Privacy Policy and Terms of Service

This Privacy Policy outlines the type of personal information that Grits and Pinecones receives, collects, and uses.  If you are a resident of the European Union, please note that we are located in the United States.  Your information is processed outside the European Economic Area ("EEA").  Regardless of where your personal information is located, the measures we use to protect it are outlined below.

If you have any questions about this Privacy Policy, please contact Sharon Rigsby at sharon@gritsanddpinecones.com or the mailing address under "Who We Are."

Users can link to this Privacy Policy on our home page or, at a minimum, on the first significant page after entering our website.  Our Privacy Policy link includes the word 'Privacy' and can be easily found on the above-mentioned page.  Users will be notified of updates to our Privacy Policy on our Privacy Policy page.

Your privacy is of the utmost importance, and we are guided by these fundamental principles:

• We are considerate of the personal information we ask you to provide and the information we collect.  We collect only what is absolutely necessary.
• Your personal information is stored only if we have reason to keep it.
• We aim for full transparency on how your information is gathered and used.
• We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties.
• Our website is regularly scanned for security holes and known vulnerabilities to ensure your visit is as safe as possible.
• We regularly scan for malware and have an SSL certificate (HTTPS).

WHO WE ARE

Grits and Pinecones is a for-profit food and cooking-related website based in the United States, operated by Sharon Rigsby.  Our physical mailing address is:

• VOLUNTARY USER-PROVIDED INFORMATION

  • BY SUBSCRIBING:  We collect information from you when you subscribe to receive post updates or when you save a recipe which is e-mailed to you.  The information you will be asked to enter is your e-mail address and only what is necessary to provide you with the requested service.  This information is stored in our e-mail manager, Mailerlite which is password-protected and only accessible to us.  You may unsubscribe or update your e-mail preferences at any time.
  • BY COMMENTING:  We collect information when you leave a comment on a post.  Your information is stored in our password-protected WordPress database.
    • When leaving a comment, you will be asked for your name, e-mail address, and website (if any).  Your e-mail address is not published nor can it be viewed publicly.
    • When I respond to your comment or question, I will address you by the information you have made public.
    • Your IP address and browser user agent string are recorded and stored in our password-protected database.  This aids in SPAM detection.  An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service if you use it.  The Gravatar service privacy policy is available here:  Gravatar Privacy Policy.  If you use the Gravatar service, upon approval of your comment, your profile picture is visible to the public in the context of your comment.
    • We use AntiSpam Bee, an automated WordPress plugin to scan comments for SPAM.
    • If you leave a comment or rating, the comment and rating are viewable and public, and the metadata and your IP address are retained indefinitely.
    • If you correspond with us by e-mail, we may retain the content of your e-mail message, your e-mail address, and our response.

• INFORMATION COLLECTED THROUGH COOKIES AND OTHER TECHNOLOGY

  • Grits and Pinecones does not use third-party applications to monitor or track your behavior while using this website.  (We rely on Google Analytics, which is anonymous.  Please see Third-Party Analytics Services below.)
  • If you leave a comment on our site, you may opt-in to save your name, email address, and website in cookies.  These are for your convenience so you do not have to fill in your details again when you leave another comment.  These cookies will last for one year.
  • Articles on this site may include embedded content (e.g. videos, images, articles, etc.).  Embedded content from other websites behaves in the same way as if the visitor has visited the other website.  These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
  • COOKIE OPT-OUT:  You may opt out of all cookies by following the instructions at USA.gov/optout-instructions.

• LOGFILE INFORMATION

  • Your browser automatically reports logfile information each time you access a web page.  The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and the number of clicks to analyze trends, administer the site, track user's movement around the site and gather demographic information.  IP addresses and other such information are not linked to any personally identifiable information.

• THIRD-PARTY ANALYTICS SERVICES

  • Grits and Pinecones uses the third-party analytics services of Google Analytics. The settings for Grits and Pinecones analyze data anonymously.  User and event data is retained for 26 months.  For more information about how Google handles the data and how you may opt out, see How Google Uses Information From Sites or Apps That Use Our Service.

• SOCIAL MEDIA PLATFORMS

  • If you interact with us through a social media platform, you may grant us ongoing access to certain information.  If you do not want a social media platform to collect or share information about you, please refer to the privacy policy and settings of the applicable social media property before using such features on our website.
  • Grits and Pinecones is integrated with the following third-party social media networks where we may receive information about you if you "like," follow, or comment:
    • Facebook
    • X / Twitter
    • Pinterest
    • Flipboard
    • Instagram

HOW WE USE YOUR INFORMATION

We use the personal information you submit or that we collect to operate, maintain, and provide you with our subscription features and commenting functionality.

By providing us with your email address, you acknowledge we may use the e-mail address to send you our subscription-related service or other service-related notices including any notices required by law.  The e-mail is in lieu of communication by postal mail.

If you wish to discontinue receiving such email messages, you may opt-out or change your preferences on the email message at any time.  A link on every e-mail we send allows you the option to unsubscribe.

Your e-mail address will be retained in our password-protected e-mail database for analytics purposes only and you will never receive another e-mail from us.  Please contact sharon@gritsandpinecones.com to have your information permanently deleted.

