USER TERMS OF SYNLAB EESTI OÜ LABORATORY SERVICES
These user terms (User Terms) govern the rights and obligations of SYNLAB Eesti OÜ (registry code 11107913, address Veerenni 53a, 11313, Tallinn) (Service Provider) and of a person who orders the services/products of SYNLAB Eesti OÜ (Client) upon ordering laboratory services (Laboratory Service) and using the user account created at the web address minu.synlab.ee (Web Environment).
1 CONTENT OF LABORATORY SERVICE
1.1 The content of the Laboratory Service is the testing of biological material obtained from a human body (Sample) and interpretation of the test results according to the particular Laboratory Service ordered by the Client. For the purposes of these User Terms, the Laboratory Service also covers consultation services to be ordered, with the exception of the part relating to the giving, processing, testing or delivery of testing results of a Sample, to which the provisions covering Laboratory Services are not applicable. Information about all the services is available in the Web Environment. Laboratory Services can be ordered only for a Client himself/herself, except if you are a legal representative of the Client (e.g. people of the age of less than 13 years), you buy a gift card, you order the services to your employees with their consent, or you order the sampling at home to a person who has given you the consent (Other Sample Donor). As an exception, tests for sexually transmitted diseases can also be ordered anonymously.
1.2 The Laboratory Service is a health service and the Service Provider is a provider of health services. By this agreement, the Client or the Other Sample Donor gives his/her consent to the provision of the Laboratory Service as a health service by the Service Provider according to the present User Terms. The Laboratory Service does not consist in the diagnosing of illnesses or provision of health care. The Service Provider advises the Client (or the Other Sample Donor) to consult a doctor about the results of the Laboratory Service.
1.3 The Service Provider confirms that it has the permissions, licences and registrations required for the provision of all the offered Laboratory Services and it meets all the other requirements arising from legislation. The Service Provider is accredited by the Estonian Accreditation Centre (eak.ee) and complies with the ISO 15189 standard. The Service Provider follows the clinical guidelines approved by the Estonian Society for Laboratory Medicine.
1.4 The Service Provider confirms that it will take the necessary measures to assure the quality of the Laboratory Services provided. The Service Provider shall take all reasonable efforts to ensure that the results of the Laboratory Service are accurate and true. Regardless of the efforts of the Service Provider, it is impossible to fully eliminate the risk that the information on the health status of the Client (or Other Sample Donor) provided by the Service Provider to the Client under the Laboratory Service may be inaccurate or untrue.
1.5 If any biological material of a Sample is left over after the provision of the Laboratory Service, the Service Provider has the right to conduct investigations of the biological material, including for research purposes, provided that the biological material cannot be identified as originating from a particular person and the requirements for personal data processing are not violated.
2 GIVING A SAMPLE
2.1 If a blood sample is required to provide an ordered Laboratory Service, the Client (or Other Sample Donor) shall visit one of the blood sample collection points of the Service Provider (Service Point) to give a sample. If a urine and/or faeces sample is required for the provision of a Laboratory Service, the Client shall deliver to the Service Provider a Sample taken by the Client himself/herself. The Sampling service can also be ordered to the Client’s or Other Sample Donor’s home or workplace.
2.2 The list, locations and opening hours of the Service Points are set out in the Web Environment. Further information can be obtained, if necessary, by calling the client support of the Service Provider at 17123.
2.3 A blood sample shall be taken at a Service Point by the Service Provider or a third party duly authorised by the Service Provider. The Client (or Other Sample Donor) shall visit a freely chosen Service Point for giving a Sample within 1 (one) month after paying for the Laboratory Service. A Sample shall be given at the Service Point during the opening hours of the respective Service Point based on a queue. The Client (or Other Sample Donor) shall present an identity document when giving a Sample at a Service Point. If the Client (or Other Sample Donor) fails to visit a Service Point to give a Sample within 1 (one) month of payment for the Laboratory Service or fails to present an identity document at the Service Point, the Laboratory Service ordered by him/her shall not be provided and the payment made for the Laboratory Service shall not be refunded.
2.4 For giving a urine and/or faeces sample, the Client (or Other Sample Donor) shall obtain the necessary means from a pharmacy, perform the operations required for taking a Sample, and deliver the Sample to a Service Point within 1 (one) month of paying for the Laboratory Service. If the Client (or Other Sample Donor) fails to deliver a Sample to the Service Provider within 1 (one) month of payment for the Laboratory Service, the Laboratory Service ordered by him/her shall not be provided and the payment made for the Laboratory Service shall not be refunded. Upon giving a Sample and packaging a Sample, the Client shall comply exactly with the guidelines provided with the means necessary for giving a Sample. The Client understands that the Service Provider might not be able to test incorrectly given or packaged Sample.
