CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)
The purpose of this arrangement is to prescribe the matters concerning the terms and conditions as well as the procedures of accessing and using the Web Services(hereinafter referred to as the "Services") of the Vital DB User Forum as provided by Vital DB (hereinafter referred to as the "Institute").

Article 2 (Definitions of Terms)
The definitions of terms used in this arrangement shall be as follows:
1. The term "member" means a person who makes an agreement on the use of the Services with the Institute and is granted an identification number by dint thereof;
2. The term "identification number(ID)" means such a combination of English alphabets and Arabic numerals as the Institute, at the request of a member, grants him/her so as to identify him/her thereby;
3. The term "password" means such a combination of English alphabets and Arabic numerals as the Institute, at the request of a member, grants him/her in order to ascertain whether he/she is entitled to any identification number and to protect the confidentiality of his/her personal information.

Article 3 (Effect and Modification of Arrangement)
(1) For any member, this arrangement shall become effective at the time when he/she expresses his/her consent to the terms and conditions of this arrangement.
(2) The Institute may, if deemed necessary, modify any provisons of this arrangement, which shall take effect by being notified to the members at https://vitaldb.net or by other means.
(3) If any member is not willing to consent to any modification, he/she may cease to use the Services and terminate the agreement on the use of the Services: Provided, That if he/she continues to use the Services until after any modification takes effect, he/she shall be deemed to consent thereto.

Article 4 (Applicable Rules Other Than Arrangement)
Such matters as not prescribed by this arrangement or related Acts and subordinate statutes of Korea shall be governed by the general rules of law such as sound transaction practices and good faith.

Article 5 (Protection of Personal Information of Member)
(1) The Institute shall neither disclose or distribute any personal information of a member which, in relation to the provision of the Services, comes to its knowledge to other persons without his consent, nor use such information for any commercial purpose: Provided, That the same shall not apply -
1. if such information is required by any competent agency for criminal investigation under relevant Acts and subordinate statutes of Korea;
2. if such information is required by the Information Communication Ethics Committee; or
3. if such information is required pursuant to such procedures as prescribed by relevant Acts and subordinate statutes of Korea.
(2) The Institute may, without impairing the provisions of paragraph (1), prepare and use statistics concerning the personal information of all or part of the members to the extent as related to the performance of its business.

CHAPTER II AGREEMENT ON USE OF SERVICES

Article 6 (Establishment of Agreement)
(1) Agreements on the use of the Services shall be made with respect to the respective identification numbers, in which corresponding members' real names as entered in their resident registration cards shall be clarified: Provided, That in case a juristic person or any other similar organization makes an en bloc agreement separately, the identification number which is granted to such juristic person or organization may be used commonly by the persons who are authorized by it.
(2) An agreement on the use of the Services shall be established at the time when the Institute accepts an offer of a person(including a juristic person or similar organization) who intends to use the Services.
(3) Immediately after an agreement on the use of the Services is established, the Institute shall, by e-mail or any other means, notify the relevant persons of their identification numbers and other matters as deemed necessary.

Article 7 (Offer of Use)
An offer of use shall be made by entering the following matters in an application for admission on-line or by any other means as determined by the Institute:
1. Identification number;
2. Password;
3. Name or trade name;
4. E-mail address;
5. Name of Institute

Article 8 (Acceptance of Offer of Use)
(1) The Institute shall deal with offers of use under Article 7 in order of receipt, if not any special reason to the contrary.
(2) The acceptance of an offer of use may be reserved if -
1. the capacity for the Services falls short;
2. there might exist any technical impediment in the provision of the Services; or
3. there exists any other reason connected to any business of the Institute which makes it impossible to provide the Services.
(3) An offer of use may be refused if -
1. the requirements under Article 7 are not satisfied;
2. such matters as prescribed in subparagraphs 3 through 7 of Article 7 are incompletely or falsely entered;
3. a minor, or a quasi-incompetent, incompetent or bankrupt who has been declared by court and still remains not reinstated makes an offer; or
4. any good morals or social order is violated.

