The Scherzer Deal Report: Nov 20-27, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


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PE and VC Firms Fundraising
Location
Amount
Description
Next Coast Ventures Austin, TX $130M Second fund
Novacap Montreal, Canada C$940 Fifth fund
Weekend Fund Seattle WA $10M Second fund


Private Equity Investors Company Amount Description
Cinven Barentz Undisclosed Dutch ingredients distributor for the food, pharmaceutical, personal care, and animal nutrition markets
Pfingsten Environmental Lights Undisclosed San Diego, CA-based maker of commercial LED lighting
Silver Lake First Advantage Undisclosed Atlanta, GA-based background check provider
ClearLight Partners Handel’s Undisclosed Youngstown, OH-based ice cream shop franchise
New Mountain Capital Horizon Group Services Undisclosed Newark, DE-based provider of residential HVAC, plumbing and electrical services
Levine Leichtman Capital Partners Milton Industries Undisclosed Chicago, IL-based maker of tools and accessories for pneumatic applications
Encore Consumer Capital Murry’s Undisclosed Greenbelt, MD-based maker of frozen French toast sticks and bites
Kartesia Richardson Undisclosed Philadelphia, PA-based provider of enterprise sales training to the Fortune 1000
Harvest Partners Service Express Undisclosed Grand Rapids, MI-based provider of post-warranty data center equipment maintenance service


Private Equity Investors Company Amount Description
Volition Capital Arteza $24M Miami, FL-based direct-to-consumer arts and crafts supplier
Salesforce Ventures, SoftBank Vision Fund, Goldman Sachs Automation Anywhere $290M San Jose, CA-based robotic process automation startup
Point72 Ventures, GSR Ventures Deep 6 AI $17M Pasadena, CA-based provider of clinical trials acceleration software
Insight Partners, Accel, FirstMark, SignalFire, Shasta Ventures Frame.io $50M New York-based video review and collaboration platform
Galaxy Interactive, Valor Equity, K5 Global, March Capital Partners, OCA Ventures, Makers Fund, Horizons Ventures Genvid Technologies $27M New York-based interactive video streaming engine
Aperex Technologies, Showa Denko, Cabot Corp., BASF, OVP Venture Partners Group14 Technologies $18M Seattle, WA-based developer of materials for electric vehicle batteries
Redpoint Ventures, Felicis Ventures, Ribbit Capital, Zigg Capital Juniper Square $75M San Francisco, CA-based investment management platform for commercial real estate
Sequoia Capital, Kleiner Perkins, Kevin Systrom, Mike Krieger Loom $30M San Francisco, CA-based video-based enterprise collaboration platform
Accel, 8VC Nines $16.5M Palo Alto, CA-based teleradiology startup
Thrive Capital Rightway Healthcare $20M New York-based health benefits navigation platform
Spectrum Equity Scribd $58M San Francisco-based subscription reading service
Meritech Capital, Spark Capital, GGV Capital, True Ventures Tray.io $50M San Francisco, CA-based workflow automation platform

November 29th, 2019|Scherzer Deal Report|

The Scherzer Deal Report: Nov 13-20, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


Manage your Scherzer International subscription(s).

PE and VC Firms Fundraising Location Amount Description
.406 Ventures Boston, MA $294M Fourth fund
Alpine Investors San Francisco, CA $1B Seventh fund
Balance Point Capital Westport, CT $85M Fourth fund
CAVU Venture Partners New York, NY $250M Third fund
CincyTech Cincinnati, OH $50M Fifth fund
Clocktower Technology Ventures  Santa Monica, CA $70M Second fund focused on early-stage fintech companies
Elliott Management New York, NY $2B Buyout fund
HarbourVest Partners Boston, MA $3B Fifth co-investment private equity fund
Impact Engine Chicago, IL $25M Second fund
Kindred Ventures San Francisco, CA $55M Debut fund
Northgate Capital San Francisco, CA $120M Eighth VC fund-of-funds
NovaQuest Raleigh, NC $275M New fund
OpenView Venture Partners Boston, MA $450M Sixth fund
Palm Drive Capital New York, NY $44M Third fund
Sightway Capital New York, NY $1.2B Debut fund
The House Fund Berkeley, CA $44M Second fund
Unusual Ventures Menlo Park, CA $400M Second fund


Private Equity Investors Company Amount Description
Vista Equity Partners Accelya Undisclosed Spanish provider of financial and commercial analytics to the airline industry
Clayton, Dubilier & Rice  Cynosure Undisclosed Westford, MA-based maker of medical aesthetics systems
HKW John M. Floyd & Associates Undisclosed Baytown, TX-based provider of overdraft program software for regional banks and credit unions
Providence Equity Partners N2y Undisclosed Huron, OH-based provider of software and curriculum to the K-12 special ed market
Cerberus Capital Management Off Lease Only Undisclosed West Palm Beach, FL-based used car dealer
Advent International Olaplex Undisclosed Santa Barbara, CA-based professional hair care brand
RedBird Capital Partners OneTeam Partners $125M New York and Washington, DC-based management group for pro athlete portrayals
Luminate Capital Partners Quantivate Undisclosed Woodinville, WA-based risk mitigation and compliance platform for financial institutions
Brighton Park Capital Relatient Undisclosed Franklin, TN-based provider of healthcare patient engagement software 
Vista Equity Partners  Sonatype Undisclosed Fulton, MD-based open-source automation company
Dominus Capital  Surface Preparation Technologies Undisclosed New Kingstown, PA-based provider of roadway rumble strips
Hanover Partners Westside Undisclosed Madera, CA-based maker of tomato and pistachio harvesting equipment


