WHO WE ARE

Flag Nor Fail (“Flag Nor Fail,” “our,” “us,” or “we”) gathers and processes your personal information in accordance with this privacy policy. This policy provides you with the necessary information regarding your rights and obligations, and explains how, why, and when we collect, process, and use your personal information.

This Privacy Policy is part of Flag Nor Fail’s Terms of Service and applies to your use of Flag Nor Fail’s websites (e.g. https://www.flagnorfail.com), mobile or tablet apps, (collectively, “the Sites”), subscription, comments, books, or other products, goods, or services from us (collectively, the “Services”). This Privacy Policy does not apply to the data collection practices of any other Flag Nor Fail websites that are not owned and operated by Flag Nor Fail.

Please note that this Privacy Policy does not govern the practices of third parties, including our partners, third party service providers, marketing providers, and/or advertisers, even when those services are branded as or provided on behalf of Flag Nor Fail.

By using our services and/or making the choices you made when visiting our Sites, you acknowledge that you have read and accepted the terms of this Privacy Policy and our Terms of Service, and you are consenting to our collection, protection, use, retention, and disclosure, subject to the terms and conditions set-forth below in this Privacy Policy, of your personal information. If you elect to not provide the information we require, we may not be able to provide all of our services to you.

If you do not agree to the terms of this Privacy Policy, please do not use our Sites or our other Services. We may make changes to this Privacy Policy from time to time. Your continued use of our Sites and other Services following the posting of any changes to this Privacy Policy will indicate your acceptance to these changes. We will post any Privacy Policy changes on this page. Please check back frequently to see any changes.

INFORMATION THAT WE COLLECT

We collect your information in several ways, including:

- Information we collect from you;

- Information we collect from when you use our Services; and

- Information we collect from third parties.

When you use our Services (e.g., purchase merchandise or other products, browse our sites, use our apps, complete a survey, etc.), we may request and you may provide your personal information to Flag Nor Fail.

Flag Nor Fail collects, uses and processes your personal information to provide our Sites and Services to you, and to meet our legal, statutory and contractual obligations. The specific information we collect depends upon your use of the Sites and our other Services, as described below.

“Personal information” is information that identifies you as an individual or relates to or is reasonably capable of being associated with an identifiable individual, and includes the data sets referred to below.

The personal information that we may collect includes:

How We Collect Your Information

The personal information is collected in several different ways, including: registration forms to sign up for our online and offline Services, billing, user generated content (e.g., comments), survey, contacting our service center, different cookies and tracking technologies, and other sources.

COOKIES AND AD-TARGETING TECHNOLOGIES

We and our third-party partners (including service providers and advertising partners) may use cookies, web beacons (“pixels”), mobile ad identifiers, and other similar technologies to facilitate our relevant services to you, and to provide you with a customized online experience. Cookies are files with a small amount of data which may include an anonymous unique identifier.

Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to analyze and improve our Service. We use third-party partners to help manage and optimize our services’ performance and online advertising.

Please be advised that if you choose to reject all cookies, then certain areas of the Site might not function properly.

Examples of cookies we use:

Your Cookie Choices

When it comes to how you want to use or allow cookies to be used on your devices, you are in control. Most internet browsers are initially set to accept cookies. You can set your browser to block or otherwise control what cookies your browser or mobile device accepts via your browser or mobile device settings. Additionally, you can choose to modify your settings and delete cookies that are otherwise stored on your device. Please consult the instructions provided by your browser or your mobile device’s manufacturer to determine how you can limit the placement of and/or remove cookies or other technologies. Please note, however, that limiting or disabling essential cookies and other technologies may impact or adversely affect some portion or functions of our Sites.

Controlling Cookies and Opt-Out Choices

You can visit the following sites for comprehensive information on how to manage cookies and how to opt out of cookies used for advertising and marketing purposes: For individuals in the United States:

For EU/EEA-based individuals:

We partner with third-party sponsors, affiliates, vendors, and other companies who might have links, content, or applications on the Sites. These third parties might also use tracking tools on our Sites or other Sites to collect information about you when you use the Sites. They may collect information about your online activities over time and across different Sites and other online services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about such a link, content, or application, you should contact the third entity directly. We are not responsible for the content or privacy practices on any websites, applications, tracking tools, or other technology that are not operated by Flag Nor Fail, even though our Sites might link to them or they might link to our Sites.