2.5. For Sampling at home the Client orders the analysis and/or panels by phone, calling to 17 123. During the phone call the Client will provide the name and id-code or birth time of the Client or Other Sample Donor to whom the analysis are ordered and they will agree the time and address for sampling and the analysis. At the agreed time a SYNLAB brigade equipped with necessary appliances comes to the agreed address. If needed, the brigade will wear self-protection equipment with no addition fee for the Client. The Client or Other Sample Donor takes the responsibility to be at the agreed address on the agreed day and ensure that he or she can be reached by phone number given to SYNLAB. The Client or Other Sample Donor needs to present his/her identity document to SYNLAB brigade.
2.6 If the Client has ordered a service that involves taking a sample at home (e.g. packages for sexually transmitted diseases, microbiome analysis, HPV testing, etc.), he/she will receive a sample collection kit from the Service Provider.
2.7 More detailed guidelines for receiving the sample collection kit and taking a sample at home can be found next to the specific service description in the Web Environment or you can obtain them by calling the Service Provider’s client support phone 17123.
2.8 If the Client has ordered anonymous testing for sexually transmitted diseases, the Service Provider will post a sample collection kit suitable for the tests ordered by the Client in a discrete envelope to the address and name specified in the Client’s user account within 5 (five) working days of the moment when the Client pays the Service Provider for the order. If the method of delivery of the sample collection kit chosen by the Client needs any action to be taken by the Client (e.g. upon using a courier, the Client must receive the delivery), the Client shall cooperate reasonably with the person who engages with sending the sample collection kit (particularly the courier) in order to ensure the receipt of the sample collection kit by the Client within 7 (seven) working days of posting the sample collection kit by the Service Provider. Upon taking a sample, the Client shall comply exactly with the guidelines for taking and packaging a sample and returning it to the Service Provider as set out in the Web Environment. If the Client has not received the sample collection kit within more than 10 (ten) working days of ordering the Service or if the sample collection kit sent by the Service Provider to the Client has any defects (e.g. has become damaged upon posting or necessary components are missing), the Client shall notify the Service Provider thereof. In such a case the Service Provider shall post a new sample collection kit to the Client within a reasonable period of time, if necessary. If the Client does not receive the sample collection kit posted for the second time, the Service Provider shall have the right to request that the sample collection kit be sent to the Client in such a manner that ensures the receipt of the sample collection kit by the Client and the verifiability of the fact of receipt (e.g. registered letter, courier, delivery at the Service Provider’s address, etc.).
2.9 The Client (or Other Sample Donor) shall comply with the guidelines for taking a Sample. The Service Provider shall not be liable for breach of its obligations if the breach is due to the failure of the Client (or Other Sample Donor) to comply with the guidelines for giving a Sample.
3 USER ACCOUNT
3.1 A user account shall be created for the Client for using the Laboratory Service. A user account is created automatically when the Client logs in the Service Provider’s Web Environment for the first time, using the identification details presented upon login, or when the Service Provider’s client service assistant opens the Client’s account in the name of the Client. Through the user account the Client (or, at the request of the Client, the Service Provider’s client service assistant) can order Laboratory Services and view the results of Laboratory Services. Creating a user account is free of charge. In order to access the user account, the Client shall be identified using an ID card, Mobile ID or through the Internet bank or in another manner accepted by the Service Provider.
3.2 When creating a user account, the Client shall enter his/her e-mail address and phone number. The e-mail address of the Client is necessary for the Service Provider to inform the Client of any notices that have arrived on the User Account and the phone number is necessary for resolving possible problems. The Client agrees to renew his/her e-mail address linked to the user account as necessary.
3.3 As an exception, anonymous service can be used upon ordering packages for sexually transmitted diseases. In such a case, a random and unique identification code shall be generated for the user account upon creating the user account in the Web Environment. Based on the identification code, the Service Provider links the Sample sent by the Client to the Client’s account.
3.4 Other health services cannot be ordered via an anonymous user account.
4 ORDERING LABORATORY SERVICES
4.1 To order a Laboratory Service, the Client or the Service Provider’s client service assistant shall choose, through the Web Environment, a Laboratory Service suitable for the Client and the Client shall pay for the ordered service either electronically in the Web Environment or at a Service Point on the spot either in cash or by a bank card if it is not set otherwise in the User Terms.
