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 Personal Data (“Data”), as described in this Privacy Notice and according to applicable data protection laws.   

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

This Supplemental Privacy Notice for the United States (“U.S. Supplemental Notice”) applies to Personal Data we at Opella collect when consumers from California, Colorado, Connecticut Virginia, and Utah interact with our websites or as a consumer of our products and services, and is intended to provide important information regarding any privacy rights you may have under these laws and how you may exercise them.  

Definitions 

The following definitions apply in the Opella State-Specific Privacy Policy: 

  • "Consumer” means a resident of California, Colorado, Connecticut, Virginia, and Utah who purchases or uses a product or service in a personal or household capacity. 
  • “Sell,” “Sale,” or “Sold” means renting, releasing, or transferring an individual’s Personal Information to a Third Party for money or other valuable consideration. 
  • “Share,” “Shared,” or “Sharing” means transferring an individual’s Personal Information to a Third Party for cross-context behavioral advertising or targeted advertising purposes, whether or not for money or other valuable consideration. 
  • “Third Party” means a person or organization which is not a Consumer, Vendor, or an entity owned or controlled by us. 
  • “Vendor” means a service provider, contractor, or processor which collects, stores, or otherwise handles data for us and is bound by certain contractual obligations consistent with applicable laws to use your Personal Information only as directed by us.  

Collection of Personal Information 

In the last twelve months, we may have collected the following categories of Personal Information: 

  • 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  

How Personal Information may be used 

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. 

Opella may combine your Personal Information provided on one Opella web site with Personal Information provided in other online or offline records held either 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 Personal Information may be disclosed to 

Opella will not transfer or allow access to your Personal Information 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 Personal Information We Have Disclosed, Sold, or Shared 

In the last twelve months, we may have disclosed, sold, or shared the same categories of Personal Information that are listed in the section titled, “Collection of Personal Information,” above. 

Additionally, Opella and our Vendors may collect and process the following categories of Sensitive Personal Information: Personal Information that reveals your racial or ethnic origin, religious or philosophical beliefs; health-related data; or your sexual orientation. We may process Sensitive Personal Information 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. 

Retention of Personal Information 

We retain each category of Personal Information described above only for as long as necessary to fulfill the purpose for which it was collected or to comply with applicable laws and regulations. We consider the following criteria when determining how long to retain Personal Information: 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. 

Your Privacy Rights 

If you are a resident of California, Colorado, Connecticut, Virginia, and Utah, you may be entitled to certain privacy rights. Depending on the law of your state of residence, you may have the following rights, subject to certain exceptions:  

  • Right to Know: You may have the right to know the following details about our privacy practice at or before the point of collection. We have provided such information in this Notice. You may also request that we provide you with information about the following aspects of how we have handled your Personal Information specifically in the 12 months preceding your request: 
    • The categories of Personal Information we have collected about you; 
    • The categories of sources from which we collected such Personal Information; 
    • The business or commercial purpose for collecting, Selling, or Sharing Personal Information about you; 
    • The categories of Personal Information about you that we disclosed and the categories of Third Parties to whom we disclosed such Personal Information; 
    • The categories of Personal Information about you that we Sold or Shared, and the categories of Third Parties with whom we Sold or Shared such Personal Information; 
    • If we collect Sensitive Personal Information, the categories of Sensitive Personal Information we have collected, the purposes for which it is collected or used, and whether that information is Sold or Shared; and 
    • The length of time we intend to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period. 
  • Right to Deletion: You may request that we delete any Personal Information about you. 
  • Right to Correction: You may request that we correct any inaccurate Personal Information we maintain about you. 
  • Right to Access Specific Pieces of Personal Information and Data Portability: You may ask to obtain the specific pieces of Personal Information we have collected about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Information to another entity without hindrance. You may not exercise this right more than two times in a calendar year. 
  • Right to Opt-Out of the Sale of Your Personal Information: You may have the right to opt out of the Sale of your Personal Information. You may exercise this right through the “Privacy Center” link below or at the footer of every page on our Site. 
  • Right to Opt-Out of the Sharing of Your Personal Information: You may have the right to opt out of the Sharing of your Personal Information or our use of your Personal Information for targeted advertising purposes. You may exercise this right through the “Privacy Center” link below or at the footer of every page on our Site. 
  • Right to Revoke Consent for or Limit the Use of Your Sensitive Personal Information: You may have the right to revoke your consent for certain processing activities with respect to your Sensitive Personal Information and/or the right to instruct us to limit the use and disclosure of your Sensitive Personal Information to specific business purposes defined by law. 
    • You may request that we limit the processing of your Sensitive Personal Information through the “Privacy Center”  
    • Our collection of certain forms of browser data via cookies may constitute Sensitive Personal Information under state privacy laws. You can limit our collection, use, and disclosure of this information by rejecting the use of cookies in our cookie banner pop up. 
       

Exercising Your Rights Under State Privacy Law 

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. 

We may request additional information from you in order to verify your identity and confirm that the request is valid. The information we require may vary depending on your relationship to us. If we are unable to verify your identity using this process, we will provide you with an explanation and describe additional steps you may take to assist us in successfully verifying your request. If you request deletion of your Personal Information, we will assess the request to confirm whether there are any reasons for which we are required to retain the information about you, including for specific business purposes, to fulfil a legal obligation, or other reasons permitted under the law. If we are not able to service your deletion request, we provide you with an explanation. 

You may authorize an agent to submit a request on your behalf. Authorized agents must provide a copy of the consumer’s signed permission authorizing the agent to submit requests on the consumer’s behalf. 

Exercising the Right to Opt-Out of the Sale and Sharing of Your Personal Information and Right to Limit the Use of Your Sensitive Personal Information. 

Opt-Out Preference Signal. Some web browsers or devices offer settings where you may pre-set a signal to websites that you do not want to have your online activity and behavior tracked, sold, shared, or otherwise used for targeted advertising purposes. If you have indicated such a preference via an opt-out preference signal, we will do our best to honor it. 

Appeals 

You may have a right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please contact us using this online form https://www.opella.com/en/privacy-center 

Non-Discrimination 

Opella will not discriminate against you for exercising your rights under this State-Specific Privacy Notice.

Notice Concerning Processing of Health Data 

This section applies to residents of Connecticut, Washington, and Nevada. We collect the below categories of health data, and we process such categories of health data for the purposes and in the manners described above: 

  • Individual health conditions, treatment, diseases, or diagnosis; 
  • 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; 
  • Reproductive or sexual health information; 
  • 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 nonhealthy information. 
     

We may collect these categories of health data from our website, including through tracking technologies such as cookies. We may disclose these categories of health data to the same categories of entities as provided in the Section above, Who Personal Information may be disclosed to. Where legally required, we obtain consent from you for these processing activities and enter into contracts to restrict non-affiliated parties’ use of your health data. 

Our Website and Services are not Intended for Children 

You must be at least the age of majority in your place of residence to use our website. The website is not directed to or intended for use by minors. Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act, if we learn that we received any information directly from a child under age 13 without his or her parent’s verified consent, we will use that information only to inform the child (or his or her parent or legal guardian) that he or she cannot use the website. 

If you are a parent or guardian of a minor who has provided information without your knowledge or consent, you may submit a request to remove the minor’s information by using the online webform https://www.opella.com/en/privacy-center. 

We do not have actual knowledge or reason to believe that children under the age of 16 use our Website. Moreover, we do not knowingly “sell” or “share” the personal information of children under the age of 16.