LEGAL NOTICE

LEGAL NOTICE

1. Website publisher

The websites www.somlys.com, www.treeland-outoor.com and www.somlys-dog.com are published by:

NELSON MARK FOREST
Simplified joint-stock company — SAS
Share capital: €120,000
Registered office: ZI de Courtine, 177 rue Michel Cazaux, 84000 Avignon, France
Registered with the Avignon Trade and Companies Register under number 353 328 636
SIREN: 353 328 636
Intra-community VAT number: FR87353328636
Telephone: +33 (0)4 32 76 34 16
Email: contact@somlys.com

Publication director: Nicolas LABROT
Editorial manager: NELSON MARK FOREST

The website is intended exclusively to present the product range to end consumers, while use of the online store is reserved for professional customers, retailers, distributors and commercial partners of NELSON MARK FOREST. The online store is not intended for end consumers.

2. Hosting

The website is hosted by:

Ecomiz
Address: 39 rue de Jouy, 77970 Bannost, France
Telephone: +33 (0)805 69 00 91

3. Website design / development

Website designed and/or maintained by:

Ecomiz
Address: 39 rue de Jouy, 77970 Bannost, France
Telephone: +33 (0)805 69 00 91

WEBSITE TERMS OF USE

4. Purpose of the website

The website allows authorised professional customers to access information relating to the brands, products, collections, catalogues, prices, availability, orders or services offered by NELSON MARK FOREST.

Access to certain sections may be reserved for retailer customers with a professional account validated by NELSON MARK FOREST.

5. Access reserved for professionals

The user declares that they are accessing the website as part of their professional activity.

NELSON MARK FOREST reserves the right to refuse, suspend or delete access to the website or to the professional area in the event of non-compliant use, an inactive account, inaccurate information, termination of the commercial relationship or breach of these terms.

Login credentials and passwords are personal, confidential and remain under the responsibility of the user. Any use of the account is presumed to have been carried out by its holder, unless proven otherwise.

6. Information published on the website

NELSON MARK FOREST makes every effort to ensure the accuracy and updating of the information published on the website. However, information, visuals, descriptions, availability, prices and product characteristics are provided for information purposes only and may be modified at any time.

Commercial documents, catalogues, price lists or materials accessible on the website do not constitute a firm and definitive offer, unless expressly stated otherwise.

7. Website availability

NELSON MARK FOREST uses reasonable means to ensure access to the website. Access may nevertheless be suspended, limited or interrupted, in particular for maintenance, updates, security reasons, technical incidents, force majeure or events beyond its control.

NELSON MARK FOREST cannot be held liable for interruptions, anomalies, data loss, display errors or malfunctions related to the internet network, the user’s equipment or any external event.

8. Intellectual property

The website, its structure, texts, photographs, illustrations, logos, trademarks, catalogues, product sheets, databases, graphic elements, videos, commercial documents and any other content are protected by intellectual property law.

The SOMLYS, TREELAND and SOMLYS DOG trademarks, associated logos and content published on the website are the property of NELSON MARK FOREST or are subject to rights of use.

Any reproduction, representation, adaptation, extraction, distribution or exploitation, in whole or in part, of the website or its content, without the prior written authorisation of NELSON MARK FOREST, is prohibited, except where strictly necessary for the commercial relationship between NELSON MARK FOREST and the authorised retailer.

Materials made available to retailers may be used solely for the promotion and marketing of NELSON MARK FOREST products, in compliance with the brand image and any instructions provided.

9. Hyperlinks

The creation of links to the website is subject to the prior approval of NELSON MARK FOREST.

NELSON MARK FOREST declines all responsibility for third-party websites to which the website may link.

PERSONAL DATA

10. Data controller

Personal data collected via the website is processed by:

NELSON MARK FOREST
ZI de Courtine, 177 rue Michel Cazaux
84000 Avignon, France
Email: contact@somlys.com

NELSON MARK FOREST acts as data controller for processing related to the management of the website, professional accounts, contact requests, orders, commercial relations and B2B prospecting.

