Terms & Conditions

Article 1 (Purpose)

The purpose of Users Agreement (the “Agreement”) is to set forth the rights, obligations and responsibilities of McDonald’s Korea Co., Ltd. (the “Company”) and its members (the “Member”), other terms and conditions of use and procedure in terms of using all use services of McDonald’s application (the “Application’) operated by the Company and location-based service providers.

Article 2 (Definitions)

As used in this Agreement, the following terms shall have the following meanings:

1. “Service” means the services which are provided by Application to Member and used by Member whichever the terminal (including various wired or wireless devices such as PC, TV, and portable terminal) is for realizing them.
2. “Member” shall mean the user of Service who has filed an application for membership hereunder and approved by the Company.
3. “ID” (the “ID”) shall mean a combination of characters or numbers which the Member selects, and the Company approves for member identification and Member’s Service use.
4. “Password” shall mean a combination of characters or numbers which the Member selects to confirm whether the user is the same person with one registered and protect personal and confidential information.

Article 3(Effect and Modification of Agreement)

1. Company approves membership application based on the presumption that Member consents to this Agreement and this Agreement will come into effect when the Member consent to the details announced by the Company while becoming a Member.
2. The details of Agreement may be modified by Company to the extent that they do not violate applicable laws and regulations and modified agreement shall come to effect immediately when 7 days lapse on the condition that the Company uploads and MY can check it in the Application.
3. If a Member does not consent to amended users agreement, the Member may request withdrawal of membership (termination) and, otherwise, if the Member does not express its intent to withdraw within 7 days from the date of announcement of modified agreement under Paragraph 3.2, such Member shall be deemed to consent to such modified agreement.

Article 4 (Membership and Method of Collection of Location Information)

1. Any Member of Application shall be the Member himself/herself.
2. “Member himself/herself” means a person who has consented hereto, filed a membership application by entering his or her personal information to the form and been approved by the Company. No application for membership as corporate entity or group member may not available
3. A minor under 14 may not become a Member of Application.
4. If the case falls under any of the followings, the Company may suspend or reject its approval of membership
1. i. when the Member becomes a member with a false name
2. ii. when the Member becomes a member with ID which may be disgusting or offensive to others
3. iv. when the Member files an application for membership by borrowing or stealing name of others
4. v. when the Member falsely enters any item of membership application or fails to enter any details requested by the Company
5. vi. when the Member file an application form for membership for the purpose of violation of laws and regulations or harming public moral; or
6. vii. when the Member has ever been disqualified hereunder (except for the cases where the Member has obtained again from the Company)
5. Company collects the location information based on the GPS of terminals of mobile phones.
6. If any method of collection of personal location information as set forth in Clause 5 hereof is modified, the Company shall give a public notice through internet or inform to the customers : Provided that, if such notice is impossible due to any cause beyond the control of Company, Company will give a notice thereafter.

Article 5(Member Information)

1. Company makes its best effort in protecting Personal Information of Member as required by applicable laws and regulations. In addition, for privacy protection and use of Personal Information, the privacy protection policy of Company will apply.
2. Any Personal Information will not be used for other usage or disclosed outside except that such use or disclosure is consented by Member or permissible under applicable laws and regulations.
3. Notwithstanding the foregoing Paragraph 5.2, if Company is required to provide Personal Information of Member to a 3rd party including investigation agencies under applicable laws and regulations, Company may provide such Personal Information inevitably to the extent that it complies with such applicable laws and regulations.

Article 6 (Details of Services of Provision of Location Information)

1. The details of Service of provision of personal location information provided to the location-based service providers are as follows:

Title and description of Service	Fee
* Check and use of coupon - Service which identifies the stores location and provides coupon through Application of McDonald’s to the customers within certain distance from such stores (coupon may be checked only in the Application of customers within certain distance)	- Use of Service: Free of charge - Cost for data communication for using Service : Depends on the subscription fee system of mobile-service companies and their members
* Alert service for event /benefit while visiting stores - Service which identifies the stores location and provides information of McDonald’s including event/benefit to the customers in a form of message through mobile devices owned by such customers themselves (However, this Service is provided only to the customer who has consented to receive the ‘push alert service’ in the Application of McDonald’s)

