TERMS OF USE

Access to and use of this website are subject to these Terms of Use (the “Terms”) and to all applicable laws and regulations.

This website complies with applicable French and European regulations regarding the protection of personal data.

By accessing and browsing this website, you acknowledge that you have read, understood, and accepted these Terms without reservation.

The version of these Terms currently available online is the only enforceable version throughout the period of use of the website and until it is replaced by a new version.

Any user accessing or using the website (the “User”) agrees to comply with these Terms.

1. PURPOSE

The purpose of these Terms is to define the conditions and rules governing access to and use of the website by Users.

2. LEGAL INFORMATION

2.1 Website Owner and Publisher

Website: https://www.lattilio-portbourgenay.com/

Publisher:
BEN TOUCH DIGITAL, a French limited liability company (SARL) with a share capital of €10,000, having its registered office at:

5 rue Gutenberg
49130 Les Ponts-de-Cé
France

Registered with the Angers Trade and Companies Register under number 835 194 788.

Represented by its Managing Director, Mr. Bunyamin ERISOGLU.

Publication Director:
BEN TOUCH DIGITAL, represented by Mr. Bunyamin ERISOGLU.

Hosting Provider:
Vercel Inc.
440 N Barranca Ave #4133
Covina, CA 91723
United States

3. ACCESS TO THE WEBSITE

3.1 General Provisions

Access to the website is restricted to individuals who have reached the age of majority.

The Publisher reserves the right to request proof of age from any User at any time.

Access to and use of the website are strictly limited to personal use. Users agree not to use the website or any information contained therein for commercial, political, promotional, or advertising purposes, including the sending of unsolicited communications or emails.

Users acknowledge that the Publisher may, at its sole discretion and without prior notice, modify, suspend, or permanently discontinue all or part of the website and its services at any time.

3.2 Technical Requirements

Users are solely responsible for obtaining and maintaining any smartphone, tablet, computer, operating system, browser, software, hardware, or other equipment (the “Equipment”) necessary to access and use the website.

Users are responsible for:

• Securing their Equipment;

• Maintaining a valid internet connection through a provider of their choice;

• Ensuring that their use of the internet complies with all applicable laws and regulations.

The quality and availability of the website’s services may be affected if unsuitable Equipment is used.

All costs associated with internet access, telecommunications services, and Equipment remain the sole responsibility of the User.

4. ADVERTISING

The Publisher reserves the right to display advertising, promotional messages, or sponsored content anywhere on the website.

5. USER OBLIGATIONS

When using the website, Users agree not to:

• Disrupt or interfere with the operation of the website or any servers or networks connected to it;

• Attempt to probe, scan, test, or breach the vulnerability of any system or network, or circumvent any security or authentication measures without authorization;

• Attempt to gain unauthorized access to data, servers, systems, or personal areas that are not intended for them;

• Engage in automated data scraping, harvesting, extraction, or collection activities;

• Impersonate any individual or entity;

• Engage in, encourage, or facilitate any unlawful activity or any activity that may infringe the rights of the Publisher, its affiliates, franchisees, resellers, partners, investors, or customers.

Users remain solely responsible for any use of the website that violates these Terms, applicable laws and regulations, or any contractual obligations owed to third parties.

6. RIGHTS AND OBLIGATIONS OF THE PUBLISHER

6.1 Availability

The Publisher undertakes to use reasonable efforts, in accordance with industry standards, to ensure access to and availability of the website twenty-four (24) hours a day, seven (7) days a week.

However, the Publisher does not warrant that:

• The website will be free from errors, defects, or bugs;

• Any identified defects will be corrected;

• The website will operate without interruption or downtime;

• The website will be compatible with all hardware, software, or configurations.

6.2 Updates and Maintenance

The Publisher reserves the right, without notice or compensation, to temporarily suspend access to all or part of the website in order to:

• Perform maintenance operations;

• Carry out updates;

• Modify or replace servers;

• Implement technical improvements;

• Respond to force majeure events or third-party actions.

Where a planned interruption during normal business days is expected to exceed one day, Users will be informed by means of a notice displayed on the website homepage or through any other appropriate communication method.

6.3 Security

The Publisher shall implement reasonable technical and organizational measures, consistent with industry standards and applicable regulations, to protect the website and any personal data processed through it.

7. LIABILITY

The Publisher is bound by an obligation of reasonable means and not by an obligation of guaranteed result.

To the fullest extent permitted by applicable law, the Publisher shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from:

• Interruptions or difficulties in accessing the website caused by electricity providers, telecommunications operators, internet service providers, network congestion, insufficient network coverage, or failures in the User’s own equipment or systems;

• Modifications to the website or its services;

• Errors, defects, bugs, temporary unavailability, or permanent discontinuation of all or part of the website;

• Any use of the website that violates these Terms, applicable laws and regulations, or the rights of third parties.

In no event shall the Publisher be liable for indirect, consequential, or non-material damages of any kind.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Publisher’s Intellectual Property Rights

The website and all of its content are the exclusive property of the Publisher or of third parties who have granted the Publisher the right to use such content.

Unless expressly authorized in writing by the Publisher, any reproduction, representation, modification, adaptation, translation, distribution, transmission, publication, or commercial exploitation, in whole or in part, of the website or any of its components is strictly prohibited and may give rise to civil and/or criminal liability.

Users shall not reproduce, copy, distribute, or otherwise exploit any portion of the website or its documentation without the Publisher’s prior written consent.

