PRIVACY POLICY

Last Updated: September 8, 2026

VIVIA NEW YORK (“VIVIA,” “we,” “us,” or “our”) respects your privacy and is committed to protecting personal information that we collect, use, disclose, and otherwise process in connection with our online store.

This Privacy Policy explains how personal information is handled when you visit, interact with, or make a purchase through vivianewyork.com, communicate with us, sign up for marketing, or otherwise use our services.

1. WHO WE ARE

VIVIA NEW YORK is the name used for this online store.

For purposes of applicable data protection law, the business operating VIVIA NEW YORK is responsible for determining how and why personal information is processed in connection with the store, except where another party independently determines its own processing purposes.

Store: VIVIA NEW YORK
Website: vivianewyork.com
Email: support@vivianewyork.com

2. SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies to personal information processed in connection with:


  • Our website;

  • Online purchases;

  • Checkout and payment;

  • Order fulfillment;

  • Customer service;

  • Returns and refunds;

  • Email marketing;

  • SMS marketing;

  • Abandoned-cart communications;

  • Website analytics;

  • Advertising and marketing measurement;

  • Fraud prevention and security; and

  • Other interactions with VIVIA NEW YORK.

Third-party websites, applications, and services may have their own privacy practices. Where you interact directly with such a third party, its own privacy policy may also apply.

3. PERSONAL INFORMATION WE MAY COLLECT

Depending on how you interact with us, we may collect or process the following categories of personal information.

A. Contact and Identity Information

This may include:


  • Name;

  • Email address;

  • Telephone number, if provided;

  • Billing address;

  • Shipping address; and

  • Other contact information you voluntarily provide.

B. Order and Transaction Information

This may include:


  • Products purchased;

  • Order number;

  • Order date;

  • Purchase amount;

  • Shipping method;

  • Delivery information;

  • Return and refund information;

  • Discount or promotional information; and

  • Communications relating to an order.

C. Payment Information

Payments are processed through the payment services made available through our checkout.

Depending on the payment method selected, payment-related information may be processed by our payment service providers.

We generally do not receive or store complete payment card numbers when payment information is processed directly by the applicable payment provider.

D. Account Information

If customer account functionality is available and you create or use an account, we may process information associated with that account, such as:


  • Name;

  • Email address;

  • Order history;

  • Account preferences; and

  • Login or authentication information.

E. Device and Technical Information

When you use our website, we and parties providing technology, analytics, security, and advertising services may automatically collect information such as:


  • IP address;

  • Browser type;

  • Device type;

  • Operating system;

  • Device identifiers;

  • Referring URLs;

  • Pages viewed;

  • Date and time of visits;

  • Website interactions;

  • Cookie and similar technology identifiers; and

  • Approximate location derived from technical information such as an IP address.

F. Shopping and Browsing Activity

We may process information about how you interact with our store, including:


  • Products viewed;

  • Products added to your cart;

  • Products removed from your cart;

  • Checkout activity;

  • Purchases;

  • Search activity;

  • Website navigation;

  • Advertising interactions; and

  • Abandoned shopping carts.

G. Marketing Information

If you interact with our marketing, we may process information including:


  • Email marketing subscription status;

  • SMS marketing subscription status;

  • Marketing preferences;

  • Email opens and clicks where technically available;

  • SMS interactions;

  • Advertising interactions; and

  • Information used to measure or improve marketing performance.

H. Customer Service Communications

If you contact us, we may process:


  • Your message;

  • Email correspondence;

  • Order-related questions;

  • Complaints;

  • Return requests;

  • Photographs you provide;

  • Refund-related communications; and

  • Other information voluntarily submitted to customer service.

4. HOW WE COLLECT PERSONAL INFORMATION

We may collect personal information:

Directly from you

For example, when you:


  • Place an order;

  • Enter information at checkout;

  • Contact customer service;

  • Request a return;

  • Subscribe to email or SMS marketing;

  • Create an account; or

  • Otherwise provide information to us.

Automatically

Certain information may be collected automatically when you visit or interact with our website through cookies, pixels, tags, server logs, and similar technologies.

From service providers and business partners

We may receive information from companies that help us operate our store, process payments, fulfill orders, provide analytics, deliver advertising, prevent fraud, or communicate with customers.

