Contract Logix, LLC; Analysis of Proposed Consent Order to Aid Public Comment, 51261-51263 [2015-20803]
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Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
jubilantclinsysconsent by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Jubilant Clinsys, Inc.—Consent
Agreement; File No. 152 3140’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex D), Washington, DC 20024. If
possible, submit your paper comment to
the Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before September 16, 2015. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
tkelley on DSK3SPTVN1PROD with NOTICES
Analysis of Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement applicable to Jubilant
Clinsys, Inc. (‘‘Jubilant Clinsys’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty days, the
Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
This matter concerns alleged false or
misleading representations that Jubilant
Clinsys made to consumers concerning
its participation in the Safe Harbor
privacy framework agreed upon by the
U.S. and the European Union (‘‘EU’’)
(‘‘U.S.-EU Safe Harbor Framework’’).
The U.S.-EU Safe Harbor Framework
allows U.S. companies to transfer data
outside the EU consistent with EU law.
To join the U.S.-EU Safe Harbor
Framework, a company must self-certify
to the U.S. Department of Commerce
(‘‘Commerce’’) that it complies with a
set of principles and related
requirements that have been deemed by
the European Commission as providing
‘‘adequate’’ privacy protection. These
principles include notice, choice,
onward transfer, security, data integrity,
access, and enforcement. Commerce
maintains a public Web site,
www.export.gov/safeharbor, where it
posts the names of companies that have
self-certified to the U.S.-EU Safe Harbor
Framework. The listing of companies
indicates whether their self-certification
is ‘‘current’’ or ‘‘not current.’’
Companies are required to re-certify
every year in order to retain their status
as ‘‘current’’ members of the U.S.-EU
Safe Harbor Framework.
Jubilant Clinsys is a research
organization that provides
pharmaceutical, biotechnology and
medical device companies with services
in support of drug and device
development. According to the
Commission’s complaint, Jubilant
Clinsys has set forth on its Web site,
https://www.clinsys.com/
index.php?option=com_
content&view=article&id=8&Itemid=19,
privacy policies and statements about
its practices, including statements
related to its participation in the U.S–
EU Safe Harbor Framework.
The Commission’s complaint alleges
that Jubilant Clinsys falsely represented
that it was a ‘‘current’’ participant in the
U.S.-EU Safe Harbor Framework when,
in fact, from November 2012 through
April 2015, Jubilant Clinsys was not a
‘‘current’’ participant in the U.S.-EU
Safe Harbor Framework. The
Commission’s complaint alleges that in
November 2007, Jubilant Clinsys
submitted its self-certification to the
U.S.-EU Safe Harbor Framework.
Jubilant Clinsys did not renew its selfcertification in November 2012 and
Commerce subsequently updated
Jubilant Clinsys’ status to ‘‘not current’’
on its public Web site. In May 2015,
Jubilant Clinsys removed its Safe Harbor
representation from its Web site privacy
policy.
Part I of the proposed order prohibits
Jubilant Clinsys from making
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
51261
misrepresentations about its
membership in any privacy or security
program sponsored by the government
or any other self-regulatory or standardsetting organization, including, but not
limited to, the U.S.-EU Safe Harbor
Framework and the U.S.-Swiss Safe
Harbor Framework.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Jubilant
Clinsys to retain documents relating to
its compliance with the order for a fiveyear period. Part III requires
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part IV ensures
notification to the FTC of changes in
corporate status. Part V mandates that
Jubilant Clinsys submit an initial
compliance report to the FTC, and make
available to the FTC subsequent reports.
