Privacy Policy

This privacy policy contains important information about your rights in connection with the processing of your personal data, as well as the legal basis on which the personal data collected on this website is processed.

Responsible according to GDPR Article 4 (1) No. 7

SHAPING NEW TOMORROW USA INC.
875 North Michigan Avenue, Suite 3950
Chicago, IL 60611
United States
info@shapingnewtomorrow.com
+1 888-617-5622

Data processing activities on this website

1. Data collection and processing when accessing our website

1.1. Purpose, Legal Basis and Legitimate Interest

When you access our website as a guest (i.e., if you do not register or otherwise submit information), information of a general nature is automatically collected and recorded in the server log files. This information includes the type of web browser used, the operating system used, the domain name of your Internet service provider, your IP address, and other similar identifying information. This information is collected and processed primarily for the following purposes: (i) Ensuring a smooth connection setup of the website, (ii) Ensuring smooth use of our website, (iii) Evaluation of system security and stability, and (iv) Optimization of our website.

Processing takes place in accordance with GDPR Article 6 (1) lit. f based on our legitimate interest in improving the stability and functionality of our website and ensuring system security and detecting misuse.

1.2. Recipients of the Data

We use third-party service providers for the operation and maintenance of our website, these service providers process and collect data from our customers. All of our service providers are contractually obliged to treat your data confidentially.

1.3. Data Storage/Retention Period

Personal Identification Data is stored in server log files for a maximum of 14 days; unless a security-related event occurs (e.g. a DDoS attack). In the event of such an occurrence, server log files are stored until the security-related event has been fully investigated and resolved.

1.4. Necessary for the Proper Performance of the Website

The collection and processing of the aforementioned personal data is neither legally nor contractually required. However, without the collection of general information such as the user's IP address and cookie identifier, the service, and functionality of our website are not guaranteed. Which could result in individual services and features being unavailable or restricted.

1.5. Objection to Data Collection

You may submit your objection informally with the subject line "Objection," providing your name, address, or other identifying information to info@shapingnewtomorrow.com or you can contact us by phone +1 888-617-5622.

2. Data collection and processing when accessing our social media channels

2.1. Purpose, Legal Basis and Legitimate Interest

We provide company profiles on social networks such as Facebook, Instagram, etc. Through these platforms, we have the opportunity to present ourselves. When our fan pages are accessed, so-called insights data is collected. This is anonymized data that allows us to view statistical evaluations of the use by visitors of our fan pages. Additional data that is collected by Facebook and Instagram can be viewed here:

When Facebook insights data is collected, personal data is also processed. The provider and fan page operator are jointly responsible for processing this data within the scope of GDPR Article 26. Insofar as your personal data is processed/collected by us when visiting the fan page (evaluation of fan page visits and communication), the permissibility of this processing for us is governed by GDPR Article 6 para. 1 f) (legitimate interest in market presence). The agreement with Facebook can be viewed here: https://www.facebook.com/legal/terms/page_controller_addendum

For other social networks, there is also joint responsibility within the scope of GDPR Article 26.

2.2. Recipients of the Data

If you access our company profiles on third-party websites, the respective provider processes your personal data collected when you visit their website.

2.3. Data Storage/Retention Period

The storage/retention period may vary depending on the conditions and settings you have selected when using the specific providers' website, which you accessed our company profile through.

2.4. Transfer to Third Countries

To protect your data in the USA, we have included standard contractual clauses of the European Commission with Meta.

2.5. Provision Required or Necessary

You are free to choose to visit our company profiles on third-party websites or to inform yourself through our own website.

2.6. Objection to Data Collection

2.7. Profiling

Your activities on our company profiles through third-party websites are subject to evaluations of your user behavior. This can be used by us or third parties to provide personalized advertising or marketing.

3. Newsletter Subscription

3.1. Purpose and Legal Basis

Your data will be used to send you the subscribed newsletter via email and to analyze how you use the newsletter and any linked content. Providing your name is necessary to personally address you in the newsletter. In addition, we offer a newsletter variant that allows you to answer questions about your interests by means of games and participate in a raffle.

