Legal notice

The website www.tortuelodge.com is published and operated by TORTUE LODGE, a company with share capital of 5000 euros, registered with the Paris Trade and Companies Register (Registre du Commerce et des Sociétés) under SIRET number 97756186900016, with its registered address at 10 ROUTE DE NIBELLE 45530 SURY AUX BOIS.

Definitions

Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code (Code civil), or any legal entity, who visits the Site covered by these general terms and conditions.

Services and Offerings: TORTUE LODGE makes the following available to Clients:

  • Content: all the elements making up the information on the Site, in particular texts – images – videos.
  • Client information: hereinafter referred to as “Information”, meaning all personal data that may be held by www.tortuelodge.com for the management of your account, for client relationship management and for analysis and statistical purposes.

1. Presentation of the website

Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (loi pour la confiance dans l’économie numérique), users of the website www.tortuelodge.com are informed of the identity of the various parties involved in its creation and maintenance:

Owner: TORTUE LODGE – SARL – with share capital of 5000 euros – SIRET 97756186900016 – 10 ROUTE DE NIBELLE 45530 SURY AUX BOIS.

Host: Railway – San Francisco

2. General terms of use of the site and the services offered

The Site is a work of authorship protected by the provisions of the French Intellectual Property Code (Code de la propriété intellectuelle) and applicable international regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.

Use of the site www.tortuelodge.com implies full and complete acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; users of the site www.tortuelodge.com are therefore invited to consult them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by www.tortuelodge.com, which will then endeavour to inform users in advance of the dates and times of the work.

The site www.tortuelodge.com is updated regularly by the development team. Likewise, the legal notice (mentions légales) may be amended at any time: it is nevertheless binding on users, who are invited to refer to it as often as possible in order to read it.

3. Description of the services provided

The purpose of the site www.tortuelodge.com is to provide information about all of the company’s activities.

www.tortuelodge.com endeavours to provide information on the site www.tortuelodge.com that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or failures to update, whether caused by itself or by the third-party partners that provide it with this information.

All information on the site www.tortuelodge.com is given for guidance only and is subject to change. Furthermore, the information on the site www.tortuelodge.com is not exhaustive. It is given subject to any changes made since it was published online.

4. Contractual limitations on technical data

The site uses JavaScript technology.

The website cannot be held responsible for material damage related to use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and an up-to-date, latest-generation browser.

The site www.tortuelodge.com is hosted by a provider within the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)

5. Intellectual property and infringement

TORTUE LODGE owns the intellectual property rights and holds the rights of use for all elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by whatever means or process, is prohibited without the prior written permission of: TORTUE LODGE.

Any unauthorised use of the site or of any of the elements it contains will be considered as infringement (contrefaçon) and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitation of liability

TORTUE LODGE cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the site www.tortuelodge.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or an incompatibility.

Nor can TORTUE LODGE be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from use of the site www.tortuelodge.com.

Interactive areas (the possibility of asking questions in the contact area) are available to users. TORTUE LODGE reserves the right to remove, without prior formal notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions on data protection. Where applicable, TORTUE LODGE also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of racist, abusive, defamatory or pornographic messages, whatever the medium used (text, photograph, etc.).

7. Management of personal data

The Client is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act (Loi Informatique et Libertés) of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).

Parties responsible for the collection of personal data

For Personal Data collected in connection with the creation of the User’s personal account and their browsing on the Site, the controller (responsable du traitement) of the Personal Data is: TORTUE LODGE. www.tortuelodge.com is represented by Jean Dupont, its legal representative

As the controller of the data it collects, www.tortuelodge.com undertakes to comply with the applicable legal provisions. In particular, it is responsible for establishing the purposes of its data processing, providing its prospects and clients, from the moment their consent is collected, with complete information on the processing of their personal data, and maintaining a record of processing activities that reflects reality. Whenever www.tortuelodge.com processes Personal Data, www.tortuelodge.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which www.tortuelodge.com processes it.

8. Right of access, rectification and objection

In accordance with the applicable European regulations, Users of www.tortuelodge.com have the following rights:

  • Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of Users’ data; right to block or erase Users’ personal data (Article 17 GDPR) where it is inaccurate, incomplete, ambiguous or out of date, or where its collection, use, disclosure or storage is prohibited
  • Right to withdraw consent at any time (Article 13-2c GDPR)
  • Right to restriction of processing of Users’ data (Article 18 GDPR)
  • Right to object to the processing of Users’ data (Article 21 GDPR)
  • Right to portability of the data that Users have provided, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
  • Right to determine what happens to Users’ data after their death and to choose to which third party, previously designated by them, www.tortuelodge.com should (or should not) disclose their data

As soon as www.tortuelodge.com becomes aware of the death of a User and in the absence of instructions from them, www.tortuelodge.com undertakes to destroy their data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.