4.2 The Client shall pay the Service Provider a fee for the ordered Laboratory Services on the basis of the price list of the Laboratory Services that can be found in the Web Environment. The price of the Laboratory Service set out in the price list is based on the prices set in the Estonian Health Insurance Fund’s list of health services if a respective package or test is included in the price list of the Estonian Health Insurance Fund. The Service Provider may change the price list from time to time. The version of the price list applicable at the moment of ordering a particular Laboratory Service shall be applied upon making a payment.
4.3. In case of Sampling at home, the Client or Other Sample Donor will pay the invoice sent to him/her with the bank transfer and send the payment confirmation to SYNLAB. The price for Sampling at home includes the transport fee according to the price list with the kilometre based fee (VAT will be added). After receiving the payment confirmation, SYNLAB will contact the Client or Other Sample Donor and the final time slot and address will be confirmed. The Client also needs to order his/her analysis through the Web Environment.
4.4. In case the Client or Other Sample Donor has booked the time for Sampling at home but still cannot be at the agreed address at the agreed time, he/she needs to book a new time at the latest in the morning of the agreed sampling time between 8 and 9 a.m. by contacting SYNLAB via phone 17123. In case the Client or Other Sample Donor does not change the time as named above the service fee paid for Sampling at home will not be returned. The Client or other Sample Donor can still give the Sample for his/her analysis in one of SYNLAB blood collection points without additional fees informing us about it via phone. If the Client or Other Sample Donor still wants to give his/her samples at home he/she needs to call SYNLAB again, book a new time and pay the service fee again.
4.5 If the Client (or Other Sample Donor) has not given a Sample yet, the Client may withdraw from a Laboratory Service ordered by submitting an unambiguous withdrawal request to the Service Provider within 14 days of paying for the Laboratory Service, except upon ordering such a Laboratory Service that requires a sample collection kit to be sent to the Client by the Service Provider if the Service Provider has already handed the sample collection kit over to the postal service provider for sending the same to the Client. Laboratory Service giftcards have the same withdraw conditions as other Laboratory Services, but due to the law, a person to whom the gift card has been given (but who has not purchased it) can not withdraw from the purchase of the gift card. The Client can submit a withdrawal request to the Service Provider only via the e-mail address firstname.lastname@example.org, except upon ordering the service of a Doctor’s Consultation in the event provided in clause 7.2 of the User Terms. In case of Sampling at home the Client can make the withdrawal request within 14 days from the payment for the service but not later than between 8-9 a.m. in the morning of the agreed sampling day.
4.6 If the Client withdraws from the ordered Laboratory Service under clause 4.3 of the User Terms, the amount paid by the Client for the Laboratory Service shall be reimbursed no later than within 14 days of receipt by the Service Provider of the withdrawal request referred to in clause 4.3 of the User Terms.
5 DELIVERY OF LABORATORY SERVICE RESULTS
5.1 The Service Provider shall make the results of the Laboratory Service ordered by the Client available to the Client through the user account within the term specified on the specific package or test information sheet after giving a Sample or receipt of the Sample by the Service Provider. According to the choice made by the Client in his/her user account settings, the Service Provider shall send the Client a notice about the arrival of the test results to the user account either by e-mail and/or SMS.
5.2 If the Client has expressed his/her request to get to know the results by phone, the Service Provider shall make its best efforts to contact the Client by phone.
5.3 Pursuant to the applicable requirements, the Service Provider shall also forward the results to the Estonian Health Information System (digilugu.ee), the data controller of which is the Ministry of Social Affairs and the authorized processor is the Health and Welfare Information Systems Centre (registry code 70009770, address Uus-Tatari 25, 10134 Tallinn). For questions related to the Estonian Health Information System, you can contact the user support of the Health and Welfare Information Systems Centre by calling +372 794 3943 or e-mailing email@example.com. The Client can access the data in the Health Information System and the Client shall have all the rights arising from the Personal Data Protection Act with respect to the data stored in the Health Information System, including the right to make the data unavailable to anyone.
5.4 If it becomes evident during the testing of a Sample that the Sample does not allow for the provision of the Laboratory Service ordered by the Client or the Other Sample Donor, the Service Provider shall inform the Client thereof and explain the content of the unsuitability of the Sample. If the Sample is unsuitable for reasons due to the Service Provider, the Service Provider shall provide the same Laboratory Service to the Client (or Other Sample Donor) again free of charge.
6.1 A Laboratory Service provided shall be considered reviewed and accepted unless the Client sends the Service Provider a complaint on the results of the Laboratory Service within reasonable time of making the results of the Laboratory Service available to the Client. The Client can file a complaint with the Service Provider by e-mailing firstname.lastname@example.org or on the spot. In the complaint, the Client shall specify which Laboratory Service result the complaint concerns.