Title and description of Service

Fee

* Check and use of coupon
- Service which identifies the stores location and provides coupon through Application of McDonald’s to the customers within certain distance from such stores (coupon may be checked only in the Application of customers within certain distance)

- Use of Service: Free of charge
- Cost for data communication for using Service : Depends on the subscription fee system of mobile-service companies and their members

* Alert service for event /benefit while visiting stores
- Service which identifies the stores location and provides information of McDonald’s including event/benefit to the customers in a form of message through mobile devices owned by such customers themselves (However, this Service is provided only to the customer who has consented to receive the ‘push alert service’ in the Application of McDonald’s)

2. Any location-based service provider (the “LBSP”) may request the Company to provide personal location information (the “PLI”) of the subject of such information with consent of such subject under Article 20 of the ‘Location Information Act’
3. By providing the followings, the LBSP may request Company to provide PLI:
1. i. the fact that LBSP has obtained consent from such subject; and
2. ii. scope and period of personal location information
4. Company may reject to provide PLI of such subject if: it considers that LBSP request for provision of PLI without consent of such subject as set forth in the foregoing Paragraph
it is discovered that such consent has not been obtained; or such request is considered as a violation of applicable laws and regulations.

Article 7(Period of Retention and Use of Location Information)

Company will destruct PLI of a customer without delay except for the data for confirming the use and provision of location information to be recorded and retained under Article 16 (2) of the Location Information Act when the purpose of collection, use and provision of PLI of that customer has been achieved or the customer withdraws the entire or part of his or her consent to provision of PLI hereunder.

Article 8(Rights of Legal Representative Regarding Location Information)

1. If it desires to collect, use or provide PLI for the children under 14 under Articles 18(1), 19(1) and (2) or Article 21 of the Location Information Act (the “Act”), the Company shall obtain their legal representatives
2. The provisions of Clause 9 (Rights of Customers) shall apply mutatis mutandis when the legal representative consents under Article 25 (2) of the Act and, in such event, the Customer shall be deemed as legal representative.

Article 9(Rights of Customers Regarding Location Information)

1. Any Customer may withdraw the entire or part of his or her consent to collection, use or provision of his or her PLI by the Company through wired /wireless internet.
2. Any Customer may request the Company to temporarily suspend to collect, use or provide his or her PLI: Provided that in such event, the Company’s provision of Service may not available.
3. A Customer may request Company to allow access to or inform any of the following data or make any correction in the error in such data (if any):
1. i. Data to verify the collection, use and provision of PLI of such Customer; or
2. ii. Reason and details of provision of PLI of such Customer to a 3rd party under the Act or other laws

Article 10(Obligations of Members)

1. Members shall comply with this Agreement, all the rules and notices of Company including use rules, other applicable laws and regulations
2. Members shall be responsible for managing their ID and Password, directly use them by themselves and shall not allow others to use them.
3. Members shall be also liable for various loss and damage arising out of divulge of their ID and Password due to their carelessness.
4. In case of changes in any item filled out in membership application form, the Member shall either make corrections thereon or inform it to Company through e-mail and in other manner. Otherwise, Member shall be responsible for any problems arising out of failure thereof including disadvantage to the Member.

Article 11(Management of Members)

1. Member may request at any time for access to, make corrections on his or her Personal Information or withdraw his or her consent (membership).
2. Any Member desiring to withdraw his or her consent (membership) may go through membership withdrawal process by pushing the button of withdrawal at https://www.mcdonaldsapps.com/en-EN/account . In such event, all the Personal Information of such Member will be immediately deleted and disappeared except for the cases where the Company retains it as required by applicable laws and regulations and its privacy protection policy.
3. Any person who has become a member of Company may use the Service of Company in a equal status.

Article 12(Use of Member Information)

1. Member shall not use or provide to a 3rd party any Personal Information of other users including e-mail address acquired in the course of using the Service regardless of the purpose thereof.
2. If a Member uses or provide to a 3rd party any e-mail address of other members for sending a spam mail, the Member shall be fully legally liable for such use and provision and indemnify the Company from any loss or damage arising out of such use and provision.