If Users wish to know how www.tortuelodge.com uses their Personal Data, to request its rectification or to object to its processing, they may contact www.tortuelodge.com in writing at the following address:

TORTUE LODGE – DPO, Yulan Nguyen van

10 ROUTE DE NIBELLE 45530 SURY AUX BOIS.

In this case, Users must indicate the Personal Data they would like www.tortuelodge.com to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on www.tortuelodge.com by law, in particular with regard to the retention or archiving of documents. Finally, Users of www.tortuelodge.com may lodge a complaint with the supervisory authorities, in particular the French data protection authority, the CNIL (https://www.cnil.fr/fr/plaintes).

9. Non-disclosure of personal data

www.tortuelodge.com undertakes not to process, host or transfer the Information collected about its Clients to a country outside the European Union or recognised as “not adequate” by the European Commission without first informing the client. However, www.tortuelodge.com remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

www.tortuelodge.com undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information comes to the attention of www.tortuelodge.com, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, www.tortuelodge.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of www.tortuelodge.com and subcontractors (service providers), exclusively for the purposes of this policy.

Within the limits of their respective duties and for the purposes set out above, the main persons likely to have access to the data of Users of www.tortuelodge.com are mainly our customer service staff.

10. Incident notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the users concerned so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to keep our clients fully informed of all matters relating to the security of their account and to provide them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of the site www.tortuelodge.com is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only in the event of the acquisition of www.tortuelodge.com and its rights could such information be passed on to the potential acquirer, who would in turn be bound by the same obligation to store and modify data with respect to the user of the site www.tortuelodge.com.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, www.tortuelodge.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, www.tortuelodge.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

11. Hypertext links, “cookies” and internet tags

The site www.tortuelodge.com contains a number of hypertext links to other sites, set up with the permission of www.tortuelodge.com. However, www.tortuelodge.com is not able to check the content of the sites thus visited and will consequently accept no liability in this respect.

Unless you decide to disable cookies, you accept that the site may use them. You may disable these cookies at any time and free of charge using the deactivation options offered to you and set out below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the site.

11.1. “Cookies”

A “cookie” is a small information file sent to the User’s browser and saved on the User’s device (e.g. computer, smartphone) (hereinafter “Cookies”). This file contains information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies cannot in any way damage the User’s device.

www.tortuelodge.com may process information about the User’s visit to the Site, such as the pages viewed and the searches carried out. This information enables www.tortuelodge.com to improve the content of the Site and the User’s browsing.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User can configure their browser to decide whether or not to accept them, so that Cookies are either saved on the device or, on the contrary, rejected, either systematically or depending on their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them on a case-by-case basis, before a Cookie is likely to be saved on their device. www.tortuelodge.com informs the User that, in this case, not all the functions of their browser software may be available.

If the User refuses to allow Cookies to be saved on their device or browser, or if the User deletes those saved there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when www.tortuelodge.com or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.

Where applicable, www.tortuelodge.com accepts no liability for the consequences of the degraded operation of the Site and of any services offered by www.tortuelodge.com, resulting from (i) the User’s refusal of Cookies or (ii) the impossibility for www.tortuelodge.com to save or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and of the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will explain how the User can change their Cookie preferences.

At any time, the User may choose to express and change their Cookie preferences. www.tortuelodge.com may also use the services of external providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus on the Site of www.tortuelodge.com or in its mobile application, and if the User has accepted the placing of cookies by continuing to browse the Website or mobile application of www.tortuelodge.com, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent to them by continuing to browse the Website or mobile application of www.tortuelodge.com. At any time, however, the User may withdraw their consent to www.tortuelodge.com placing this type of cookie.

11.2. Internet tags

www.tortuelodge.com may occasionally use Internet tags (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in the online advertisements that allow Internet users to access the Site and on the various pages of the Site.

This technology enables www.tortuelodge.com to assess visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User’s use of this Site.

The external provider may collect information about visitors to the Site and other websites using these tags, compile reports on the Site’s activity for www.tortuelodge.com, and provide other services relating to the use of the Site and the Internet.

12. Applicable law and jurisdiction

Any dispute relating to the use of the site www.tortuelodge.com is subject to French law. Except where the law does not permit it, exclusive jurisdiction is conferred on the competent courts of Paris.

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