5. HOW WE USE PERSONAL INFORMATION

We may use personal information for purposes including:

Providing our services

Including to:


  • Process purchases;

  • Process payments;

  • Confirm orders;

  • Fulfill and ship orders;

  • Provide tracking information;

  • Process returns and refunds;

  • Communicate about orders; and

  • Provide customer support.

Operating and improving our website

Including to:


  • Maintain website functionality;

  • Understand how visitors use the website;

  • Diagnose technical issues;

  • Improve website performance;

  • Improve the shopping experience; and

  • Develop or improve our products and services.

Security and fraud prevention

Including to:


  • Authenticate transactions;

  • Detect suspicious activity;

  • Prevent fraud;

  • Protect accounts;

  • Protect our website and systems; and

  • Enforce applicable terms and policies.

Marketing and advertising

Subject to applicable legal requirements and your choices, we may use personal information to:


  • Send promotional emails;

  • Send promotional SMS messages;

  • Send abandoned-cart communications;

  • Personalize marketing;

  • Measure advertising performance;

  • Create or use advertising audiences;

  • Measure conversions; and

  • Deliver or support interest-based or targeted advertising.

Legal and compliance purposes

We may process personal information where reasonably necessary to:


  • Comply with applicable law;

  • Maintain business and tax records;

  • Respond to lawful requests;

  • Establish, exercise, or defend legal claims;

  • Protect our rights; and

  • Prevent unlawful activity.

6. LEGAL BASES FOR PROCESSING

Where the General Data Protection Regulation (“GDPR”) or another law requiring a legal basis applies, we rely on one or more appropriate legal bases depending on the processing activity.

These may include:

Performance of a contract

We process information where necessary to enter into or perform a contract with you, such as processing an order, arranging delivery, or handling a return.

Legal obligations

We may process information where necessary to comply with legal obligations, including applicable accounting, tax, consumer protection, or regulatory requirements.

Legitimate interests

We may process information where necessary for our legitimate business interests, provided those interests are not overridden by your applicable rights and freedoms.

Such interests may include:


  • Operating and improving our business;

  • Providing customer service;

  • Securing our systems;

  • Preventing fraud;

  • Understanding business performance; and

  • Certain forms of marketing or analytics where legally permitted.

Consent

Where required, we may rely on your consent, including for certain marketing communications, cookies, advertising technologies, or other processing activities.

Where processing is based on consent, you may withdraw your consent at any time. Withdrawal does not affect processing lawfully carried out before consent was withdrawn.

7. COOKIES AND SIMILAR TECHNOLOGIES

We and service providers acting on our behalf may use cookies, pixels, tags, and similar technologies.

These technologies may be used for:


  • Essential website functionality;

  • Shopping cart functionality;

  • Checkout;

  • Security;

  • Remembering preferences;

  • Analytics;

  • Advertising;

  • Conversion measurement; and

  • Marketing personalization.

Some technologies are necessary for the website to function, while others may be used for analytics or advertising.

Where required by applicable law, non-essential technologies will be subject to applicable consent or opt-out mechanisms.

For additional information, please see our separate Cookie Policy.

8. ANALYTICS AND ADVERTISING

We currently use technologies and services that may support website analytics, advertising, marketing attribution, and conversion measurement.

These include technologies associated with:


  • Meta advertising;

  • Google Analytics;

  • Google advertising; and

  • Other functionality necessary to measure and improve our marketing.

Depending on configuration, these technologies may process information such as:


  • IP address;

  • Device information;

  • Browser information;

  • Website activity;

  • Pages viewed;

  • Products viewed;

  • Cart activity;

  • Checkout activity;

  • Purchase events; and

  • Advertising interactions.

Information processed through advertising technologies may be used to measure campaigns, understand customer interactions, build or use advertising audiences, or support targeted advertising.

Under certain U.S. state privacy laws, some disclosures of personal information for targeted or cross-context behavioral advertising may be legally characterized as a “sale,” “sharing,” or processing for “targeted advertising,” even when no money is exchanged for the personal information.

We do not describe such practices as a sale of your personal information for money.

Where applicable law provides an opt-out right, eligible consumers may exercise that right as described below.

9. EMAIL MARKETING

If you subscribe to promotional email communications, we may use your contact information to send you information about:


  • New products;

  • Collections;

  • Promotions;

  • Offers;

  • Brand updates; and

  • Other marketing communications.

