Privacy Policy | Authorized Generics

Privacy Policy for Authorized Generics.com

We welcome you to the AuthorizedGenerics.com website (the “Website”), which is owned and operated by Prasco, LLC (“Prasco”, “we,” “our” or “us”). Our Website is designed to make it easy and convenient for users of this site to order authorized generic prescriptions (the “Program”) and review information about authorized generic prescription medications. This privacy policy (the “Privacy Policy” or “Policy”) explains how we, with your permission (as set out below), collect, use, and treat information that we receive about you in connection with the Program and your use of the Website. The terms “you” and “your” refer to (1) and user of the Website; (2) a Program Participant, or other individual about whom we have information (each a “Data Subject”), and (3) an individual who provides to us information about a Data Subject, such as a parent or guardian.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE WEBSITE. BY USING THE WEBSITE OR REGISTERING ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS POLICY, PLEASE DO NOT USE OUR WEBSITE.

Your use of the Website is also subject to our Terms of Use.

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.

For your convenience, Section 18 provides a full set of definitions used in this Privacy Policy.

Your Consent

Please read this Privacy Policy carefully; when you consent to this Policy’s terms, it creates legal obligations on you and on us. If you do not agree with the terms of this Privacy Policy, please refrain from using our Website.

By accessing and using our Website as a Site Visitor, you agree to be bound by the terms of this Privacy Policy. In addition, if you register as a Program Participant through the Website, you will be required to accept this Privacy Policy during the ordering process. By checking the box indicating “I accept,” you further confirm your consent to the terms of this Privacy Policy.

In addition to accepting this Privacy Policy, you will be required to provide a HIPAA Authorization that authorizes the Program Pharmacy to provide information to us that we may use for customer service activities. This HIPAA Authorization will need to be electronically signed by you during the ordering process, and will be sent to our Program Pharmacy together with your order information. A personal representative must electronically sign a HIPAA Authorization for a Data Subject other than yourself, such as your child, when ordering prescriptions through us for the Data Subject.

If you provide information to us about a Data Subject other than yourself, such as your child, you confirm that you are authorized and/or have first obtained permission from the Data Subject to provide the information, and that this authorization and/or permission is sufficient for the uses and practices set out in this Privacy Policy.

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 0 (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 0 (Opting Out), provided, however, that you cannot opt-out of certain core Program-related communications. Please refer to Section 0 for more details.

Surveys. Periodically, we may initiate surveys on our Website, through email or by other means, and we may request Contact and Set-Up Information or other Personal Information from you in connection with such surveys. You are free to choose whether you participate in this type of survey. Survey information will be used for purposes of monitoring or improving the use and appeal of our Website, improving our Program, or for other business purposes. The information we receive through the survey will be used in accordance with this Privacy Policy and, if we want to use any Personal Information in a manner different than set forth in this Policy, we will notify you of relevant details in connection with asking for you participation in the survey.

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.

We use cookies and other similar technologies to collect the following information, which may include Anonymous Information, to analyze the effectiveness of our Website, to improve our products and services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Program Participants participating in our Program, the characteristics of Users of our Website, and other similar analyses. We may share Anonymous Information with third parties, including advertisers (if any). Rest assured, though, that Anonymous Information provided to third parties will not allow anyone to identify you or any other Data Subject, or to determine anything personal about you or another Data Subject. We may collect Anonymous Information through features of the software that supports our services, through cookies, and through other means described below.

IP Addresses; Logs. Either directly, or through our hosting service provider, we may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer’s name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes. If any Personal Information is collected in this way, it will be subject to the terms of this Privacy Policy.

Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our services. If any Personal Information is collected using cookies, it will be subject to the terms of this Privacy Policy.

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

Tags. We may use so-called “pixel tags” — small graphic images (also known as “web beacons”, “single-pixel GIFS”, or “Web bugs”) — for purposes such as (i) to tell us what parts of our website have been visited, (ii) in connection with advertisements we may include on the Site, (iii) to measure the effectiveness of searches you perform on our Site, and (iv) for other purposes. Pixel tags also enable us to send email messages in a format you can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our Users and others. None of this data includes Personal Information, and you can “opt-out” of receiving these types of emails from us by following the directions provided in Section 0 (Opting Out). If any Personal Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

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 0 (Opting Out).

Any Information Linked With Personal Information Is Protected As “Personal Information”

To enable us to better understand your characteristics and/or to provide services tailored to our Users, we may link Personal Information with Anonymous Information. If we combine or link any Anonymous Information with your Personal Information, the resulting combination will be treated and protected as Personal Information under this Privacy Policy.

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.

Program Pharmacy. Our Program Pharmacy will obtain Personal Information directly from you and from the information you provide through the Program. For example, we will share your Personal Information with our Program Pharmacy to fulfill your orders and Program requests, and for other purposes identified in this Privacy Policy.

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.

Questions of Harm. We may reveal Personal Information about Data Subjects, on a case-by-case basis, to attorneys, private investigator organizations, or law enforcement agencies if we believe (a) that the Data Subject is at risk of harm, or (b) that the Data Subject is harming or interfering (or will harm or interfere) with others, is violating (either intentionally or unintentionally) our Website Terms of Use, or is otherwise violating legal obligations.

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.

Transfer of Ownership. We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in material respects are the same as, or more protective than, those set out in this Privacy Policy.

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 legal@www.authorizedgenerics.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.

Security

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.

Assignment

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

By using the Website, you and Prasco agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond or settle the Dispute. Notice shall be sent to:

- ïUs, at Prasco, LLC, 6125 Commerce Court, Mason, OH 45040, or
- ïYou, 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.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

General

These Terms and our Privacy Policy shall be governed in all respects by the laws of the State of Ohio without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Ohio, in the judicial district that includes Warren, Hamilton and Clermont counties, Ohio for any disputes arising out of these Terms or our Privacy Policy. To the extent that the arbitration provision above is found not to apply, the parties agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms or our Privacy Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Prasco’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and our Privacy Policy set forth the entire understanding and agreement between Prasco and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Your California Privacy Rights and How We Respond to Do-Not-Track Signals

California 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

From time to time, we may change our Privacy Policy. If we make any changes regarding the Policy, we will post the new Policy via the privacy link on our Website, update the “effective” date below, and make the new Policy available in paper-form upon request. If material changes are made to the Privacy Policy, we will notify you by placing a prominent notice on the Website. Changes to the Privacy Policy will become effective upon your consent to these terms, pursuant to Section 0 (Your Consent) and will be retroactive to the first time we received Personal Information from or about you.

Definitions

Anonymous Information. The term “Anonymous Information” has the meaning set forth in Section 0.

Contact and Set-Up Information. The term “Contact and Set-Up Information” has the meaning set forth in Section 0.

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 0 (Medical Information).

Personal Information. The term “Personal Information” has the meaning set forth in Section 0 (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.

If you have any questions about this Privacy Policy, our privacy practices, or the Program, please contact us at:

Prasco, LLC
6125 Commerce Court
Mason, OH 45040
Email: legal@www.authorizedgenerics.com.

Effective Date

The effective date of this Privacy Policy is August 23, 2018.