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1923172

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chair

Noah Joshua Phillips

Rohit Chopra

Christine S. Wilson 

In the Matter of

EVERALBUM, INC., also d/b/a EVER

and PARAVISION, a corporation. 

DECISION AND ORDER 

DOCKET NO. C-4743

DECISION

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts and 

practices of the Respondent named in the caption. The Commission’s Bureau of Consumer 

Protection (“BCP”) prepared and furnished to Respondent a draft Complaint. BCP proposed to 

present the draft Complaint to the Commission for its consideration. If issued by the 

Commission, the draft Complaint would charge the Respondent with violations of the Federal 

Trade Commission Act.

Respondent and BCP thereafter executed an Agreement Containing Consent Order (“Consent 

Agreement”). The Consent Agreement includes: 1) statements by Respondent that it neither 

admits nor denies any of the allegations in the Complaint, except as specifically stated in this 

Decision and Order, and that only for purposes of this action, it admits the facts necessary to 

establish jurisdiction; and 2) waivers and other provisions as required by the Commission’s 

Rules.

The Commission considered the matter and determined that it had reason to believe that 

Respondent has violated the Federal Trade Commission Act, and that a Complaint should issue 

stating its charges in that respect. The Commission accepted the executed Consent Agreement 

and placed it on the public record for a period of thirty (30) days for the receipt and consideration 

of public comments. The Commission duly considered any comments received from interested 

persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. Now, in further conformity with 

the procedure prescribed in Rule 2.34, the Commission issues its Complaint, makes the 

following Findings, and issues the following Order: 
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Findings

1. The Respondent is Everalbum, Inc., also d/b/a Ever and Paravision, a Delaware 

corporation with its principal office or place of business at 1160 Gorgas Ave., San 

Francisco, California 94129.

2. The Commission has jurisdiction over the subject matter of this proceeding and over the 

Respondent, and the proceeding is in the public interest.

ORDER

Definitions

For purposes of this Order, the following definitions apply:

A. “Affected Work Product” means any models or algorithms developed in whole or in 

part using Biometric Information Respondent collected from Users of the “Ever” 

mobile application.

B. “Biometric Information” means data that depicts or describes the physical or biological 

traits of an identified or identifiable person, including depictions (including images), 

descriptions, recordings, or copies of an individual’s facial or other physical features 

(e.g., iris/retina scans), finger or handprints, voice, genetics, or characteristic 

movements or gestures (e.g., gait or typing pattern).

C. “Clearly and Conspicuously” means that a required disclosure is difficult to miss (i.e., 

easily noticeable) and easily understandable by ordinary consumers, including in all of 

the following ways:

1. In any communication that is solely visual or solely audible, the disclosure must be 

made through the same means through which the communication is presented. In any 

communication made through both visual and audible means, such as a television 

advertisement, the disclosure must be presented simultaneously in both the visual and 

audible portions of the communication even if the representation requiring the 

disclosure (“triggering representation”) is made through only one means.

2. A visual disclosure, by its size, contrast, location, the length of time it appears, and 

other characteristics, must stand out from any accompanying text or other visual 

elements so that it is easily noticed, read, and understood.

3. An audible disclosure, including by telephone or streaming video, must be delivered 

in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and 

understand it.

4. In any communication using an interactive electronic medium, such as the Internet or 

software, the disclosure must be unavoidable.
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5. The disclosure must use diction and syntax understandable to ordinary consumers and

must appear in each language in which the triggering representation appears.

6. The disclosure must comply with these requirements in each medium through which 

it is received, including all electronic devices and face-to-face communications.

7. The disclosure must not be contradicted or mitigated by, or inconsistent with, 

anything else in the communication.

8. When the representation or sales practice targets a specific audience, such as children, 

the elderly, or the terminally ill, “ordinary consumers” includes reasonable members 

of that group.

D. “Covered Information” means information from or about an individual consumer, 

including: (1) a first and last name; (2) a physical address; (3) an email address or other 

online contact information, such as an instant messaging user identifier or a screen 

name; (4) a telephone number; (5) a Social Security number; (6) a driver’s license or 

other government-issued identification number; (7) a financial account number; (8) 

credit or debit card information; (9) photos and videos; (10) Biometric Information; 

(11) descriptive information derived from Biometric Information, including a Face 

Embedding; (12) a persistent identifier, such as a customer number held in a “cookie,” 

a static Internet Protocol (“IP”) address, a mobile device ID, processor serial number, 

user ID, or any other persistent identifier that can be used to recognize a user over time 

and/or across different devices, websites or online services; or (13) any information 

combined with any of (1) through (12) above.