HOW WE USE YOUR PERSONAL INFORMATION

Flag Nor Fail takes your privacy very seriously. The purposes and reasons for collecting, processing, and using your personal information are detailed below:

In these instances, we will make it clear that the third-party partners, which the data you share will be transferred to, follow applicable privacy and data protection regulations.

SHARING YOUR PERSONAL INFORMATION

We may share or disclose your personal information to help provide our Services to you. For instance, we may share your information with our service providers to respond to your requests or process your subscriptions and orders. We may also provide your Personal Information to third party service providers who assist us in providing certain services. For example, we may share the information we collect from you with our first responders and active military discount services provider.

We may also disclose or share your information for the following purposes:

We may share your information with the following types of entities and third parties:

    1. Tik-Tok – for marketing purposes;
    2. Meta – for marketing purposes;
    3. Shop Pay, PayPal, and Shopify – for order fulfillment purposes;
    4. Yotpo – for review posting purposes;
    5. Lucky Orange – for website activity analysis;
    6. Aftersale – for after sale purchase analysis;
    7. Klavai – for marketing email purposes;
    8. GovX ID – for discount services; and
    9. Sezzle – for dispersed payment scheduling.

Flag Nor Fail uses third-party service providers and business partners to provide certain services and business functions as detailed throughout this Privacy Policy. In those instances, the applicable third-party partners collect and process your data governed by their privacy policy.

When you use our website and enter your email address on our website (either to log in, or sign up for a marketing newsletter, or similar scenario), we may share with solution providers and its group companies information that we collect from you, such as your email (in hashed, pseudonymous form), IP address, or information about your browser or operating system, with any of the following, acting as “joint controllers” (as applicable and defined in the GDPR).

In certain situations, we will only share your information with your consent, as noted below. We may from time to time be required to provide information to law enforcement or other governmental authorities pursuant to a warrant, court order, or other lawful process.

SHARING YOUR PERSONAL INFORMATION WITH OUR ADVERTISING AND MARKETING PARTNERS

Some of the above sharing and use of your information is only done where we have obtained your consent to do so. For example, we may ask your consent to provide your personal information, including IP address information, interest data, unique IDs and other information to certain third parties that help us advertise and market our services. In those instances where we ask your consent, we will only share your information with those third parties where you have given us permission to do so. You can withdraw your consent at any time by contacting us at using the contact information listed in the “Exercising your Privacy Rights” section below.All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties for their own marketing purposes.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Flag Nor Fail is headquartered in the United States. Its Services are designed and intended for audiences within the United States as well as other countries. If you reside outside of the United States and access our Services, you acknowledge that your information will be collected and transmitted to the United States. Please do not use our Services if you do not agree to this transfer. Many of our third-party service providers such as Google, Meta, and PayPal are U.S. companies. Data transmitted to those service providers are done in accordance with their respective privacy policies.

SECURITY MEASURES

Flag Nor Fail takes your privacy seriously and we take reasonable measures and precautions to protect and secure your personal information. This includes implementing physical, technical, administrative, and other safeguards to protect you and your information from unauthorized access, alteration, disclosure or destruction.

CONSEQUENCES OF NOT PROVIDING YOUR DATA

You are not obligated to provide your personal information to Flag Nor Fail. However, there may be times where your information is required for us to provide you with our Services, deliver requested products, or provide you with the content, feedback, or other materials that you request from us. In certain situations, we will not be able to offer some or all of our products or Services to you without requesting or collecting your personal information.

HOW LONG WE KEEP YOUR DATA

Flag Nor Fail retains your personal information for as long as necessary for the purpose for which it is collected, to provide you with our Services, such as our Sites and apps.

CHILDREN’S INFORMATION

Flag Nor Fail and its Sites and Services provide merchandise and related services for general audiences, and are intended for minors under 13 years of age. Flag Nor Fail does not intentionally or knowingly collect, use, or process the personal information from minors under the age of 13, and such children are not permitted to use our Site or Services. If you are under 13, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any Personal Information about yourself. By signing up for an account, or placing an order with us or otherwise using our Services, you acknowledge you are a minor over 13 years of age and are permitted to use our services in accordance with our Privacy Policy and Terms of Service. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with Personal Information, please contact us and we will take remove that information from our Services.

OUR POLICY ON “DO NOT TRACK” SIGNALS

We do not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. We may track users across time and over different websites or platforms.