We use the "double opt-in" (DOI) procedure for online registrations to verify that a registration is actually done by the owner of the associated email address. This means that after you register for our newsletter, you will receive a follow-up email, which will require you to reconfirm your newsletter registration.

The following data is also stored during the DOI confirmation procedure:

Location, date, and time of registration
IP address
Email address
First name

3.1.1. By registering for the newsletter, you are consenting to the collection of the data identified above.

3.2. Recipients of the Data

We use third-party service providers for the collection, processing, analysis, and delivery of data from our customers through our website, these service providers are contractually obliged to treat your data confidentially.

3.3. Storage/Retention Period

Data is stored in this context only as long as the corresponding consent is given.

3.4. Provision of Information is Not Required or Necessary

The provision of your personal data for this purpose is voluntary, and solely based on your consent. You are free to withdraw your consent at any time, without consequence, as indicated below. However, without your consent, we cannot send you our newsletter.

3.5. Revocation of Consent

You can revoke your consent to the storage of your personal data and its use for newsletter delivery at any time. Each newsletter contains a corresponding link for this purpose. In addition, the revocation can be made by contacting Customer Service by email at info@shapingnewtomorrow.com or by phone +1 888 617 5622.

3.6. Transfer to Third Countries

To protect your data in the USA, we have included a data processing agreement ("Data Protection Addendum") based on the standard contractual clauses of the European Commission with Klaviyo to enable the transmission of your personal data to Klaviyo. This data processing agreement can be viewed and accessed at the following link: https://www.klaviyo.com/privacy/dpa.

3.7. Profiling – How Data Is Used

We analyze and evaluate your use of the newsletters we send to you, including links viewed and interest in featured products, and subsequent visits to the website in order to further improve web offerings and personalize your newsletter for a better user experience.

4. Customer Surveys

4.1. Purpose and Legal Basis

We send electronic surveys to our existing customers. Your survey results are included in an anonymized statistic. They are used to measure your satisfaction with the shopping experience and to improve our products and services in the future.

The legal basis for these processing activities is our legitimate interest in engaging with existing customers and improving products.

4.2. Recipients of the Data

4.3. Storage/Retention Period

Data is anonymized after collection and included in an aggregated overall result. The aggregated overall result does not include any personally identifying information that would allow any conclusions to be drawn about you.

4.4. Provision Required or Necessary

Participation in the survey is not required and is purely voluntary. There are no disadvantages or penalties if you choose not to participate.

4.5. Objection to Data Collection

4.6. Transfer to Third Countries

To protect your data in the USA, we have included a data processing agreement ("Data Protection Addendum") based on the standard contractual clauses of the European Commission with Surveypal to enable the transmission of your personal data to Surveypal. This data processing agreement can be viewed and is accessible at the following link: https://surveypal.com/data-processing-agreement/

5. Analysis and Personalized Advertising

5.1. Purpose and Legal Basis

We analyze user behavior on our Website through the use of analytical tools. A more detailed description of the tools used can be found in our consent management tool provisions of this privacy policy.

The legal basis for these processing activities is your consent, by using our website you are consenting to the tracking and monitoring of your behavior on the Website through the use of analytical tools. The analysis and resulting information is used for customizing the website and displaying personalized advertising to users.

5.2. Recipients of the Data

We use third-party technical service providers and partners who act as our processors, independent controllers, or joint controllers. All service providers and partners are contractually obligated to treat your data confidentially.

5.3. Storage/Retention Period

For a more detailed description of the storage period, please refer to our consent management tool.

5.4. Provision Required or Necessary

The provision for data collection under this section is neither legally nor contractually required. The provision of your data for this purpose is voluntary, and solely based on your consent. You are free to withdraw your consent at any time, without consequence, as indicated below.

5.5. Withdrawal of Consent

You can revoke your consent to the storage and use of your personal data at any time.

