• Privacy Policy effective since: 2008-06-02
• Privacy Policy last updated in: 2008-06-02
• Privacy Policy Representative: webmaster@tmaxsoft.com

Member refers to users of the TmaxSoft website who are registered as either a general member, customer member, or partner member.

TmaxSoft is aware of the importance of protecting our user’s privacy. TmaxSoft has established a policy for protecting its member’s private information.

Personal information of each member is managed by the country the web site’s server is located in, but some members may be managed by a third country’s server.

Please contact the web site or private policy representative whenever you’d like to inquire about this policy.

TmaxSoft Privacy Policy contains the following content.

• Purpose of collecting and using personal information
• Use of personal information
• Agreement of collecting personal information
• View/Modify/Delete personal information
• Period of keeping and using personal information
• Duty to notify of the changes in Privacy Policy

Purpose of collecting and using personal information

Depending on the type of membership, the TmaxSoft web site provides various services that do not require membership registration or personal information. To provide such service, the following type of information may be collected.

1. 1. Collection of personal information according to the web site membership type
   • General member: email address, password, name
   • Customer member: email address, password, name, company, occupation, job title
   • Purchase members will be activated only after authenticating the provided personal information with the agreement of the customer.
   • Partner member: Email address, password, name, company, occupation, job title
   • Partner members will be activated only after authenticating the provided personal information with the agreement of the partner company.
2. 2. Collecting cookie information

   Connecting to the TmaxSoft web site will store at least 1 “cookie” (if the brower accepts cookies) in the member’s web browser as a very small text file. Tmaxsoft uses the cookie to improve services to its members in the following ways.

   • Analyzing the frequency of visit, time of visit, and usage of the member aids the realization of customer oriented marketing and enhancing services.
   • Frequency of visit of the members participating in the events hosted by TmaxSoft is analyzed of its level of interest. This becomes the basis for providing distinctive services and structuring the services.

   * Members can change the environment setting of the web browser to allow cookies. It can be set to accept or reject all cookies, and also include a prompt step prior to storing or modifying each cookie.

3. 3. Collecting web log info:

   When connecting to the TmaxSoft web site, we try with good intention to provide the most efficient service by collecting logs on the member’s system connection environment. The logged information is as follows.

   • Browser, user language, o/s, display resolution, display color
   • Connecting IP, domain, country
   • Search engine or web site
   • search key word or phrase if originating from a search engine
   • Webpage view, estimated duration of view per webpage
4. 4. Collecting communication information

   TmaxSoft web site provides Q&A service for active communication with its members. This service requires additional information to answer the question registered by a member. The information required to provide this service is:

   • Email, name, country, question type
   • When members request for termination of their membership, the reason for termination might be asked. This information will be used to improve the web site services.
   • At any time, registering again for membership is possible to get access to the TmaxSoft web site.
5. 5. Collecting information to share amongst Family sites

   TmaxSoft may at times provide additional services to members through our Family site. As such time, personal information may be shared with agreement by members. Also, additional information may be requested from members for specific services.

6. 6. Collecting information to provide distinctive services

   TmaxSoft will strive to continually improve its services and content to members. When new services are being developed or a 1:1 service for the member is to be provided for this purpose, additional personal information may be requested. This service will take place after user agreement process, so a distinctive service by selection is possible

Use of personal information

TmaxSoft will request user agreement when going beyond what’s described in ”Purpose of collecting and using personal information”. With the use of such process, it is proved that the member’s personal information is not provided to a third country and that it is only for the collection purpose.

If TmaxSoft will use personal information other than for providing services to its members, it will ask prior agreement from the user.

Prior to sharing any personal information, members will be contacted with a request for consent. The request consent will contain:

• The purpose and the party to whom personal information is shared with
• The personal information provided
• A method for the member to consent to sharing the information

Exceptionally, it is possible to provide the information without member’s agreement in the form that does not identify individuals for the purpose of academic research or web site statistic analysis and marketing research. However, before the member’s personal information is provided, a prior notice to the member via email of the following entries will be sent.

