; collection The terms collect and collection mean buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring covered data by any means, including by passively or actively observing the individual’s behavior. (5) Common branding The term common branding means a shared name, servicemark, or trademark. (6) Control The term control means, with respect to an entity— (A) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of the entity; (B) control in any manner over the election of a majority of the directors of the entity (or of individuals exercising similar functions); or (C) the power to exercise a controlling influence over the management of the entity. (7) Commission The term Commission means the Federal Trade Commission. (8) Covered data (A) In general The term covered data means information that identifies, or is linked or reasonably linkable to an individual or a consumer device, including derived data. (B) Exclusions Such term does not include— (i) de-identified data; (ii) employee data; and (iii) public records. (9) Covered entity (A) In general The term covered entity means any entity or person that— (i) is subject to the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.)