YOUR PRIVACY RIGHTS

Individuals may have certain rights over their personal information under particular laws. Please see the following sections regarding the rights you may have over your information:

1. Your Rights under the EU General Data Protection Regulation (“GDPR”) and United Kingdom General Data Protection Regulation (“UK GPDR”)

For residents from the United Kingdom (UK), or the European Economic Area (EEA) and Switzerland, this section allows you to exercise your rights under the European Union’s (EU) General Data Protection Regulation (GDPR) and the UK’s version of the GDPR (UK GDPR), as applicable. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal information, and exercise other rights available under applicable law. Flag Nor Fail therefore informs you that, where applicable under relevant law, you are entitled to the following:

To exercise any of these rights, please contact us at the contact information listed in the “Exercising your Privacy Rights” section below. Note that we may ask you to verify your identity before responding to such requests.

If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the relevant request; this is to ensure that your data is protected and kept secure.

Please bear in mind that if you exercise such rights, this may affect our ability to provide our products and services.

2. Your Rights Under Australia’s Privacy Act of 1988

We intend to allow Australian residents to exercise their rights under the Privacy Act 1988 and associated Australian Privacy Principles. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct and amend your personal information, and exercise other rights available under applicable law. We therefore inform you that, where applicable under relevant law, you are entitled to the following:

3. Your Rights Under Canada’s Personal Information Protection and Electronic Documents Act

We intend to allow Canadian residents to exercise their rights under the Personal Information Protection and Electronic Documents Act (“PIPEDA”), Alberta’s Personal Information Protection Act (Alberta PIPA), British Columbia’s Personal Information Protection Act (BC PIPA), and Québec’s Act respecting personal information in the private sector (Quebec Act) as applicable. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct, amend, and delete your personal information, and exercise other rights available under applicable law. We therefore inform you that, where applicable under relevant law, you may be entitled to the following:

4. Your Rights under China’s Personal Information Protection Law (“PIPL”) and Singapore’s Personal Data Protection Act (“The PDPA”)

For residents from the People’s Republic of China (“China”), or the Republic of Singapore (“Singapore”), this section allows you to exercise your rights under PIPL and the PDPA as applicable. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal information, and exercise other rights available under applicable law. Flag Nor Fail therefore informs you that, where applicable under relevant law, you are entitled to the following:

5. Your Rights under Brazil’s General Data Protection Law (“LGPD”), Chile’s Personal Data Protection Law (“The PDPL”), Mexico’s Federal Data Protection Law of Personal Data Held by Private Parties (“FLPPDPP”), Columbia’s Data Protection Law (“CDPL”) and Peru’s various data privacy laws.

For residents from the Federative Republic of Brazil (“Brazil”), this section allows you to exercise your rights under LGPD as applicable. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal information, and exercise other rights available under applicable law. Flag Nor Fail therefore informs you that, where applicable under relevant law, you are entitled to the following:

• Right to Confirmation: The right to obtain confirmation of the existence of data processing from the data controller.

• Right to Access and Portability: The right to obtain access to data being processed by the controller from the controller. This right also grants you the right to request a transfer of your personal data to another service provider or product provider, by the means of an express request, pursuant with the regulations of the national authority, and subject to commercial and industrial secrets.

For residents from the Republic of Chile (“Chile”), the Republic of Peru (“Peru”) and the United Mexican States (“Mexico”), this section allows you to exercise your rights under the PDPL, Peru’s various data privacy laws, and FLPPDPP as applicable. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may becircumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal information, and exercise other rights available under applicable law. Flag Nor Fail therefore informs you that, where applicable under relevant law, you are entitled to the following:

For residents from the Republic of Columbia (“Columbia”) this section allows you to exercise your rights under the CDPL. Although applicable data protection legislation in relevant jurisdictions may afford similar rights, there may be circumstances where some of these rights do not apply under or are modified by, local law. Flag Nor Fail takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal information, and exercise other rights available under applicable law. Flag Nor Fail therefore informs you that, where applicable under relevant law, you are entitled to the following:

6. Your Rights under various United Sates state data privacy laws such as the California Privacy Rights Act/California Consumer Protection Act, Nebraska Data Privacy Act, and Texas Data Privacy and Security Act.

For residents from the state of Nebraska and Texas this section allows you to exercise your rights under the applicable state law.