• The purpose and the party to whom personal information is shared with
• The personal information provided

Agreement of collecting personal information

TmaxSoft displays an agreement prior collecting the member’s personal information. Members may select “I agree” or “I disagree” for the Private Policy and membership registration usage condition. If the member selects “I agree”, it will be acknowledged that the member agrees to the collection of personal information posted by the TmaxSoft web site.

View/Modify/Delete personal information

The member may view or modify personal information as it is registered in the TmaxSoft web site at any time. To view or modify personal information, click “Modify personal info” (or “Modify membership info”) to go through the authentication process to view or modify personal information.

Also, the user can always terminate the contents that was agreed for collecting, using, or providing personal information that took place during membership registration. This can be done by going through the authentication process in the “My page” service and requesting membership termination. After membership termination, all personal information registered for the general member are deleted immediately. For purchase and partner members, verification with the related company for membership termination is done prior to deletion.

Period of keeping and using personal information

• Terms of Use effective since: 2008-06-02
• Terms of Use modified on: 2008-06-02
• Terms of Use application

Data stored on TmaxSoft servers belonging to members who have registered before the effective of this Terms of Use will be governed by the previous version of the Terms of Use. However, continued use of services by members after the effective date of this Terms of Use document will be taken as agreement to this Terms of Use.

Article 1 [Purpose]

The purpose of this Terms of Use is to define issues related to the rights, duty, usage condition of the service and regulations between TmaxSoft and users of internet services (hereafter stated as “service”) provided by the TmaxSoft.

Article 2 [Term Definitions]

The definition of terms used in this Terms of Use is as follows.

• 1. Service: refers to all services that are provided by TmaxSoft through the TmaxSoft website.
• 2. Users: refers to members and non-members who access the TmaxSoft web site.
• 3. General members: General members may be any user who registers through the website. General members can use the internet services provided by TmaxSoft in accordance with these Terms of Use
• 4. Customer members: refers to private or corporate entities that have purchased a TmaxSoft product and are eligible to receive differentiated services.
• 5. Partner members: refers to private or corporate entities eligible to receiving differentiated service due to having a business partnership with TmaxSoft.

Article 3 [Validity and revision of the Terms of Use]

• 1. This Terms of Use becomes effective from the date it is available on the TmaxSoft web sites. If there are revisions to this Terms of Use, prior notice will be given to members through the sites’ member pages.
• 2. The Terms of Use may be revised from time to time when required by changes to the operation of the TmaxSoft web site or when TmaxSoft deems the need for revision.
• 3. When TmaxSoft revises the Terms of Use, the effective Terms of Use along with the effective date and reason for revision will be available on the TmaxSoft web site. However, when revision entails contents that will affect users, at least 30 days notification will be provided for users before the effective date of the new Terms. TmaxSoft will endeavor to give notice to the users in an easy to understand manner of the changes to the Terms and how it affects users.
• 4. If a member does not agree to the revised Terms of Use, they can request for termination of membership. When provided with the new terms, there will be opt in and opt out options. By clicking the “I agree” button Terms of User, users agree to the revised Terms of Use.

Article 4 [Service use request]

• 1. If users wish to use TmaxSoft’s member services, they must provide information requested by TmaxSoft for the membership registration.
• 2. All user information users provide us for membership registration process is treated as real data. If a user provides incorrect information in given, they might be forfeiting their legal rights and may be restricted on the use of the services.

Article 5 [Establishing service usage contract]

The service usage contract grants general membership when the user has agreed to the Terms of Use and requested registration. Customers and Partner member registrations will be authenticated before activating their online account. When this process is successfully completed, the user will be notified of their membership activation.

Article 6 [Denial of request approval]

TmaxSoft can delay or refuse approval of membership for the customer or partner members if any of the following criteria apply.