Private Equity Investors Company Amount Description
Greylock Abnormal Security $24M San Francisco, CA-based cloud email security startup
Triangle Peak Partners, NewView Capital Partners, Alsop Louie Partners, Eastward Capital Partners Aerospike $32M Mountain View, CA-based provider of NoSQL data solutions
Shasta Ventures, Unusual Ventures Banyan Security $17M San Francisco, CA-based provider of secure remote access solutions
Insight Partners, Sequoia Capital, Battery Ventures, Mayfield BigPanda $50M Mountain View, CA-based autonomous ops platform
Kleiner Perkins, Coinbase Ventures, ConsenSys, A Capital, Collaborative Fund, Sound Ventures, Galaxy Digital, Initialized Capital Bison Trails $24.5M New York, NY-based blockchain protocols startup
ION Crossover Partners, MUFG, O.G. Tech, Vintage Investment Partners, Maor Investments, M12, Lightspeed Venture Partners, Menlo Ventures, 83North, SVB, Nationwide, Citi Ventures Blue Vine $102.5M Redwood City, CA-based provider of banking services to SMBs
Founders Fund, Coatue Management, A-Rod Corp, Atomic VC, CAA Ventures, Cherubic Ventures, Maverick Capital, Nine Four Ventures, Wing Ventures Bungalow $32M San Francisco, CA-based co-living company
Battery Ventures, MizMaa Ventures CHEQ $16M New York, NY-based ad fraud prevention startup
Altimeter Capital, Sutter Hill Ventures Clumio $135M San Jose, CA-based provider of enterprise data backup solutions
BuildGroup, Arthur Ventures, Gula Tech Adventures Cybrary $15M College Park, MD-based cybersecurity career development platform
Lightspeed Venture Partners CyCognito $23M Palo Alto, CA-based continuous attack surface testing platform
Palm Drive Capital, Altos Ventures, NFP Ventures, Stage 2 Capital, MPK Equity Partners, Seyen Capital, MK Capital DataCubes $15.2M Schaumburg, IL-based provider of underwriting decisioning software for P&C insurers
Reshape, Fifth Wall Ventures, Mitsui Fudosan, RXR Realty, Thor Equities, Bessemer Venture Partners, Alate Partners, Quiet Capital, S28 Capital, Canvas Ventures, Comcast Ventures, Upshift Partners, Impala Ventures, ENIAC Ventures, Crystal Towers Eden $25M San Francisco, CA-based workplace management platform
Foresite Capital GenapSys $90M Redwood City, CA-based genome sequencing company
Top Tier Capital Partners, CSL Ventures, Crosslink Capital, Bowery Capital, Blue Bear Capital GoExpedi $25M Houston, TX-based online procurement platform for oilfield services
Kleiner Perkins, S28 Capital, YC Gravitational $25M Oakland, CA-based cloud deployment startup
Bayer, Novartis, Evotec, M Ventures, Alexandria Venture Investments Immunitas Therapeutics $39M Boston, MA-based immuno-oncology startup
EQT Ventures, NFX, YC Let’s Do This $15M San Francisco and London-based online marketplace for endurance events
Javelin Venture Partners, Avon Ventures, Alumni Ventures, Hashed, Galaxy Digital, Struck Capital Mythical Games $19M Los Angeles, CA-based game publisher focused on “player-owned economies”
Griffin Gaming Partners, Galaxy Digital Capital, KPCB Holdings, Korea Investment Partners, TABLE, Blue Planet Software, Ocean Road N3twork $40M San Francisco, CA-based games publisher
General Atlantic, Banco Votorantim, Monashees, Omidyar Network, Propel, Quona, Mabi Neon $94M Brazilian digital bank
Capricorn Investment Group, Dell Technologies Capital, Mayfield, WRVI Capital, Nepenthe LLC Nuvia $53M Santa Clara, CA-based chip design startup
Adams Street Partners, Sapphire Ventures, AllianceBernstein Punchh $40M San Mateo, CA-based provider of customer marketing software for physical retailers
Citadel founder Ken Griffin Rex $40M Austin, TX-based residential real estate brokerage platform
Index Ventures Starburst $22M Boston, MA-based data analytics modernization startup
Spark Capital, General Catalyst, Hanaco Ventures, Empire Angels Superpedestrian $20M Boston, MA-based scooter fleet developer
Andreessen Horowitz, Base10 Partners Virtual Kitchen Co. $15M San Francisco, CA-based cloud kitchen startup
YC Continuity Fund Vouch $45M San Francisco, CA-based provider of business insurance to startups
BlueCross BlueShield Venture Partners, Threshold Ventures, F-Prime Capital Wellframe $20M Boston, MA-based digital health management company
MPM Capital, Longwood Fund, Taiho Ventures, Arkin Bio Ventures, UPMC Enterprises, DC Investment Partners Werewolf Therapeutics $56M Cambridge, MA-based developer of cancer drugs
 DCVC Bio X-37 $14.5M San Francisco, CA-based AI-enabled drug discovery startup

November 21st, 2019|Scherzer Deal Report|

The Scherzer Deal Report: Nov 6-13, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


Manage your Scherzer International subscription(s).

PE and VC Firms Fundraising Location Amount Description
Altas Partners Toronto, Canada $3B Second fund
Boldstart Ventures New York, NY $157M Fourth seed and early-stage fund and first opportunities fund
CVC Capital Partners Luxembourg $1.6M Second growth equity fund
Inspired Capital New York, NY $200M Debut fund
Newbury Partners Stamford, CT $1.75B Fifth fund
Norwest Venture Partners Palo Alto, CA $2B Fifteenth fund
Pathlight Capital  Hingham, MA $540M Debut fund
SK Capital Partners New York, NY $400M New fund
The Chernin Group Los Angeles, CA $700M Debut fund


Private Equity Investors Company Amount Description
Industrial Growth Partners ASPEQ Undisclosed St. Louis, MO-based manufacturer of highly engineered electric-heating and thermal-management technologies
Gemspring Capital Crafty Apes Undisclosed New York, NY-based visual effects company 
Sverica Gryphon Networks Undisclosed Boston, MA-based provider of sales performance management and compliance software
General Catalyst, Emerson Collective, Iconiq Capital, Lead Edge Capital, Workday Ventures, Salesforce Ventures, Next Play Capital, Silicon Valley Bank, Felicis Ventures, Bessemer Ventures, Redpoint Ventures, Harrison Metal Guild Education $157M Denver, CO-based education benefits platform focused on creating opportunity for America’s workforce through education
Advent International  Mariana Tek Undisclosed Washington, DC-based provider of business management software for the fitness market
Butterfly Equity Orgain Undisclosed Irvine, CA-based maker of organic and “clean” protein powders, shakes, and nutrition bars
Dyal Capital Owl Rock Capital  $500M New York, NY-based private debt lender
Main Post Partners  Sugared + Bronzed Undisclosed Beverly Hills, CA-based provider of sugaring and sunless tanning services
Apollo Global Management Tech Data $5.4B Clearwater, FL-based IT equipment distributor
Starwood Energy Group Third Coast Midstream Undisclosed Lavaca, TX-based gas gathering infrastructure


