COVID-19 testing: General terms and Conditions

GENERAL COMMERCIAL TERMS AND CONDITIONS FOR COVID-19 TESTING OF PRIVATE PAYERS

(“GCTC“)

Elphogene, s.r.o., with the registered office in Drnovská 1112/60, 161 00 Praha 6 - Ruzyně, Company ID: 077 17 067, a company incorporated in the Register of Companies kept by the Metropolitan Court in Prague, reg. file No. C 305963/MSPH (hereinafter referred to as the „Provider“), telephone: +420 226 203 570, e-mail: covid@elphogene.cz

I. Providing Covid-19 testing services

The Provider is a non-governmental medical facility with a licence to provide health care services, issued by the Municipal Authority of the Capital City of Prague under ref. No. MHMP 1910623/2019. The Provider is an accredited laboratory in accordance with the ČSN EN ISO 15189:2013 standard and also holds a licence to perform COVID-19 tests on the basis of the SZU/10372/2020 permit, issued by the National Institute of Public Health (SZÚ) on 16 September 2020.

The Provider ensures for Clients (“the Client”) and at the Client´s request laboratory Covid-19 testing in the form of a PCR examination (“the Examination”) which is not paid from the national health care insurance system.

II. Conclusion of a contract

The Provider and the Client conclude a contract on the provision of a service – the Examination (“Contract”) via the Internet. By agreeing with the GCTC when completing the order form, the Client declares inclusively but without limitation to having full legal capacity, being of age and not being aware of any obstacles that would prevent the Client from concluding the Contract.

The offer of the provider can be found on the Provider's website, where the Client accepts the offer by sending a binding order form. The Contract is concluded at the moment of confirmation of the order form by the Client. Then, the Client is no longer entitled to revoke this confirmation. The Client acknowledges that by confirming the order form, they reserve their time of the test and the place of the test with the Provider, and the Provider counts on this time and reserves it only for the Client. The Client is obliged to come to the agreed sampling point at the selected time of the test. If the Client fails to arrive at the sampling point at the agreed time, then their right to the Examination extinguishes, but the Client is still obliged to pay the Provider a contractual penalty equal to the price of the ordered Examination.

The Client is obliged to fill in the order form carefully and enter all the requested details in it. The Provider sends the results of the Examination to the Client's email and their telephone number by SMS. Therefore, if the Client enters an incorrect email address/telephone number in the order, the Provider will not be able to deliver the result of the Examination.

III. Type of the Examination and its payment

The Provider tests for the presence of SARS-CoV-2 coronavirus by the RT-PCR method.

The Client acknowledges that if the Examination is not prescribed by a general practitioner, a paediatrician, an attending physician in an inpatient hospital care facility, a regional hygiene service epidemiologist, an outpatient specialist – pulmonologist, or if it is not paid under a special contract concluded by the Provider and Client’s employer, then the Examination is not covered by public health insurance, and the Client shall pay the price of the Examination themselves. The set price may vary depending on whether it includes the collection of biological material and laboratory tests with standard delivery of results within 48 hours, or whether it also includes other services, such as delivery of the result in an express period, bilingual (Czech and English) preparation of the result report, delivery of a separate medical certificate (if tested negatively) for the needs of travel, etc.

The Client shall pay the price of the Examination either in cash immediately before the test, by bank transfer to the Provider’s bank account, or by using a credit coupon issued by the Provider.

IV. Conditions for the provision of the services

The Provider provides the testing services in compliance with Act No. 372/2011 Coll., on Health Care Services and Conditions for their Provisions, as amended. By confirming the order form, the Client agrees to the service of the Examination.

The Provider warns that they do not examine people with acute respiratory symptoms. If you have such symptoms, follow the recommendations of the National Institute of Public Health and of the Ministry of Health of the CR, i.e. contact your general practitioner or the local regional hygienic station by phone. They will give you information where the test and Examination will be provided.

The Client undertakes to follow instructions of the Provider’s staff upon entering the sampling point. The Client further undertakes to follow the following terms and conditions:

No nasal drops or spray should be used at least 1 hour before the test;
Use protective face masks when visiting the sampling point;
Arrive exactly at the reserved time at the selected sampling point, but not earlier than 5 minutes before the reserved time.

The Client acknowledges that the test is performed by a collection swab from the upper respiratory tract (nasopharynx and neck).