• ① If membership application is done through a 3rd party
• ② If any of the required fields contain incorrect information
• ③ If the TmaxSoft site web server is experiencing limited capacity
• ④ If the user’s approval to the Terms of Use is denied through user’s error
• ⑤ If the user fails to meet the conditions for use set by TmaxSoft

Article 7 [Service use domain]

Members registered to the TmaxSoft web site can use the web sites of the respective foreign operations of TmaxSoft by applying through email.

Article 8 [Provided services]

TmaxSoft will post a notice or send email informing members if there are any changes to the user information required to use the services.

Article 9 [Member postings]

TmaxSoft may delete any content authored by members without prior notice on the basisi of any of the following criteria

• 1. If the content’s purpose is to defame a third party or other members
• 2. If the content violates public order
• 3. If the content is deemed to be an illegal act
• 4. If the content violates the copyright of TmaxSoft, or third party
• 5. If the content is adult content or links to adult content
• 6. If the content has the potential to infringe negatively on TmaxSoft’s profit

Article 10 [Service use period]

• 1. Use of service, in principle, is available 24 hours a day. TmaxSoft will notify times scheduled for service improvement and server maintenance.
• 2. TmaxSoft may allocate certain domains of the service to set different times for use. In such case, TmaxSoft will post a prior in accordance to the Article 3 Clause 1.

Article 11 [Limitation and responsibility of service use]

Members cannot use TmaxSoft services for personal sales activity of a product unless TmaxSoft has given a written agreement. Especially, members cannot perform commercial acts, illegal distribution of content and such through hacking, money making, advertisement, or adult sites. Loss or forfeit of property and legal measures arising from violating this is outside of TmaxSoft’s responsibility.

Article 12 [Limitation of providing service]

• 1. TmaxSoft may restrict oor stop part or the whole service in either of the following cases.
  • ① If there is maintenance or work on any components related to providing the service
  • ② Failure by 3rd parties responsible for electronic distribution of the service
  • ③ In case of national emergency, power outage, failure of service equipments, or heavy load on service causes difficulty in continuing normal operation
  • ④ Other events out of TmaxSoft’s control arise that are deemed to reduce the service experience.
• 2. When TmaxSoft has restricted or stopped the use of the services, members will be notified immediately of the reason and expected duration of the service downtime in accordance with Article 3, Clause 3.

Article 13 [Responsibility of TmaxSoft]

• 1. Unless a special reason is available, TmaxSoft will allow the use of services to its member from the moment of registration.
• 2. TmaxSoft will continuously strive to provide stable services in accordance to this Terms of Use. When equipment failures occur, TmaxSoft will be responsible for restoring service as soon as possible. However, in cases of natural disasters or other emergency situations, the services may be temporarily or completely stopped.
• 3. If TmaxSoft acts on complaints issued by its members regarding its services, it will process the complaints. However, if prompt processing poses hardship, the reason and the processing schedule will be notified to the members via email or land line communication.
• 4. TmaxSoft observes the contents of this Terms of Use and the service contents in relations to the member’s privacy protection.
• 5. TmaxSoft strives to provide the utmost convenience to the members in contract related processes and contents such as accepting contract of use, and change or termination of contracts.
• 6. TmaxSoft will cooperate fully to the requests of customer protection organization such as data storage and access.
• 7. TmaxSoft will maintain the security system to protect user’s personal information so the members and other users can use the internet service safely.

Article 14 [Personal information policy]

TmaxSoft will adhere to the separately stated Privacy Policy.