Private Equity Investors Company Amount Description
Accel, Slack Fund 1Password $200M Toronto, Canada-based online password manager
Wellington Management, Fidelity, Bain Capital Ventures, Bessemer Venture Partners, Tribeca Venture Partners ACV Auctions $150M Buffalo, NY-based wholesale auto auction site
Sequoia Capital, BV, Closed Loop Partners, Congruent Ventures, Sidewalk Labs AMP Robotics $16M Denver, CO-based developer of robots for sorting recyclable materials
Optum Ventures, Pritzker Group VC, Baird Capital, Math Ventures, Levy Family Partners, Illinois Ventures, Wintrust Apervita $22M Chicago, IL-based healthcare analytics platform
Atlas Ventures, Pfizer Ventures, Tekla Capital, BioInnovation Capital Arkuda Therapeutics $44M Cambridge, MA-based biotech focused on dementia
RTW Investments, Cormorant Asset Management, CureDuchenne, Logos Capital, Partner Fund Management, Perceptive Advisors, ST Pharm, Alethea Capital, Alexandria Venture Investments, Boxer Capital, Brace Pharma Capital, EcoR1 Capital, Takeda Ventures Avidity Biosciences $100M La Jolla, CA-based biotech startup focused on rare muscle disorders
Generation Investment Management, T. Rowe Price, Baillie Gifford, Fidelity, Durable Capital Partners, CapitalG, Lone Pine Capital Convoy $400M Seattle, WA-based marketplace that connects truckers and shippers
Index Ventures, Sussex Place Ventures, Contour Ventures, Partnership Fund for New York, Outrun Ventures Cutover $17M New York-based work orchestration and observability platform
Bessemer Venture Partners, Energize Ventures, AirTree, Emergence Capital, Scale Venture Partners, Uncork Capital DroneDeploy $35M San Francisco, CA-based drone mapping and analytics platform
GreatPoint Ventures, Pritzker Group VC, Lightbank, Shah Capital Partners Extend $16.4M San Francisco, CA-based extended warranties-as-a-service startup
Accel, CapitalG, Sequoia Capital Freshworks $150M San Mateo, CA-based provider of customer support software
Kairos Ventures, Bold Capital Partners GuRu Wireless $15M Pasadena, CA-based millimeter-wave technology startup
Insight Partners Hundred $8M New York, NY-based personalized vitamin brand
Founders Fund iSee $15M Cambridge, MA-based autonomous driving startup for trucks
Panorama Point Partners, Iron Gate Capital, DH Capital Liqid $28M Broomfield, CO-based composable infrastructure hardware and software platform
Battery Ventures LogRocket $15M Cambridge, MA-based startup focused on identifying and fixing software bugs
ICONIQ Capital, Kleiner Perkins, Sapphire Ventures, Lightspeed Venture Partners, Bain Capital Ventures, Comerica Bank Moveworks $75M Mountain View, CA-based provider of automated employee IT support services
Bain Capital Ventures, Venrock Nightfall $15.5M San Francisco, CA-based data loss prevention platform
Clearvision Ventures, Sequoia Capital, Invicta Growth, Bunge Ventures, Chevron, Goldman Sachs, Tech Pioneers Fund, GV, Geodesic Capital, SKY Perfect JSAT, Intellectus Partners, Lux Capital Orbital Insight $50M Mountain View, CA-based provider of geospatial analytics solutions
Paychex founder Tom Golisano PostProcess Technologies $20M Buffalo, NY-based provider of automated finishing solutions for 3D-printed products
Blue Ox Healthcare Partners Sera Prognostics $36M Salt Lake City, UT-based prenatal diagnostics startup
CVC Growth Partners, Centana Growth Partners, Voyager Capital SheerID $64M Portland, OR-based marketing ID verification company
F-Prime Capital, Sequoia Capital, Freestyle Capital, Founders Fund Snapdocs $25M San Francisco, CA-based home mortgage closing platform
Spectrum Equity Spreedly $75M Durham, NC-based provider of digital payments optimization software
Shasta Ventures, Salesforce Ventures, Steve Young Threekit $20M Chicago, IL-based developer of immersive product experiences for brands and retailers
Razor’s Edge Ventures, New York City Ventures, Paladin Capital Group, RRE Ventures, S&P Global Ursa $15M Ithaca, NY-based geospatial analytics-as-a-service startup
Foundry Group, Two Sigma Ventures, Accomplice, Thursday Ventures, Promus Ventures, SVB Whoop $55M Boston, MA-based maker of wearable fitness trackers
Redpoint Ventures, Norwest Venture Partners, Geodesic Capital, Battery Ventures, Storm Ventures Workato $70M Cupertino, CA-based automation platform for workflow management
Vulcan Capital, Marubeni Corp., Madrona Venture Group, Tenaya Capital Wrench $20M Seattle, WA-based on-demand vehicle repair service for consumers and fleets

November 15th, 2019|Scherzer Deal Report|

The Scherzer Deal Report: Oct 30-Nov 6, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


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PE and VC Firms Fundraising Location Amount Description
Brookfield Asset Management Toronto, Canada $9B Fifth flagship private equity fund
KKR New York and London €5.8B Fifth European buyout fund
L Catterton Asia Singapore $1.45B Third fund
Modus Capital New York and Egypt $75M Fund targeting early and growth stage companies across the Middle East and North Africa
Peak Ventures Lehi, UT $75M Third fund for firm formerly known as Album VC


Private Equity Investors Company Amount Description
Yellow Wood Partners Dr. Scholl’s  $585M Global foot-care products brand
BV Investment Partners EDCO Health Information Solutions Undisclosed St. Louis-based provider of automated unstructured data indexing software for healthcare providers
NGL Energy Partners Hillstone Environmental Partners Undisclosed Denver, CO-based provider of water pipeline and disposal infrastructure solutions
ICV Partners JK & T Wings Undisclosed Shelby Charter, MI-based franchisee of Buffalo Wild Wings restaurants
Spectrum Equity Kajabi Undisclosed Irvine, CA-based platform that helps individuals and small businesses create online courses and training materials
First Reserve Lamons Undisclosed Houston, TX-based gaskets manufacturer
Gravity On Point Oilfield Holdings Undisclosed Permian Basin produced water midstream business
CVC Capital Partners Ontic Undisclosed Chatsworth, CA-based provider of OEM-licensed parts for aerospace platforms
CPPIB Pattern Energy Undisclosed San Francisco, CA-based renewable energy group
CI Capital Partners WTS International Undisclosed Rockville, MD-based spa design and management firm
Harvest Partners Yellowstone Landscape Undisclosed Bunnell, FL-based provider of commercial landscaping services


