82 FR 43369 - Decusoft, LLC; Analysis To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 82, Issue 178 (September 15, 2017)
Federal Register Volume 82, Issue 178 (September 15, 2017)
| Page Range | 43369-43371 | |
| FR Document | 2017-19617 |
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)] [Notices] [Pages 43369-43371] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19617] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 172 3173] Decusoft, LLC; Analysis 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 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 October 10, 2017. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the [[Page 43370]] SUPPLEMENTARY INFORMATION section below. Write: ``In the Matter of Decusoft, LLC, File No. 172 3173'' on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/decusoftconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``In the Matter of Decusoft, LLC, File No. 172 3173'' 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 (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 a 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 September 8, 2017), on the World Wide Web, at https://www.ftc.gov/news-events/commission-actions. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before October 10, 2017. Write ``In the Matter of Decusoft, LLC, File No. 172 3173'' 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/policy/public-comments. 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/decusoftconsent 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 prefer to file your comment on paper, write ``In the Matter of Decusoft, LLC, File No. 172 3173'' 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. Because your comment will be placed on the publicly accessible FTC Web site at https://www.ftc.gov, you are solely responsible for making sure that your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else'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, such as medical records or other individually identifiable health information. In addition, your comment should not include any ``trade secret or any commercial or financial information which . . . is privileged or confidential''--as provided by 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)--including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled ``Confidential,'' and must comply with FTC Rule 4.9(c). 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). Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the public FTC Web site--as legally required by FTC Rule 4.9(b)--we cannot redact or remove your comment from the FTC Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request. Visit the FTC 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 October 10, 2017. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy. 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 Decusoft, LLC (``Decusoft''). 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. This matter concerns alleged false or misleading representations that Decusoft made to consumers concerning its participation in the Privacy Shield frameworks agreed upon by the U.S. and the European Union (``EU'') and the U.S. and Switzerland (collectively, ``Privacy Shield frameworks''). The Privacy Shield frameworks allow U.S. companies to transfer data outside the EU and Switzerland consistent with EU and Swiss law. To join the Privacy Shield 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; accountability for onward transfer; security; data integrity and purpose limitation; access; and recourse, [[Page 43371]] enforcement, and liability. Commerce maintains a public Web site, https://www.privacyshield.gov/list, where it posts the names of companies that have self-certified to the Privacy Shield frameworks. The listing of companies indicates whether their self-certification is current. Companies are required to re-certify every year in order to retain their status as current members of the Privacy Shield frameworks. Decusoft develops software for use in human resources applications. According to the Commission's complaint, Decusoft has set forth on its Web site, www.decusoft.com/privacy-policy, privacy policies and statements about its practices, including statements related to its participation in the EU-U.S. and the Swiss-U.S. Privacy Shield frameworks. The Commission's complaint alleges that Decusoft falsely represented that it was certified to participate in the Privacy Shield frameworks when, in fact, Decusoft never completed the necessary steps to finalize its applications, and thus, was not certified to participate in either the EU-U.S. Privacy Shield framework or the Swiss-U.S. Privacy Shield framework. Part I of the proposed order prohibits Decusoft 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 EU- U.S. Privacy Shield framework and the Swiss-U.S. Safe Privacy Shield framework. Parts II through VI of the proposed order are reporting and compliance provisions. Part II requires acknowledgement of the order and dissemination of the order now and in the future to persons with responsibilities relating to the subject matter of the order. Part III ensures notification to the FTC of changes in corporate status and mandates that Decusoft submit an initial compliance report to the FTC. Part IV requires Decusoft to retain documents relating to its compliance with the order for a five-year period. Part V mandates that Decusoft make available to the FTC information or subsequent compliance reports, as requested. 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. 2017-19617 Filed 9-14-17; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43369
or confidential information. In Analysis of Proposed Consent Order To was not certified to participate in the
particular, your comment should not Aid Public Comment EU-U.S. Privacy Shield framework.
