INTRODUCTION

Welcome! You have arrived at a website operated by Heyviva Inc. (“Heyviva”, “us”, “our”, and “we”). We believe women deserve garments that are just as comfortable as they are effective — without ever sacrificing style. Our goal is to embolden women of all shapes and sizes through high-quality clothing and shapewear that can be worn with pride. At Heyviva, we take your privacy very seriously. This Privacy Notice (“Notice”) informs you how we handle privacy matters and collect, use and share your Personal Information (as defined below).

SCOPE

This Notice applies when you use or access the website www.heyviva.com, and its subdomains or portals (the “Site”) or otherwise provide Personal Information or interact with us online or in-person. For the purpose of this Privacy Notice, "Personal Information" means any personal information relating to an identified or identifiable individual that is protected by applicable privacy laws. We refer to all of the above as “Services.” By using the Services, you agree to our Terms of Service.

Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that Personal Information is necessary to provide you with the Services or if we are legally required to collect it.

If you have any questions about this Privacy Notice, please contact us at support@heyviva.com.

WHAT INFORMATION WE COLLECT

This section describes what information we collect from you through our Site and Services. We may receive information (including Personal Information) in the following ways:

INFORMATION THAT YOU PROVIDE TO US

As you interact with our Site and Services, we collect Personal Information as follows:

Account registration. Includes contact and account information such as your first and last name, email address, home or business address, shipping address, telephone numbers, mobile numbers, and passwords;

Financial information. Includes credit card or debit card number, bank account information and your payment, service, and purchase history;

Body measurements. Includes height, weight, waist size, hip size, cup size, and others;

Employment information. Includes current or past employment or educational information;

Social media information. Includes social media handles, content, and other data shared with us through third-party features that you use on our Site and other service (such as tools, payment services, widgets and plug-ins offered by social media services like Facebook, Instagram, Twitter, Pinterest and YouTube) or posted on social media pages (such as our social media page or other pages accessible to us); and/or

Other information. Includes information that you share via the chat function on the Site (please note that we do not collect consumer information via the Site’s online chat or Contact Us function unless you provide it), or any other information that could reasonably be used to identify you personally or identify your household or device.

We may also obtain Personal Information from you where you expressly provide us with the information. Examples of sources from which we collect information include telephone calls with you, letters, e-mails or other communications from you, information provided via online chat or support services, web forms or inputs/uploads into our Site, documents you have provided to us, or references and referrals provided to us in connection with your employment applications.

Your decision to provide us with Personal Information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all the features of the Site or our Services. 

INFORMATION THAT IS AUTOMATICALLY COLLECTED

Like many businesses, we and/or our service providers may automatically collect and/or store certain information when you visit or interact with the Site and Services (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site. Usage Information may include:

Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;

Your Device functionality (including browser, browser language, settings and behavior, operating system, hardware, mobile network information);

Referring and exit web pages and URLs;

The areas within the Site that you visit and your activities there, including remembering you and your preferences;

Your Device location or other location information, including the zip code, state, or country from which you accessed the Services;

Your Device characteristics;

Certain other Device data, including the time of day you visit our Site or other information used to provide analytics or other usage information;

Information about your engagement with our emails; and

Statistical information about how both unregistered and registered users, collectively, use the Site and Services. This aggregate information is derived from Personal Information but cannot be tied back to you or your web browser.

For location information, some of our Services may include features based on users’ actual locations and may report on users’ current locations (“Location-Based Services”). To the extent you use any Location-Based Services, we may collect and store information about your location at the time you use those Location-Based Services (in addition to some automatically collected geolocation data). This information can come from a variety of sources depending on the device you use to access the Services; for example, a mobile phone may report its GPS location at the time Location-Based Services are used.

If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, content, promotions, or products may be limited or disabled.

INFORMATION COLLECTED FROM THIRD PARTIES

The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we might obtain information about the traffic and usage of Heyviva from third parties. We might also provide links to facilitate sending a communication from the Site, or we may use third parties to facilitate emails or postings to social media (like a “Share” or “Forward” button). These third parties also use cookies and other tracking technologies to capture information about your interactions with Heyviva.

In addition, Heyviva works with survey-takers to gather information about your experience with us after you have made a purchase.

Heyviva does not have control over the information that is collected, used, and shared by these third parties. We encourage you to review the privacy statements of these third parties to understand their privacy practices.

