Website Terms of Service
The following outlines contents for this website’s Terms of Service (“TOS”). The TOS contains information intended exclusively for, but not limited to, this website (foodwinemarcy.com and/or foodwineandmarcy.com).
- 1.0. Terms of Service & Policy Updates
- 2.0. Website Cookie Policy
- 3.0. Website Privacy Policy
- 4.0. Website Copyrights and Credits
For all other website pages please see our sitemap. If you have discovered a website-related issue and would like to report it please use this form.
1.0. Terms of Service Introduction
1.1. Identification of Entities and Persons
1.1.1. Website Owners, Administrators, or Controllers (“First-Parties”)
This website is owned by and represents Marcy Carriker Smothers (“Website Owner”).
- Website: foodwinemarcy.com
- Email: marcy@foodwinemarcy.com
This website is maintained and controlled by the business of OptiRev, LLC (“Website Administrator” or “Website Controller”), and is separate from Marcy Carriker Smothers.
- Website: optirev.net
- Address: 850 2nd Street, Suite A, Santa Rosa, CA
- Phone: 1-707-595-3226
- Email: [email protected]
1.1.2. End-Users (“Second-Parties”)
Second-party entities or persons include: website users and/or visitors; The customers, clients, consumers, and/or patrons of the first-party entities.
1.1.3. Website Processors, and Other Businesses (“Third-Parties”)
In general, any entity or person who is not identified as a first or second party qualifies as a third-party. Third-parties typically provide assistance with serving up information or functionality requested by the first or second parties.
1.2. Policy Updates
All policies are subject to change. This webpage will contain the active and current version of our website policies. If you have any questions about this TOS, please contact Marcy Carriker Smothers using the information provided in TOS 1.1.1.
- Our cookie policy was last updated: 2018-11-06.
- Our privacy policy was last updated: 2018-11-06.
- Our accessibility information was last updated: 2018-11-06.
- Our copyright and credit information was last updated: 2018-11-06.
2.0. Website Cookie Policy
2.1. What are cookies
Cookies are files that are temporarily or indefinitely stored on your hard drive and/or internet browser. These files are automatically downloaded to your computer once you visit this website (see “Managing cookies”). Cookies can be used for a variety of reasons (see “How cookies are used”).
“First party cookies are cookies that are set by the site itself and can only be read by this site. They are commonly used for the functionality of the site (e.g. shopping cart). This doesn’t imply that these cookies are allowed by EU law.” (1)
“Third party cookies are set by third parties which can be tracking or marketing companies (e.g. advertising networks). These cookies get re-read during a visit on other sites if they do business with these companies as well. Retargeting is good example of an application.” (1)
Some of our business partners may use cookies on this website, in which case, we have no access to or control over.
2.2. How cookies are used
Cookies might be used for some or all of the following reasons:
- Analytical purposes, and provide the website controller with metric information about website statistics, demographics, and usage.
- Set and store user preferences or aid in optimizing user experience.
- Advertising and marketing efforts, including re-marketing efforts with other websites.
- “Advertising is an audio or visual form of marketing communication that employs an openly sponsored, non-personal message to promote or sell a product, service or idea.” 3
- “Remarketing is a clever way to connect with visitors to your website who may not have made an immediate purchase or enquiry. It allows you to position targeted ads in front of a defined audience that had previously visited your website – as they browse elsewhere around the internet.” 4
- Collecting information about how the user was referred to this website, and at what instance/condition they stopped using the website.
- Defining and/or optimizing security settings.
- Collecting information about website usability, performance, and testing purposes.
- Detecting or preventing fraud and/or spam.
2.3. What cookies this website uses
The following cookies may be used on this website.
| Entity | Name | Content | Domain | Expiry* |
| First-Party | _gid | 1 | .optirev.net | Every __ days |
| First-Party | _gat | 2 | .optirev.net | Every __ days |
| First-Party | _ga | 3 | .optirev.net | Every __ years |
| Third-Party | NID | 4 | .google.com | Every __ months |
* Cookies may be erased when the user closes their internet browser or empties their internet browser’s cookies/caching storage. If the user revisits the website the cookies may be returned to their device.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. We will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
2.4. Managing cookies
If you do not accept the use of cookies, then please disable them using the instructions for your web browser as instructed by: allaboutcookies.org/manage-cookies.
- Website services and features may not function properly if cookies are disabled.