include any sensitive personal Part I of the proposed order prohibits
The Federal Trade Commission Md7 from making misrepresentations
information, such as your or anyone
(‘‘FTC’’ or ‘‘Commission’’) has accepted, about its membership in any privacy or
else’s Social Security number; date of
subject to final approval, a consent security program sponsored by the
birth; driver’s license number or other
agreement applicable to Md7, LLC government or any other self-regulatory
state identification number, or foreign
(‘‘Md7’’). or standard-setting organization,
country equivalent; passport number;
financial account number; or credit or The proposed consent order has been including, but not limited to, the EU-
debit card number. You are also solely placed on the public record for thirty U.S. Privacy Shield framework.
responsible for making sure that your (30) days for receipt of comments by Parts II through VI of the proposed
comment does not include any sensitive interested persons. Comments received order are reporting and compliance
health information, such as medical during this period will become part of provisions. Part II requires
records or other individually the public record. After thirty days, the acknowledgement of the order and
identifiable health information. In Commission will again review the dissemination of the order now and in
addition, your comment should not agreement and the comments received, the future to persons with
include any ‘‘trade secret or any and will decide whether it should responsibilities relating to the subject
withdraw from the agreement and take matter of the order. Part III ensures
commercial or financial information
appropriate action or make final the notification to the FTC of changes in
which . . . is privileged or
agreement’s proposed order. corporate status and mandates that Md7
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and This matter concerns alleged false or submit an initial compliance report to
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— misleading representations that Md7 the FTC. Part IV requires Md7 to retain
including in particular competitively made to consumers concerning its documents relating to its compliance
sensitive information such as costs, participation in the EU-U.S. Privacy with the order for a five-year period.
Shield framework agreed upon by the Part V mandates that Md7 make
sales statistics, inventories, formulas,
U.S. and the European Union (‘‘EU’’). available to the FTC information or
patterns, devices, manufacturing
The EU-U.S. Privacy Shield framework subsequent compliance reports, as
processes, or customer names.
allows U.S. companies to transfer data requested. Part VI is a provision
Comments containing material for outside the EU consistent with EU law. ‘‘sunsetting’’ the order after twenty (20)
which confidential treatment is To join the EU-U.S. Privacy Shield years, with certain exceptions.
requested must be filed in paper form, framework, a company must self-certify The purpose of this analysis is to
must be clearly labeled ‘‘Confidential,’’ to the U.S. Department of Commerce facilitate public comment on the
and must comply with FTC Rule 4.9(c). (‘‘Commerce’’) that it complies with a proposed order. It is not intended to
In particular, the written request for set of principles and related constitute an official interpretation of
confidential treatment that accompanies requirements that have been deemed by the proposed complaint or order or to
the comment must include the factual the European Commission as providing modify the order’s terms in any way.
and legal basis for the request, and must ‘‘adequate’’ privacy protection. These By direction of the Commission.
identify the specific portions of the principles include notice; choice; Donald S. Clark,
comment to be withheld from the public accountability for onward transfer; Secretary.
record. See FTC Rule 4.9(c). Your security; data integrity and purpose [FR Doc. 2017–19618 Filed 9–14–17; 8:45 am]
comment will be kept confidential only limitation; access; and recourse,
BILLING CODE 6750–01–P
if the General Counsel grants your enforcement, and liability. Commerce
request in accordance with the law and maintains a public Web site, https://
the public interest. Once your comment www.privacyshield.gov/list, where it FEDERAL TRADE COMMISSION
has been posted on the public FTC Web posts the names of companies that have
site—as legally required by FTC Rule self-certified to the EU-U.S. Privacy [File No. 172 3173]
4.9(b)—we cannot redact or remove Shield framework. The listing of
your comment from the FTC Web site, companies indicates whether their self- Decusoft, LLC; Analysis To Aid Public
unless you submit a confidentiality certification is current. Companies are Comment
request that meets the requirements for required to re-certify every year in order AGENCY: Federal Trade Commission.
