personal information to any external party without consent from the user. However, personal information is provided only when the user has personally agreed to the provision of their personal information in order to use external partner’s services, when Brill-Com is obligated to submit personal information in accordance with related laws and regulations, and to resolve emergency situations where the user’s life or safety is confirmed to be endangered.
Brill-Com has placed necessary regulations to safely protect personal information in accordance with the Information and Communications Network Act, and is managing/supervising personal information accordingly.
4. Destruction of Personal Information
As a rule, the Company destroys personal information immediately after the user unsubscribes from the service.
However, personal information can be stored safely for a designated amount of time, even after the user unsubscribes, if Brill-Com has obtained separate consent from the user to store the personal information for a certain amount of time, or if the Company is obligated by law to store the information for a specific time period.
Statutes, including the Act on the Consumer Protection in Electronic Commerce, Electronic Financial Transactions Act, and the Protection of Communications Secrets Act, require Brill-Com to store the information for a period of time, as described below. Brill-Com will store the personal information for the period prescribed by law and will never use the information for other purposes.
Act on the Consumer Protection in Electronic Commerce
Records on subscription or withdrawal of subscription: Store for five (5) years
Records on payment settlements and supply of goods: Store for five (5) years
Records on customer complaints or dispute settlements: Store for three (3) years
Electronic Financial Transactions Act
Records on electronic finance: Store for five (5) years
Protection of Communications Secrets Act
Records on sign-in: Store for three (3) months
Personal information is immediately destroyed to an unrestorable state once the purpose of the information collection and storage has been fulfilled, which includes the user’s unsubscription from the service, termination of a service, or expiration of the personal information storage period that was approved by the user. Personal information that was stored due to obligations imposed by law is immediately destroyed to an unrestorable state once the storage period has expired.
5. User and Legal Representative’s Rights and How to Exercise Those Rights
Users can go to ‘Profile’ to view or update their personal information at any time.
Users can go to ‘Subscription Withdrawal’ to withdraw their consent to the collection and use of their personal information at any time.
If a user requests that errors in their personal information be corrected, the personal information that is to be corrected cannot be used or provided until the corrections are made. If incorrect personal information has already been provided to a third party, the corrected information will be immediately notified to the third party so that necessary corrections can be made.
6. The Chief Privacy Officer and the Responsible Personnel
Brill-Com has designated the following persons as Privacy Officer and Personal Information Manager. They will be responsible for answering Brill-Com users’ inquiries regarding personal information and resolving any related complaints.
Chief Prvacy Officer
Name : Jungyon Yun
Affiliation and Position : Business Management / CEO
Phone : 02-6959-5538
Email : firstname.lastname@example.org
Personal Information Manager
Name : Seungyong Choi
Affiliation and Position : Operation / Manager
Phone : 02-6959-5538
Email : email@example.com
8. Obligation to Notify Before Amendments
- Notification date: Jul 27, 2018
- Effective date: Aug 03, 2018