Article 13(Copyright)

1. Should any Member divulge outside any information of various Service provided by Application without prior consent, that Member may be punished under applicable laws and regulations including the Copyright Act.
2. Member shall not use without approval any image file registered in Application including Corporate Identity (CI) / Brand Identity (BI) or character of Company and acknowledge and consent that , otherwise, if any violation of this is detected, Member will be legally punished.

Article 14 (Suspension and Withdrawal of Membership)

1. If the case falls under any of the followings, the Company may, as a Service provider, suspend or disqualify his or her membership without giving a notice:
1. i. when the Member falls under any Subparagraphs of Paragraphs 4.4 hereof including entry of false information in membership application form
2. ii. when the Member trades or registers any obscene material among members in Application
3. iii. when any act of the Member which is considered as illegal, criminal or civil, is discovered (including illegal commercial acts)
4. iv. when the Member uses any swear word or vulgar word in Application including bulletin board thereof and it is considered as offensive or unpleasant to others ;or
5. v. when the Member commits any act in violation of applicable laws, regulations, this Agreement, or other rules related to the use of Service.
2. If any Member commits a wrongful advertisement or an act harmful to other Members by using Application, the Company may inform to such Member to stop such act not more than once and, if such act continues even with such notice, the Company may suspend the membership of or disqualify such Member without giving a notice.

Article 15(Provision and Use of Service)

1. Service are provided all the year round and 24 hours each day without any specific disturbance in management or technology of Company, in principle
2. The service hour as set forth in the foregoing Paragraph 15.1 may not apply to the hour and dates designated by Company for any reasons such as regular inspection: Provided that, if the Service is suspended temporarily for inevitable reason, the Company shall inform in advance but may inform thereafter in inevitable situation.
3. The details of product purchase agreement which will be entered into between the Member and Company by using shall be determined by the terms and conditions as agreed by the parties of each individual agreement .

Article 16(Provision of Information and Advertisement)

1. In operating Application Service, the Company may provide Members with information including various user rules through uploading it in bulletin board.
2. Company may provide Members with advertisement, events, goods, services and promotion (provision of coupon) through Application.

Article 17(Obligations of Service Providers)

1. Except for extraordinary circumstance, the Company may allow the users to use the Service on the date of starting provision of such Service applied by the users.
2. Company is obliged to provide continuing and stable Service under the terms and conditions hereof.
3. Unless otherwise specifically stated herein, the Company shall not disclose or distribute any Personal Information of users without consent of such users: Provided that this shall not apply to the cases where the Company discloses or distributes such Personal Information as duly required by national agencies under applicable laws and regulations including the Act of Promotion of Use of Information Communication Network Use and Protection of Information.
4. If any opinion or complaint of Member is considered as justifiable, the Company shall immediately respond thereto: Provided that, if such immediate response is not available, the Company shall inform the reason thereof and schedule for handling it.

Article 18 (Miscellaneous) (Guides of Service and user rules and matters which is not set forth therein)

Any term or matter which is not stated herein may be defined in a separate Service guides and user rules and the details thereof may be checked in the column of ‘Frequent Inquiries’ in Application and any matter or interpretations thereof which is not stated in Application shall be determined by applicable laws and regulations or customary practices.

Article 19 (Responsibility for Breach)

1. Any party breaching this Agreement shall be fully and legally liable for the damage incurred by other party arising out of such breach under applicable laws and regulations
2. Any suit on the dispute between the Company and Member with respect to the use of Service of Application shall be referred to or settled by competent court having jurisdiction thereto under the Civil Procedure Act.

Article 20 (Indemnification)

1. Company shall not be liable for any failure to provide the Service caused by a force majeure including act of God and war.
2. Company shall not be liable for any disturbance of use of Service or damage arising out of the fault of Member.

Article 21 (Contact and Person Responsible for Location Information)

1. Name, address, telephone number and other contact information of Company are as follows:
1. i. Name of Company: McDonald’s Korea LLC
2. ii. Representative: Antoni Martinez
3. iii. Address: 14th Fl., Jongno Tower, 51 Jongno, Jongno-gu, Seoul, Republic of Korea
4. iv. Tel.: +82-80-208-1588
2. Company designates a person responsible for managing location information as follows to ensure that the location information will be properly managed and protected and customers complaints will be smoothly handled.
1. i. Person responsible for managing location information: Cheolhong Kim
2. ii. Tel.: +82-80-208-1588