6.2 If the Sample of the Client (or Other Sample Donor) is still suitable for testing at the moment of receipt of the complaint and the following working day, and the complaint is justified, the Service Provider shall perform a new test for the indicator referred to in the complaint free of charge and make the results of the new test available to the Client.
6.3 To enable the Service Provider to conduct a repeat test of a Sample if necessary, the Service Provider advises the Client to file any complaints as quickly as possible. As a rule, Samples are stored for up to 3 (three) days. On certain cases the Samples are stored longer and in some cases the Samples are not stored at all.
7 DOCTOR’S CONSULTATION
7.1 To select a suitable Laboratory Service and/or explain the test results, the Client may order the service of a doctor’s consultation (Doctor’s Consultation). To order a Doctor’s Consultation, the Client shall choose, in the Web Environment or with the help of the Service Provider’s client service assistant, a suitable doctor, time, place and type of consultation (visit or phone consultation) and pay for the ordered service either electronically in the Web Environment or at a Service Point on the spot either in cash or by a bank card.
7.2 After agreeing on the time of a Doctor’s Consultation, the Client may still change the time or cancel the consultation, but no later than 24 hours before the agreed time. The Client may also change the time of the Doctor’s Consultation in the Web Environment through his/her user account. The Client may also cancel a Doctor’s Consultation by informing the Service Provider thereof by calling the Service Provider’s phone number 17123 no later than within 14 days of paying for the service but not later than 24 hours before the agreed service delivery time. If the Client cancels the service timely, the amount paid by the Client for the Doctor’s Consultation shall be refunded without delay, but no later than within 14 days of notifying the Service Provider.
7.3 If the Client does not arrive for the Doctor’s Consultation by the agreed time and has not changed the agreed time pursuant to clause 7.2 of the User Terms, the service shall not be provided to the Client and the amount paid for the service shall not be refunded.
7.4 If the Client’s test proves to be positive in the case of ordering anonymous testing for sexually transmitted diseases, the attending doctor should certainly be consulted. Untreated sexually transmitted diseases can lead to serious complications over time. In the case of ordering anonymous testing for sexually transmitted diseases, the Service Provider’s Clients can visit the Service Provider’s partners specified in the Web Environment. When visiting a doctor, the Client must take a printout of the test results with him/her. The Service Provider brings attention to the fact that deliberate dissemination of sexually transmitted diseases may be punishable pursuant to criminal procedure, which means that if you have been diagnosed with a sexually transmitted disease, you must take measures to avoid infecting your partner(s).
8.1 The Service Provider shall only be liable for the wrongful breach of its obligations in providing the Laboratory Service.
8.2 The Service Provider may involve other service providers in the provision of Laboratory Services while being liable to the Client for the activities of such other service providers in the same manner as for its own activities.
8.3 The Service Provider shall not be liable for breach of such obligations that are due to the failure of the Client (or Other Sample Donor) to comply with the guidelines for giving a Sample.
8.4 Supervision over the provision of the Laboratory Service is conducted by the Health Board, registry code 70008799, Paldiski mnt 81, 10619, Tallinn, phone 6943500, e-mail email@example.com. In the event of complaints against the Service Provider, the Client shall have the right to file a relevant complaint or application with the Health Board. More information on the filing of a complaint or application is available on the website of the Health Board (terviseamet.ee).
9 ADDITIONAL INFORMATION
9.1 These User Terms with the rights and obligations concerning offering the Laboratory Services shall enter into force at the moment when the Client has paid for the ordered Laboratory Service either electronically in the Web Environment or at a Service Point on the spot in cash, bank transfer or by a bank card.
9.2 The prices of the Laboratory Services ordered, including taxes and other price components and their amounts, are displayed to the Client at the moment of purchase. The Client can find the price list and price calculation terms in the Web Environment.
9.3 The Service Provider has the right not to provide the Laboratory Service ordered by the Client if the Client fails to comply with the procedure provided in the User Terms.
9.4 Before paying for a Laboratory Service, the Client may check the information entered upon ordering the Laboratory Service and have the information changed, if necessary.
9.5 In the event of questions and feedback on the use of the user account and on Laboratory Services, the Client may contact the Service Provider’s client support by calling 17123 (Mo–Fr 8–18:00, GMT +2) or e-mailing firstname.lastname@example.org. The Service Provider shall reply to the Client’s e-mail Mo–Fr within 24 hours of receipt of the e-mail.
9.6 The Service Provider offers the option of signing the User Terms and provides Laboratory Services in Estonian.
9.7 All the rules followed by the Service Provider in the provision of a Laboratory Service are disclosed in the User Terms.
10 PROCESSING OF PERSONAL DATA
10.1 Upon ordering a Laboratory Service, the Service Provider processes the Client’s personal data. The Service Provider is the controller of the Client’s personal data.