Part VI is a provision ‘‘sunsetting’’ the
order after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the proposed complaint or order or to
modify the order’s terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015–20805 Filed 8–21–15; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 152 3184]
Contract Logix, LLC; Analysis of
Proposed Consent Order to Aid Public
Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
DATES: Comments must be received on
or before September 16, 2015.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
contractlogixconsent online or on paper,
by following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
SUMMARY:
E:\FR\FM\24AUN1.SGM
24AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
51262
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
below. Write ‘‘Contract Logix, LLC—
Consent Agreement; File No. 152 3184’’
on your comment and file your
comment online at https://
ftcpublic.commentworks.com/ftc/
contractlogixconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘Contract Logix, LLC—
Consent Agreement; File No. 152 3184’’
on your comment and on the envelope,
and mail your comment to the following
address: Federal Trade Commission,
Office of the Secretary, 600
Pennsylvania Avenue NW., Suite CC–
5610 (Annex D), Washington, DC 20580,
or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Ruth Yodaiken, ((202) 326–2127),
Bureau of Consumer Protection, 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR § 2.34, notice is
hereby given that the above-captioned
consent agreement containing consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis to Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
Home Page (for August 17, 2015), on the
World Wide Web at: https://www.ftc.gov/
os/actions.shtm.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before September 16, 2015. Write
‘‘Contract Logix, LLC—Consent
Agreement; File No. 152 3184’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
not include any sensitive personal
information, like anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which . . . is
privileged or confidential,’’ as discussed
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
§ 4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
contractlogixconsent by following the
instructions on the web-based form. If
this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘Contract Logix, LLC—Consent
Agreement; File No. 152 3184’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex D), Washington, DC 20024. If
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
possible, submit your paper comment to
the Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before September 16, 2015. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
Analysis of Proposed Consent Order To
Aid Public Comment
The Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) has accepted,
subject to final approval, a consent
agreement applicable to Contract Logix,
LLC (‘‘Contract Logix’’).
The proposed consent order has been
placed on the public record for thirty
(30) days for receipt of comments by
interested persons. Comments received
during this period will become part of
the public record. After thirty (30) days,
the Commission will again review the
agreement and the comments received,
and will decide whether it should
withdraw from the agreement and take
appropriate action or make final the
agreement’s proposed order.
This matter concerns alleged false or
misleading representations that the
company made to consumers
concerning its participation in the Safe
Harbor privacy Framework agreed upon
by the U.S. and the European Union
(‘‘EU’’) (‘‘U.S.-EU Safe Harbor
Framework’’). The U.S.-EU Safe Harbor
Framework allows U.S. companies to
transfer data outside the EU consistent
with EU law. To join the U.S.-EU Safe
Harbor Framework, a company must
self-certify to the U.S. Department of
Commerce (‘‘Commerce’’) that it
complies with a set of principles and
related requirements that have been
deemed by the European Commission as
providing ‘‘adequate’’ privacy
protection. These principles include
notice, choice, onward transfer,
security, data integrity, access, and
enforcement. Commerce maintains a
public Web site, www.export.gov/
safeharbor, where it posts the names of
companies that have self-certified to the
Safe Harbor Framework. The listing of
companies indicates whether their selfcertification is ‘‘current’’ or ‘‘not
current.’’ Companies are required to recertify every year in order to retain their
E:\FR\FM\24AUN1.SGM
24AUN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices
status as current members of the Safe
Harbor Framework.
Contract Logix describes its business
as providing contract management
software and associated services.
According to the Commission’s
complaint, the company has set forth on
its Web site, www.contractlogix.com,
privacy policies and statements about
its practices, including statements
related to its participation in the U.S.EU Safe Harbor Framework.
The Commission’s complaint alleges
that Contract Logix falsely represented
that it was a ‘‘current’’ participant in the
U.S.-EU Safe Harbor Framework when,
in fact, from August 2012 until May
2015, Contract Logix was not a
‘‘current’’ participant in the U.S.-EU
Safe Harbor Framework. The company’s
predecessor in interest had submitted its
self-certification to the U.S.-EU Safe
Harbor Framework, but that selfcertification had lapsed. Commerce
subsequently updated the company’s
status to ‘‘not current’’ on its public
Web site.
Part I of the proposed order prohibits
Contract Logix from making
misrepresentations about its
membership in any privacy or security
program sponsored by the government
or any self-regulatory or standard-setting
organization, including, but not limited
to, the U.S.-EU Safe Harbor Framework
and the U.S.-Swiss Safe Harbor
Framework.
Parts II through VI of the proposed
order are reporting and compliance
provisions. Part II requires Contract
Logix to retain documents relating to its
compliance with the order for a fiveyear period. Part III requires
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part IV ensures
notification to the FTC of changes in
corporate status. Part V mandates that
Contract Logix submit an initial
compliance report to the FTC, and make
available to the FTC subsequent reports.