You may unsubscribe from promotional emails at any time by using the unsubscribe mechanism included in the marketing email.

Unsubscribing from promotional email does not prevent us from sending non-promotional communications that are necessary in connection with your transactions, such as order confirmations, shipping notifications, security messages, or customer-service communications.

10. SMS MARKETING

Where available and where you have provided the consent required by applicable law, we may send promotional or automated SMS/text messages to the telephone number you provide.

Marketing consent is not a condition of purchasing products from VIVIA NEW YORK.

Message frequency may vary.

Message and data rates imposed by your mobile carrier may apply.

You may withdraw from promotional SMS communications using the opt-out instructions provided with the applicable messages, including by replying STOP where that functionality is supported.

Transactional or service-related messages may be treated separately where permitted by applicable law.

11. ABANDONED-CART COMMUNICATIONS

Where permitted by applicable law and consistent with your marketing preferences, we may use information about your shopping activity to remind you about products left in your shopping cart or an incomplete checkout.

These communications may be sent by email or, where the necessary consent has been obtained, by SMS.

You may opt out of promotional communications using the methods provided in the applicable message.

12. HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose personal information to categories of recipients that help us operate our business.

These may include:

E-commerce and website service providers

Providers that host, support, secure, or provide functionality for our online store.

Payment providers

Providers that process or facilitate payments and help detect fraudulent transactions.

Fulfillment, shipping, and logistics providers

Parties involved in preparing, shipping, tracking, or delivering orders.

Analytics providers

Providers that help us understand website traffic, customer interactions, and store performance.

Advertising and marketing providers

Providers that help us deliver, measure, optimize, or personalize advertising and marketing.

Communications providers

Providers that help us send email, SMS, customer-service, and other communications.

Professional advisers

Where necessary, information may be disclosed to accountants, lawyers, insurers, consultants, and other professional advisers.

Authorities and legal recipients

We may disclose information where reasonably necessary to comply with applicable law, legal proceedings, lawful government requests, or to protect legal rights.

Business transactions

If our business is involved in a merger, acquisition, financing, restructuring, sale of assets, or similar transaction, personal information may be disclosed as part of that process, subject to applicable legal requirements.

13. SERVICE PROVIDERS USED BY OUR STORE

Our store currently uses third-party services for functions including:


  • E-commerce infrastructure;

  • Payment processing;

  • Analytics;

  • Advertising;

  • Marketing communications; and

  • Customer communications.

These currently include services provided through our commerce platform and payment infrastructure, as well as advertising, analytics, and marketing communication technologies.

These third parties may process information in accordance with their roles, contractual arrangements, and applicable privacy laws.

Some third parties may act as processors or service providers on our behalf, while others may independently determine certain purposes and means of processing.

14. SALE, SHARING, AND TARGETED ADVERTISING

We do not sell personal information in exchange for money as part of our ordinary business model.

However, we use advertising and analytics technologies that may involve disclosure of identifiers, device information, internet or network activity, and shopping activity to advertising or analytics providers.

Depending on the applicable U.S. state privacy law, certain of these activities may be considered:


  • “Sale” of personal information;

  • “Sharing” of personal information;

  • Targeted advertising; or

  • Cross-context behavioral advertising.

Where applicable law gives you the right to opt out of these activities, we will provide or support an applicable method for exercising that right.

15. GLOBAL PRIVACY CONTROL AND OPT-OUT PREFERENCE SIGNALS

Certain jurisdictions recognize browser-based opt-out preference signals, including the Global Privacy Control (“GPC”).

Where we are legally required to recognize such a signal and our systems receive a legally valid signal, we will process it in accordance with applicable law.

The effect of an opt-out preference signal may depend on the browser, device, configuration, and applicable legal requirements.

16. U.S. STATE PRIVACY RIGHTS

Depending on your state of residence, the nature of our processing, and whether the applicable privacy law applies to VIVIA NEW YORK, you may have certain privacy rights.

These may include the right to:


  • Confirm whether we process your personal information;

  • Access or know certain personal information we maintain about you;

  • Request correction of inaccurate personal information;

  • Request deletion of certain personal information;

  • Obtain a portable copy of certain personal information;

  • Opt out of certain sales of personal information;

  • Opt out of certain sharing or targeted advertising;

  • Opt out of certain profiling where applicable;

  • Limit certain uses of sensitive personal information where applicable;

  • Appeal certain decisions regarding privacy requests where applicable; and

  • Exercise applicable rights without unlawful discrimination.