5.6. Profiling – How Data is Used

The information you have consented for us to collect under this section is used to analyze your use of the website to further improve the website and display interest-based advertising to you, even beyond our website.

6. Contact via Phone, Messaging, and Chat

6.1. Purpose, Legal Basis, and Legitimate Interest

Our website includes a contact application that allows you to get in touch with us via messaging or chat. If you choose to use this option, the data entered into the input form will be transmitted to us and stored. Additionally, we operate various online presences on third-party social and professional networks, which can be used by users of these networks to interact with us. This communication is subject to the terms and conditions set by the third-party respective platform. We prefer those customers communicate with us directly through our website to avoid third-party access and evaluation of our exchange.

To verify your identity, we conduct data comparison checks. This can be done manually or through automated fraud prevention solutions. The verification enables us to detect fraudsters and securely provide you with confidential information. If the data comparison check is negative, we will request additional information from you that is necessary to verify your identity.

Our website uses Zendesk for the integration of contact forms and forwarding your inquiries to us. The use of Zendesk is optional. If you do not agree to Zendesk's collecting of your data, we offer alternative contact options for submitting service inquiries by phone or mail.

The following data is collected and stored when an electronic inquiry is processed through our system:

Contact details;
Reason for the inquiry and concerns;
Date and time of the inquiry; and
URL from which the inquiry was made.

The following data is collected and stored when an inquiry is made using the provided telephone number through our system:

log data that includes your phone number and the duration of the call. We do not record conversations as a general practice.

Your data is stored for the purpose of individual communication with you. The processing of data entered into the contact form is based on a legitimate interest in clear identification, preventing fraud, fulfilling our duty protection obligation under relevant state and federal law, and processing your data to enable uncomplicated contact.

Additionally, If you are contacting us to request a quote, then the processing of data entered into the contact form is carried out to perform pre-contractual measures.

6.2. Recipients of the Data

We use Zendesk Inc. for customer service, which acts as our data processor. We also receive support for your phone inquiries from a third-party call center. All of our service providers are contractually obligated to treat your data confidentially. If you use social media to get in touch with us, the communication will be known to the respective provider and subject to their data processing terms.

6.3. Transfer to Third Countries

As part of the processing via Zendesk, data is transferred to the USA. The security of the transfer is regularly ensured through standard contractual clauses and binding corporate rules. If these standard contractual clauses and binding corporate rules are not sufficient to establish an adequate level of security, GDPR Article 49 (1) lit. a can serve as the legal basis.

6.4. Storage/Retention Period

Data will be retained for no more than 6 months after processing the inquiry. If a contractual relationship is established, documents shall be retained in compliance with the relevant legal retention period and will be deleted at the end of the legal retention period.

6.5. Provision Required or Necessary

Providing your personal data is voluntary. However, we can only process your request if you provide us with the required data and the reason for the inquiry.

6.6. Objection to Data collection

7. Account and Order

7.1. Purpose and Legal Basis

Our website allows you to place orders for goods. You can create an account independently of the order or generate one when placing an order. Alternatively, you can proceed with the order without an account as a guest. in order to facilitate the placing of an order, the creation of an account, and management of your account, the following information needs to be collected from you:

Contact information
Delivery address
Payment information
Login & password
Order history
Wishlist contents
User behavior

The collection of the above identified data is solely based on your consent, and is collected, stored, and processed for the purpose of placing orders, account creation and order and account management.

7.2. Recipients of the Data

7.3. Transfer to Third Countries

As part of the processing, data is transferred to third countries. The security of the transfer is regularly ensured through standard contractual clauses and binding corporate rules. If these standard contractual clauses and binding corporate rules are not sufficient to establish an adequate level of security, GDPR Article 49 (1) lit. can serve as the legal basis.

7.4. Storage/Retention Period

We store your data in our systems until the statutory retention periods have expired. These generally amount to 6 or 10 years for proper accounting and tax requirements. If you request the deletion of your account, we will immediately delete data that is not subject to a legal retention period.

