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TERMS AND CONDITIONS

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TERMS OF USE

Acceptance of Terms
Korea Defense Industry Association(hereinafter referred to as the “KDIA”) make the website www.k-offset.com (the "Website") available as an online source of defense offset market information through a user-friendly interface (the "Services"). By accessing or using the Services you are also agreeing to be bound by the following terms and conditions ("Terms of Use"), including any subsequent changes or modifications to them. If you do not agree to these Terms or to our Privacy Policy, please do not access the Services.

Privacy and Communications
You acknowledge and agree that we may occasionally send you communications regarding your account or the Services via email. See the Privacy Policy, which governs our use of any personal information collected through the Services.

Accounts, Passwords, and Security
The Services allow you to access and review defense offset market information through an online user-friendly interface. Certain areas of the Website require you to register with KDIA ("Registered Users"), whereas other portions are open to anyone who visits the Website (the "General Users", and together with Registered Users, the "Users"). Therefore subjects against the confidential business information and national security shall not be contained in the Website. Registered Users are able to post information pertaining to defense offset which is made available to other Registered Users. If a verified representative of the User requests that we take down their profile, we will do so within a reasonable period of time. When signing up for the Services, you are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. You acknowledge that: (i) all of the information that you provide to KDIA must be accurate and complete; (ii) it is an offence to login under an account other than your own; and (iii) you must not upload, post, email, or otherwise transmit any material that contains known software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. KDIA will use commercially reasonable efforts to ensure that the Website is online and fully functional in order to provide Users with the Services and provides an uptime service availability of 99.9% subject to planned service outages. KDIA cannot guarantee that any feature or functionality of the Services or Website, currently available, will remain available or will remain unchanged. As such, you agree that KDIA will not be liable to you as a result of any such changes to any feature or functionality of the Services or Website. Your only remedy will be to cancel the Services.

Contents
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively "User Content") transmitted to KDIA by Users are the sole responsibility of such Users. This means that the User, and not KDIA, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Services. KDIA does not control or actively monitor User Content and does not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that all materials provided on and/or related to the Services(excluding User Content) ("Materials") are based on data and sources believed to be reliable, but accuracy and completeness cannot be guaranteed. As such, KDIA cannot guarantee any success or result in using or relying on such materials and under no circumstances will KDIA be liable in any way for any materials, including, but not limited to, for any errors or omissions in any of the materials or any defects or errors related thereto. KDIA reserves the right to distribute and publish any data provided by users which has been sanitized, anonymized and aggregated by KDIA to preserve confidentiality.

Promotion
From time to time, KDIA may request permission to use your full name, business address, and website address for testimonial purposes on our website or other business-related media.

End User License
This Website, and the information and materials that it contains, are the property of KDIA and its licensors (any third party licensors who provide components of your software/services.), and are protected from unauthorized copying and reprinting & dissemination by copyright law, trademark law, and other intellectual property laws. KDIA grants you a non-transferable rights to use the Website for your use. Nothing in these Terms of Service give you a right to use the KDIA names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to the functionality of the Website shall be subject to the terms of these Terms of Service.

Feedback
If you provide KDIA with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services("Feedback"), KDIA may use such Feedback in the Website or in any other KDIA related services (collectively, "KDIA Offerings"). Accordingly, you agree that: (a) KDIA is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all the necessary rights to disclose the Feedback to KDIA, (c) KDIA (including all of its successors and assigns and any successors and assigns of any of the KDIA Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any KDIA Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from KDIA or any of the other users of the Website in respect of the Feedback.

Disclaimer of Representations, Warranties and Conditions.
THE WEBSITE, SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." KDIA SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES. THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. KDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND KDIA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. KDIA WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES OR YOUR LIABILITY RELATING TO THE USE OF THIS WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF KDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KDIA'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification
CUSTOMER INDEMNITY. YOU SHALL INDEMNIFY AND HOLD KDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, AND ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
KDIA INDEMNITY. KDIA SHALL INDEMNIFY THAT THE SERVICES WILL NOT INFRINGE THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS AND WILL BE PROVIDED WITHIN NO VIOLATION OF COPYRIGHT LAW, TRADEMARK LAW, AND OTHER LAWS REGARDING INTELLECTUAL PROPERTY RIGHTS.

Acceptable Use and Conduct
You will not use our Services to:
(i) upload, post, email, or otherwise transmit anything that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harm us or third parties in any way;
(iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(iv) upload, post, email, or otherwise transmit any submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

You will not use the Services for any fraudulent use, including, but not limited to, false identification during registration, logging in under another Users account, posting inaccurate or misleading information about a company and uploading malicious code in the form of a logo or image. All use of the Services and/or the Website must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.

KDIA is not liable for the damage of members results from the complimentary service excepting crimes that KDIA conducted intentionally.

We do not represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications on the Website or associated with the Services, nor do we endorse any opinions expressed via the Services. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon.

We do not control the content posted through the Services and expressly disclaim any liability or responsibility for or associated with such content.