These rights are not identical in every state and may be subject to legal exceptions.

We will apply rights and exceptions according to the law applicable to the particular request.

17. HOW TO EXERCISE YOUR PRIVACY RIGHTS

To submit an applicable privacy request, contact:

support@vivianewyork.com

Please clearly state that your request concerns your privacy rights and describe the right you wish to exercise.

We may need to verify your identity before fulfilling certain requests.

Verification information will be used for the purpose of processing the request and protecting personal information from unauthorized access or deletion.

Where applicable law permits an authorized agent to submit a request on your behalf, we may require appropriate evidence that the agent is authorized to act for you and may separately verify your identity where permitted.

If applicable law gives you a right to appeal our decision concerning a privacy request, we will provide information about the appeal process when responding to the request.

18. GDPR PRIVACY RIGHTS

Where the GDPR applies to our processing, you may have rights including, subject to applicable conditions and exceptions:


  • The right of access;

  • The right to rectification;

  • The right to erasure;

  • The right to restriction of processing;

  • The right to data portability;

  • The right to object to certain processing;

  • The right to withdraw consent where processing is based on consent; and

  • Rights relating to certain automated decision-making where applicable.

You also have the right to lodge a complaint with a competent data protection supervisory authority.

If you wish to exercise a GDPR right, contact:

support@vivianewyork.com

19. RETENTION OF PERSONAL INFORMATION

We retain personal information for no longer than reasonably necessary for the purposes for which it was collected or subsequently lawfully processed.

The appropriate retention period may depend on factors including:


  • The nature of the information;

  • The purpose for which it was collected;

  • Our contractual obligations;

  • Accounting and tax requirements;

  • Fraud-prevention requirements;

  • Legal limitation periods;

  • Regulatory obligations; and

  • The need to establish, exercise, or defend legal claims.

Different categories of information may therefore be retained for different periods.

When personal information is no longer required, we may delete, anonymize, or otherwise dispose of it in accordance with applicable requirements.

20. INTERNATIONAL DATA TRANSFERS

Because VIVIA NEW YORK operates an international online commerce infrastructure and uses third-party technology and service providers, personal information may be processed in countries other than the country where you reside.

This may include processing in the United States, countries within the European Economic Area, and other jurisdictions in which our service providers or their infrastructure operate.

Where applicable law requires safeguards for international transfers of personal information, we will use appropriate mechanisms or safeguards as required.

21. SECURITY

We take reasonable technical and organizational measures designed to protect personal information against unauthorized access, disclosure, alteration, loss, misuse, or destruction.

However, no method of transmission over the internet and no electronic storage system can be guaranteed to be completely secure.

Customers should also take reasonable steps to protect their account credentials and devices.

22. CHILDREN'S PRIVACY

Our online store is intended for a general consumer audience and is not directed to children under the age of 13.

We do not knowingly seek to collect personal information directly from children under 13 through the store.

If we become aware that personal information has been collected from a child in circumstances where parental consent or another legal basis was required, we will take appropriate steps in accordance with applicable law.

23. DO NOT TRACK

Some web browsers offer a “Do Not Track” setting.

Because there is not one universally accepted technical standard for responding to all Do Not Track signals, our website may not respond to traditional Do Not Track signals in a uniform manner.

This is separate from legally recognized opt-out preference signals, such as Global Privacy Control, which we address as described above where applicable law requires us to do so.

24. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes in:


  • Our business practices;

  • Technology;

  • Service providers;

  • Legal requirements;

  • Regulatory requirements; or

  • Other operational circumstances.

When we update this Privacy Policy, we will revise the “Last Updated” date at the top of the policy.

Where required by applicable law, we may provide additional notice regarding material changes.

25. CONTACT US

For questions about this Privacy Policy, our privacy practices, or to submit an applicable privacy request, please contact:

VIVIA NEW YORK

Website: vivianewyork.com
Email: support@vivianewyork.com
Customer Service Hours: Monday through Sunday, 9:00 AM–5:00 PM, New York local time (Eastern Time)
Target Response Time: Within 24 hours