Please note that our Terms and Conditions have been updated. You can review the updated Terms and Conditions below.
[Updated August 31, 2022]
These Terms and Conditions describe the terms and conditions of use you agree to with Flag Island Resort, LLC (“Flag Island Resort” or “the resort” or “we” or “our” or “us”) by your use of this website, and associated subdomains (collectively, “website” or “site” or “sites”), our software or mobile applications (“apps”). As used in this policy, the words “include,” “includes” and “including” mean including without limitation. By continuing to use or interact with our website or apps, or calling or sending us electronic messages, you acknowledge and agree that you understand and are bound by these Terms and Conditions.
These Terms and Conditions do not apply to any third party application or site that may be accessed via links on our website or apps. We are not responsible for the terms and conditions of any site (including any business partner or dealer website) you access through any external links on our website or apps. Please consult the policies of those sites for more information about their practices.
The content on this website is provided “as is”, without warranty of any kind. We make no warranty as to the accuracy, completeness, currency, adequacy, or reliability of any content available through this website.
Limitation of Liability
We specifically disclaim, and you hereby release us from any and all liability whatsoever, arising out of or in any way connected with access to, or use of the website, even if we have been advised of the possibility of such damages, including but not limited to, reliance by any party on any content obtained through use of this website.
You understand that the Internet is public and that e-mail communications between you and us via this website are subject to the risk of being viewed by other parties. Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to us via e-mail.
This website is protected by U.S. and international copyright laws. All logos, trade marks, service marks, photos, videos, graphics, and copyrighted words and/or titles used in these pages are considered our intellectual property. This site may contain logos, trade marks, service marks and copyrighted words and/or titles used in these pages that are considered the intellectual property of other parties. You may not modify, reproduce or distribute (a) content on this website (other than as set forth herein), (b) the design or layout of the website or individual sections of the design or layout of the website, or (c) other copyrighted works displayed on this website without written permission from the intellectual property owner.
Unauthorized use of trademarks, service marks or logos may be a violation of federal and state trademark laws.
We reserve the right to modify this website and the rules and regulations governing its use at any time. Modifications will be posted on the website, and users are deemed to be apprised of and bound by any changes to the website. We may make changes in the products and/or services described in this website at any time.
Violation of Rules and Regulations
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this website, including the right to block access from a particular Internet address to the website.
Linked Internet Sites
There may be links in this website which will let you leave our website. The linked sites are not under our control and the content available on the Internet sites linked to this website do not necessarily reflect our opinion. We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to this website is at your own risk. We assume no responsibility for, or any obligation to monitor the content of such linked Internet sites. The inclusion of any link does not imply a recommendation or endorsement by us.
Governing Law and General Provisions
This website is operated from our place of business within the State of Minnesota, U.S.A. We make no representation that the information in the website is appropriate or available for use in other locations, and access to the website from territories where the contents of the website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on this website will be governed by the laws of the State of Minnesota, U.S.A., excluding the application of its conflicts of law rules.
[Updated August 31, 2022]
Information by which you may be personally identified, such as name, postal address, e-mail address, and telephone number (“personal information”).
Information about your internet connection, the equipment you use to access our Website or apps, and usage details such as times and dates of visits.
If you decide to purchase our products/services, we may collect certain additional information, like your credit or debit card number and expiration date.
How Information Is Collected
Directly from you when you provide it to us.
Through the use of technology as you navigate through our Website or apps.
From third parties, such as our advertisers.
Through service providers that we have engaged to collect information on our behalf.
Information You Provide
This section provides some additional details concerning the types of information we collect from you, which includes:
Personal Information that you provide by filling in forms on our Website or apps or by contacting us by telephone or other means. This includes information about your purchased product, provided while contacting us regarding your warranty, contacting customer care, and purchasing product or services from us.
Records and copies of your correspondences (including email addresses) if you contact us.
Your responses to surveys that we might ask you to complete.
Details of transactions you carry out through our Website or apps and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or apps.
Your search queries on our Website or apps.
Information Collected Through Technology
In addition to the information that we collect directly from you, we use various technologies to collect personal information and non-personal information about you, your online behavior, and your device.
