Who we are and what is this notice about. 

We are Chattem, Inc. d/b/a Opella (“Opella, “we”, “us”, “our”) a company with registered office in 21 South Street, Morristown, New Jersey USA 07960 and we are responsible for the use of your Consumer Health Data (“Data”), as that term has been defined by Washington: My Health My Data Act of 2023 and other applicable U.S privacy laws.   

If you have a question or any concerns regarding our use of Data, visit https://www.opella.com/en/contact. 

This Consumer Health Data Privacy Notice (“CHD Notice”) describes what Consumer Health Data we at Opella (including but not limited to our products, platforms, applications, and services) collect when consumers in the United States interact with our websites or as a consumer of our products and services, why we collect it, how we use it, and what rights you have about it.  More details are available within our Global Privacy Notice to the visitors to our websites and social media pages at https://www.opella.com/en/privacy-center/global-notices/website-social-en-gl. 

"Consumer Health Data" means personal information that is linked or is reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status. For the purposes of this definition, physical or mental health status includes, but is not limited to: 

  • Individual health conditions, treatment, diseases, or diagnosis; 
  • Social, psychological, behavioural, and medical interventions; 
  • Health-related surgeries or procedures; 
  • Use or purchase of prescribed medication; 
  • Bodily functions, vital signs, symptoms, or measurements of 
  • Diagnoses or diagnostic testing, treatment, or medication; 
  • Gender-affirming care information; 
  • Reproductive or sexual health information; 
  • Biometric data; 
  • Genetic data; 
  • Precise location information that could reasonably indicate a consumer's attempt to acquire or receive health services or supplies; 
  • Data that identifies a consumer seeking healthcare services; or 
  • Any personal information that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning). 


If your Consumer Health Data is already regulated by the Health Information Portability and Accountability Act (HIPAA) then it is not regulated by the Washington My Health My Data Act and this Notice does not apply. 

What Consumer Health Data do we collect. 

If you browse or download information, we automatically collect and store the following Personal Information about your visit: 

  • The internet Protocol Address and domain name is used, but not the email address. The internet Protocol address is a numerical identifier assigned either to your internet service provider or directly to your computer. We use the internet Protocol Address to direct internet traffic to you; 
  • The type of browser and operating system you used; 
  • The date and time you visited this site; 
  • The web pages or services you accessed at this site, and; 
  • Information is collected for site management and summary statistical purposes. This is used for such purposes as evaluating determining technical design specifications and identifying system performance or problem areas.


We do have access to site usage statistics provided by our Internet Service Provider that we use to measure which site pages are visited the most often and when. We analyze these website statistics to determine how our website is being used, so that we may continually improve the site's usefulness to the public. 

If you send an email during your visit to this website, the server may retain the email message and email address. We use your email address to respond appropriately to your request. This may be to address issues you identify, to further improve our website, or to forward the email for appropriate action. 

The information collected is not limited to text characters and may include attachments such as documents, audio, video, and graphic information formats you send us. The information is retained in accordance with the applicable laws and is determined by the purpose for which we collected the Personal Information; the nature of the Personal Information; the sensitivity of the Personal Information; our legal obligations related to the Personal Information, and risks associated with retaining the Personal Information. 

Other categories of Consumer Health Data may be collected from Consumers, including when it is voluntarily submitted, such as: 

  • Personal identifiers (e.g., name, address, email address, and Social Security Number.) 
  • Contact information (e.g., address, phone number, email address) 
  • Demographic data and protected characteristics (e.g., age, gender, ethnicity, disability status, sexual orientation) 
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies 
  • Professional and employment related information (e.g., job title and employment history) 
  • Financial information 
  • Medical information 
  • Health insurance information 
  • Education information  
  • Internet protocol addresses and network activity data 
  • Inferences regarding the above categories of information 
  • Individual health conditions, treatment, diseases, or diagnosis; 
  • Social, psychological, behavioral, and medical interventions; 
  • Health-related surgeries or procedures; 
  • Use or purchase of prescribed medication; 
  • Bodily functions, vital signs, symptoms, or measurements of health information; 
  • Diagnoses or diagnostic testing, treatment, or medication; 
  • Genetic data; 
  • Precise location information that could reasonably indicate a resident's attempt to acquire or receive health services or supplies; 
  • Data that identifies a resident seeking health care services; and 
  • Any inferences of the above categories of health data derived or extrapolated from non-health information. 

How do we collect Consumer Health Data. 

