Please note the arbitration provision set forth at Section 14 below, which requires you to arbitrate any claims you may have against Prasco on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
- Your Consent.
For convenience, we make this Policy available on each page of our Website via a “Privacy” link and may periodically provide you with a further copy of this “Privacy” link in our email communications with you. These communications are intended to ensure that you are well informed about our privacy and security practices, as set out in this Policy, and that we have your continued consent to the terms of this Policy. If you no longer agree to the terms of this Policy, you may cease you involvement in the Program and remove your Personal Information from our databases, as set out in Section 9 (Access; Removing Information).
- The Types Of Information You May Provide.
We collect the following information from users of the Website: (i) Contact and Set-Up Information; (ii) Medical Information; (iii) Payment Information; and (iv) Anonymous Information. These categories are defined, below:
Contact and Set-Up Information. The term “Contact and Set-Up Information” means information that allows us (or others) to contact you, and this information consists of your name, mailing address, telephone number, email address, gender, date of birth and other Contact and Set-Up Information.
Medical Information. To properly process your orders for prescription drugs, you or your physician will need to provide a valid prescription directly to our Program Pharmacy. When you place your order, you will be required to provide information about your health conditions, drug allergies, or other medications you may be taking. We will provide this information to the Program Pharmacy to facilitate your order. The term “Medical Information” means specifically, information concerning prescriptions, your health conditions, private or sensitive information concerning your lifestyle, and information concerning drug allergies, or other medications you are taking. The term “Medical Information” includes information (where applicable) that qualifies as “protected health information” under HIPAA Privacy Requirements.
Payment Information. The term “Payment Information” means your Credit Card information, and other similar information you may provide to us in order to pay for prescription drug purchases (and other requested transactions) under the Program.
Anonymous Information. The term “Anonymous Information” means information that does not identify you, or any other Data Subject, and may include anonymous statistical information concerning, for example, the pages on our Website that Users visit most frequently, and other preferences of our Users, in anonymous form.
Personal Information. The term “Personal Information” means (i) Contact and Set-Up Information; (ii) Medical Information; and (iii) Payment Information. The term “Personal Information” does not include Anonymous Information.
Information From Our Program Pharmacy. In addition to information that you provide to us through the Website, we may receive information about you and your prescription, which may include Medical Information, from our Program Pharmacy to help us perform customer service activities, including to address issues with your order and to provide you refill reminders all pursuant to your HIPAA Authorization.
- Program Pharmacy.
To facilitate efficient and secure delivery of the Program to you, we have engaged, and rely on, a third-party mail-order pharmacy, NoviXus Pharmacy Services (the “Program Pharmacy“). The Program Pharmacy’s responsibilities include communicating with your physician concerning your prescriptions and filling these prescriptions, and delivery of your prescriptions via mail. As part of your enrollment in the Program, you will be required to execute a HIPAA Authorization, which will authorize the Program Pharmacy to provide us with information about you and your prescription, including Medical Information that we may need to process your order or perform customer service activities. We will maintain the privacy of any information provide to us by the Program Pharmacy about you, including Medical Information, and only use or disclose such information to process your order or perform customer service activities.
- Our Collection and Use Of Information.
We use Personal Information as specified in this Policy. We collect information at different points in our Program, and use this information as described below:
Enrollment. In order to access our Program services, we require that you complete a registration and become a Program Participant. Our registration forms ask for Contact and Set-Up Information, which includes such items as your name, mailing address, telephone number, and email address, and other personal information, and your Medical Information, which includes information about your health conditions, drug allergies, and other medications you may be are taking. We pass this information to our Program Pharmacy, to establish your Program account and allow the processing of your orders.
Fulfilling Your Orders. We use Personal Information to process your orders, and have them fulfilled through the Program and our Program Pharmacy.
Prescriptions and Medical Information. In order to fill your prescriptions, our Program Pharmacy will use requisite Medical Information. For example, after you enroll and place your order on the Website, you will be directed to our Program Pharmacy to submit, have your physician submit on your behalf, or transfer your existing prescription from another pharmacy. Except for information provided by our Program Pharmacy as described in Section 2.6, we will not have access to this specific prescription information, or to any prescription information identified with you. Our Program Pharmacy will use your Medical Information in order to fill your orders, and (where applicable) provide information to you and your healthcare providers, as provided under the Program.
Account Transactions and Preferences. Our Program collects information about our Program Participant’s transactions. We use this information in evaluating the types of prescription drug benefits, features, availability, and services that our Program Participants may find useful, in making business judgments concerning our relationship with you, and for other business and Program purposes.
Informational Notices and Bulletins. Periodically, we may choose to send news, bulletins, or other information to Program Participants and other Users, and will use Contact and Set-Up Information to send such communications. If we choose to undertake such communications, you will have the ability to opt-out of receiving these communications as provided in Section 8 (Opting Out), provided, however, that you cannot opt-out of certain core Program-related communications. Please refer to Section 6 for more details.
Requested Third-Party Information. There may be occasions where we ask you to provide Contact and Set-Up Information (or other Personal Information) concerning a third party. For example, we may ask you for the name and email address of the person who referred you to us, or for the name and address of a contact person, or for information in connection with a “Tell a Friend” program. We will contact these individuals only for the specific purposes we have identified in connection with the request, and you will be free to choose whether or not to provide us with the information. Moreover, rest assured that we will protect any third party’s Personal Information that you provide in the same way we protect your Personal Information. Before you submit Personal Information about third parties to us, please be sure you have permission from the third party to share this information with us.