All content available on or through the website, including but not limited to:

• Graphics;

• Images;

• Photographs;

• Illustrations;

• Maps;

• Logos;

• Trade names;

• Trademarks;

• Layouts;

• Tables;

• Charts;

• Texts;

• Databases;

• Software;

• Applications;

• Documentation;

is protected by applicable intellectual property laws and remains the exclusive property of the Publisher or its licensors.

Any unauthorized use of such content may constitute an infringement of intellectual property rights and may result in legal proceedings.

8.2 Hyperlinks and External Sources

The creation of links to the website and, more generally, any use of elements comprising the website shall be subject to the Publisher’s prior written authorization.

Such authorization may be revoked at any time at the Publisher’s sole discretion.

The Publisher reserves the right to request the removal of any unauthorized link to the website and to seek compensation for any damages resulting therefrom.

9. PRIVACY AND PERSONAL DATA

The Publisher places great importance on the privacy of its Users and on the protection of their personal data (“Personal Data”).

This Privacy Policy explains how Personal Data is collected, processed, and protected when Users access and use the website.

Personal Data is processed in accordance with:

• French Data Protection Act No. 78-17 of 6 January 1978, as amended;

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – “GDPR”).

Users may exercise their rights by contacting the Publisher at:

direction-talmont@lattilio.com

9.1 Data Controller

Personal Data collected through the website is processed by the Publisher acting as Data Controller.

By using the website, Users expressly consent to the collection and processing of Personal Data in accordance with this Privacy Policy.

9.1.1 Categories of Personal Data Collected

The Publisher may collect and process the following categories of Personal Data, including but not limited to:

• First name and last name;

• Email address;

• Telephone number;

• Postal address;

• IP address;

• Connection and browsing data.

Users are informed that IP addresses are systematically anonymized before being transmitted to Google Analytics.

9.1.2 Purposes of Processing

Personal Data is processed exclusively for the following purposes:

• Performance or preparation of a contractual relationship with the User;

• Operation and administration of the website;

• Improvement of website performance and user experience;

• Communication of information relating to the website;

• Marketing and commercial communications;

• Management and fulfillment of reservations made by Users.

Users may withdraw their consent at any time by requesting the closure of their account.

Unless otherwise required by law or regulation, account closure will result in the termination of processing activities and the permanent deletion of all associated personal and technical data.

9.1.3 Recipients of Personal Data

Personal Data collected through the website may be processed:

• Within the website itself;

• Through customer relationship management (CRM) tools connected to the website and operated by the Publisher.

The Publisher may also disclose Personal Data where required by law or in response to requests from governmental, judicial, or regulatory authorities.

Where legally permitted, the affected User will be informed before such disclosure takes place.

Except as expressly provided herein, the Publisher does not sell, rent, or otherwise transfer Personal Data to third parties.

9.1.4 Data Retention Period

Personal Data shall not be retained longer than necessary for the purposes for which it was collected.

Unless a longer retention period is required by law, Personal Data will be retained:

• Throughout the duration of the commercial relationship; and

• For two (2) years following the termination of that relationship.

9.1.5 User Rights

In accordance with Articles 12 to 23 of the GDPR, Users have the right to:

• Access their Personal Data;

• Rectify inaccurate data;

• Request data portability;

• Request erasure of their Personal Data;

• Restrict processing;

• Object to processing activities.

Users may exercise these rights by contacting:

Email: direction-talmont@lattilio.com

Postal Address:
BEN TOUCH DIGITAL
5 rue Gutenberg
49130 Les Ponts-de-Cé
France

If a User believes that their rights have not been respected, they may lodge a complaint with the French Data Protection Authority (CNIL):

Website: https://www.cnil.fr

Postal Address:
CNIL
3 Place de Fontenoy
TSA 80715
75334 Paris Cedex 07
France

9.1.6 Cookies

A cookie is a small text file stored on a User’s device that records information relating to activity on the website.

Cookies may be used to:

• Maintain user sessions;

• Store user preferences;

• Improve website functionality;

• Measure website traffic and performance.

Refusing cookies may adversely affect certain functionalities of the website.

Cookie Consent Tracking

Purpose: Recording cookie consent

Data Category: Cookie

Retention Period: 12 months

Legal Basis: Required for GDPR compliance

Interface Personalization

Purpose: Adapting website display to the User’s device and screen settings

Data Category: Cookies

Retention Period: Session duration

Legal Basis: Necessary for website functionality

Audience Measurement and Service Improvement

Purpose: Website analytics through Google Analytics

Third-Party Recipient: Google LLC (United States)

Data Category: Cookies

Retention Period: Up to 13 months

Legal Basis: User consent

15. PUBLISHER COMMITMENTS

The Publisher undertakes to comply with all applicable laws and regulations relating to the protection of Personal Data, including the French Data Protection Act and the GDPR.

16. NOTICES

Any notice exchanged between the User and the Publisher shall be deemed valid only if sent by registered mail with acknowledgment of receipt to the following addresses:

Publisher:

BEN TOUCH DIGITAL
5 rue Gutenberg
49130 Les Ponts-de-Cé
France

User:

The postal address associated with the User’s account.

17. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of France.

Any dispute relating to the validity, interpretation, performance, or enforcement of these Terms shall fall within the exclusive jurisdiction of the courts located within the jurisdiction of the Angers Court of Appeal, France.