10.2 The Service Provider shall keep confidential the information revealed to the Service Provider concerning the Client (and Other Sample Donor) in the course of providing the Laboratory Service and shall process such information only under the conditions provided in the User Terms. The Service Provider shall comply with all the data protection obligations arising from legislation and shall sign agreements on personal data protection and confidentiality with its employees, subcontractors and other persons who may have access to the personal data provided by the Client (and Other Sample Donor). The Client has all the rights of a data subject arising from law.
10.3 The personal data processed include the following personal data that include special categories of personal data for the purposes of Article 9(1) of Regulation (EU) No 2016/679 of the European Parliament and of the Council (hereinafter the Regulation) (data concerning health):
10.3.1 the personal data which are necessary for creating and using a user account and which the Client has himself/herself disclosed to the Service Provider: the Client’s name, personal identification code and contact details (e.g. e-mail address, telephone, address);
10.3.2 to use the user account, the Client shall grant his/her consent to the Service Provider to the use of both temporary and permanent cookies;
10.3.3 the data received in the course of providing a health service (particularly the results of the test performed).
10.4 The legal basis for the processing of the Client’s personal data is ensuring the provision of the Laboratory Service ordered by the Client (Article 9(2)(h) of the Regulation: processing of personal data is necessary for the purposes of the management of health services pursuant to a contract with a health professional).
10.5 The Service Provider preserves the documents drawn up upon providing the Laboratory Service for 30 years, in accordance with the Health Services Organisation Act (subsection 42 (4)).
10.6 Sample materials are generally preserved for up to 3 days.
10.7 Upon processing of personal data, the Client has all the rights of a data subject pursuant to applicable law. The Client has, among other things, the following rights:
10.7.1 right of access: the Client has the right to ask at any time whether the Service Provider has the Client’s personal data or not and to obtain information on the personal data processed by the Service Provider in respect of the Client;
10.7.2 right to rectification of personal data: the Client has the right to request that the Service Provider specify or rectify his/her personal data if they are inadequate, incomplete or incorrect;
10.7.3 right to object: the Client has the right to file objections with the Service Provider in respect of the processing of his/her personal data;
10.7.4 right to request erasure of personal data: the Client has the right to request that the personal data be erased;
10.7.5 right to restriction of processing: the Client has the right to request that the Service Provider restrict processing of personal data if the Service Provider no longer needs the personal data for the purposes of processing or if the Client has objected to processing of the personal data;
10.7.6 right to data portability: the Client has the right to receive from the Service Provider the personal data which the Client has provided to the Service Provider and which are processed in order to perform the contract concluded with the Client, in writing or in a commonly used electronic format, and, if it is technically possible, to request that the Service Provider transmit the data to a third service provider;
10.7.7 right to file a complaint: if Client finds that his/her rights have been infringed while his/her personal data are being processed, the Client has the right to file a claim or complaint with the Data Protection Inspectorate (aki.ee) or a court.
10.8 The rights related to the processing of personal data listed in clause 10.7 do not include all the rights. In certain cases, the rights of other data subjects or the legal obligations of the Service Provider may limit the rights of the data subject.
10.9 The Service Provider shall ensure the security of the processing of personal data in order to protect personal data against unauthorised or unintentional processing, disclosure or destruction. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing of personal data as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the Service Provider shall, upon processing of personal data, implement appropriate technical and organisational measures for ensuring the security of personal data. The Service Provider has, among other things, entered into confidentiality agreements with all of its employees who come into contact with the Client’s personal data in connection with performing their duties.
10.10 To exercise the rights or submit the requests related to the processing of personal data, the Client may contact the Service Provider’s data protection specialist by e-mailing email@example.com or calling the Service Provider’s client support phone 17123.
11 AMENDMENT OF USER TERMS AND RESOLUTION OF DISPUTES
11.1 The Service Provider may unilaterally amend the User Terms by publishing the amended User Terms in the Web Environment. Each order for Laboratory Services placed by the Client shall be subject to the User Terms in force at the moment of ordering the particular Laboratory Service.
11.2 Any disputes arising from performance of this agreement shall be resolved by the parties by way of negotiations. The agreement is governed by Estonian law.
11.3 The client who is a consumer also has the right to have recourse to the unit of out-of-court resolution of consumer disputes, which is in Estonia the Consumer Disputes Committee of the Consumer Protection Board, which is located at Pronksi 12, Tallinn 10117, and the e-mail address of which is firstname.lastname@example.org, or via the platform for web-based resolution of consumer disputes at: http://ec.europa.eu/odr.