HOW WE USE YOUR INFORMATION

We may ask you to provide Personal Information for the following reasons:

To respond to requests for information about Heyviva and our Services, we may ask you for contact information such as your name, email address, and phone number;

To provide products and services to you;

To help you register for an account with Heyviva;

To verify your identity and to prevent fraud;

To process your payments;

To provide you with marketing communications about Heyviva and our Services such as emails or text messages through our SMS/MMS Mobile Messaging Marketing Program;

To participate in our referral program;

To provide you with updates and other information about Heyviva and our Services;

To administer and allow you to participate in Heyviva sweepstakes, promotions, contests or surveys. When participating in surveys, any information you provide in the comments field will be shared with us, so please do not include any sensitive personal information or other information you do not wish to share;

To evaluate your application for employment or administering employment benefits;

To improve the effectiveness of our Site and Services;

To protect the security and integrity of our Site and Services;

To comply with the law and protect the safety, rights, property, or security of Heyviva and the general public; and

For other purposes disclosed at the time you provide your Personal Information or as otherwise set forth in this Notice.

USE OF COOKIES

We use cookies and other tracking technologies to personalize your experience, analyze user trends, and improve the Services. These tracking technologies allow us to collect information such as your device type, browser type, interactions with our Site, geographic location, your web request, the date and time of your web request, your Internet Protocol address, the domain name of your Internet service provider and other data. If you can be identified from this information, for example by combination with other pieces of information, then we will treat this information as Personal Information.

You can alter the configuration of your browser to refuse to accept cookies, but it is possible that doing so may cause limited functionality of the Site. For example, we may not be able to recognize your computer or device, and you may need to log in every time you visit.

We may use “cookies” (a small text file sent by your computer each time you visit our site) or similar technologies to record log data. Many browsers default to accepting cookies. You may be able to change this setting in your browser and you can also clear your cookies. If you do, you may lose some functionality of our site. Check your browser’s help function to learn more about your cookie setting options.

We may use the following types of cookies:

Advertising and analytics

Essential cookies

Functionality cookies

Social Media cookies

Advertising cookies

We might also use a pixel tag which is a small graphic file that allows us and third parties to monitor the use of the site and provide us with information based on your interaction with the site. These tags may collect the IP address from the device which you loaded the page, the browser type. Pixel tags are also used by our third parties to collect information when you visit our site, the links and other actions you take on our site, and we may use this information in combination with cookies to display targeted advertisements.

Other data technologies may be used that collect comparable information for security and fraud detection purposes.

If you have any questions about cookies or to generally find out more about cookies, visit this site.

YOUR CHOICES

We allow you to manage which cookies are saved by visiting the “Cookie settings” link in the footer of https://www.heyviva.com.

Alternatively, on most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Internet Explorer

Mozilla Firefox

Google Chrome

Apple Safari

Note, however, that if you reject our request to use cookies or turn cookies off, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site. To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org, and/or www.youronlinechoices.com. 

DO NOT TRACK

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites and platforms. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally agreed-upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here.

COMMUNICATION PREFERENCES

To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from us if your computer supports such capabilities. You can opt-out of receiving emails from us at any time. To manage your communications preferences with heyviva — or to opt-out of communications entirely — please unsubscribe at the bottom of our emails or contact us at support@heyviva.com.

ANALYTICS

We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en. You can also opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

HOW WE SHARE YOUR INFORMATION

SERVICES PROVIDERS

We share your Personal Information with our third-party service providers who provide services such as website hosting, payment processing, online chat functionality, data analysis, information technology, customer service, email delivery, online advertising, auditing, and other services. We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

THIRD-PARTY ADVERTISING

We share information about your use of our Site and Services, your purchases, and your interaction with our ads on other websites with our advertising partners to provide you with targeted advertisements or marketing communications we believe may be of interest to you. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt-out of targeted advertising by visiting the following:

Facebook - https://www.facebook.com/settings/?tab=ads

Google - https://www.google.com/settings/ads/anonymous

Bing - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

OTHER

Aside from the instances described above, we will only share your personal information:

to comply with the law;

to respond to claims or comply with legal process served on Heyviva (e.g., a lawful subpoena, warrant, or court order);

to enforce or apply our policies or agreements;

to protect and defend our rights or property or that of our customers, employees, visitors, or the public;

in connection with a business transfer, sale, liquidation, or merger;

if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure; and

with your consent.

THIRD-PARTY LINKS

Our Site may contain links to other websites such as social media platforms, other websites, and event and partner websites. These websites are not covered by this Privacy Notice. Please review the Privacy Notices or Policies of those websites to understand the privacy practices of these third parties.

