Privacy Policy

Our Commitment to Your Privacy

This Privacy Policy describes in detail how Vivia Home (the "Site," "we," "us," or "our") collects, utilizes, discloses, and protects your personal information when you visit, interact with our services, or make a purchase from viviahome.com (the "Site") or otherwise communicate with us (collectively, the "Services").

For the purposes of this Privacy Policy, "you" and "your" refer to you as the user of the Services, whether you are a direct customer, a website visitor, or any other individual whose information we have collected pursuant to this policy.

Please review this Privacy Policy with care. By using and accessing any of the Services, you acknowledge and agree to the robust collection, use, and disclosure of your personal information as defined and described in this policy. If you do not consent to these terms, please immediately cease all use of and access to our Services.

Note: The Messaging Terms and Messaging Privacy Policy related to our communication platform, referenced separately, are also incorporated into your use of the Services.

Changes to This Privacy Policy

We are committed to maintaining compliance and transparency. We reserve the right to update or modify this Privacy Policy periodically to reflect changes in our data collection practices, for other operational or business reasons, or to comply with new legal or regulatory obligations.

We will notify you of any material changes by posting the revised Privacy Policy on the Site and updating the "Last updated" date at the top of the document. We will take any additional steps required by applicable law to notify you of such changes.

1. How We Collect and Use Your Personal Information

To effectively provide our Services, we collect and have collected over the past 12 months, personal information about you from a variety of secure sources, as detailed below. The specific information we collect and the way we use it is contingent upon how you choose to interact with Vivia Home.

Beyond the specific uses listed in the following sections, we may utilize the information collected for the following legitimate purposes:

• To communicate with you effectively.
• To provide, continuously improve, and optimize the Services we offer.
• To ensure compliance with any applicable legal, regulatory, or tax obligations.
• To enforce any applicable terms of service and protect or defend the Services, our intellectual property rights, and the rights of our users or others.

2. What Personal Information We Collect

When we refer to "personal information," we mean information that identifies, relates to, describes, or can be associated with you, whether directly or indirectly. The following sections delineate the categories and specific types of personal information we may collect:

2.1 Information We Collect Directly from You

Information that you actively and directly submit to us through our Services may include:

• Contact Details: Your full name, mailing and physical address, mobile or landline phone number, and email address.
• Order Information: Comprehensive data relating to your purchases, including your name, billing address, shipping address, payment confirmation, email address, and phone number.
• Account Information: Credentials used for account security purposes, such as your username, password (stored in encrypted format), and security questions/answers.
• Customer Support Information: Any data you choose to include in communications with our support team, for example, when sending a message through the Services, facilitating a return, or requesting technical support.

Please note: Some features require you to directly provide certain information. You may elect not to provide this data, but doing so may prevent you from fully utilizing or accessing certain core features of the Services.

2.2 Information We Collect about Your Usage (Usage Data)

We may automatically collect certain aggregated information about your interaction with and usage of the Services ("Usage Data"). This is typically facilitated through online tracking technologies such as Cookies, pixels, web beacons, and similar digital tools.

Usage Data may include, but is not limited to:

• Device and Browser Information (e.g., model, operating system, version).
• Information about your network connection and your IP address.
• Detailed information about how you access, navigate, and use our Site and your account (e.g., pages viewed, time spent on pages, click patterns).
• Other technical information regarding your interaction with the Services.

2.3 Information We Obtain from Third Parties

We may obtain supplementary information about you from trusted third parties, including vendors and service providers who may collect data on our behalf:

• Platform Providers: Companies that support our Site and Services infrastructure, such as Shopify, which powers our e-commerce platform.
• Payment Processors: Our dedicated payment processors collect and securely handle payment information (e.g., bank account, credit or debit card information, billing address) necessary to process your transactions, fulfill your orders, and perform our contractual obligations to you.
• Marketing and Analytics Partners: When you visit our Site, open or click on emails we send, or interact with our advertisements, we and our partners may automatically collect certain information using online tracking technologies to better tailor services, products, and advertising on our Site and other platforms.

Any information we obtain from third parties is treated with the same level of care and is processed in strict accordance with this Privacy Policy. Please also review the section below regarding Third Party Websites and Links.

3. How We Use and Process Your Personal Information

We process your personal information based on specific legal and operational grounds, including the necessity of fulfilling contracts, our legitimate business interests, and compliance with legal obligations.

If you choose to use Services that enable Shopify to match your account with other Shopify services, Shopify will process your information as set forth in its own separate Privacy Policy and Consumer Privacy Policy.

4. Cookies and Tracking Technologies

Like virtually all modern commercial websites, we utilize Cookies and similar technologies on our Site.

• Purpose: We use Cookies to power and improve our Site and Services (e.g., remembering your actions and preferences), to run detailed analytics, and to better understand user interaction with the Services. We may also permit third parties and service providers to use Cookies on our Site to better tailor the services, products, and advertising on our platform and other websites.
• Your Control: Most browsers are configured to accept Cookies automatically by default, but you retain the right to manage your browser controls to remove or reject Cookies.
• Impact of Blocking: Please be advised that removing or blocking Cookies may negatively impact your overall user experience and could cause some features or general functionality of the Services to work incorrectly or become unavailable.
• "Do Not Track" Signals: While your browser may allow you to transmit a “do not track” signal, like many websites, our Site is not currently designed to respond to such signals. To learn more about "do not track" signals, you can visit http://www.allaboutdnt.com/.