At the same time, the Client is obliged under s. 53 of Act No. 258/2000 Coll., on the Protection of Public Health, to inform the Provider of their HIV, hepatitis B or C or any other infectious diseases before the Examination starts.

The Provider is entitled to refuse to perform the test, especially in cases when the Client fails to follow the instructions of the Provider’s staff.

The Provider warns that a negative test result in a person without clinical symptoms reports only the situation at the time of the test and cannot be used, e.g. as a certificate of "no infection".

If the Client is tested positive, they are obliged to contact their general practitioner or the regional hygiene station immediately. They will receive information how to proceed from them.

V. Information about results of the test

The result of the test will be sent to the Client within 24 hours after the swab has been done. The result of the test will be sent to the Client by a text to their mobile phone and, at the same time, a link to download a bilingual (Czech/English) report on the test result will be sent to their email address. The report can be used as a certificate for travels abroad if the Client is tested negative.

VI. Joint provisions

The Client acknowledges and agrees that they have no right to withdraw from the Contract under s. 1837 of the Civil Code, especially because the Provider started activities related to the performance of the Contract immediately after the conclusion of the Contract (time reservation, point reservation, preparation of sampling material, registration of data for the test, etc.), to which, at the time of concluding the Contract, the Client gives the Provider an explicit instruction.

The Client acknowledges that his/her personal data will be processed in connection with the Examination within the meaning of Regulation (EU) 2016/679 (GDPR). For this purpose, the Client receives this information:

Controller

Elphogene, s.r.o., registered office: Drnovská 1112/60, 161 00 Praha 6 - Ruzyně, Company ID: 077 17 067, a company incorporated in the Register of Companies kept by the Metropolitan Court in Prague, reg. file No. C 305963/MSPH

Purpose of processing

Performing a test

Legal reason

Art. 6 (1) (b) GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, and at the same time Art. 6 (1) (c) GDPR: processing is necessary for compliance with a legal obligation to which the controller is subject.

Description of the categories of data subjects

Client

Description of the categories of personal data

Name and surname, date of birth, birth registration No., residence, e-mail address, phone No., result of the Examination

Who receives the personal data

The Provider and state administration authorities (e.g. Regional Hygiene Stations if you are tested positive) set out in special legislation will receive the personal data.

Time limit for erasure

The personal data are kept only for the period prescribed by law.

For more information about the processing of personal data see

GDPR

Client´s rights regarding personal data protection of:

Pursuant to Art. 15 GDPR, the data subject has the right to access personal data concerning them; pursuant to Art. 16 GDPR, the right to request the controller to correct inaccurate personal data concerning them; pursuant to Article 17 GDPR, the right to delete personal data concerning them. The data subject has the right to have the controller restrict the processing of the data subject's personal data in the cases listed in Art. 18 GDPR. The data subject has the right to request that the controller inform him of the recipients of personal data pursuant to Art. 19 GDPR.
Pursuant to Art. 21 GDPR, the data subject has the right to object at any time to the processing of personal data concerning them if the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority under Article 6 (1) (a). e) GDPR.
It is not possible to demand erasure of personal data which the health service provider is obliged to collect on the basis of its legal obligation (obligation imposed by law).
The data subject has the right to lodge a complaint with the supervisory authority, which is Úřad pro ochranu osobních údajů /Office for Personal Data Protection/. Mailing address: ÚOOÚ, Sochora 27, 170 00 Praha 7, e-mail: posta@uoou.cz, data box ID: qkbaa2n.
The controller does not transfer or intend to transfer personal data to a third country or to an international organization.

VII. Final provisions

The Provider reserves the right to unilaterally change these GCTC. The Provider will always notify the change of the GCTC by posting new GCTC on its website without undue delay after the issue of the change of the GCTC.

The rights and obligations of the Client and the Provider are governed by the laws of the Czech Republic. The Contracting Parties have agreed that in accordance with s. 89a of Act No. 99/1963 Coll., Civil Procedure Code, as amended, the general court of the Provider is declared to act as the court with territorial jurisdiction to hear disputes under the Contract.

The decisive language between the Client and the Provider is the Czech language

In accordance with Act No. 110/2019 Coll., on the Processing of Personal Data, as amended, we are obliged to inform you to what extent and for what purpose your personal data will be processed, who and how they will process your personal data, and to whom the personal data may be made available. Such information is specified in Art. VI of these GCTC.

In Prague, dated 10.12.2020

Elphogene, s.r.o.