Article 9 (Correction of Entered Matters)
If any matter as entered under Article 7 is altered, a member shall, without delay, correct it on-line or by any other means as determined by the Institute.

Article 10 (Alteration of Identification Number)
If an identification number falls under any of the following subparagraphs, it may be altered at the request of the Institute or if any offer of the relevant member is accepted by the Institute:
1. In case it is liable to be stealingly used by other persons who are not entitled thereto or a member's privacy is liable to be violated because it is registered by using his/her telephone number or resident registration number;
2. In case it gives any aversion to other persons; or
3. In case the Institute gives public notice of the total alteration of the current system for identification numbers, for which there exists any reasonable ground.

CHAPTER III OBLIGATION OF PARTIES

Article 11 (Obligation of Institute)
(1) The Institute shall, in accordance with this arrangement, make efforts to provide the Services on an uninterrupted and stable basis, and shall repair and restore any equipment without delay, if any malfunction or destruction occurs to it.
(2) The Institute shall, if altering or adding any content of the Services, give public notice of its substantials to the members at https://vitaldb.net.
(3) The Institute shall not disclose or distribute any such information on a member, as comes to its knowledge in the course of the provision of the Services, to other persons without his/her consent: Provided, That the same shall not apply to cases as prescribed by any Act.

Article 12 (Obligation of Member)
(1) A member shall comply with the related Acts and subordinate statutes of Korea, this arrangement, and the guidances and notices, etc. concerning the use of the Services as notified by the Institute, and shall not interfere with the businesses of the Institute.
(2) A member shall be responsible not to have his/her identification number and password used by any other person who is not entitled thereto.
(3) It shall not be permitted that a member involves any of the following acts:
1. Using the Services for profit;
2. Having any other person use his/her identification number;
3. Transferring, assigning or mortgaging any right or duty in relation to the use of the Services; and
4. Other acts of violating the sound transaction order or related Acts and subordinate statutes of Korea.

CHAPTER IV USE AND PROVISION OF SERVICES

Article 13 (Contents of Services)
The Services shall be those by which the contents of all the Acts and subordinate statutes that are contained in the English version of the Statutes of the Republic of Korea are provided by such means as prescribed by this arrangement.

Article 14 (Suspension of Provision of Services)
(1) The Institute may suspend the provision of the Services -
1. in case that it is inevitable to maintain or repair any equipment for the Services;
2. in case that the relevant facilities-based telecommunications business operator as prescribed in the Telecommunications Business Act suspends the provision of his telecommunications service; or
3. in case of force majeure.
(2) The Institute may suspend the provision of all or part of the Services if there exists any obstacle to the normal use thereof in case of a national emergency, power failure, trouble in any Services equipment or congestion of the Services uses.

CHAPTER V TERMINATION OF AGREEMENT

Article 15 (Termination of Agreement)
(1) If a member intends to terminate the agreement on the use of the Services, he/she shall notify the Institute by e-mail or by any such means as designated by it.
(2) The Institute may, without giving any notice in advance, terminate the agreement on the use of the Services and suspend the provision of the Services, if -
1. a member violates Article 12;
2. a member intentionally slanders the Institute or commits any other act which constitutes the interference with the provision of the Services; or
3. a member acts contrary to good morals or public order.

CHAPTER VI COMPENSATION FOR DAMAGE AND OTHER MATTERS

Article 16 (Compensation for Damage)
(1) The Institute shall not be liable for any damage to a member caused by the provision of the Services itself.
(2) The Institute shall not be liable for any loss of such profits as a member expects the use of the Services to yield as well as for any damage caused by any information which he/she obtains by using the Services.

Article 17 (Exemptions)
(1) The Institute shall not be liable for any difficulty in the use of the Services which is attributable to the relevant member.
(2) If it is impossible for the Institute to provide the Services due to any natural disaster or force majeure equivalent thereto, it shall be exempted from all the liabilities related to the provision of the Services.