INTERNATIONAL TRANSFERS OF DATA

This Site is operated in the United States. If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States. By using this Site and providing us with information, you consent to this transfer, processing, and storage of your information in the United States. It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as those in the European Union (“EU”). We will require our service providers to use appropriate safeguards, such as having standard contractual clauses in place, when transferring your Personal Information to the United States.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Where we have given you (or where you have chosen) a password so that you can access certain areas of our site, you are responsible for keeping this password confidential. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us at support@heyviva.com.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE MOBILE MESSAGING PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION

This section of our Privacy Notice applies if you are a data subject who resides or is located in the European Economic Area (“EEA”). We adopted this Policy to comply with European privacy laws, including the General Data Protection Regulation (“GDPR”). Any terms defined in the GDPR have the same meaning when used in this Section. In most instances, Heyviva is the data controller for processing Personal Information provided to us through the Site.

We hope to ensure that the Personal Information we possess are always accurate and therefore we encourage you to update your information in your own account in case any changes have occurred. We have listed below the rights that you may be able to exercise in respect of the processing of your Personal Information, subject to applicable law. We take every reasonable step to ensure that the Personal Information that we process are limited to the Personal Information that are reasonably required in connection with the purposes set out in this Privacy Notice.

If you are a resident of or located within the EEA, you have certain data protection rights. These rights include:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information by contacting us at the contact information below.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Information.

The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where Heyviva relied on your consent to process your Personal Information.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION

We rely on the following legal bases for processing your Personal Information:

Processing of your Personal Information that you provide to us when you interact with our Services, such as commenting in our community blog, watching our videos or making a purchase, is necessary to respond to or implement your request prior to entering into a contract (to complete your purchase) with us such as outlined in the Heyviva Terms of Service.

When you apply for employment through our Site, processing of your contact details and data about your employment history and education (as needed to evaluate your job application, to conduct job interviews, and as is otherwise needed for recruitment) is necessary to respond to your request to process your application for employment. If you do not provide this data, we will not be able to process the application that you send through our Site.

We use account-related data to set up accounts for users in our platform and to administer and support those accounts (such as usernames, email address and billing information), provide you with access to the Services, contact you regarding your use of the Services or to notify you of important changes to the Services. Such use is necessary for the performance of the contract between you and us.

We will send you information by email on our new services or other promotions only with your consent or if you otherwise opt-in to receiving those communications. If you do not provide us with your consent to the processing of your Personal Information for this purpose, we will not send you this information. You have the right to withdraw your consent at any time as described below.

Our use of data relating to your use of the Site and/or the Services, described above, is necessary for our legitimate interests in understanding how the Site and the Services are being used by you, to improve your experience on it and our Services offerings. We have also a legitimate interest in aggregating and/or anonymizing the information that we collect through our Site and/or the Services and using this information for our business purposes, as described above. When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests, as further described below.

RETENTION OF PERSONAL INFORMATION

Heyviva will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

All information you provide to us is stored on our secure servers or those of our third-party data storage providers.

EXERCISING YOUR RIGHTS UNDER GDPR

If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the contact details below. You may make a request related to your Personal Information or on behalf of someone for which you have authorization. You must include your full name, email address, and attest to the fact that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA in order to obtain the information. We will respond to your request within 30 days or let you know if we need additional time.

Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.

Should you wish to raise a concern about our use of your data (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of your Personal Information first by contacting us as follows:

Online: Personal Data Request Online Form

 

YOUR CALIFORNIA PRIVACY RIGHTS

This section of our Privacy Notice applies to consumers who reside in California. We adopt this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”). We do not “sell” your Personal Information to any third parties.

If you are a California resident, you may be able to exercise the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law.

RIGHT TO ACCESS AND INFORMATION REGARDING PERSONAL INFORMATION

You have the right to request that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:

The categories of Personal Information we have collected about you;

The categories of sources from which the Personal Information is collected;

Our business or commercial purpose for collecting or selling Personal Information;

The categories of third parties with whom we share Personal Information;

The specific pieces of Personal Information we have collected about you;

The categories of Personal Information about you, if any, that we have disclosed for monetary or other valuable consideration and the categories of third parties to which we have disclosed the information, by category or categories of Personal Information for each third party to which we disclosed the Personal Information; and

The categories of Personal Information about you that we disclosed for a business purpose.

RIGHT TO DELETION OF PERSONAL INFORMATION

You have the right to request that we delete Personal Information about you that we have collected from you. There may be certain exceptions to our obligation to delete your information such as if you have an existing account or transaction with us or if we have a legitimate business reason to keep your information.