3.0. Website Privacy Policy
3.1. What is personal data
Personal data is any information that can be tied to a person’s identity. This includes, but is not limited to, information such as:
- Name(s)
- Home address(es)
- Email address(es)
- Identification number(s)
- Cookie(s)
- Advertising identifiers of mobile devices
- Location data (such as: mobile device location data functions)
- Internet Protocol (IP) address(es)
- Data held by a hospital or doctor
3.2. Your rights regarding personal data
The European Union (EU) has authored and enforces the General Data Protection Regulation (GDPR). This website strives to meet successful criteria as defined by the GDPR laws and standards. More information on this can be found here:
Personal rights regarding data collection, retention, and processing depends on government laws and their boundaries. For all other regions contact your local government representative for information.
3.3. Data controllers & processors
3.3.1. Data controllers and sub-controllers
“A controller determines the purposes and means of processing personal data.” (2) Data controllers for this website include:
- Marcy Carriker Smothers
- OptiRev, LLC
3.3.2. Data processors and sub-processors
“A processor is responsible for processing personal data on behalf of a controller.” (2) A user’s personal data may or may not be processed by some or all of the third-party plugins (third-party software) used by this website.
For how these third-parties use your data please see TOS 3.4.
3.4. How Personal Data is Used
Personal data might be used for some or all of the following reasons:
- User Accounts: creating, maintaining, or detecting website users.
- Analytical Purposes: to provide the website controller with metric information about website statistics, demographics, and usage.
- User Preferences: Set and store user preferences or aid in optimizing user experience.
- User Experience: Collecting information about how the user was referred to this website, and at what instance/condition they stopped using the website.
- Advertising: ads and marketing efforts, including remarketing efforts with other websites.
- Security: Defining and/or optimizing security settings.
- Testing: Collecting information about website usability, performance, and testing purposes.
- Prevention: Detecting or preventing fraud and/or spam.
3.5. What Personal Data is Collected
3.5.1. Cookies
Cookies may involve your personal data. For more information see “cookies policy”.
3.5.2. User accounts
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information. For more information see “Managing personal data”.
3.5.3. Contact forms and form submissions
If you enter data into a contact form data might be retained within a website database and/or email inbox of the recipient(s). This information is stored indefinitely, and/or at the discretion of the recipient(s). This feature is provided as convenient means of electronically communicating between the user and the business via email.
3.5.4. Comment(s)
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
3.5.5. Avatar(s) and Gravatar
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
3.5.6. Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
3.5.7. Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact 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.
3.5.8. Additional information
Voluntarily provided contact information such as your name, ID number, or location may be retained in our website database(s) or 3rd-party entities. We may use your information to contact you to respond to the reason you contacted us.
3.6. Managing Personal Data (“Opting-Out”)
If you do not agree to have your data tracked by Google Analytics please opt-out here tools.google.com/dlpage/gaoptout.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Should you wish to make a request regarding your data, please use this form.
When making a request you must provide the website from which we will retrieve the data. We will not be able to retrieve data from websites we no longer support or possess data for. Your rights may not be recognized in regions where the GDPR is not legally enforced.
3.7. Website Security Efforts
We take precautions to protect your data, but we do not guarantee absolute protection. Never submit personal information, or sensitive personal data, with the exception for when this is required to complete a request.
We protect your data using firewalls and Brute Force password protection. Should a data breach occur we will notify website users within 72 hours after the Website Administrator reasonably learns that registered website users data may have been compromised.
4.0. Website Copyrights and Credits
4.1. Website Ownership
This website’s design, code, and content is the property of Marcy Carriker Smothers. All rights are reserved to this business for the website’s use of design, code, and content.
4.2. Website Authorship
This website was designed and developed by OptiRev, LLC. OptiRev is the current website controller as defined in TOS 1.1.1.
4.3. Website Recognition and Credit
4.3.1. Website copywriting and text
All copywriting and text is property of Marcy Carriker Smothers, unless otherwise specified using in-text citations.
4.3.2. Photography, illustrations, artwork, icons, and/or graphics
All photography is property of Marcy Carriker Smothers, unless otherwise specified using a visible citation placed near each individual image.
4.3.3. Website code and technology
This website may contain assets owned and/or authored by the following:
- This website is proudly powered by WordPress, an open-source Content Management System (CMS).
- This website uses “Laurel” by Solo Pine.
- Website child theme by OptiRev, LLC.
4.3.4. Terms of Service citations
This TOS makes quotes or references the following:
- http://www.cookie-checker.com/.
- https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/.
- Stanton, William J. Fundamentals of Marketing. McGraw-Hill (1984).
- https://www.adhesion.co.nz/blog/google-remarketing-how-it-works
- Section 508 of the Rehabilitation Act
- W3C’s Web Accessibility Initiative (WAI)