Private Equity Investors Company Amount Description
The Column Group, Vida Ventures, Samsara BioCapital, Nextech Invest A2 Biotherapeutics $57M Agoura Hills, CA-based developer of cell therapies for cancer
Palisades Growth Capital, Innov8, Asahi Kasei, Accelmed Growth Partners, SpringRock Ventures, Baird Capital, New Leaf Venture Partners, Pritzker Group, Biomatics Capital, Tribeca Venture Partners, SVB AiCure $24.5M New York-based visual recognition platform for monitoring patient progress in clinical trials
H.I.G. BioHealth Partners, 7wire Ventures, SV Health Investors, Bluestem Capital Clarify Medical $18M San Diego, CA-based developer of a phototherapy device for treating psoriasi
Fresenius Medical Care, Wellington Partners, Bayer, Arch Venture Partners, Biomatics Capital, Alta Partners, Khosla Ventures eGenesis $100M Cambridge, MA-based gene editing biotech startup
SV Health Investors, BlueCross BlueShield Venture Partners Healthify $16M New York-based healthcare referrals platform
Zeev Ventures, Group 11, Menlo Ventures, Crosslink Capital, Stereo Capital HomeLight $63M San Francisco, CA-based platform for matching home-sellers with real estate agents
Community Investment Management Kenzie Academy $100M Indianapolis, IN-based software engineering apprenticeship school
Goldman Sachs LeaseQuery $40M Atlanta, GA-based provider of lease accounting software
Comcast Ventures, NEA, Andreessen Horowitz, Pillar VC, Amdocs Neural Magic $15M Somerville, MA-based machine learning startup that leverages commodity CPUs, 
Insight Partners, Bessemer Venture Partners, New Era Capital Partners, Dynamic Loop Capital Papaya Global $45M New York-based payroll and payment management platform
General Atlantic, General CatalystMerck, Bristol-Myers Squibb PathAI $75M Boston, MA-based computational pathology startup
Georgian Partners, Wells Fargo, Citi Ventures, Untitled Investments, Sapphire Ventures, Bain Capital, Primary Venture Partners Reonomy $60M New York-based commercial real estate data and analytics platform
Norwest Venture Partners Senreve $16.75M San Francisco, CA-based maker of luxury handbags
NEA, CureDuchenne Ventures Shape Therapeutics $35.5M Seattle, WA-based developer of RNA-editing gene therapies
Khosla Ventures, Mayfield, M12 Volterra $50M Santa Clara, CA-based provider of distributed cloud services

November 8th, 2019|Scherzer Deal Report|

The Scherzer Deal Report: Oct 23-30, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


Manage your Scherzer International subscription(s).

PE and VC Firms Fundraising Location Amount Description
Crestline Investors Fort Worth, TX $360M Third Europe-focused opportunities fund
KKR New York, NY $2B Second tech-focused growth equity fund
Rise of the Rest Washington, DC and San Francisco, CA $150M Second seed fund
The Carlyle Group New York, NY €6.4B Fifth European buyout fund


Private Equity Investors Company Amount Description
Clayton, Dubilier & Rice Anixter International Undisclosed Glenview, IL-based distributor of solutions for network & security, electrical & electronic solutions and utility power
Graham Partners Gatekeeper Systems Undisclosed Foothill Ranch, CA-based provider of intelligent shopping cart systems for retailers
SK Capital  GEON Performance Solutions Undisclosed Avon Lake, OH-based plastic compounded solutions group
The Carlyle Group Hilb Group Undisclosed Richmond, VA-based insurance brokerage
Rockbridge Growth Equity ProSites Undisclosed Temecula, CA-based online marketing firm
Granite Creek Capital Partners, Red Arts Capital  Sunset Pacific Transportation Undisclosed Chino, CA-based leasing logistics company


Private Equity Investors Company Amount Description
Tiger Global, Accel, Vulcan Capital, Founders Co-op Ally $15M Seattle, WA-based goal-setting and business performance management software provider
Ampersand Capital Partners Arranta Bio $82M Watertown, MA-based microbiome contract development and manufacturing organization (CDMO)
CRV, Formation 8, Ignition Partners, Liberty Global Ventures Aviatrix $40M Santa Clara, CA-based provider of networking and security services for multi-cloud enterprises
Evolution Ventures, Macy’s, Khosla Ventures, Peak State Ventures b8ta $50M San Francisco, CA-based retail-as-a-service startup
Volition Capital Burst Oral Care $20M Los Angeles, CA-based sonic oral care company
OMERS Ventures, Emergence Capital, Mayfield, Cowboy Ventures, Verizon Ventures Crunchbase $30M San Francisco, CA-based provider of private-company prospecting and research solutions
Forerunner Ventures Curated $27.5M San Francisco, CA-based personalized online shopping platform
Breakout Ventures, Blackhorn Ventures, Western Technology Investment Cytovale $15M San Francisco, CA-based developer of biomarkers for early detection of sepsis
ST Telemedia, Redpoint Ventures, Kleiner Perkins, Nextworld Capital, Citi Ventures, Top Tier Capital Partners Datameer $40M San Francisco, CA-based big data analytics platform
Novo Holding, Access Biotech, Atlas Venture Disc Medicine $50M Cambridge, MA-based hematology startup
JAFCO, Goldman Sachs, NEC Corp DotData $23M San Mateo, CA-based data science automation startup
Intel Capital, Hearst Ventures, Team8 Duality Technologies $16M Newark, NJ-based provider of privacy-enhancing data science solutions based on homomorphic encryption
Guidepost Growth Equity Green Rabbit $31M Braintree, MA-based provider of cold chain e-commerce logistics for the food industry
Samsung Catalyst, Mubadala, ACME Capital, Airbus Ventures, Hewlett Packard Pathfinder, Tao Capital Partners, Correlation Ventures, A&E Investment, Amazon, NEA, GV, Osage University Partners IonQ $55M College Park, MD-based quantum computing startup
Point72 Ventures, Lululemon, LionTree, Spark Capital, Lerer Hippeau Mirror $34M New York, NY-based maker of at-home “mirrors” that stream studio fitness classes
Omega Funds, Aisling Capital, Altitude Life Science Ventures, Baupost Group, Boxer Capital, EDBI, ECOR1 Capital, Fidelity, Pavilion Capital, Perceptive Advisors, Redmile Group, Surveyor Capital Nuvation $275M New York, NY-based stealth biotechnology company developing proprietary therapies for oncology
ATW Partners, SJF Ventures, Health Catalyst Capital, Inova Health Systems, RTI International, ARUP Labs PierianDx $27M St. Louis-based clinical genomics informatics startup
Greylock, Thomvest, Bain Capital Ventures, NFX, NYCA Ventures Ribbon $30M New York, NY-based home finance startup
TDM Growth Partners Rokt $48M New York, NY-based e-commerce marketing company
NewView Capital, CPPIB, Baillie Gifford, Greycroft, Revolution Growth, Sands Capital Ventures Scopely $200M Los Angeles, CA-based mobile gaming company
Companion Fund, TTV Capital, FJ Labs, Struck Capital Scratchpay $15M Los Angeles, CA-based provider of payment plans for veterinary care
Georgian Partners Shipwell $35M Austin, TX-based software platform for managing trucking logistics
SignalFire, NextWorld Capital, Bloomberg Beta, Hillsven Capital Stampli $25M Mountain View, CA-based accounts payable automation and communications platform 
Andreessen Horowitz, Westlake Village BioPartners, Gilead Sciences, UPenn, Be The Match BioTherapeutics, American Cancer Society Tmunity Therapeutics $75M Philadelphia, PA-based developer of T-cell immunotherapies
WestRiver Group, RNS Partner Toca Football $25M Costa Mesa, CA-based soccer training startup
Health Enterprise Partners, MemorialCare Innocation Fund Twistle $16M Seattle, WA-based healthcare process automation startup
Silver Lake Vacasa $319M Portland, OR-based vacation rental management company