5. How We Disclose Personal Information

In certain limited and controlled circumstances, we may disclose your personal information to third parties for contract fulfillment, legitimate business purposes, and other reasons aligned with this Privacy Policy.

Such disclosure circumstances include:

• Service Providers: Sharing with vendors and third parties who perform essential services on our behalf (e.g., IT management, secure payment processing, data analytics, customer support, cloud storage, order fulfillment, and shipping logistics).
• Business and Marketing Partners: Sharing with partners to provide relevant services and advertising to you. These partners will use your information in accordance with their own established privacy notices.
• User Consent: Disclosure occurs when you explicitly direct, request us, or otherwise consent to our sharing of certain information with third parties (e.g., to ship you products, or through your use of social media widgets or login integrations).
• Corporate Affiliates: Sharing information with our affiliates or otherwise within our corporate group, based on our legitimate interests to efficiently operate a successful business.
• Legal Compliance and Protection: Disclosure in connection with a business transaction (such as a merger or bankruptcy), to comply with applicable legal obligations (including responding to subpoenas or search warrants), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

Categories of Personal Information Disclosed (Past 12 Months)

We have disclosed the following categories of personal information and sensitive personal information about users for the purposes set out above:

We affirm that we do not use or disclose sensitive personal information without your explicit consent or for the purposes of inferring characteristics about you.

6. Third-Party Websites and Links

Our Site may feature links that direct you to websites or other online platforms operated by third parties.

• Review Third-Party Policies: If you follow links to sites not affiliated or controlled by Vivia Home, you must review their separate privacy and security policies, and other terms and conditions.
• No Guarantee or Responsibility: We do not guarantee and are not responsible for the privacy or security practices of such third-party sites, including the accuracy, completeness, or reliability of information found on them.
• Public Venues: Information you provide on public or semi-public venues, including data you share on third-party social networking platforms, may be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of these links does not imply any endorsement of the content or their owners.

7. Children's Data Protection

The Services provided by Vivia Home are not intended to be used by children. We do not knowingly collect any personal information about children under the age of 16.

• Parental Contact: If you are a parent or guardian of a child who you believe has provided us with their personal information, please contact us immediately using the contact details provided below to request that such data be promptly deleted.
• No Sale/Sharing of Minor's Data: As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable US law) personal information of individuals under 16 years of age.

8. Security and Retention of Your Information

8.1 Security Measures

We implement a range of robust security measures designed to protect your personal information. However, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send to us may not be secure while in transit. We strongly recommend that you do not use insecure channels to communicate sensitive or confidential information to us.

8.2 Data Retention

The duration for which we retain your personal information is determined by several factors, including:

• Whether we need the information to maintain your account and provide the Services.
  
• Our obligation to comply with legal requirements (e.g., tax and accounting laws).
  
• The need to resolve disputes, enforce contracts, and apply other applicable policies.

9. Your Rights and Choices (U.S. Consumers)

Depending on your state of residence (e.g., California, Virginia, Colorado, Utah, Connecticut), you may be entitled to certain rights regarding your personal information, as listed below. Please note that these rights are not absolute and may be subject to certain exceptions as permitted by applicable law.

9.1 Managing Communication Preferences

You have control over our promotional communications:

• Promotional Emails: We may send you promotional emails, and you may opt out of receiving these at any time by utilizing the clear unsubscribe option displayed in the emails we send to you.
• Non-Promotional Emails: If you opt out of promotional emails, please note that we may still send you necessary non-promotional emails, such as those concerning your account status, order confirmations, transaction updates, or service changes.

9.2 Exercising Your Rights

You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided in Section 11.

• Non-Discrimination: We are legally prohibited from discriminating against you for exercising any of your privacy rights.
• Verification: To protect your information, we are required to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response.
• Authorized Agent: In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf. Before accepting a request from an agent, we will require the agent to provide proof you have authorized them to act on your behalf, and we may require you to verify your identity directly with us.

10. International Users and Data Transfer

Please be aware that Vivia Home is headquartered in the United States and we may transfer, store, and process your personal information outside of your country of residence. Your personal information may also be processed by staff and third-party service providers and partners in these and other countries.

• Transfer Mechanism: If we transfer your personal information out of the US, we will rely on recognized and legally compliant transfer mechanisms, such as the European Commission's Standard Contractual Clauses (SCCs), or any equivalent contracts issued by the relevant competent authority (e.g., the UK ICO), unless the data transfer is to a country that has been determined to provide an adequate level of protection by the relevant governing bodies

11. Complaints and Contact Information

If you have any questions, concerns, or complaints about how we process your personal information or if you wish to exercise your rights, please contact us promptly using the details below.

If you are not satisfied with our response to your complaint, depending on your location, you may have the right to appeal our decision by contacting us again using the contact details set out above, or by lodging your complaint directly with your local data protection authority.