11. Data collected

Depending on the use of the website, NELSON MARK FOREST may process the following data:

  • professional identity: surname, first name, job title;

  • professional contact details: email, telephone number, company address;

  • company-related information: company name, SIRET/SIREN number, address, sector, distribution network;

  • account data: username, login history, account settings;

  • commercial data: requests, orders, quotations, exchanges, customer history;

  • browsing data: IP address, logs, pages viewed, cookies and trackers according to the choices expressed.

12. Purposes and legal bases

The data is processed for the following purposes:

Purpose Legal basis
Creation and management of a retailer account Performance of pre-contractual or contractual measures
Management of orders, quotations, deliveries and commercial relations Performance of the contract or legitimate interest
Response to contact requests Legitimate interest or pre-contractual measures
Website security and prevention of unauthorised access Legitimate interest
Compliance with accounting, tax and legal obligations Legal obligation
B2B commercial prospecting Legitimate interest, with right to object
Audience measurement and website improvement Consent where required

13. Data recipients

The data is intended for authorised internal departments of NELSON MARK FOREST: sales, sales administration, accounting, marketing, customer service and IT.

It may also be transmitted, where necessary, to technical service providers, hosting providers, IT service providers, carriers, payment service providers, commercial management tools, accounting or legal advisers.

Subcontractors acting on behalf of NELSON MARK FOREST must provide sufficient guarantees in terms of security and GDPR compliance. The CNIL states that processing entrusted to a subcontractor must be governed by a contract.

14. Data retention periods

Data is retained for a period proportionate to the purposes pursued, including:

Category Indicative retention period
Active retailer account Duration of the commercial relationship
Data relating to orders/invoices Applicable statutory accounting and tax retention period
B2B commercial prospecting Until objection or for a reasonable period after the last active contact
Security logs Period strictly necessary for website security
Cookies According to their nature and the user’s choices

These periods must be specified in your internal GDPR register according to the actual tools used.

15. Rights of individuals

In accordance with applicable regulations, the individuals concerned have, where applicable, the right to access, rectify, erase, object to, restrict the processing of and request the portability of their data.

These rights may be exercised by writing to:

NELSON MARK FOREST
ZI de Courtine, 177 rue Michel Cazaux
84000 Avignon — France
Email: contact@somlys.com

Proof of identity may only be requested in the event of reasonable doubt as to the identity of the applicant.

The individuals concerned also have the right to lodge a complaint with the CNIL.

16. Security

NELSON MARK FOREST implements appropriate technical and organisational measures to protect personal data against loss, unauthorised access, disclosure, alteration or destruction.

However, the user acknowledges that the transmission of information over the internet cannot be guaranteed as completely secure.

COOKIES AND TRACKERS

17. Use of cookies

The website may use cookies or trackers for the following purposes:

  • ensuring the technical operation of the website;

  • enabling access to the professional area;

  • remembering browsing preferences;

  • measuring website traffic;

  • improving the content and services offered;

  • where applicable, providing adapted content or communications.

Cookies that are strictly necessary for the operation of the website may be placed without consent. Non-exempt audience measurement cookies, advertising cookies or cookies linked to third-party services require the user’s prior consent.

18. Consent management

During their first visit, the user is invited to accept, refuse or configure non-essential cookies.

The user may modify their choices at any time via the cookie management module available on the website.

Refusing non-essential cookies does not prevent access to the website. However, refusing or deleting cookies that are strictly necessary may impair or prevent the use of certain features, in particular access to the professional account.

19. Third-party cookies

When the website uses third-party services, such as audience measurement tools, videos, interactive maps, social networks or marketing services, these services may place their own cookies, subject to the user’s consent where required.

To be completed according to your actual tools: Google Analytics 4, Matomo, YouTube, Meta, LinkedIn, Google Maps, CRM, emailing tools, etc.

GOVERNING LAW — DISPUTES

These legal notices and terms of use are governed by French law.

In the event of a dispute relating to the use of the website or to the commercial relationship between professionals, and unless otherwise required by mandatory legal provisions, exclusive jurisdiction is granted to the competent courts within the jurisdiction of Avignon.