such treatment under FTC Rule 4.9(c), to retain their status as current members ACTION: Proposed consent agreement.
and the General Counsel grants that of the EU-U.S. Privacy Shield
request. framework. SUMMARY: The consent agreement in this
Visit the FTC Web site at http:// Md7 assists wireless operators in matter settles alleged violations of
www.ftc.gov to read this Notice and the managing real estate-related issues. federal law prohibiting unfair or
news release describing it. The FTC Act According to the Commission’s deceptive acts or practices. The attached
and other laws that the Commission complaint, Md7 has set forth on its Web Analysis to Aid Public Comment
administers permit the collection of site, www.md7.com/privacy-policy/, describes both the allegations in the
public comments to consider and use in privacy policies and statements about complaint and the terms of the consent
its practices, including statements order—embodied in the consent
this proceeding, as appropriate. The
related to its participation in the EU- agreement—that would settle these
Commission will consider all timely
mstockstill on DSK30JT082PROD with NOTICES
U.S. Privacy Shield framework. allegations.
and responsive public comments that it
receives on or before October 10, 2017. The Commission’s complaint alleges DATES: Comments must be received on
For information on the Commission’s that Md7 falsely represented that it was or before October 10, 2017.
privacy policy, including routine uses certified to participate in the EU-U.S. ADDRESSES: Interested parties may file a
permitted by the Privacy Act, see Privacy Shield framework when, in fact, comment online or on paper, by
https://www.ftc.gov/site-information/ Md7 never completed the necessary following the instructions in the
privacy-policy. steps to finalize its application and thus, Request for Comment part of the
VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1](https://thefederalregister.org/doc/82_FR_43547/page/1.svg)
![Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices 43371
enforcement, and liability. Commerce setting organization, including, but not FEDERAL TRADE COMMISSION
maintains a public Web site, https:// limited to, the EU-U.S. Privacy Shield
www.privacyshield.gov/list, where it framework and the Swiss-U.S. Safe Granting of Requests for Early
posts the names of companies that have Privacy Shield framework. Termination of the Waiting Period
self-certified to the Privacy Shield Parts II through VI of the proposed Under the Premerger Notification
frameworks. The listing of companies order are reporting and compliance Rules
indicates whether their self-certification provisions. Part II requires
is current. Companies are required to re- acknowledgement of the order and Section 7A of the Clayton Act, 15
certify every year in order to retain their dissemination of the order now and in U.S.C. 18a, as added by Title II of the
status as current members of the Privacy the future to persons with Hart-Scott-Rodino Antitrust
Shield frameworks. responsibilities relating to the subject Improvements Act of 1976, requires
Decusoft develops software for use in matter of the order. Part III ensures persons contemplating certain mergers
human resources applications. notification to the FTC of changes in or acquisitions to give the Federal Trade
According to the Commission’s corporate status and mandates that Commission and the Assistant Attorney
complaint, Decusoft has set forth on its Decusoft submit an initial compliance General advance notice and to wait
Web site, www.decusoft.com/privacy- report to the FTC. Part IV requires designated periods before
policy, privacy policies and statements Decusoft to retain documents relating to consummation of such plans. Section
about its practices, including statements its compliance with the order for a five- 7A(b)(2) of the Act permits the agencies,
related to its participation in the EU- year period. in individual cases, to terminate this
U.S. and the Swiss-U.S. Privacy Shield Part V mandates that Decusoft make waiting period prior to its expiration
frameworks. available to the FTC information or and requires that notice of this action be
The Commission’s complaint alleges subsequent compliance reports, as published in the Federal Register.