We Collect Consumer Health Data directly from you, as well as from the following sources: 

  • Healthcare providers (including specialty pharmacies) 
  • Health insurance companies (health plans) and other payors 
  • Authorized/legal representatives, family members, and caregivers 
  • Payment processors and other financial institutions 
  • Consumer reporting agencies and other Third Parties who verify the information you provide 
  • Your mobile devices with your permission upon downloading and when you visit or interact with our websites, applications, and online platforms 
  • Your mobile devices and other internet-connected devices with your permission when you use these devices and relevant applications 
  • When you contact or visit us (automatically), such as when we record calls to our call centers or use CCTV cameras in our facilities 
  • Your computer and mobile devices (automatically) when you visit or interact with our websites, applications, and online platforms 
  • Cookies, web beacons, and similar technologies (automatically) when you visit our websites or Third Party websites 
  • Advertising partners who provide digital marketing services 
  • Third Parties and Processors who provide website and online security services 
  • Third Parties and Processors who provide benefit verification, program enrollment, and product fulfillment services in connection with our products and services 
  • Third Parties and Processors who help us maintain the accuracy of our data and data aggregators that help us complete and enhance our records 
  • Third Parties and Processors who provide digital marketing and analytics services for us using cookies and similar technologies that contain a unique identifier, such as an advertising ID 
  • Third Parties and Vendors that provide access to information you make publicly available, such as social media platforms 
  • Third Parties and Processors who provide us with supplemental consumer data or data analytics and market research services, such as data aggregators 
  • Third Parties and Processors who assist with fraud prevention, detection, and mitigation 
  • Third Parties and Processors who facilitate, process, and complete transactions for us, such as resellers, sales agents, and program partners 
  • We also draw inferences from the information we collect from and about you, such as your preferences, characteristics, attributes, and abilities 

 

How do we use Consumer Health Data. 

If we collect Personal Information about you, we may use that information to contact you by e-mail, regular mail, telephone or other means, to provide you with information you requested about specific products or services, provide additional future information about products or services that may be of interest to you, and to learn about and develop products and services concerning a particular disease or condition (e.g., market research). Additional information about use of your Personal Information may appear at the point where you are asked to provide Personal Information in a form or data field. 

We use the abovementioned categories of Consumer Health Data for the following purposes: 

  • Perform the services or providing the goods reasonably expected by an average consumer who requests those goods or services 
  • Ensure security and integrity to the extent the use of the Consumer Health Data is reasonably necessary and proportionate for these purposes 
  • Prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Consumer Health Data 
  • Resist malicious, deceptive, fraudulent, or illegal actions directed at us and prosecute those responsible for those actions 
  • Ensure the physical safety of natural persons 
  • Short-term, transient use, including, but not limited to, general advertising shown as part of a Consumer's current interaction with us; provided that we will not disclose Consumer Health Data to a Third Party and or build a profile about the Consumer or otherwise alter the consumer's experience outside the current interaction with us 
  • Perform services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf; and 
  • Undertake activities to verify or maintain the quality or safety of a product, service, or device that is owned, manufactured by, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us. 
  • Collect or process Consumer Health Data where such Collection or Processing is not for the purpose of inferring characteristics about a Consumer 


We may combine your Personal Information and Consumer Health Data provided on one Opella web site with Personal Information or Consumer Health Data provided in other online or offline records held either by Opella or another Opella entity, and/or with records provided by non-affiliated parties. Opella may also combine your Personal Information with information gathered through cookies, web logs, pixel tags and other visitor tracking technologies, discussed further below. We use this consolidated information to help us better design Opella websites and products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions. To the extent that we deidentify or anonymize any data that originally constituted Personal Information, we will maintain and use such data in deidentified or anonymous form and will not attempt to reidentify it. 

Who Consumer Health Data may be disclosed to. 

Opella will not transfer or allow access to your Personal Information or Consumer Health Data to non-affiliated parties without your consent, except: (i) to service providers who provide services to us (e.g., market research) or who assist us in providing service to you (e.g. a fulfillment company for processing and mailing purposes); (ii) in connection with security related or law enforcement investigations or in the course of cooperating with authorities; (iii) to comply with legal requirements or to establish or exercise our legal rights or defend against legal claims; (iv) when we believe it is necessary to share information in order to assist in an investigation regarding, or to prevent, illegal activities, suspected fraud, or situations involving potential threats to the safety of any person; (iv) upon a sale, merger, assignment or transfer of the business of the website to which the information relates; and (v) to non-affiliated parties with whom Opella is jointly marketing a product or service or jointly conducting a program or activity. Any affiliated entity, vendor or service provider, or other non-affiliated party who is permitted access to, or to whom we transfer, Personal Information is required to keep your Personal Information confidential. 