Zero Tolerance
We do not permit offensive User Content on the Website, including, but not limited to, User Content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. We reserve the right to disable the account of any User with 48 hours prior notice if, in our sole discretion, such User has violated any part of these Terms of Service and failed to take immediate steps to KDIA’s satisfaction to cure or rectify that breach (if capable of being rectified). In appropriate circumstances, KDIA will also terminate any Users account if the User, in the sole discretion, is or has been a repeat infringer. An account terminated by us will not be backed-up for any reason and will be immediately deleted from our servers.

Links and Third Party Websites
Services may display, or contain links to, third party products, service, and websites. Any opinions, advice, statements, service, offers, or other information that constitutes part of the content expressed, authored, or made available by Users or other third parties through the Services, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, service, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through the Services. The Services may contain advertisements however we also do not assume any liability for or endorse, guarantee or assume any responsibility for any product or service advertised or offered by any third party through the Services or in respect of any website that can be reached from a link or any advertisement on the Services.

Termination of Service
We may, under certain circumstances and with prior notice, immediately terminate or suspend your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service (including, without limitation, providing fraudulent or incorrect information), (b) requests by law enforcement, other government agencies or our third party data providers or licensors, (c) a request by you, (d) unexpected technical, security or legal issues or problems, and/or (e) participation by you, directly or indirectly, in fraudulent or illegal activities (including falsification of your credentials). You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third-party for any termination of your access to the Services.

Change and Cancelation of the Service
KDIA is not liable for the damages result from the interest anticipated by users or the data obtained from the services, and also not liable for the reliability and accuracy of the information and data included in the service. Regarding the use of the service, KDIA is not liable for the damages result from the intention and negligence of the users.

Modifications to Terms of Service
We reserve the right to modify these Terms of Service at any time on provision of written notice to you if any substantive changes are proposed to these Terms of Service. Please review these Terms of Service on occasion as they may change in the future.

PRIVACY POLICY

Korea Defense Industry Association(hereinafter referred to as the “KDIA”) has and releases the following management policies in compliance with the Personal Information Protection Act 30 in order to protect users’ personal information and interests, and to handle user complaints efficiently.

Article 1 (The Purpose of Managing Personal Information)
① KDIA manages personal information for the following purposes. The managed personal data shall not be used for any purpose other than the following and when the purpose is changed, KDIA will do required actions such as receiving separate agreement in accordance with Personal Information Protection Act 18.

1. Membership Registration and Management
Personal information shall be managed for the purpose of user authentication, personal identification, management of quality for membership, and delivery of notices, etc.
Article 2 (Items of Personal Information to be Managed) KDIA manages following items of personal informations.

① Processing items of K-offset Membership Registration and Management
· ID, company name(Korean · English), tel.(Office), fax number, company address(Korean · English), name(Korean · English), position(Korean · English), department(Korean · English), tel.(Mobile), e-mail address.
② Following items of personal informations can be collected and automatically created through use of K-offset service.
· IP address, service use history, visiting record.
③ When KDIA collects information other than above personal information, it should be managed after separate agreement regarding additional collection of personal information.

Article 3 (Period for which Personal Information is Managed and Held)
① KDIA processes and collects items of personal information within the period for which personal information is managed and held under the law or the period which has been agreed when the personal information is collected from the data subject.
② Each period for which personal information is managed and held is as follows.
1. K-offset Membership Registration and Management : Until the withdrawal of K-offset website. If it is applied to following reasons, however, the period may end until the reasons are terminated.
A. Under investigation about infringement of relevant law, the period may end until the investigation is completed.
B. If there is claim-obligation relationship according to use of K-offset website, until the relationship is settled up completely.
2. Authentication Information of Membership Registration in K-offset website. : Until the completion of identification.
3. Offset Information : Until the rejection of e-mail receiving from KDIA.

Article 4 (Personal Information Provided to Third Party)
① KDIA, without the prior consent of users, shall not manage the user’s personal information for any purpose In principle, other than intended ones, nor provide them to any third party: However, Following subparagraphs may be allowed.

1. Foreign companies that KDIA has approved registration of K-offset.
2. Where special provisions exist in law or it is inevitable to observe legal obligations;
3. Where it deems necessary explicitly for the protection, from impending danger, of life, body or economic profits of a data subject or a third party in case that the data subject or his/her legal representative is not in a position to express intention, or prior consent cannot be obtained owing to unknown addresses.
4. Where personal information is provided in a manner keeping a specific individual unidentifiable necessarily for the purposes of statistics and academic research, etc.

Article 5 (Entrustment of Personal Information Management)
① For the smooth processing of personal information, KDIA is outsourcing personal information processing as follows.
1. Outsourcee : Jener System
2. Outsourced work : Maintenance of website
3. Period for which Personal Information is Managed and Held : Until the termination of outsourcing contract. (2020. 03)

② Signing up the outsourcing contact, pursuant to Article 26 of Personal Inforamtion Protection Act, KDIA specifies the responsibilities such as prevention of personal information processing for other purposes than the outsourced purpose, technical and managerial safeguards, limitation to outsourcing of outsourcees, control and supervision of outsourcees in the contract documents and supervises whether outsourcees are managing the personal information safely.
③ When there is a change of the affairs of management or trustee, it shall be immediately disclosed through this privacy policy.
Article 6 (The Rights and Responsibilities of the Subject of Information and Methods of Exercising Rights)
① A subject of information may exercise the following rights of personal information protection at any time towards KDIA.
1. To make a request for inspection of his/her personal information
2. To make a request for correction of errors, if necessary
3. To make a request for deletion
4. To make a request for suspension of management

② The exercise of the rights pursuant to Clause 1 shall be implemented through submitting a hand-written document by attached document file, sending an e-mail or a fax, etc. Then KDIA shall take necessary measures immediately.