HOW YOUR INFORMATION IS POTENTIALLY SHARED

• Any personal information you voluntarily disclose when commenting on a post becomes available to the public.
• Except as otherwise described in this Privacy Policy, we will not disclose your personal information to any third party unless required to do so by law or subpoena.
• THROUGH ADVERTISING: CMI Marketing, Inc., d/b/a Raptive ("Raptive") is a service provider of this Site for the purposes of placing advertising on the Site, and Raptive will collect and use certain data for advertising purposes. To learn more about Raptive's data usage, click here: https://raptive.com/creator-advertising-privacy-statement
• COOKIES:  First-party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons, and similar technologies (collectively, "Tags") may be placed on the Website to monitor interaction with advertising content and target and optimize advertising. Each internet browser can block first and third-party cookies and clear your browser's cache. The "help" feature of the menu bar on most browsers will tell you how to stop accepting new cookies, receive notifications of new cookies, disable existing cookies, and clear your browser's cache. For more information about cookies and disabling them, you can consult them at https://www.allaboutcookies.org/manage-cookies/.  Without cookies, you may be unable to take full advantage of the Website content and features. Please note that rejecting cookies does not mean you will no longer see ads when visiting our Site. If you opt out, you will still see non-personalized advertisements on the Website.  This website collects the following data using a cookie when serving personalized ads:
  • • • IP Address
      • Operating System type
      • Operating System version
      • Device Type
      • Language of the website
      • Web browser type
      • Email (in hashed form)
• If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit Opt Out - NAI: Network Advertising Initiative. You may also visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/# to learn more information about interest-based advertising. You may download the AppChoices app at YourAdChoices.com to opt out in connection with mobile apps or use the platform controls on your mobile device to opt out.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We care about the integrity and security of your personal information and have implemented appropriate technical security measures to safeguard it. For example, access to our email manager is password-protected. You are responsible for maintaining the secrecy of your email account information and for controlling access to your email communications from Grits and Pinecones.

Our website is scanned regularly for security holes and known vulnerabilities to make your visit to our site as safe as possible.  We regularly scan for malware and have an SSL certificate (HTTPS).

IF YOUR PERSONAL INFORMATION IS COMPROMISED

If your personal information is compromised as a result of a breach of security, we will promptly notify those persons whose personal information has been compromised in accordance with the notification procedures set forth in this Privacy Policy or as otherwise required by applicable law.

The Fair Information Practices Principles form the backbone of privacy law in the United States. The concepts they include have played a significant role in developing data protection laws around the globe.  Understanding the Fair Information Practices Principles and how they should be implemented is critical to complying with privacy laws protecting personal information.  In order to be in line with Fair Information Practices, should a data breach occur, we will notify the users via email within 72 hours.

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law.  This principle requires not only that individuals have enforceable rights against data users but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

YOUR RIGHTS AND CHOICES ABOUT YOUR PERSONAL INFORMATION

You may at any time:

• Decline to submit personal information and use our website anonymously.
• Update or correct your email preferences at any time.  You can also e-mail sharon@gritsandpinecones.com to have this done.  Your request will be handled promptly.
• Unsubscribe from emails at any time by clicking the "unsubscribe" link at the bottom of each newsletter.
• Block cookies.  Certain browsers may be configured to notify you when you receive cookies or allow you to restrict or disable certain cookies.  However, if you choose to disable cookies, that could affect certain features that use cookies to enhance their functionality.
• Opt-out of internet-based advertising.  For more information about third-party ad networks and services that use these technologies, you can visit www.aboutads.info and click here to opt-out or learn more about your options.  You also may visit the NAI's site for additional options for opting out of interest-based advertising.

EEA RESIDENTS:

If you are located in the EEA, or if otherwise required by applicable law, you have these additional rights and choices in relation to your personal information:

• Inspection and Access:  You can request from us a summary and a copy of any personal information we hold about you.
• Correction/Addition/Removal:  If you believe your information is inaccurate or incomplete, you can request us to correct, amend or delete it.
• Portability:  You may request that we send you any personal information you provided or ask that we send this information to a third party.
• Objection:  You may object to us using your personal information where we use it based on our legitimate interests to do so.
• Restriction:  You may request that we restrict the processing of your information where you believe it is inaccurate, our processing is unlawful, you believe we no longer need the information or if you have objected to our use of it.
• Automated Decision Making:  Where we undertake automated decision-making (including profiling) that significantly affects you, you are entitled to object to such decision-making.
• Lodge a Complaint:  You always have the right to lodge a complaint with the relevant supervisory authority for data protection in your jurisdiction.

CALIFORNIA RESIDENTS

Subject to certain limits, under California law, California residents may ask us to provide them with a list of the categories of personal information that we have disclosed to third parties for those third parties' direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. California residents may contact us as specified in the "Contact Us" section below to make a request for this information.  See more at http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

CHILDREN'S PRIVACY

Protecting the privacy of young children is especially important.  For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13.  If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address.  No one under the age of 13 is allowed to provide any information on this website. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us at sharon@gritsandpinecones.com.

LINKS TO OTHER WEBSITES

This website includes links for your use and reference.  We try to only link to safe, valid websites as this additional service to you.  We may occasionally include or offer third-party products or services on our website.  You should be aware that the privacy policies of these sites may differ from Grits and Pinecones.  Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.  However, we are not responsible for the practices employed by websites we may link to, nor the information or content contained therein.  Please remember that when you use a link to go from this website to another website, our Privacy Policy is no longer in effect.  Your browsing and interaction on any other website, including those with a link on our website, is subject to that website's rules and policies.  Please read over those rules and policies before proceeding.

CAN-SPAM ACT

We may update its Privacy Policy from time to time so you should review this Privacy Policy periodically.  When we materially change the policy, we will update the last modified date at the top of this Privacy Policy.  Changes to this Privacy Policy are effective when they are posted on this page.

TERMS OF SERVICE

Binding Arbitration ("Arbitration Agreement")

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, "We" or "Us"), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to Grits and Pinecones, 750 Middlewood Dr, Tallahassee, FL, 32312. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys' fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that - in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration - (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration"). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

Consent to Data Collection.  These Terms of Service incorporate our Privacy Policy above, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications.  You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein).  You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.

Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, "WE" OR "US"), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

HOW TO CONTACT US