RIGHT TO OPT-OUT

You have the right to opt-out of the sale of Personal Information. However, Heyviva does not sell your Personal Information.

RIGHT TO NON-DISCRIMINATION

We may not discriminate against you because you have exercised any of the aforementioned rights, including by:

Denying you goods or services;

Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

Providing you a different level or quality of goods or services; or

Suggesting that you will receive a different price or rate for goods or services or at a different level or quality of goods or services.

However, as permitted by the CCPA, we may offer you certain financial incentives by signing up for our newsletter, completing one of our surveys, or referring a friend to us. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

PERSONAL INFORMATION WE COLLECT ABOUT CALIFORNIA CONSUMERS

We collect certain types of Personal Information about you during your relationship with us, as stated above. In particular, we collected the following categories of Personal Information from California consumers within the last twelve (12) months:

Category of Personal Information Collected		Collected (Yes/No)	Sources of Personal Information Collected
Identifiers such as name, address, email address, phone number, unique id, and other identifiers listed in the Personal Information Collected section above.		Yes	You, Automatically, Third Parties
The following categories of personal information described in California Civil Code §1798.80(e): (1) the personal information listed in the preceding bullet point as “identifiers,” and (2) the other information that identifies, relates to, describes, or is capable of being associated with a particular individual that we describe in “Information We Collect” above.		Yes	You, Automatically, Third Parties
Characteristics of protected classifications under California or federal law list any of these that you collect: race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.		Yes	You
Commercial information, including information about orders or purchases of any of our products or services; registration information, specials, and information you provide or submit to us when you participate in any event, program, contest, survey, or other promotion that we may offer from time to time.		Yes	You, Automatically, Third Parties
Biometric Information.		Yes	You
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our websites, mobile apps, or Heyviva pages or accounts on any third-party social media platforms.		Yes	Automatically
Geolocation data.		Yes	Automatically
Audio information from calls placed with customer service and accounting centers which may be reported, and electronic information in the form of Internet or other electronic network activity information described above.		Yes	Automatically
Professional or employment-related information		Yes	You, Automatically, Third Parties
Education information		No	N/A
Inferences drawn from (1) the information we collect when you visit our websites, tools, widgets and plug-ins, (2) information we collect, including through third-party suppliers, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumers preference and behavior that we collect on our websites and mobile apps or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.		Yes	Third Parties

REQUESTS TO EXERCISE YOUR RIGHTS

You or your authorized agent may make a request to access, correct, delete, or opt-out of the disclosure of your Personal Information for business purposes. You may also make a verifiable consumer request on behalf of your minor child if you believe we have received their information inadvertently. You may request to exercise the aforementioned rights by:

Submitting a request via our online form: Personal Data Request Online Form

Submitting a request to support@heyviva.com

Please note that we may take steps to verify your identity and residency before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. If you use an authorized agent, we may require proof of written authorization you have given to make the request. We may limit our response to your exercise of the above rights as permitted by law. We will confirm receipt of the request within 10 business days describing our verification process. We will respond to your request within 45 days or let you know if we need additional time.

DATA SHARING FOR DIRECT MARKETING PURPOSES

California Civil Code § 1798.83 further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us at support@heyviva.com.

CHILDREN’S PRIVACY

Our Site and Services are not directed at children under 16 years of age, and we do not knowingly collect or receive Personal Information from them. If we learn that we have received Personal Information from a child who is under 16, we will delete the data. If you believe that we have received Personal Information from a child under the age of 16, you may contact us at support@heyviva.com to request deletion of that information.

CHANGES TO THIS PRIVACY NOTICE

We may change this Privacy Notice at any time. We will post all changes to this Privacy Notice on this page and will indicate at the top of the page the modified notice's effective date. We, therefore, encourage you to refer to this page on an ongoing basis so that you are aware of our current privacy notice. If required by the applicable law, we will notify you of the changes. By continuing to use the Site and/or the Services or providing us with information following such a replacement Notice being uploaded, you agree that you will be deemed to have agreed to be bound by the Privacy Notice as changed.

CONTACT US

If you have any questions or suggestions regarding this Privacy Notice, please contact us at:

Contact Info

• Email: support@heyviva.com
• Tel:+86 185-8680-0088
• Address:1301F, BAK Technology Building, No. 9, Research Road, Maling Community, Yuehai Street, Nanshan District, Shenzhen, Guangdong Province
• Service Time:Monday to Saturday:9:00am - 6:00pm (EST)