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Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Notices will be placed on the public record of this proceeding, including, to the extent practicable, on the https
www.regulations.gov website.
Due to the COVID19 pandemic and the agencys heightened security screening, postal mail addressed to the Commission will be subject to delay. We strongly encourage you to submit your comments online through the https
www.regulations.gov website.
If you prefer to file your comment on paper, write Everalbum, Inc.; File No.
192 3172 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 CC5610 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 website at https www.regulations.gov, you are solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include sensitive personal information, such as your or anyone elses Social Security number; date of birth; drivers 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 your comment does not include 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 confidentialas provided by Section 6f of the FTC Act, 15 U.S.C. 46f, and FTC Rule 4.10a2, 16 CFR 4.10a2
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 4.9c.
In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must
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identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9c. 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 https
www.regulations.gov websiteas legally required by FTC Rule 4.9bwe cannot redact or remove your comment from that website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9c, and the General Counsel grants that request.
Visit the FTC website at http
www.ftc.gov to read this Notice and the news release describing the proposed settlement. 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 February 24, 2021. For information on the Commissions 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 Commission or FTC has accepted, subject to final approval, an agreement containing a consent order from Everalbum, Inc., also doing business as Ever and Paravision Everalbum or Respondent. The proposed consent order proposed order has been placed on the public record for thirty 30 days for receipt of comments from interested persons. Comments received during this period will become part of the public record. After thirty 30 days, the Commission again will review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make final the agreements proposed order.
Since 2015, Everalbum has operated Ever, a photo storage and organization application available as an iOS or Android mobile application app and in web and desktop formats. Ever allows consumers to upload photos and videos collectively, content from mobile devices, computers, or social media or cloud-based storage service accounts to Evers cloud servers. In February 2017, Everalbum launched a new feature of the Ever mobile app, called Friends.
The Friends feature uses face recognition to organize users photos by faces of the people who appear in them.
When Everalbum launched the Friends
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feature, it enabled face recognition by default for all users of the Ever mobile app.
Everalbums application of face recognition to Ever app users content has not been limited to providing the Friends feature. The Commissions proposed complaint alleges that, in four instances, Everalbum used images it extracted from Ever users photos in the development of face recognition technology. In one such instance, Everalbum used the resulting face recognition technology both in the Ever app and to build the face recognition services offered by its enterprise brand, Paravision formerly Ever AI.
The proposed two-count complaint alleges that Everalbum violated Section 5a of the FTC Act by misrepresenting the companys practices with respect to Ever users content.
Proposed complaint Count I alleges that Everalbum misrepresented the circumstances under which the company would apply face recognition to Ever users content. According to the proposed complaint, Everalbum published a help article entitled What is Face Recognition? on its website in July 2018. The proposed complaint alleges that the help article represented that the Ever apps Friends feature was not activeand, therefore, that Everalbum would not apply face recognition technology to users contentunless users affirmatively enabled the feature. The proposed complaint further alleges that the help article was false or misleading, because, until April 2019, for users in most geographic locations, Everalbum applied face recognition to users content by default and users could not use an app setting to turn off face recognition.
Proposed complaint Count II alleges that Everalbum misrepresented that the company would delete the content of Ever users who chose to deactivate their Ever accounts. According to the proposed complaint, when Ever users sought to deactivate their accounts, Everalbum presented them with pop-up messages that represented that account deactivation would result in Everalbum deleting their content. The proposed complaint alleges that Everalbum also made a similar representation in response to consumer inquiries and in its privacy policy. Despite its representations, Everalbum allegedly did not delete any users content upon account deactivation and instead stored the content indefinitely.
The proposed order contains provisions to address Respondents conduct and prevent it from engaging in the same or similar acts or practices in
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