November 1st, 2019|Scherzer Deal Report|

The Scherzer Deal Report: Oct 16-23, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


Manage your Scherzer International subscription(s).

PE and VC Firms Fundraising Location Amount Description
Bloomberg Beta New York, NY $75M Third fund
Refactor Burlingame, CA $30M Second seed stage fund
TPG Sixth Street Partners San Francisco, CA $2.2B Capital Solutions fund


Private Equity Investors
Company
Amount
Description
SkyKnight Capital AeroCare Holdings Undisclosed Orlando, FL-based provider of home healthcare solutions for patients with chronic respiratory conditions
Lee Equity Partners Cosmetic Solutions Undisclosed Pompano Beach, FL-based contract manufacturer for skincare brands
LLR Partners, Parthenon Capital  DaySmart Software Undisclosed Ann Arbor, MI-based provider of business management software to the spa/salon, pet care, and tattoo markets
Power Digital Factorial Digital Undisclosed Asbury Park, NJ-based growth marketing and SEO agency
Anacapa Partners I4Pro Undisclosed São Paulo, Brazil-based provider of ERP software for the Brazilian insurance market
One Rock Capital Partners Innophos $932M Dallas, TX-based provider of furniture to off-campus student housing properties
Cerberus Capital Management Kellermeyer Bergensons Services Undisclosed Oceanside, CA-based industrial and commercial facilities management firm
Periscope Equity Mobile Solutions Undisclosed Centennial, CO-based SaaS mobile mobility management platform
One Equity Partners ORS MEDCO Undisclosed Deerfield, IL-based wholesaler of maintenance and repair focused non-discretionary and consumable industrial and automotive aftermarket products
Inmar OwnerIQ Undisclosed Boston, MA-based provider of self-support product information for consumers
Genpact Rightpoint Undisclosed Chicago, IL-based digital consultancy
Nautic Partners Spartech Undisclosed Maryland Heights, MO-based custom manufacturer of specialized acrylics and other engineered extruded plastics
Platinum Equity TruckPro Undisclosed Cordova, TN-based heavy-duty truck parts distributor


Venture Capital Investors Company Amount Description
General Atlantic, JMI Equity Benevity C$40M Canadian provider of corporate social responsibility and employee engagement software
Insight Partners, Accel Corelight $50M San Francisco, CA-based cybersecurity company
Andreessen Horowitz, Alkeon Capital Management, BlackRock, Coatue, Dragoneer, Geodesic, Green Bay Ventures, NEA, T. Rowe Price, Tiger Global Databricks $400M San Francisco, CA-based data analytics SaaS company
Northzone Disperse $15M London-based construction tech startup
Corner Ventures, Aleph, CPPIB, Innovation Endeavors, La Maison, Playground Ventures, Temasek Fabric $110M New York, NY-based innovative logistics company-based provider of automated retail logistics
Index Ventures, Spark Capital, Tribe Capital, SC Ventures, Glynn Capital, Greylock, NEA, Andreessen Horowitz Instabase $105M San Francisco, CA-based social platform for business data
GMAG Holdings, Winnebago Industries Motiv Power Systems $60M Foster City, CA-based electric truck chassis company
Mosaik Partners, Medici Ventures, Intuitive Venture Partners PeerNova $31M San Jose, CA-based provider of end-to-end digitization for financial institutions
DCVC Bio, The Column Group, M Ventures, CRV, Neotribe Ventures Plexium $28M San Diego, CA-based biotech focused on protein degredation
Redline Capital, MMC Ventures, GMG Ventures, Hearst Ventures Signal AI $25M New York, NY-based business intelligence and media monitoring startup
NEA, Andreessen Horowitz, a16z Cultural Leadership Fund, Green Bay Ventures Sisu $52.5M San Francisco, CA-based maker of diagnostic technology for structured data
Lux Capital, DFJ  Zoox $200M Foster City, CA-based self-driving automaker

October 25th, 2019|Scherzer Deal Report|

The Scherzer Deal Report: Oct 9-16, 2019


Here is this week’s Deal Report for private equity and venture capital activity for US-based PE and VC firms and portfolio companies, brought to you by Scherzer International.


Manage your Scherzer International subscription(s).