E. “Face Embedding” means data, such as a numeric vector, derived in whole or in part 

from an image of an individual’s face.

F. “Respondent” means Everalbum, Inc., also doing business as Ever and Paravision, and 

its successors and assigns.

G. “User” means a person who has downloaded, accessed, and/or used software, such as a 

mobile application, developed, operated, or offered by Respondent and marketed to 

consumers for personal use, including the “Ever” mobile application.

Provisions

I. Prohibition against Misrepresentations

IT IS ORDERED that Respondent; and Respondent’s officers, agents, and employees; and 

all other persons in active concert or participation with any of them, who receive actual notice of 

this Order, whether acting directly or indirectly, in connection with any product or service must 

not misrepresent in any manner, expressly or by implication: 
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A. The extent to which Respondent collects, uses, discloses, maintains, or deletes any 

Covered Information;

B. The extent to which consumers can control the collection, use, disclosure, maintenance, 

or deletion of Covered Information;

C. The extent to which Respondent accesses or permits access to Covered Information; 

D. The extent to which, purposes for which, or duration of time during which Respondent 

retains any Covered Information following a consumer’s deletion or deactivation of a 

user account with Respondent; or

E. The extent to which Respondent otherwise protects the privacy, security, availability, 

confidentiality, or integrity of any Covered Information.

II. Notice and Affirmative Express Consent Provision

IT IS FURTHER ORDERED that Respondent; and Respondent’s officers, agents, and 

employees; and all other persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with any product 

or service, prior to using Biometric Information collected from a User to (1) create a Face 

Embedding or (2) train, develop, or alter any face recognition model or algorithm, must:

A. Clearly and Conspicuously disclose to the User from whom Respondent has collected the 

Biometric Information, separate and apart from any “privacy policy,” “terms of use” 

page, or other similar document, all purposes for which Respondent will use, and to the 

extent applicable, share, the Biometric Information; and 

B. Obtain the affirmative express consent of the User from whom Respondent collected the 

Biometric Information.

Provided, however, Respondent need not comply with this provision in connection with any 

product or service that is only offered to Users outside the United States.

III. Deletion 

IT IS FURTHER ORDERED that Respondent; and Respondent’s officers, agents, and 

employees; and all other persons in active concert or participation with any of them, who receive 

actual notice of this Order, must, unless prohibited by law: 

A. Within thirty (30) days after the issuance date of this Order, delete or destroy all photos 

and videos that Respondent collected from Users who requested deactivation of their 

Ever accounts on or before the issuance date of this Order, and provide a written

statement to the Commission, sworn under penalty of perjury, confirming that all such 

information has been deleted or destroyed;
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B. Within ninety (90) days after the issuance of this Order, delete or destroy all Face 

Embeddings derived from Biometric Information Respondent collected from Users who 

have not, by that date, provided express affirmative consent for the creation of the Face 

Embeddings, and provide a written statement to the Commission, sworn under penalty of 

perjury, confirming that all such information has been deleted or destroyed; and

C. Within ninety (90) days after the issuance of this Order, delete or destroy any Affected 

Work Product, and provide a written statement to the Commission, sworn under penalty 

of perjury, confirming such deletion or destruction.

Provided, however, that any photos, videos, Face Embeddings, Affected Work Product, or 

other matter that Respondent is otherwise required to delete or destroy pursuant to this provision 

may be retained, and may be disclosed, as requested by a government agency or otherwise 

required by law, regulation, court order, or other legal obligation, including as required by rules 

applicable to the safeguarding of evidence in pending litigation. In each written statement to the 

Commission required by this provision, Respondent shall describe in detail any relevant 

information that Respondent retains on any of these bases and the specific government agency, 

law, regulation, court order, or other legal obligation that prohibits Respondent from deleting or 

destroying such information. Within thirty (30) days after the obligation to retain the 

information has ended, Respondent shall provide an additional written statement to the 

Commission, sworn under penalty of perjury, confirming that Respondent has deleted or 

destroyed such information.

IV. Acknowledgments of the Order

IT IS FURTHER ORDERED that Respondent obtain acknowledgments of receipt of this 

Order:

A. Respondent, within ten (10) days after the issuance date of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of perjury.

B. For ten (10) years after the issuance date of this Order Respondent must deliver a copy of 

this Order to: (1) all principals, officers, directors, and LLC managers and members; (2) 

all employees, agents, and representatives having managerial responsibilities for conduct 

related to the subject matter of the Order; and (3) any business entity resulting from any 

change in structure as set forth in the Provision titled Compliance Reports and Notices. 

Delivery must occur within ten (10) days after the effective date of this Order for current 

personnel. For all others, delivery must occur before they assume their responsibilities.