7.5. Provision Required or Necessary

The provision of your personal data is necessary. We can only process your order if you provide us with the above identified required information for processing the order. However, creating an account is not mandatory.

7.6. Profiling – How Data is Used

In order to improve the shopping experience for our end users, we aggregate and analyze user behavior data to derive general trends in the use of our shop.

8. Payment Processing

8.1. Purpose and Legal Basis

When you purchase goods from us, we process the payment information collected in this context for the purpose of payment processing. In the context of offering individual payment methods, we collaborate with partner companies. These partner companies are "PayPal" and "Klarna". These partners have their own data protection responsibilities for payment processing.

For payment methods such as credit card via PayPal, direct debit via PayPal, or, if available, "purchase on account" via PayPal, PayPal reserves the right to conduct a credit check. The result of the credit assessment, regarding the statistical probability of payment default, is used by PayPal to decide on the provision of the respective payment method. The credit check may include probability values (so-called score values). If score values are incorporated into the credit assessment result, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, among other things, address data. For further data protection information, including the credit agencies used, please refer to PayPal's Privacy Policy: https://www.paypal.com/us/legalhub/privacy-full

Additionally, we offer you the option to pay for your order through the service Klarna (Invoice & payment in installments). Klarna is an online payment service provider that allows you to make immediate payments online using your bank details, among other options. When making the payment, upon completing the order, you will be redirected to Klarna's website. In deciding on the payment method "purchase on account," Klarna uses not only an address check but also information about your previous payment behavior and probability values regarding future behavior. Klarna calculates these score values based on a scientifically recognized mathematical-statistical procedure. For this purpose, Klarna also uses address data. For details regarding the processing of your data by Klarna, please refer to Klarna's Privacy Policy at: https://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_us/privacy

Additionally, we also accept the following payment methods:

Credit Card (American Express, Visa Card, Master Card, Discover)
Google Pay
Apple Pay

To use any of the aforementioned partner services, we need to transmit details of your purchase to the partner companies. This information includes:

The delivery address;
Order details; and
Contact information.

By placing an order through our website, you authorize and agree to the transmission of payment data to third-party service providers for the purpose of payment processing. The processing and collection of the data described in this section is carried out to perform contractual measures between you and the respective payment service provider.

8.2. Recipients of the Data

The recipients are the aforementioned payment service providers.

8.3. Storage/Retention Period

We store your data in our systems until the statutory retention periods have expired. These generally amount to 6 or 10 years for proper accounting and tax requirements.

8.4. Provision Required or Necessary

The provision of your payment data is required and necessary. We can only process your order if you make the payment.

8.5. Automated Decision-Making

Depending on the payment method you choose, your purchase may be subject to automated decision-making regarding your creditworthiness. If you select a payment method that results in the direct payment of the goods, no credit check will be performed.

9. Use of Cookies and Trackers on this Website

9.1. General Information

To make your visit to our website attractive and to enable the use of certain functions, we and certain third parties use cookies on our website. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of your browser session, i.e., when you close your browser (so-called session cookies). Other cookies remain on your device and allow us or our partner companies to recognize your browser during your next visit (so-called persistent cookies). In addition to cookies, we and certain third parties can identify you through other technologies, such as tracking pixels that inform us about your page views or browser fingerprinting, which identifies you uniquely based on your browser settings.

If you have given us your consent, we analyze your use of the website to further improve the web offering, determine your clothing size, and display interest-based advertising to you, even beyond our website. Detailed information about the technologies used on this website can be found in our consent management tool, which also allows you to change your tracking settings.

9.2. Deleting Cookies

You can refuse each tracker category, except for essential services. This is also possible at any time afterwards. You can also delete individual cookies or the entire cookie inventory through your browser settings. Various browser add-ons can also help you prevent tracking based on other technologies.