To the extent any California data privacy law applies to the collection of your personal information, this supplemental section of our Privacy Policy outlines the rights that California residents may have, and how they can exercise those rights. This policy applies solely to California residents.

Under the California Consumer Privacy Act and the California Privacy Rights Act of 2023 (collectively, the “CPRA”), certain organizations that do business in California and collect personal information about California residents are subject to privacy disclosure, access, and deletion requirements.

California law allows California residents once a year to request information regarding our disclosure of your personal information, if any, to third parties for those third parties’ direct marketing purposes during the preceding calendar year. This information includes:

  1. The categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year;
  2. The names and addresses of third parties that received the information; and
  3. If the nature of the third party’s business cannot be determined from their name, to obtain examples of the products or services marketed.

California residents may have separate rights under the CPRA, including the following:

You have the right to request that the personal information described above be provided to you in a portable and readily useable format, to the extent technically feasible (“data portability”).

    1. Sale of your personal information.
    2. Sharing of your personal information for cross-context behavioral advertising.

The use of online tracking technologies may be considered a “sale” or “sharing” under California law. To the extent that these online tracking technologies are deemed to be a “sale” or “sharing” under California law, you may opt out of these online tracking technologies by submitting a request by clicking the “Cookie Settings” button below or by broadcasting an opt-out preference signal, such as the Global Privacy Control (GPC).

You may make an authenticated consumer request exercising your Right to Know and Access Specific Information including Right to Know what Personal Information is being Sold or Shared or under the CCPA twice within a twelve (12) month period.

Once Flag Nor Fail receives and confirms a verifiable consumer request, we will work to promptly process such request. The need to verify an individual’s identity is critical to protecting your information, and ensuring that your information is not shared with anyone pretending to be you or someone who is not authorized to act as your agent on your behalf. To that end, we must be able to verify your information in order to process your request.We will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, address, account information, and any other information deemed necessary by Flag Nor Fail to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. Once we have verified your identity, we will work to fulfill your request in a timely manner. Please note there may be some situations in which we are unable to fulfill your request, such as if we cannot find any information about you within our systems. Additionally, we may not be able to honor a deletion request in some situations, such as if your information is necessary to fulfill the Services you requested or meet a legal obligation. We will inform you whether we can fulfill your rights request.

We may ask for additional information if we have difficulty confirming your identity. You may use an authorized agent to submit verifiable consumer requests on your behalf provided that the authorized agent is a natural person or a business entity that you have authorized to act on your behalf. If you use an authorized agent, we will require: (1) proof of written permission for the authorized agent to make requests on your behalf, and identity verification from you; or (2) proof of power of attorney pursuant to California Probate Code sections 4000 to 4665.

We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”

To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

Financial Incentives

As an incentive for providing us with your information, you may receive a financial benefit in the form of an email coupon, discount, rebate, free sample, promotions, or other similar reward that will be sent to you. This discount may constitute a financial incentive under the CPRA (“Financial Incentive”). The categories of personal information required for us to provide the Financial Incentives include personal identifiers such as full name and contact information including email address as well as personal and demographic information you choose to provide.

To offer these discounts, we may track your personal information, such as purchase history and other demographic data. You have the right to withdraw from the Financial Incentive at any time by submitting a request to customerservice@flagnorfail.com. Please note that if you request deletion of part or all your personal information, that could affect your ability to qualify for the discount.

LODGING A COMPLAINT

Flag Nor Fail only processes your personal information in compliance with this privacy policy and in accordance with the relevant data protection laws. If, however you are a resident of the UK or the EEA and wish to raise a complaint regarding the processing of your personal information or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with your local supervisory authority.

If you would like to raise an issue or lodge a complaint directly with Flag Nor Fail, please contact us using the information below.

Address: 3302 US Highway 2 East, Kalispell MT 59901.

Online: Fill out a request at customerservice@flagnorfail.com.

UPDATE TO OUR PRIVACY POLICY

Flag Nor Fail may update this policy from time to time. All changes will be posted and updated here. We will notify you directly by email (if we hold one for you) or by other appropriate means if any significant changes occur. Any changes to the privacy policy will become effective when the updated policy is posted. We advise you to check back here frequently to review the most current version of this policy.

CONTACT US

If you have other questions, contact us HERE.

Or, by writing to the following postal address: 3302 US Highway 2 East, Kalispell MT 59901

This policy was last updated in April of 2025.