PE and VC Firms Fundraising Location Amount Description
BoxGroup New York, NY $165M Flagship vehicle ($82.5M) and an opportunities fund ($82.5M)
Craft Ventures San Francisco, CA $500M Second fund led by David Sacks
Day One Ventures San Francisco, CA $20M Third fund
Jackson Square Ventures San Francisco, CA $193M Third VC fund
KPS Capital Partners New York, NY $7B Fifth flagship buyout fund,($6B) and debut middle-market buyout fund ($1B)
M13 Los Angeles, CA $175M Second fund


Private Equity Investors Company Amount Description
Lovell Minnick Partners Billhighway Undisclosed Troy, MI-based provider of software and payment solutions to membership-based organizations
Whitney, Bradley & Brownn BRTRC Federal Solutions Undisclosed Vienna, VA-based provider of support services to U.S. military and intelligence agencies
The Carlyle Group Cepsa Undisclosed Spanish oil company
GHK Capital Partners Dura-Supreme Undisclosed Howard Lake, MN-based maker of semi-custom and custom cabinetry
Five Elms Capital FMX Undisclosed Columbus, OH-based provider of facilities and maintenance management software
The Carlyle Group HireVue Undisclosed Salt Lake City, UT-based provider of talent assessment and video interviewing software
KKR Hyperoptic Undisclosed British residential gigabit broadband provider
Blue Wolf Capital Partners Kirlin Design Build Undisclosed Rockville, MD-based engineering and construction company focused on large government and private-sector projects
Cornell Capital Lorom Undisclosed Taipei-based specialized cable manufacturing and assembly company
HGGC Monotype Imaging $825M Woburn, MA-based font licensor
Ampersand Capital Partners New England Peptid Undisclosed Gardner, MA-based provider of custom peptides and antibodies to the life sciences market
Lincolnshire Management Powerhouse Undisclosed Crowley, TX-based construction and facilities maintenance company
Baymark Partners Presidium Network Services Undisclosed Lakeland, FL-based IT services provider
Thoma Bravo Sophos Group Undisclosed British cybersecurity company
Cornell Capital Spectrum Automotive Undisclosed Fairfield, NJ-based agent, marketer and administrator of auto finance and insurance products
Revelstoke Capital Partners The Care Team Undisclosed Farmington Hills, MI-based provider of home health and hospice services
Rockbridge Growth Equity White Glove Undisclosed Birmingham, MI-based seminar marketing and planning company
Marlin Equity Partners Whitlock Undisclosed Richmond, VA-based provider of audiovisual and video collaboration solutions


Venture Capital Investors Company Amount Description
Accelled, Salesforce Ventures Algolia $110M San Francisco, CA-based search-as-a-service startup
Bond, General Catalyst, Bessemer Venture Partners, Blackbird, Sequoia China Canva $85M Australian design software company
Prelude Ventures, Innovation Endeavors, Moore Strategic Ventures, Next47 Citrine $20M Redwood City, CA-based materials data and AI platform
Tiger Global, Sequoia India CleverTap $35M Mountain View, CA-based mobile marketing and customer analytics platform
Novo Holdings, Venrock, DROIA Oncology Ventures, Osage University Partners, Lightstone Ventures, Celgene Cyteir Therapeutics $40.2M Lexington, MA-based cancer therapy startup
Union Grove Venture Partners, Ajax Strategies, Crosslink Capital, March Capital Partners Descartes Labs $20M Santa Fe, NM-based satellite imagery analytics startup
Edison Partners, Allos Ventures, Cultivation Capital Emplify $15M Indianapolis, IN-based employee engagement improvement startup
The Chernin Group Exploding Kittens $30M Los Angeles, CA-based maker of card games
e.ventures, Evolv Ventures, Poseidon Flowhub $23M Denver, CO-based provider of cannabis retail management software
Accel Galileo Financial $77M Salt Lake City, UT-based provider of backend software for fintech companies
Foundry Group, Lerer Hippeau, Kickstart Ventures, Gingerbread Capital Havenly $32M Denver, CO-based interior design platform
H.I.G Growth, Upfront Ventures, Accel, Morgan Stanley Invoca $56M Santa Barbara, CA-based provider of call tracking and conversational analytics software
Tiger Global Lattice $25M San Francisco, CA-based employee management platform
Walmart, Hut 8 Ventures, Lennar Level Home $71M Redwood City, CA-based smart-lock developer
White Star Capital, FirstMark Capital, Amplo, Alpha Edison Partners, Arkitekt Ventures, Galaxy Digital Parsley Health $26M New York, NY-based personalized holistic health services startup
Sapphire Ventures, General Atlantic, Tiger Global, Battery Ventures, Meritech Capital, FirstMark, Geodesic Capital, Cross Creek Pendo $100M Raleigh, NC-based customer analytics platform
HP Enterprise, Lightspeed Venture Partners Pensando $145M San Jose, CA-based developer of new edge services models of enterprise and cloud computing
Contour Venture Partners, Core Capital Partners Radius Networks $15M Washington, DC-based provider of physical customer traffic analytics
IAC, Slow Ventures, AXA Venture Partners, Open Ocean Thimble $22M New York, NY-based provider of short-term insurance to small businesses and freelancers
DBL Partners Wheels $50M Los Angeles, CA-based dockless e-bike rental company

October 18th, 2019|Scherzer Deal Report|

Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California Check Cashing Stores, LLC instructed employers about the importance of complying with background check disclosure requirements found in the Fair Credit Reporting Act (FCRA).

Pursuant to the federal statute, employers who want to obtain a consumer report (commonly referred to as a background check report) on a job candidate must provide to the candidate a “clear and conspicuous disclosure” about the report in a document that consists “solely of the disclosure.” 15 U.S.C. § 1681b(b)(2)(A).

But when Desiree Gilberg applied for a job with CheckSmart Financial, she received something different. First Gilberg completed a three-page form containing an employment application, a math screening and an employment history verification. She then signed a separate form entitled, “Disclosure Regarding Background Investigation.”

The one-page form included the required FCRA disclosure as well as mandated state disclosures for California, Maine, Minnesota, New York, Oklahoma, Oregon and Washington.

Gilberg worked for CheckSmart for five months before voluntarily leaving the job. She then filed a putative class action against the company, alleging that it failed to make proper disclosures as set forth in both the FCRA and California’s Investigative Consumer Reporting Agencies Act (ICRAA).

A district court sided with the employer and dismissed the case. The judge agreed with CheckSmart that its disclosure form complied with both statutes. Gilberg appealed to the Ninth Circuit. She argued that the standalone requirement didn’t permit the combination of state and federal disclosures as CheckSmart had tried.

Considering the issue, the Ninth Circuit recalled a 2017 decision in Syed v. M-I, LLC. In that case, which also involved the standalone requirement, the federal appellate panel held that a prospective employer violated the FCRA when it included a liability waiver in the same document as the mandated disclosure. The statute means what it says, the court emphasized: the required disclosure must be in a document that “consist[s] ‘solely’ of the disclosure.”