Categories of Consumer Health Data we have shared. 

In the last twelve months, we may have disclosed, sold, or shared the same categories of Consumer Health Data listed above. 

Additionally, Opella and our Vendors may collect and process Sensitive Personal Information or Consumer Health Data for the following business purposes: 

  • Performing the services or providing the goods reasonably expected by an average Consumer who requests those goods or services; 
  • Preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information; 
  • Resisting malicious, deceptive, fraudulent, or illegal actions directed at us and prosecuting those responsible for those actions; 
  • Ensuring the physical safety of natural persons; 
  • Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that we will not disclose your Personal Information to a Third Party and will not build a profile about you or otherwise alter your experience outside of your current interaction with us; 
  • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf; 
  • Verifying or maintaining the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by us, and improving, upgrading, or enhancing the service or device that is owned, manufactured by, manufactured for, or controlled by us; 
  • Collecting or processing Sensitive Personal Information where such collection or Processing is not for the purpose of inferring characteristics about a Consumer; and 
  • Targeted advertising. 

Privacy Rights and Choice 

You have the following rights regarding your Consumer Health Data: 

  • Right to Know about 
    • whether we collect, share, or sell Consumer Health Data. 
    • the categories or specific Consumer Health Data that we have collected about you. 
    • the third parties and affiliates with whom we have shared or sold the Consumer Health Data. 
  • Right to withdraw consent for collection and sharing of the Consumer Health Data concerning the consumer. 
  • Right to request deletion of Consumer Health Data that we have collected about you. 


How to Exercise Your Rights with respect to your Consumer Health Data 

If you want to exercise any of your rights, please submit a request using this online form https://www.opella.com/en/privacy-center. 

We will provide a response with the required information free of charge within 45 days of receiving a verifiable request (with an additional extension of 45 days if reasonably necessary). You may request this information free of charge up to two (2) times in a 12-month period. 

You may choose whether to provide personal information on-line 

Personal Information is information about a natural person that is readily identifiable to that specific individual. Personal information includes such things as an individual's name, social security number, address, and phone number.  

Access and correction of personal information 

Many of the online services provided by Opella allow you to manage your personal information. You can review any personal information we collect about you. You may recommend changes to your personal information you believe in error by submitting a written request that credibly shows the error. If you believe that your personal information is being used for a purpose other than what was intended when submitted, you may contact us. In all cases, we will take reasonable steps to verify your identity before granting access or making corrections. 

You are always welcome to browse our site and you are not required to contact us by email or submit complaint forms online. However, we will not be able to process your complaints or log your comments if you choose to not contact us either online, by phone, or through the mail. 

If you believe that your personal information is being used for a purpose other than what was intended when submitted, you may contact the Opella as shown in the Contact Information Section of this Notice. 

Cookies and similar tracking technologies 

This website makes use of "cookies" to better serve visitors to the site. Cookies are simple text files stored on your computer by your Web browser. They provide a method of distinguishing among visitors to the Opella’s websites. On occasion, we may work with third parties using cookies, web beacons, and similar technologies to collect or receive information from this website, its related social media, and associated web applications and use that information to provide measurement services and targeted ads. This helps us promote our website and programs to those who have already shown an interest. You may opt out of this collection and use of information for ad targeting at any time. 

You can refuse non-essential cookies or delete the cookie file from your computer by using any of the widely available methods. 

Consult the Cookies Notice, Cookies Policy or Cookies Preference Center on the website, or read the related appendix to our Global Privacy Notices to visitors of our websites here https://www.opella.com/en/privacy-center/global-notices/website-social-en-gl

Security 

Opella, as developer and manager of this website, has taken several steps to safeguard the integrity of its data and prevent unauthorized access to information we collected. These measures are designed and intended to prevent corruption of data, block unknown or unauthorized access to our systems and information, and to provide reasonable protection of private information in our possession. 

This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via the Opella’s websites.  

Disclaimer 

Opella website links to other websites. These include links to websites operated by businesses, government agencies, educational organizations, and non-profit organizations. When you link to another site, you are no longer on the Opella website and this Privacy Notice will not apply. When you link to another website, you are subject to the privacy notice of that site. 

Neither Opella, its agents, affiliates, officers, subcontractors or employees warrants the accuracy, reliability or timeliness of any information published by this system, nor endorses any content, viewpoints, products, or services linked from this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk. 

Changes to this Notice 

Opella reserves the right to revise and update this Consumer Health Data Privacy Notice at any time without notice by posting such revised Privacy Notice at the Opella home page. 

For more information on these rights and how Opella collects, uses, and shares personal information, please visit our Global Privacy Notice page.