10. Your Data Protection Rights

You can exercise the following rights with regard to the collection, storage and use of personal data maintained by Shaping New Tomorrow, at any time free of charge. In such cases, we must verify your identity and may request further information or clarifications to assist us in locating and providing the requested personal data.

10.1. Right to Information

You have the right to obtain confirmation as to whether and which personal data concerning you are being processed by Shaping New Tomorrow , and to be informed about the recipients, whether in the USA or abroad, to whom your personal data has been disclosed. Furthermore, you have the right to receive a copy of the personal data undergoing processing.

10.2 Right to Rectification

You have the right to request from us the rectification of inaccurate or incomplete personal data concerning you. You may also request that your data be rectified by third parties to whom we have disclosed such data.

10.3. Right to Erasure

You have the right to request the erasure of your personal data. Pursuant to this provision, you may, for example, request the deletion of your data if it is no longer necessary for the purposes for which it was collected. Additionally, you may request deletion if we process your data based on your consent and you withdraw that consent. You may also request that your data be deleted by third parties to whom we have disclosed such data.

10.4. Right to Restriction of Processing

You have the right to request the restriction of the processing of your data if the conditions set out in GDPR Article 18 are met. This is the case, for example, if you dispute the accuracy of your data. During the period of verifying the accuracy of the data, you may request the restriction of processing.

10.5. Right to Object Pursuant to GDPR Article 21

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you based on GDPR Article 6(1)(f) (processing based on the balancing of interests), including profiling based on this provision in accordance with GDPR Article 4 No. 4. If you object, we will no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

10.6. How to Object

10.7. Right to Data Portability

If the processing is based on consent or on a contract and is carried out by automated means, you have the right to receive your data in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.

10.8. Right to Withdraw Consent

If the processing is based on your consent, you have the right to withdraw your consent at any time, by contacting us at info@shapingnewtomorrow.com or by calling 1 888-617-5622.

10.9. Right to Lodge a Complaint

You also have the right to lodge a complaint with a data protection supervisory authority regarding our processing of your data. This may, for example, be the data protection authority in your place of residence.

10.10. Changes to our Privacy Policy

We reserve the right to modify this privacy policy to ensure that it complies with current domestic and international legal requirements.

11. California Privacy Rights (CCPA & CPRA):

If you reside in California, you are entitled to specific rights under the California Consumer Privacy Act (CCPA). This section complements the information provided in our Privacy Policy and outlines your CCPA rights, as well as instructions on how to exercise them. These rights pertain to individuals residing in California from whom we may collect personal information.

11.1. Data Collection, Processing, and Purpose

For detailed information about the data we collect, the purposes for which we use your personal data, and a comprehensive description of the personal information we may collect from you and its sources, please review the sections provided above.

11.2. Sharing and Selling of your Personal Data

We have not engaged, and we do not plan to engage, in the sale of any personal information in exchange for monetary compensation. As described in the previous sections, we only share personal data with third parties that need the data to fulfill the specific purpose(s) of the transfer. You have the right to opt out of any non-necessary disclosure of your information in the cookie settings of our website.

11.3. Your Rights under CCPA and CPRA:

As a resident of California, you will have the following rights under the CCPA (California Consumer Privacy Act) and the CPRA (California Privacy Rights Act), subject to any applicable legal exceptions:

The right to know about the personal information that we collect about you and how it is used and shared;
The right to delete personal information collected from you (with some exceptions);
The right to opt out of the sale or sharing of your personal information;
The right to non-discrimination for exercising your CCPA rights;
The right to correct inaccurate personal information that we have collected about you;
The right to limit the use and disclosure of sensitive personal information collected about you.

Additionally, you have the right to request specific information regarding how your personal information is shared with third parties or affiliated companies for direct marketing purposes in accordance with Section 1798.83 of the California Civil Code.

If you reside in California and you want to exercise any of the above listed privacy rights please contact us by email at info@shapingnewtomorrow.com or by phone at 1 888-617-5622.

Currently, the privacy policy version from May 2023 is valid.