Digital Winery Terms of Service and Privacy Policy
Terms of Service
1. Legal information of the company
1.1 About Qualist and Digital Winery
Product: Digital Winery
Owner: Qualist AG
Address: Technoparkstrasse 2, 8406 Winterthur, Switzerland
Email: info@digitalwinery.ch
Website: https://www.digitalwinery.ch
Digital Winery website at the domain https://digitalwinery.ch and any of its subdomains (“WEBSITE”), as well as the Digital Winery mobile application (“APP”) belongs to Qualist AG (“QUALIST”). All the content, design, and technological development are their private property. QUALIST has the right to demand damages of any the impact, plagiarism, theft or any other illegal activity on their intellectual property.

1.2. Corporate purpose

APP is intended for users of QUALIST B2B customers (“CUSTOMER”) and allow the USERS to digitalise their winery business operations by efficiently capturing, displaying and managing various data.

The WEBSITE allows USERS to find information about the app.

2. Terms of Use

By accessing the APP or the WEBSITE, you (“USER”) are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this APP. The materials contained in this website are protected by applicable copyright and trademark law.

Permission is granted to temporarily download one copy of the materials (information or software) on WEBSITE for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on QUALIST’s APP;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by QUALIST at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on QUALIST’s APP are provided on an ‘as is’ basis. QUALIST makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, QUALIST does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its APP or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall QUALIST or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on QUALIST’s APP, even if QUALIST or a QUALIST authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials
The materials appearing on QUALIST’s WEBSITE or APP could include technical, typographical, or photographic errors. QUALIST does not warrant that any of the materials on its website are accurate, complete or current. QUALIST may make changes to the materials contained on its website at any time without notice. However QUALIST does not make any commitment to update the materials.

6. Links
The APP or the WEBSITE may contain external links, and QUALIST has not reviewed all of the sites linked, and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by QUALIST of the site. Use of any such linked website is at the user’s own risk.

7. Modifications
QUALIST may revise these terms of service for its website at any time without notice. By using this APP or WEBSITE you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Winterthur Switzerland and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Privacy Policy

The access and use of WEBSITE and APP by USERS implies the acceptance of this Privacy policy and protection of personal data. If the USERS don’t agree with this ‘Privacy policy and protection of personal data’ they must refrain from accessing APP and WEBSITE, just like using their services and content.

Your privacy is important to us.

It is QUALIST’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

1. Data provided by users

The access and use of the content and services of WEBSITE and APP requires the registration of the users by the CUSTOMER, either directly through a registration page, or through submitting a written request to approved representatives of QUALIST. The USERS have to provide their data (name, email, password) during the registration process, or have to give QUALIST consent through the CUSTOMER to use their previously stored credentials for another QUALIST product.

The access and use of APP requires the download of the app at Google Play or App Store, or visiting the APP through its web address. This process is for free. In order to use the authorized sections included in the APP, the USERS will have to complete the login process including their email and password.

The QR code scanning mode (“VISUAL MODE”) of the APP requires the use of mobile device camera, and DigitalWinery Target Images related with the CUSTOMER account at QUALIST to come into the view of the camera in order to operate. When in Visual Mode, APP may share location, visual identification and camera screenshots of the environment to improve and provide data services to the USERS. USERS can hinder the access to the camera or location services by the APP, but they won’t have access to all the features of the APP in this case.

2. Data stored

The data provided by the USERS will be stored in an individual database which belongs to QUALIST.

The data related with the use of the APP may be automatically collected by the system. This information can be associated with the USERS and CUSTOMER. At no time the data will be shared with third partners. The information will be used in order to guarantee the proper app operation and improve the service offered to the USERS.

QUALIST guarantees to the USERS the rights of access, rectification, erasure or objection of the data included on these bases. QUALIST commits to preserve data confidentiality and to use them just for purposes related with WEBSITE and APP.

For exercising the rights of access, rectification, erasure and objection, USERS have to contact QUALIST on info@digitalwinery.ch

3. Cookies

WEBSITE uses ‘COOKIES’, small files stored by your browser when the USERS surf the web. These files improve the USERS’ experience, collect statistics and offer content according to the USERS likes.

In any case, the COOKIES used in this website are temporary with the sole objective of making transmission of data easier, so they disappear when the user ends the session, and will never be used for collecting personal information.

WEBSITE may use GOOGLE ANALYTICS, an analytic service from Google, Inc. The COOKIE information is stored by Google for developing of usability reports which allows improving the services and content of WEBSITE.

The USERS can reject the use of COOKIES on the changing the setting of a web browser but they won’t have access to all the services of WEBSITE. The use of WEBSITE without changes on the browser supposes the acceptation of this cookie’s policy.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. QUALIST may change this privacy policy from time to time at QUALIST’s sole discretion.