Promotions. We believe that our Users’ own experiences with us can often act as the strongest promotion for our Program. To promote and illustrate our products and services, we may wish to post on our Website, or elsewhere, endorsements from our Users and other descriptions of our Users’ experiences. If we believe that others would benefit from your experiences in our Program, we will contact you, and ask for your consent before we share this information with other Users.
- Cookies and Other Similar Technologies.
Interest-Based Online Advertising and Google Analytics. This section of our Privacy Notice provides details about interest-based online advertising (also called “targeted advertising”, “remarketing”, or “behavioral advertising”), Google Analytics, and your choices with respect to this type of advertising. We use Google Analytics’ 3rd-party audience data such as age, gender and interests to better understanding the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.
You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/. Because those opt-out and preference control pages are specific to the individual browser used to visit it, and because that page is not operated by us, we are unable to perform the opt-outs on your behalf
Click-Throughs. We may send email messages which use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 8 (Opting Out).
Any Information Linked With Personal Information Is Protected As “Personal Information”
- Disclosures To Third Parties.
We do not disclose your Personal Information to any third-party person or entity other than those persons and entitled listed below. If we wish to disclose your Personal Information to anyone else, we will not do so without your express consent.
Vendors. We employ certain companies to perform other functions on our behalf, such as hosting and maintaining the Website, providing services related to our products, delivering products, responding to and sending electronic mail, or other functions necessary to the Program (collectively, “Vendors”). We may share Personal Information with our Vendors, to permit them to perform their functions in our Program. We provide our Vendors with only that Personal Information necessary to perform these functions. In addition, we require that any Vendors agree contractually to comply with privacy laws, and agree to maintain protections for Personal Information that are consistent with this Policy.
Our Employees. We share Personal Information with our employees, to allow them to provide Program services to you, and to otherwise perform their duties. Our employees are obligated to maintain protections for your Personal Information that are consistent with this Policy.
Legal. We will reveal Personal Information about a Data Subject to the extent we reasonably believe we are required to do so by law. If we receive legal process calling for the disclosure of Personal Information about a Data Subject, we will attempt to notify the Data Subject via the email address we have on file for the Data Subject within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
- Opting Out.
If you no longer wish to receive marketing communications from us, such as bulletins, updates, product offerings, you can opt-out by following the unsubscribe instructions provided in the marketing communication or by contacting us at the contact information provided below. We will process your unsubscribe promptly and in compliance with applicable law, but please be aware that in some circumstances, you may receive a few more messages until the unsubscribe is processed.
Please understand that you will not be allowed to “opt–out” of formal notices concerning operation of our Websites, and legal and other related notices concerning your relationship to us or the Website.
- Access; Removing Information.
We provide you with online access to your Personal Information so that you can keep such information up-to-date and grant you the right, upon request, to remove your Personal Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to participate further in the Program. You may not remove de-identified, anonymous, or aggregate data from our databases. To make such a request, please send an email to email@example.com.
- Third Party Links.
Our website may contain links to third party websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.
We have put in place reasonable security measures to protect against unauthorized access to, interception, processing or disclosure of Personal Information. Please understand, though, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Website or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Website. We may post a notice via the Website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Moreover, please keep in mind that you also play a key role in protecting the security of information about you. For example, you should close your browser when you have finished viewing your information on our Website, to prevent others from viewing your Personal Information.
- Children’s Privacy Protection.
We understand the importance of protecting children’s privacy. The Program, including the Website, is not designed for use by children under 13 years of age. We do not knowingly collect or maintain information from anyone under the age of 13. Parents may submit Personal Information about their children through the Program for purposes of obtaining authorized generic prescription drugs, however, no one under the age of 13 should submit Personal Information to us or the Website. In the event we learn that we have collected Personal Information from a child under the age of 13, we will immediately delete such information.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Information collected via the Website.
- Dispute Resolution and Agreement to Arbitrate.
- Us, at Prasco, LLC, 6125 Commerce Court, Mason, OH 45040, or
- You, at the address we have on file for you.
Both you and Prasco agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
- Your California Privacy Rights and How We Respond to Do-Not-Track Signals.
Other California Privacy Rights:
California’s “Shine the Light” law (Civil Code Section §1798.83) permits visitors to the Website who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. We do not share your Personal Information with third parties for their direct marketing purposes.
At this time, our Website does recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
- Notification of Changes.
Anonymous Information. The term “Anonymous Information” has the meaning set forth in Section 3.
Contact and Set-Up Information. The term “Contact and Set-Up Information” has the meaning set forth in Section 3.
HIPAA Privacy Requirements. The term “HIPAA Privacy Requirements” means applicable provisions of the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, and any regulations promulgated thereunder, including without limitation the federal privacy regulations (45 CFR Part 164) and the federal security standards (45 CFR Part 142).
Medical Information. The term “Medical Information” has the meaning set out in Section 3 (Medical Information).
Personal Information. The term “Personal Information” has the meaning set forth in Section 3 (Personal Information).
Program Participant. The term “Program Participant” means an individual who is duly registered under, and entitled to receive services through, the Program.
Program Pharmacy. The term “Program Pharmacy” has the meaning set out in Section 3 (Program Pharmacy).
Program. The term “Program” means our Prasco authorized generic prescription drug purchase program.
Site Visitor. The term “Site Visitor” means any individual who visits our Website.
User. The term “User” means (i) Site Visitors, (ii) Program Participants, and (iii) others who provide information (including Personal Information) in connection with our Program.
Website. The term “Website” means the website for the Program, located at www.authorizedgenerics.com.
6125 Commerce Court
Mason, OH 45040