Just Bagels Manufacturing, Inc.; Analysis of Proposed Consent Order To Aid Public Comment, 51267-51269 [2015-20806]

Download as PDF Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 http://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 http://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 IOActive, Inc. (‘‘IOActive’’). 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 VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 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 status as current members of the Safe Harbor Framework. IOActive provides security consulting services. According to the Commission’s complaint, the company has set forth on its Web site, www.ioactive.com/privacypolicy.html, 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 IOActive falsely represented that it was a current participant in the U.S.-EU Safe Harbor Framework when, in fact, from May 2012 until May 2015, IOActive was not a ‘‘current’’ participant in the U.S.-EU Safe Harbor Framework. The Commission’s complaint alleges that in May 2009, IOActive submitted self-certification to the U.S.-EU Safe Harbor Framework and and its status was changed to ‘‘current’’ on Commerce’s Web site. IOActive did not renew its self-certification in May 2012 and Commerce subsequently updated IOActive’s status to ‘‘not current’’ on its public Web site. Part I of the proposed order prohibits IOActive 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. Parts II through VI of the proposed order are reporting and compliance provisions. Part II requires IOActive 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 IOActive 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. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 51267 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2015–20807 Filed 8–21–15; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 152 3199] Just Bagels Manufacturing, 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/ justbagelsconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Just Bagels Manufacturing, Inc.—Consent Agreement; File No. 152 3199’’ on your comment and file your comment online at https://ftcpublic.commentworks.com/ ftc/justbagelsconsent by following the instructions on the Web-based form. If you prefer to file your comment on paper, write ‘‘Just Bagels Manufacturing, Inc.—Consent Agreement; File No. 152 3199’’ 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: Emily B. Robinson, ((214) 979–9386), Federal Trade Commission, Southwest Region, 1999 Bryan Street, Suite 2150, Dallas, TX 75201. 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 SUMMARY: E:\FR\FM\24AUN1.SGM 24AUN1 tkelley on DSK3SPTVN1PROD with NOTICES 51268 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices 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: http://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 ‘‘Just Bagels Manufacturing, Inc.—Consent Agreement; File No. 152 3199’’ 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 http://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 VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 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/ justbagelsconsent by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘Just Bagels Manufacturing, Inc.— Consent Agreement; File No. 152 3199’’ 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 http://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 http://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 Just Bagels Manufacturing, Inc. (‘‘Just Bagels Manufacturing’’). The proposed consent order has been placed on the public record for thirty 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 00073 Fmt 4703 Sfmt 4703 (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 Just Bagels Manufacturing made to consumers concerning its participation in the Safe Harbor privacy frameworks agreed upon by the U.S. and the European Union (‘‘EU’’) and the U.S. and Switzerland (collectively, Safe Harbor Frameworks’’). The Safe Harbor Frameworks allow U.S. companies to transfer data outside the EU and Switzerland consistent with EU and Swiss law. To join the Safe Harbor Frameworks, a company must selfcertify 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 and Switzerland 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 Frameworks. 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 Safe Harbor Frameworks. Just Bagels Manufacturing is a wholesale bagel manufacturer that distributes bagels to restaurants, hotels, supermarkets, retail stores, airlines, and schools around the United States. According to the Commission’s complaint, since at least January 2015, Just Bagels Manufacturing set forth on its Web site, http://www.justbagels.com/ privacypolicy/, privacy policies and statements about its practices, including statements related to its participation in the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework. The Commission’s complaint alleges that Just Bagels Manufacturing falsely represented that it was a participant in the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework when, in fact, Just Bagels Manufacturing was never a participant in the Safe Harbor Frameworks. Commerce has never included the company on its public Web site. E:\FR\FM\24AUN1.SGM 24AUN1 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices Part I of the proposed order prohibits Just Bagels Manufacturing from making 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 Just Bagels Manufacturing 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 the notification to the FTC of changes in corporate status. Part V mandates that Just Bagels Manufacturing 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. 2015–20806 Filed 8–21–15; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION [File No. 152 3138] NAICS Association, 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/ naicsconsent online or on paper, by tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘NAICS Association, LLC—Consent Agreement; File No. 152 3138’’ on your comment and file your comment online at https:// ftcpublic.commentworks.com/ftc/ naicsconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ‘‘NAICS Association, LLC— Consent Agreement; File No. 152 3138’’ 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 F. Einhorn, ((202) 326–2575), 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: http://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 ‘‘NAICS Association, LLC—Consent Agreement; File No. 152 3138’’ 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 http://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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 51269 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 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/ naicsconsent by following the instructions on the web-based form. If this Notice appears at http:// www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ‘‘NAICS Association, LLC— Consent Agreement; File No. 152 3138’’ 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 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 51267-51269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20806]