Personal information collected through technology includes usage details, IP address, geolocation information, operating system, browser type, unique device identifier and other information about your browsing activity, device and internet connection.
We use a tool called “Google Analytics” to collect information about your use of our Website and apps. Google Analytics collects information such as how often users visit our sites, what pages they visit, when they do so, and what other sites they accessed or used prior to using our sites. We use the information from Google Analytics to understand website user behavior as it relates to content and marketing, such as to improve our Website, apps and services. Google Analytics collects your IP address but does not collect your name or other personal information. We may also use other data analytic tools and service providers in the future.
We may combine information we collect about you through the use of technology with other information we have about you, including personal information.
Some web browsers have “do-not-track” features that tell websites that you do not want to have your online activities tracked. Our Website and apps do not currently recognize or respond to automated browser signals, which may include “do-not-track” instructions.
How We Use Your Information
We use information, including personal information, that we collect about you or that you provide to us for a variety of purposes, including:
To present our Website and apps and their content to you.
To allow you to participate in interactive features on our Website and apps.
To provide you with information, products, or services that you request from us.
For our own marketing purposes.
To fulfill any other purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or apps or any products or services we offer or provide through them.
To follow-up with you about services or products provided by us or our business partners.
To administer your accounts and subscriptions.
To improve our content, products, services, Website, and apps.
To provide enhanced functionality when accessing our Website and apps, including identifying you and keeping track of your specific preferences, including in terms of the presentation of content on our Website and apps.
To deliver content, including ads, relevant to your interest in our products and services.
Without limiting any other rights, User Contributions may be used without compensation to you for online and offline promotional or commercial uses in any and all media worldwide.
Disclosure of Your Information
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
To an affiliate, buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
To third parties for their own marketing purposes if you consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We do not share your personal information with third parties for the third parties’ direct marketing purposes without your consent.
We may disclose aggregated, de-identified information about our users, User Contributions, and the non-personal information of any individual, without restriction.
Children Under 13
Our Website is not intended for children under the age of thirteen. If you are the parent or guardian of a person under 13 and believe that person provided us with personal information, please contact us.
Opt-Out of Marketing Communication
European Union Data Privacy Rights
If you are located in the European Union (“EU”), the General Data Protection Regulation (“GDPR”) grants you certain rights under the law. In particular, the right to access, correct, or delete the personal information we hold about you. We may retain your personal information from the time you first engage with our Website or apps until you request deletion of such personal information.
Upon request, we will grant you reasonable access to personal information that we hold about you. In addition, we will take reasonable steps to permit you to correct, amend, or delete personal information we hold about you. We also rely upon your assistance in providing accurate updates of your personal information. In order to access, correct, amend, or delete your personal information we hold about you, please contact us.
If you have a comment, question, or complaint about how we are handling your personal information, you may contact us in order to allow us to resolve the matter. In addition, if you are located in the EU, you may submit a complaint regarding the processing of your personal information to the EU data protection authorities (each a “DPA”). The following link may assist you in finding the appropriate DPA: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
International Data Transfer
If you are located outside the United States, in particular if you are located in Switzerland and the EU, please note that we and our servers are located in the United States. Any information that you provide to us may be transferred to and processed in the United States or other countries around the world where we do business. This transfer may include recipients of information located in countries where there may be a lower level of legal protection for your personal information than in your country. By using our Website or apps, you unambiguously consent to your information being collected, processed, used, and transferred as disclosed herein.
Legal Basis for Processing Under GDPR
Your California Privacy Rights
California law requires certain businesses to respond to requests from California residents asking about the disclosure of personal information to third parties for their marketing purposes. In the alternative, such businesses may adopt a policy of not disclosing personal information to third parties for marketing purposes if a California resident has opted-out of such information-sharing. We do not share your personal information with third parties without consent. We also have an opt-out policy in place. If you wish to opt-out of our sharing your personal information for marketing purposes after you have consented, please follow the “Opt-Out” instructions above.
We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of personal information in our custody or control. However, we cannot guarantee that these safeguards will prevent the unauthorized access, use or disclosure of your personal information.