Article 15 [Responsibility of members]

• 1. Members should adhere to the regulations, service usage guide, cautions, and other legally stated processes and contents by TmaxSoft stated in this Terms of Use, and members must not perform any act that will disrupt the operation of TmaxSoft.
• 2. Members should be careful with managing the email and password given to them, so unlawful use does not occur. Unless TmaxSoft claims responsibility, a member’s email and password and the responsibility to manage them are entirely up to the member.
• 3. When a member discovers that his email or password has been unlawfully used, he/she must report to the TmaxSoft web site immediately, and unless there is fault attributable too TmaxSoft, all results arising from not reporting are entirely up to the member.
• 4. Members must not undertake commercial activity through TmaxSoft’s services without prior agreement by TmaxSoft. TmaxSoft is not responsible for the result of any such commercial activity that violates the Terms of Use by the member. When loss due to such commercial activity affects TmaxSoft, the member is obligated to pay for the losses to TmaxSoft
• 5. If members performed any of the following acts in relation to the Terms of Use, TmaxSoft can restrict or terminate the service use contract of the member. However, when TmaxSoft restricts of terminates one’s membership, the member will be notified of it beforehand to provide room to explain themselves, before membership is cancelled
  • ① Inappropriate use of other member’s email and password
  • ② Any act duplicating or providing contents acquired from the use of the services to a third party for use in publication, distribution, commercial use without prior agreement from TmaxSoft
  • ③ Any act posting contents that trespass on other’s patent, brand, confidential information, copyright or other intellectual property, or distributing such to others
  • ④ Any act distributing via transmitting/posting/emailing of information/diagram/figures of adult/illegal contents that violate public order
  • ⑤ Any act distributing to others information that can violate other’s privacy due to its insulting or threatening nature via transmission/posting/email or any other methods
  • ⑥ Any act objectively deemed to be in association with crime
  • ⑦ Any act collecting and/or storing personal information of members without agreement from TmaxSoft
  • ⑧ Any act disrupting other’s use of TmaxSoft services, or other acts that threatens the TmaxSoft services or other electronic transaction regulation such as embezzlement of such information

Article 16 [Authority of users]

• 1. Users, non-members, general members, purchase members, and partner members, are given different authorization when using the contents of the web site.
• 2. Non-members can view the contents provided by the web site. However, some contents may not be accessible since each member level has different services available. For example, it may be possible that some files provided by the Resources service may not be possible to download.
• 3. General members can view all contents provided by the web site. However, some contents may be provided only to customer members or partner members. This member contains the authority of a non member.
• 4. Customer members can view all contents provided by the web site. However, some contents may be available only to partner members. This member contains the authority of a general member. Also, additional files related to the purchased product may be available to download.
• 5. Partner members can view all contents provided by the web site. However, some contents may be available only to customer members. This member contains the authority of a general member.
• 6. For authority of users possible for each service, refer to the FAQ.

Article 17 [Modification of personal information]

• 1. Members can view and modify their personal information at any time via the My Page section.
• 2. Members should update the information given at the time of membership registration or agreeing to the paid service usage contract when changes occur. Any problem resulting due to out-of-date personal information of the member information is the responsibility of the member. Especially, if there are changes in the following entries, personal information should be updated accurately via My Page. ☞ email, contact number

Article 18 [Termination]

• 1. When members wish to terminate the service use contract (hereafter membership termination), they must access the TmaxSoft web site and request for termination of the service use.
• 2. TmaxSoft will restrict the use of services immediately if the termination request is accepted in accordance to Article 1.
• 3. TmaxSoft may restrict membership registration for a period of time for the member whose membership has been terminated.

Article 19 [Range and request for damage compensation]

In the event of a natural disaster or other external uncontrollable causes, TmaxSoft is not responsible for any loss to its services, damage or loss of member data stored on TmaxSoft’s servers caused by said event.

Article 20 [Exceptional clauses]

• 1. TmaxSoft is not responsible for any personal losses resulting from use of services, unless TmaxSoft is shown to be directly liable.
• 2. TmaxSoft does not take responsibility for service failure use resulting from a member’s error in using the services provided.
• 3. TmaxSoft is not responsible for any content members post or transmit through the website.
• 4. TmaxSoft is not in any part responsible for occurrences where the service provided by the TmaxSoft website is used as a medium to trade items between members or with a third party.

Article 21 [Settling disputes]

TmaxSoft and its members will strive to resolve any dispute related to the service peacefully and to the satisfaction of all parties concerned.