; and (B) identifies or is linked or reasonably linkable, alone or in combination with other information, to the individual or a device that identifies or is linked or reasonably linkable to the individual, and shall include derived data and unique persistent identifiers. (4) Covered entity The term covered entity means a person, partnership, or corporation subject to the jurisdiction of the Commission under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ). (5) De-identified data The term de-identified data means information that has been processed such that the information does not identify and is not linked or reasonably linkable to a distinct individual or a device, regardless of whether the information is aggregated, and if the covered entity holding such information— (A) takes reasonable technical measures to ensure that the information cannot, at any point, be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual; (B) publicly commits in a clear and conspicuous manner— (i) to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and (ii) to not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual; and (C) contractually obligates any person or entity that receives the information from the covered entity— (i) to comply with all of the provisions of this paragraph with respect to the information