③ When the subject of information makes a request for either correction or deletion of errors of personal information, KDIA shall not use or provide the corresponding personal information until the correction or deletion process is completed.

④ The exercise of the rights pursuant to Clause 1 shall be conducted by his/her legal representative of the subject of information or a person who holds a delegation of authority. Provided, however that it is necessary to submit a power of attorney by attached document file.
⑤ Data subject shall not infringe himself/herself who are processed by KDIA or others’ personal information or privacy through violation of personal information protection act or other related statutes.
Article 7 (Destruction of Personal information)
① In principle, KDIA shall destroy the personal information immediately when retention period is terminated or management purpose of personal information is achieved.
② Where the retention of such personal information is mandatory by other statutes nevertheless period of the personal information which is agreed by data subject is expired or attainment of the purpose of processing the personal information, the personal information files shall be stored and managed separately from other personal information.
③ Methods, procedures and periods of destroying personal information are as follows.
1. Destruction Procedure
KDIA selects the personal information that reason of destruction occurs and destroys it with acceptance of KDIA’s personal information protection officer.
2. Destruction Method
A. Personal information printed on paper shall be shred or incinerated.
B. Electronic file form of information shall be permanently deleted beyond recoverability through technical.
Article 8 (Measures to Ensure Safety of Personal Information)
KDIA takes security measures for securing safety of personal informations.
1. Management measures : Minimizing the numbers of managing employees of personal information and educating them.
2. Technical measures : Limited access to personal information processing system, installation of limited control system, and encryption of personal information.
3. Physical measures : Access control to data processing department
Article 9 (Personal Information Protection Officer)
① KDIA appoints personal information protection officers as described below who are in charge of the personal information management to help deal with complaints from the subjects of information and remedy against injury.
Chief personal information protection officer
Name : Tae-hwa JEONG
Department : Planning and Management Division
Tel.(Office) : 02-3270-6021
Position : Managing Director
E-Mail : jth4261@kdia.or.kr

Personal information protection officer
Name : Sang-Jun LEE
Department : Security Team
Tel.(Office) : 02-3270-6016
Positon : Manager
E-mail : kaehwa@kdia.or.kr

② Data subject may ask for protection of personal information that occurs during use of K-offset service, complaints from the subjects of information and remedy against injury to personal information protection officer or department. KDIA will reply and processes inquiries from data subject immediately.

Article 10 (Claim for access of personal information)
Data subject may request an access of personal information in accordance with Article 35 of the Korean Personal Information Protection Act to person in charge below. KDIA will make an effort that data subject’s claim for access of personal information is to be processed quickly.

Person in charge of reception and processing claim for access of personal information.

Name : Ji-young LEE
Department : Export Support Team
Tel.(Office) : 02-3270-6083
Position : Manager
E-mail : leejoyride@kdia.or.kr

Name : Jaekyung KIM
Department : Export Support Team
Tel.(Office) : 02-3270-6084
Position : Staff
E-mail : jk.kim@kdia.or.kr

Article 11 (Governing Law)
You shall agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by Korean laws therein without regard to its conflicts of laws provisions.

Article 12 (Remedies for Rights and Interests Infringement )
A. Data subjects may inquire the remedy and consultation for the infringement of personal information to the following institutions.
< Following institutions are seperate entities different than KDIA. Please contact following institutions where complaints handling and the result of remedies for the infringement that KDIA offers are not satisfied or need to receive additional support. >

▶ Privacy Call Center (under the Korea Internet & Security Agency):
Responsibilities : report against the infringement of personal information, and consultation request
Website : http://privacy.kisa.or.kr
Telephone number : 118 (without area code)
Address : Privacy Call Center, Korea Internet & Security Agency, 135, Jungdae-ro, Songpa-gu, Seoul, Republic of Korea
▶ Personal Information Dispute Mediation Committee
Responsibilities : Application for personal information dispute mediation, collective dispute mediation (settlements in civil cases)
Website : https://www.kopico.go.kr
Telephone number : 118 (without area code)
Address : Personal Information Dispute Mediation Committee, 209, Sejong-daero, Jongno-gu, Seoul, Republic of Korea

▶ Cybercrime Investigation Division, Supreme Prosecutors’ Office :
02-3480-4555 ( www.spo.go.kr )

▶ Cybercrime Investigation Division, National Police Agency :
1566-0112 ( www.netan.go.kr )

Article 13 (The Changes of Personal Information Policy)
Enforcement date of this policy is 11th. Sep. 2018.