Article 18 (Competent Court)
The competent court in the place where the Institute is located shall have jurisdiction over all disputes occurring from or in relation to the use of the Services.

DATA USE AGREEMENT

1. Objective
This Agreement (hereinafter referred to as the "Agreement") is made in accordance with Article 18 (2) 4 of the Personal Information Protection Act and Article 16 (3) of the Bioethics Act of Korea, and the Health Insurance Portability and Accountability Act of 1996 (HIPPA) Regulation 45 CFR Part 160 and Part 164. This agreement is intended to specify the details necessary to allow the access of data users (hereinafter referred to as the "User") to the limited data set (hereinafter referred to as the "Data") provided by the VitalDB team (hereinafter referred to as the "Provider").

2. Terms
Unless otherwise specified, the definition of terms used in this Agreement shall be governed by the Personal Information Protection Law of the Republic of Korea and the United States HIPPA regulations.

3. License
Users are permitted to use dataset from the Provider website subject to our terms of use.
The dataset will be released to Users under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) license. This license type has been applied to the VitalDB Open Dataset in order to maximize the dissemination and use of the Data.

4. Provider's obligation
The provider prepares and presents the Data to the User. The following unique personal identifier and Protected Health Information (PHI) are removed from the Data provided:
Name (including Chinese characters and full name), address, unique identifiers (resident registration number, passport number, foreigner registration number, driver's license number, medical record number, health insurance number, social welfare number, soldier’s serial number, business registration number), time (date of birth, anniversary, date of death, date of certification, date of hospital admission, date of discharge, date of operation, etc.), telephone number (mobile phone number, home phone number, work phone number, fax number), e-mail address, homepage address, account number, card number, various certificates and license numbers, biometric information (fingerprint, voice, iris, etc.),

5. User's obligation
1) The User can use the Data for research and development purposes.
2) The User must not disclose the Data to anyone who is not hired to the User without the consent of provider. If the User wishes to disclose the Data to his or her employee, the User must document the contract applying the same restrictions and conditions as those applied to him/herself to the employee, and have all legal responsibility for the use of the Data.
3) The User must not use or disclose the Data beyond the scope of this Agreement except as required by law.
4) The User must take appropriate security measures to prevent the use or disclosure of Data that is outside the scope of this Agreement.
5) The User must report to the Provider within 24 hours if you use or disclose the Data beyond the scope of this Agreement.
6) The User must not attempt to identify any personal information from the Data.

6. Change of contract
1) The Provider may change this Agreement if there are reasonable grounds, and in this case, the Provider shall post the date and reason for the change to the VitalDB website no later than 14 days prior to the change being applied.
2) Any change of the contract in accordance with paragraph 1 above shall become effective upon the User’s consent. However, if the User does not express the intention of rejection within a certain period of time, the User shall be deemed to have agreed to the revised contract.
3) The User is obliged to periodically check the notice on the VitalDB homepage.
4) The User is responsible for any damage caused by failure to confirm the changes to the Agreement.

7. Termination of contract
1) Unless otherwise specified, the term of this Agreement shall be five years. However, if there is no notice, the contract period is automatically extended.
2) The User may terminate the contract at any time by deleting the provided Data and notifying the Provider of this fact.
3) The Provider may terminate the Agreement at any time by giving notice to the User 30 days prior to termination.
4) The contract is immediately terminated if:
a) The User is found to be in violation of HIPAA, the Personal Information Protection Act, or Bioethics Act.
b) The User violates the laws or regulations of the country or organization to which he/she belongs.
c) The User is presumed to have violated this Agreement in the sole judgment of the Provider.
d) The benefit of the Provider is infringed by the sole judgment of the Provider.

8. Others
1) If the Data becomes no longer available due to related legislative changes, the Provider may limit the use of the Data after 14 days’ notice to the User.
2) Unless otherwise provided in this Agreement, the User’s right is not transferable to any third party.