Part VI is a provision ‘‘sunsetting’’ the
order after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order. It is not intended to
constitute an official interpretation of
the proposed complaint or order or to
modify the order’s terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015–20803 Filed 8–21–15; 8:45 am]
BILLING CODE 6750–01–P
VerDate Sep<11>2014
16:48 Aug 21, 2015
Jkt 235001
FEDERAL TRADE COMMISSION
[File No. 152 3137]
Pinger, Inc.; Analysis of Proposed
Consent Order To Aid Public Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices. The attached
Analysis To Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
DATES: Comments must be received on
or before September 16, 2015.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
pingerconsent online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Pinger, Inc.—Consent
Agreement; File No. 152 3137’’ on your
comment and file your comment online
at https://ftcpublic.commentworks.com/
ftc/pingerconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, write ‘‘Pinger, Inc.—Consent
Agreement; File No. 152 3137’’ on your
comment and on the envelope, and mail
your comment to the following address:
Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW., Suite CC–5610 (Annex D),
Washington, DC 20580, or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW., 5th Floor, Suite 5610
(Annex D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Monique Einhorn, Bureau of Consumer
Protection ((202) 326–2575), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis To Aid Public Comment
describes the terms of the consent
agreement, and the allegations in the
complaint. An electronic copy of the
SUMMARY:
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
51263
full text of the consent agreement
package can be obtained from the FTC
Home Page (for August 17, 2015), on the
World Wide Web at: https://www.ftc.gov/
os/actions.shtm.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before September 16, 2015. Write
‘‘Pinger, Inc.—Consent Agreement; File
No. 152 3137’’ on your comment. Your
comment—including your name and
your state—will be placed on the public
record of this proceeding, including, to
the extent practicable, on the public
Commission Web site, at https://
www.ftc.gov/os/publiccomments.shtm.
As a matter of discretion, the
Commission tries to remove individuals’
home contact information from
comments before placing them on the
Commission Web site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’s Social
Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which . . . is
privileged or confidential,’’ as discussed
in Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include
competitively sensitive information
such as costs, sales statistics,
inventories, formulas, patterns, devices,
manufacturing processes, or customer
names.
If you want the Commission to give
your comment confidential treatment,
you must file it in paper form, with a
request for confidential treatment, and
you have to follow the procedure
explained in FTC Rule 4.9(c), 16 CFR
4.9(c).1 Your comment will be kept
confidential only if the FTC General
Counsel, in his or her sole discretion,
grants your request in accordance with
the law and the public interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
1 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
E:\FR\FM\24AUN1.SGM
24AUN1
]]>Agencies
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51261-51263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20803]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
[File No. 152 3184]
Contract Logix, LLC; Analysis of Proposed Consent Order to Aid
Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed Consent Agreement.
-----------------------------------------------------------------------
SUMMARY: The consent agreement in this matter settles alleged
violations of federal law prohibiting unfair or deceptive acts or
practices. The attached Analysis to Aid Public Comment describes both
the allegations in the draft complaint and the terms of the consent
order--embodied in the consent agreement--that would settle these
allegations.
DATES: Comments must be received on or before September 16, 2015.
ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/contractlogixconsent online or on paper,
by following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section
[[Page 51262]]
below. Write ``Contract Logix, LLC--Consent Agreement; File No. 152
3184'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/contractlogixconsent by following the
instructions on the web-based form. If you prefer to file your comment
on paper, write ``Contract Logix, LLC--Consent Agreement; File No. 152
3184'' on your comment and on the envelope, and mail your comment to
the following address: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: Ruth Yodaiken, ((202) 326-2127),
Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal
Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR Sec.
2.34, notice is hereby given that the above-captioned consent agreement
containing consent order to cease and desist, having been filed with
and accepted, subject to final approval, by the Commission, has been
placed on the public record for a period of thirty (30) days. The
following Analysis to Aid Public Comment describes the terms of the
consent agreement, and the allegations in the complaint. An electronic
copy of the full text of the consent agreement package can be obtained
from the FTC Home Page (for August 17, 2015), on the World Wide Web at:
https://www.ftc.gov/os/actions.shtm.
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before September 16,
2015. Write ``Contract Logix, LLC--Consent Agreement; File No. 152
3184'' on your comment. Your comment--including your name and your
state--will be placed on the public record of this proceeding,
including, to the extent practicable, on the public Commission Web
site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of
discretion, the Commission tries to remove individuals' home contact
information from comments before placing them on the Commission Web
site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which . . . is privileged or confidential,'' as discussed in Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). In particular, do not include competitively sensitive
information such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential
treatment, you must file it in paper form, with a request for
confidential treatment, and you have to follow the procedure explained
in FTC Rule 4.9(c), 16 CFR Sec. 4.9(c).\1\ Your comment will be kept
confidential only if the FTC General Counsel, in his or her sole
discretion, grants your request in accordance with the law and the
public interest.