-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

[File No. 152 3199]


Just Bagels Manufacturing, Inc.; 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/justbagelsconsent online or on paper, by 
following the instructions in the Request for Comment part of the 
SUPPLEMENTARY INFORMATION section below. Write ``Just Bagels 
Manufacturing, Inc.--Consent Agreement; File No. 152 3199'' on your 
comment and file your comment online at https://ftcpublic.commentworks.com/ftc/justbagelsconsent by following the 
instructions on the Web-based form. If you prefer to file your comment 
on paper, write ``Just Bagels Manufacturing, Inc.--Consent Agreement; 
File No. 152 3199'' 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: Emily B. Robinson, ((214) 979-9386), 
Federal Trade Commission, Southwest Region, 1999 Bryan Street, Suite 
2150, Dallas, TX 75201.

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

[[Page 51268]]

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: http://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 ``Just Bagels Manufacturing, Inc.--Consent Agreement; File 
No. 152 3199'' 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 http://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.
---------------------------------------------------------------------------

    \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/justbagelsconsent by following the instructions on the web-based 
form. If this Notice appears at http://www.regulations.gov/#!home, you 
also may file a comment through that Web site.
    If you file your comment on paper, write ``Just Bagels 
Manufacturing, Inc.--Consent Agreement; File No. 152 3199'' 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 http://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 http://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 
Just Bagels Manufacturing, Inc. (``Just Bagels Manufacturing'').
    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 Just Bagels Manufacturing made to consumers concerning its 
participation in the Safe Harbor privacy frameworks agreed upon by the 
U.S. and the European Union (``EU'') and the U.S. and Switzerland 
(collectively, Safe Harbor Frameworks''). The Safe Harbor Frameworks 
allow U.S. companies to transfer data outside the EU and Switzerland 
consistent with EU and Swiss law. To join the Safe Harbor Frameworks, 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 and 
Switzerland 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 Frameworks. 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 Safe Harbor 
Frameworks.
    Just Bagels Manufacturing is a wholesale bagel manufacturer that 
distributes bagels to restaurants, hotels, supermarkets, retail stores, 
airlines, and schools around the United States. According to the 
Commission's complaint, since at least January 2015, Just Bagels 
Manufacturing set forth on its Web site, http://www.justbagels.com/privacypolicy/, privacy policies and statements about its practices, 
including statements related to its participation in the U.S.-EU Safe 
Harbor Framework and the U.S.-Swiss Safe Harbor Framework.
    The Commission's complaint alleges that Just Bagels Manufacturing 
falsely represented that it was a participant in the U.S.-EU Safe 
Harbor Framework and the U.S.-Swiss Safe Harbor Framework when, in 
fact, Just Bagels Manufacturing was never a participant in the Safe 
Harbor Frameworks. Commerce has never included the company on its 
public Web site.

[[Page 51269]]

    Part I of the proposed order prohibits Just Bagels Manufacturing 
from making misrepresentations about its membership in any privacy or 
security program sponsored by the government or any other 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 Just Bagels Manufacturing 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 the notification to the FTC of 
changes in corporate status. Part V mandates that Just Bagels 
Manufacturing 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. 2015-20806 Filed 8-21-15; 8:45 am]
BILLING CODE 6750-01-P