that Decusoft falsely represented that it requested. Part VI is a provision The following transactions were
was certified to participate in the ‘‘sunsetting’’ the order after twenty (20) granted early termination—on the dates
Privacy Shield frameworks when, in years, with certain exceptions. indicated—of the waiting period
fact, Decusoft never completed the The purpose of this analysis is to provided by law and the premerger
necessary steps to finalize its facilitate public comment on the notification rules. The listing for each
applications, and thus, was not certified proposed order. It is not intended to transaction includes the transaction
to participate in either the EU-U.S. constitute an official interpretation of number and the parties to the
Privacy Shield framework or the Swiss- the proposed complaint or order or to transaction. The grants were made by
U.S. Privacy Shield framework. modify the order’s terms in any way. the Federal Trade Commission and the
Part I of the proposed order prohibits Assistant Attorney General for the
Decusoft from making By direction of the Commission. Antitrust Division of the Department of
misrepresentations about its Donald S. Clark, Justice. Neither agency intends to take
membership in any privacy or security Secretary. any action with respect to these
program sponsored by the government [FR Doc. 2017–19617 Filed 9–14–17; 8:45 am] proposed acquisitions during the
or any other self-regulatory or standard- BILLING CODE 6750–01–P applicable waiting period.
EARLY TERMINATIONS GRANTED
[August 1, 2017 through August 31, 2017]
08/01/2017
20171618 ...... G New Mountain Partners IV, L.P.; Larsen MacColl Partners, L.P.; New Mountain Partners IV, L.P.
08/02/2017
20171591 ...... G Michael Ashley; The Finish Line, Inc.; Michael Ashley.
08/03/2017
20171584 ...... G Stanley G. Middleman; New York Community Bancorp, Inc.; Stanley G. Middleman.
08/04/2017
20171603 ...... G ABM Industries Incorporated; GCA Holding Corp.; ABM Industries Incorporated.
20171631 ...... G Cincinnati Bell Inc.; Marlin Equity III, L.P.; Cincinnati Bell Inc.
08/07/2017
20171626 ...... G OZ Overseas Fund II, Ltd.; EQT Corporation; OZ Overseas Fund II, Ltd.
20171641 ...... G ArcLight Energy Partners Fund VI, L.P.; Halcon Resources Corporation; ArcLight Energy Partners Fund VI, L.P.
20171649 ...... G Golden Gate Capital Opportunity Fund, L.P.; Summit Park II, L.P.; Golden Gate Capital Opportunity Fund, L.P.
20171652 ...... G EQT Infrastructure III (No. 1) SCSp; Jacques R. and Naila Saade; EQT Infrastructure III (No. 1) SCSp.
mstockstill on DSK30JT082PROD with NOTICES
20171656 ...... G Michael Gregory O’Hara; Alexandre Chemla; Michael Gregory O’Hara.
20171657 ...... G Magellan Health, Inc.; TA XI L.P.; Magellan Health, Inc.
20171662 ...... G China Regenerative Medicine International Limited; Valeant Pharmaceuticals International, Inc.; China Regenerative Medi-
cine International Limited.
20171666 ...... G AI Fresh Parent, Inc.; FS Equity Partners VI, L.P.; AI Fresh Parent, Inc.
20171670 ...... G DENSO Corporation; Fujitsu Limited; DENSO Corporation.
20171675 ...... G Blackstone Capital Partners VII L.P.; Providence Equity Partners VII–A L.P.; Blackstone Capital Partners VII L.P.
20171679 ...... G Konica Minolta, Inc.; Ambry Genetics Corporation; Konica Minolta, Inc.
VerDate Sep<11>2014 17:07 Sep 14, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\15SEN1.SGM 15SEN1](https://thefederalregister.org/doc/82_FR_43547/page/3.svg)
Document Created: 2017-09-15 00:18:25
Document Modified: 2017-09-15 00:18:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Proposed consent agreement. | |
| Dates | Comments must be received on or before October 10, 2017. | |
| Contact | Monique Einhorn (202-326-2575), Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580. | |
| FR Citation | 82 FR 43369 |
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