In an effort to distinguish its disclosure from that in the Syed case, CheckSmart told the court that the additional information in its form actually furthered the FCRA’s purpose.

“We disagree,” the court wrote. “Syed’s holding and statutory analysis were not limited to liability waivers; Syed considered the standalone requirement with regard to any surplusage. Syed grounded its analysis of the liability waiver in its statutory analysis of the word ‘solely,’ noting that FCRA should not be read to have implied exceptions, especially when the exception – in that case, a liability waiver – was contrary to FCRA’s purpose. Syed also cautioned ‘against finding additional, implied exceptions’ simply because Congress had created one exception. Consistent with Syed, we decline CheckSmart’s invitation to create an implied exception here.”

Plain meaning trumps purpose, the Ninth Circuit said, rejecting the employer’s contention that its disclosure form was consistent with the intent of the FCRA. Since the surplus language included disclosures required by various state laws that were inapplicable to Gilberg, the court was unable to understand how the CheckSmart form comported with the purpose of the federal statute.

“Because the presence of this extraneous information is as likely to confuse as it is to inform, it does not further FCRA’s purpose,” the court declared.

“Syed holds that the standalone requirement forecloses implicit exceptions,” the panel wrote. “The statute’s one express exception does not apply here, and CheckSmart’s disclosure contains extraneous and irrelevant information beyond what FCRA itself requires. The disclosure, therefore, violates FCRA’s standalone document requirement. Even if congressional purpose were relevant, much of the surplusage in CheckSmart’s disclosure form does not effectuate the purposes of the FCRA.”

In addition to ruling that the district court erred in concluding that the employer’s disclosure form satisfied the FCRA’s standalone document requirement, the Ninth Circuit also held that CheckSmart’s disclosure form was not “clear and conspicuous” under either FCRA or ICRAA.

The court grudgingly found the form to be “conspicuous” (despite characterizing the font as “inadvisably” small and cramped) but held it was not “clear.” The disclosure contained language a reasonable person would not understand, the court said, and its content would confuse a reader with the combination of federal and state disclosures.

As “CheckSmart’s disclosure form was not both clear and conspicuous, the district erred in granting CheckSmart’s motion for summary judgment with regard to the FCRA and ICRAA ‘clear and conspicuous’ requirements,” the panel wrote. The Ninth Circuit reversed dismissal of Gilberg’s complaint and remanded the case to the California district court. (As of this writing, there is a petition for rehearing and rehearing en banc pending before the 9th Circuit.)

For employers, the Ninth Circuit opinion could not be more clear: ensure that the FCRA disclosure form provided to job candidates contains no extraneous or surplus language. The decision also provides an important reminder about keeping disclosures forms clear and conspicuous in order to comply with both federal and state laws.

Pursuant to the federal statute, employers who want to obtain a consumer report (commonly referred to as a background check report) on a job candidate must provide to the candidate a “clear and conspicuous disclosure” about the report in a document that consists “solely of the disclosure.” 15 U.S.C. § 1681b(b)(2)(A).

But when Desiree Gilberg applied for a job with CheckSmart Financial, she received something different. First Gilberg completed a three-page form containing an employment application, a math screening and an employment history verification. She then signed a separate form entitled, “Disclosure Regarding Background Investigation.”

The one-page form included the required FCRA disclosure as well as mandated state disclosures for California, Maine, Minnesota, New York, Oklahoma, Oregon and Washington.

Gilberg worked for CheckSmart for five months before voluntarily leaving the job. She then filed a putative class action against the company, alleging that it failed to make proper disclosures as set forth in both the FCRA and California’s Investigative Consumer Reporting Agencies Act (ICRAA).

A district court sided with the employer and dismissed the case. The judge agreed with CheckSmart that its disclosure form complied with both statutes. Gilberg appealed to the Ninth Circuit. She argued that the standalone requirement didn’t permit the combination of state and federal disclosures as CheckSmart had tried.

Considering the issue, the Ninth Circuit recalled a 2017 decision in Syed v. M-I, LLC. In that case, which also involved the standalone requirement, the federal appellate panel held that a prospective employer violated the FCRA when it included a liability waiver in the same document as the mandated disclosure. The statute means what it says, the court emphasized: the required disclosure must be in a document that “consist[s] ‘solely’ of the disclosure.”

In an effort to distinguish its disclosure from that in the Syed case, CheckSmart told the court that the additional information in its form actually furthered the FCRA’s purpose.

“We disagree,” the court wrote. “Syed’s holding and statutory analysis were not limited to liability waivers; Syed considered the standalone requirement with regard to any surplusage. Syed grounded its analysis of the liability waiver in its statutory analysis of the word ‘solely,’ noting that FCRA should not be read to have implied exceptions, especially when the exception – in that case, a liability waiver – was contrary to FCRA’s purpose. Syed also cautioned ‘against finding additional, implied exceptions’ simply because Congress had created one exception. Consistent with Syed, we decline CheckSmart’s invitation to create an implied exception here.”

Plain meaning trumps purpose, the Ninth Circuit said, rejecting the employer’s contention that its disclosure form was consistent with the intent of the FCRA. Since the surplus language included disclosures required by various state laws that were inapplicable to Gilberg, the court was unable to understand how the CheckSmart form comported with the purpose of the federal statute.

“Because the presence of this extraneous information is as likely to confuse as it is to inform, it does not further FCRA’s purpose,” the court declared.

“Syed holds that the standalone requirement forecloses implicit exceptions,” the panel wrote. “The statute’s one express exception does not apply here, and CheckSmart’s disclosure contains extraneous and irrelevant information beyond what FCRA itself requires. The disclosure therefore violates FCRA’s standalone document requirement. Even if congressional purpose were relevant, much of the surplusage in CheckSmart’s disclosure form does not effectuate the purposes of the FCRA.”

In addition to ruling that the district court erred in concluding that the employer’s disclosure form satisfied the FCRA’s standalone document requirement, the Ninth Circuit also held that CheckSmart’s disclosure form was not “clear and conspicuous” under either FCRA or ICRAA.

The court grudgingly found the form to be “conspicuous” (despite characterizing the font as “inadvisably” small and cramped) but held it was not “clear.” The disclosure contained language a reasonable person would not understand, the court said, and its content would confuse a reader with the combination of federal and state disclosures.