C. From each individual or entity to which Respondent delivered a copy of this Order, 

Respondent must obtain, within thirty (30) days, a signed and dated acknowledgment of 

receipt of this Order.

V. Compliance Reports and Notices

IT IS FURTHER ORDERED that Respondent make timely submissions to the 
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Commission:

A. One year after the issuance date of this Order, Respondent must submit a compliance 

report, sworn under penalty of perjury, in which Respondent must: (a) identify the 

primary physical, postal, and email address and telephone number, as designated points 

of contact, which representatives of the Commission may use to communicate with 

Respondent; (b) identify all of the Respondent’s businesses by all of their names, 

telephone numbers, and physical, postal, email, and Internet addresses; (c) describe the 

activities of each business, including the goods and services offered, what Covered 

Information is collected, and the means of advertising, marketing, and sales; (d) describe 

in detail whether and how Respondent is in compliance with each Provision of this Order, 

including a discussion of all of the changes the Respondent made to comply with the 

Order; and (e) provide a copy of each Acknowledgment of the Order obtained pursuant to 

this Order, unless previously submitted to the Commission.

B. Respondent must submit a compliance notice, sworn under penalty of perjury, within 

fourteen (14) days of any change in the following: (a) any designated point of contact or 

(b) the structure of Respondent or any entity that Respondent has any ownership interest 

in or controls directly or indirectly that may affect compliance obligations arising under 

this Order, including: creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order.

C. Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against Respondent within fourteen (14) days of 

its filing.

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying the 

date, signatory’s full name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by 

overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, 

Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue 

NW, Washington, DC 20580. The subject line must begin: “In re Everalbum, Inc., FTC 

File No. 1923172.”

VI. Recordkeeping

IT IS FURTHER ORDERED that Respondent must create certain records for ten (10)

years after the issuance date of the Order, and retain each such record for five (5) years, unless 

otherwise specified below. Specifically, Respondent must create and retain the following 

records:
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A. Accounting records showing the revenues from all goods or services sold, the costs 

incurred in generating those revenues, and resulting net profit or loss;

B. Personnel records showing, for each person providing services in relation to any aspect of 

the Order, whether as an employee or otherwise, that person’s: name; addresses; 

telephone numbers; job title or position; dates of service; and (if applicable) the reason 

for termination;

C. Copies or records of all consumer complaints and refund requests, whether received 

directly or indirectly, such as through a third party, and any response;

D. A copy of each widely disseminated representation by Respondent that describes the 

extent to which Respondent maintains or protects the privacy, security, availability, 

confidentiality, or integrity of any Covered Information, including any representation 

concerning a change in any website, mobile app, or other service controlled by 

Respondent that relates to privacy, security, availability, confidentiality, or integrity of 

Covered Information; and 

E. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the Commission.

VII. Compliance Monitoring

IT IS FURTHER ORDERED that, for the purpose of monitoring Respondent’s compliance 

with this Order:

A. Within ten (10) days of receipt of a written request from a representative of the 

Commission, Respondent must: submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury, and produce records for 

inspection and copying.

B. For matters concerning this Order, representatives of the Commission are authorized to 

communicate directly with Respondent. Respondent must permit representatives of the 

Commission to interview anyone affiliated with Respondent who has agreed to such an 

interview. The interviewee may have counsel present.

C. The Commission may use all other lawful means, including posing through its 

representatives as consumers, suppliers, or other individuals or entities, to Respondent or 

any individual or entity affiliated with Respondent, without the necessity of identification 

or prior notice. Nothing in this Order limits the Commission’s lawful use of compulsory 

process, pursuant to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1.

VIII. Order Effective Dates

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 
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publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate 

twenty (20) years from the date of its issuance (which date may be stated at the end of this Order, 

near the Commission’s seal), or twenty (20) years from the most recent date that the United 

States or the Commission files a complaint (with or without an accompanying settlement) in 

federal court alleging any violation of this Order, whichever comes later; provided, however, that 

the filing of such a complaint will not affect the duration of:

A. Any Provision in this Order that terminates in less than twenty (20) years;

B. This Order if such complaint is filed after the Order has terminated pursuant to this

Provision.

Provided, further, that if such complaint is dismissed or a federal court rules that the 

Respondent did not violate any provision of the Order, and the dismissal or ruling is either not 

appealed or upheld on appeal, then the Order will terminate according to this Provision as though 

the complaint had never been filed, except that the Order will not terminate between the date 

such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the 

date such dismissal or ruling is upheld on appeal. 

By the Commission. 

April J. Tabor

Secretary 

SEAL:

ISSUED: May 6, 2021