---------------------------------------------------------------------------
\1\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
---------------------------------------------------------------------------
Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/contractlogixconsent by following the instructions on the web-based
form. If this Notice appears at https://www.regulations.gov/#!home, you
also may file a comment through that Web site.
If you file your comment on paper, write ``Contract Logix, LLC--
Consent Agreement; File No. 152 3184'' on your comment and on the
envelope, and mail your comment to the following address: Federal Trade
Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite
CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the
following address: Federal Trade Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024. If possible, submit your paper comment to the
Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to consider and use in this proceeding as appropriate. The
Commission will consider all timely and responsive public comments that
it receives on or before September 16, 2015. You can find more
information, including routine uses permitted by the Privacy Act, in
the Commission's privacy policy, at https://www.ftc.gov/ftc/privacy.htm.
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission (``FTC'' or ``Commission'') has
accepted, subject to final approval, a consent agreement applicable to
Contract Logix, LLC (``Contract Logix'').
The proposed consent order has been placed on the public record for
thirty (30) days for receipt of comments by interested persons.
Comments received during this period will become part of the public
record. After thirty (30) days, the Commission will again review the
agreement and the comments received, and will decide whether it should
withdraw from the agreement and take appropriate action or make final
the agreement's proposed order.
This matter concerns alleged false or misleading representations
that the company made to consumers concerning its participation in the
Safe Harbor privacy Framework agreed upon by the U.S. and the European
Union (``EU'') (``U.S.-EU Safe Harbor Framework''). The U.S.-EU Safe
Harbor Framework allows U.S. companies to transfer data outside the EU
consistent with EU law. To join the U.S.-EU Safe Harbor Framework, a
company must self-certify to the U.S. Department of Commerce
(``Commerce'') that it complies with a set of principles and related
requirements that have been deemed by the European Commission as
providing ``adequate'' privacy protection. These principles include
notice, choice, onward transfer, security, data integrity, access, and
enforcement. Commerce maintains a public Web site, www.export.gov/safeharbor, where it posts the names of companies that have self-
certified to the Safe Harbor Framework. The listing of companies
indicates whether their self-certification is ``current'' or ``not
current.'' Companies are required to re-certify every year in order to
retain their
[[Page 51263]]
status as current members of the Safe Harbor Framework.
Contract Logix describes its business as providing contract
management software and associated services. According to the
Commission's complaint, the company has set forth on its Web site,
www.contractlogix.com, privacy policies and statements about its
practices, including statements related to its participation in the
U.S.-EU Safe Harbor Framework.
The Commission's complaint alleges that Contract Logix falsely
represented that it was a ``current'' participant in the U.S.-EU Safe
Harbor Framework when, in fact, from August 2012 until May 2015,
Contract Logix was not a ``current'' participant in the U.S.-EU Safe
Harbor Framework. The company's predecessor in interest had submitted
its self-certification to the U.S.-EU Safe Harbor Framework, but that
self-certification had lapsed. Commerce subsequently updated the
company's status to ``not current'' on its public Web site.
Part I of the proposed order prohibits Contract Logix from making
misrepresentations about its membership in any privacy or security
program sponsored by the government or any self-regulatory or standard-
setting organization, including, but not limited to, the U.S.-EU Safe
Harbor Framework and the U.S.-Swiss Safe Harbor Framework.
Parts II through VI of the proposed order are reporting and
compliance provisions. Part II requires Contract Logix to retain
documents relating to its compliance with the order for a five-year
period. Part III requires dissemination of the order now and in the
future to persons with responsibilities relating to the subject matter
of the order. Part IV ensures notification to the FTC of changes in
corporate status. Part V mandates that Contract Logix submit an initial
compliance report to the FTC, and make available to the FTC subsequent
reports. Part VI is a provision ``sunsetting'' the order after twenty
(20) years, with certain exceptions.
The purpose of this analysis is to facilitate public comment on the
proposed order. It is not intended to constitute an official
interpretation of the proposed complaint or order or to modify the
order's terms in any way.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2015-20803 Filed 8-21-15; 8:45 am]
BILLING CODE 6750-01-P