As “CheckSmart’s disclosure form was not both clear and conspicuous, the district erred in granting CheckSmart’s motion for summary judgment with regard to the FCRA and ICRAA ‘clear and conspicuous’ requirements,” the panel wrote. The Ninth Circuit reversed dismissal of Gilberg’s complaint and remanded the case to the California district court. (As of this writing, there is a petition for rehearing and rehearing en banc pending before the 9th Circuit.)

For employers, the Ninth Circuit opinion could not be more clear: ensure that the FCRA disclosure form provided to job candidates contains no extraneous or surplus language. The decision also provides an important reminder about keeping disclosures forms clear and conspicuous in order to comply with both federal and state laws.

March 2nd, 2019|Employment Decisions, Judgment|

Independent contractors and the FCRA

Must employers provide the protections required by the Fair Credit Reporting Act (FCRA) to prospective independent contractors? 

Not according to a new decision from an Iowa court (see Smith v. Mutual of Omaha Insurance Company, No. 4:17-cv-00443 (S.D. Iowa Oct. 4, 2018)) which grappled with the question in the context of a lawsuit filed by an individual against an insurance company where he applied to contract as a salesperson but was rejected because of a falsely reported felony in his background check. The plaintiff accused the insurance company of violating the FCRA by failing to provide him with the statutorily required prior notice that the background check resulted in his not being hired.    

The insurance company asked the court to dismiss the lawsuit, claiming that the FCRA only requires such notice when an applicant seeks to be hired as an employee, and not as an independent contractor. Since the plaintiff applied for an independent contractor position, he was not entitled to the protections of the statute, the insurance company argued. 

The plaintiff countered that he was applying to be an employee of the insurance company and that it was too early to dismiss the case, as further discovery was needed. In the alternative, he argued that the FCRA should still govern his relationship even as an independent contractor.

In ruling on the FCRA issue, Judge John Jarvey began with the language of the law. The FCRA is a broad statute, Judge Jarvey said, and some of its most stringent protections apply when a background check is being obtained “for employment purposes.” 

The definitions section of the FCRA, at 15 U.S.C. § 1681a(h), states that “[t]he term ‘employment purposes’ when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.” This text “makes clear that the pre-adverse action notice requirement only applies when a consumer report is used for employment purposes,” Judge Jarvey wrote. “The meaning of ‘employment purposes’ is specifically defined in the statute, and it is defined as being ‘used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.’”  District courts in Ohio and Wisconsin have reached the same conclusion, Judge Jarvey noted, citing the decisions for support. 

Notably, the Federal Trade Commission (FTC) in its 2011 staff report entitled “40 Years of Experience with the Fair Credit Reporting Act” provided a seemingly contrasting interpretation. The FTC stated that “the term ‘employment purposes’ is interpreted liberally to effectuate the broad remedial purpose of the FCRA and may apply to situations where an entity uses individuals who are not technically employees to perform duties. Thus, it includes a trucking company that obtains consumer reports on individual drivers who own and operate their own equipment; a title insurance company that obtains consumer reports on individuals with whom it frequently enters into contracts to sell its insurance, examine title, and close real property transactions; or a nonprofit organization staffed in whole or in part by volunteers.” 

The FTC’s view can be reconciled with that of Judge Jarvey’s by taking the approach that the applicability of FCRA’s requirements depends on the facts and circumstances of the particular relationship, rather than the formal designation of someone as an independent contractor. 

Given the still remaining disputed issue of whether or not the plaintiff would have been an employee or an independent contractor for the insurance company, the court ordered limited discovery on the issue and declined to dismiss the suit. 

January 2nd, 2019|Employment Decisions, FCRA, Judgment|

New Draft Guidelines Attempt to Clarify Territorial Scope of the GDPR

Since the adoption of the General Data Protection Regulation (GDPR) by the European Union (EU) in May 2018, businesses established outside of the EU have grappled with the question of whether the GDPR’s strict rules apply to them. Many commentators have noted that the GDPR provisions and recitals do not have an easy answer. The European Data Protection Board (EDPB) recently attempted to provide some clarification by publishing draft guidelines that include a commentary on the territorial scope of the GDPR. The EDPB’s guidelines also address the related issue of whether a non-EU company subject to the GDPR must have an EU-based representative.

GDPR’s Targeting Criteria

Arguably the most significant change to the regulatory landscape affecting an individual’s data privacy is the territorial scope of the GDPR’s Article 3 (2). Generally described as the GDPR’s “targeting criteria,” your business must be GDPR compliant if it engages in processing activities of an EU individual’s data (data subject) related to (1) offering goods or services to data subjects, or (2) monitoring data subjects’ behavior. Although the EDPB’s guidelines state that the targeting criteria is applied on a case-by-case basis, the guidelines provide several examples showing how the targeting criteria can be applied that clarify some basic points, such as:

  1. The data subject’s nationality or citizenship is irrelevant. The GDPR protects data subjects geographically located within the EU, without regard to the data subject’s nationality or citizenship. Conversely, data subjects outside of the EU, including EU citizens, are not protected by the GDPR.
  2. Geographic allocation and timing are critical. For purposes of applying the GDPR, thedata subject’s geographic location is assessed atthe moment when your activity occurs; e.g., when your goods or services are offered, or your monitoring of the datasubject’s behavior begins.
  3. Charging for services is irrelevant. The GDPR protects data subjects regardless of whether your services are free.
  4. Cookies are considered monitoring. TheGDPR protects data subjects that your business profiles or undertakes someanalysis by using cookies or similar technologies.

GDPR Compliance and an EU-based Representative

A significant point clarified by the EDPB’s guidelines is that a non-EU company subject to the GDPR must appoint an EU-based representative, even though the not have a physical location within the EU. A company’s Data Protection Officer, who can be an existing employee of the company under the GDPR, cannot fulfill the requirements for an EU-based representative. The purpose of the requirement is to ensure that a qualified individual or entity is located within the EU to whom regulatory authorities can address compliance issues. The guidelines also make clear that the EU-based representative can even be held liable for any non-compliance, including being fined or otherwise sanctioned.

Consultation Period

The territorial scope and appointment of an EU-based representative poses two of the most critical issues that a non-EU based company faces regarding GDPR compliance. The EDPB’s draft guidelines address several other GDPR issues in addition to these, and a full version of the guidelines can be found here. The EDPB is taking public comments on the draft guidelines until January 18, 2019. Comments should be sent to the EDPB at EDPB@edpb.europa.eu.

December 12th, 2018|Educational Series, International, Legislation, Social Media|