This Informed Consent for COVID-19 Testing Form (the “Consent”) describes the COVID-19 testing process, including what will happen, what information will be collected from you, as well as who can use and disclose that information and for what purposes. This COVID-19 testing is provided by Cue Health, Inc. (“Cue”) and sponsored by Apple Inc. (“Apple”).
What will happen during the testing process?
If you decide to undergo testing and accept the terms of this Consent, you understand that you will receive a self-administered molecular nasal swab test, testing cartridge(s), and Cue Reader to determine if you currently have COVID-19 (“Testing”). Testing services will be provided by Cue and include evaluation of test requests, delivery of test results, customer support, and any other related services (“Testing Services”). The results of the Testing (“Test Results”) will be provided by Cue. The test takes approximately 20 minutes to complete.
As part of the Testing Services, you will create a user profile on Cue’s mobile application (“Cue app”). You will then insert your nasal swab into a testing cartridge and insert the cartridge into the Cue Reader. The Cue Reader connects to the Cue app, and you receive your Test Results via the Cue app. When your Test Results are ready, you will receive a notification from the Cue app notifying you that your Test Results are available. The Cue app is maintained by Cue. Cue will not send your Test Results to Apple and Apple will not be able to identify you by your Cue app profile.
You understand Cue and Apple are not acting as your medical provider; Testing Services do not replace treatment by your medical provider; and Testing Services are not intended to diagnose or treat any illness or disease. You assume complete and full responsibility to take appropriate action with regards to your Test Results. You agree to seek medical advice, care, and treatment from your medical provider if you have questions or concerns. You understand that, as with any medical test, there is the potential for false positive or false negative COVID-19 results.
What will happen if you receive a positive test result?
You understand that should you test positive for COVID-19:
- You will receive notification from Cue in the Cue app that you tested positive.
- Your Test Results will not be shared with Apple by Cue.
- Your Test Results and certain other non-identifying information about you may be reported to the relevant public health authorities as required by law (further described below).
- Cue will take steps to protect your identity and the confidentiality of your information by securely storing your information.
What information will be collected from or about you?
The following information may be collected from or about you:
- Contact Information: This includes first name, last name, telephone number, and email address for contacting you about the Testing and your preference for receiving the Testing supplies.
- Delivery or Pickup Information: This includes your mailing address and telephone number for shipping or preferred location for picking up your Testing supplies, depending on how you will receive the test kit. We may ask you to provide information to confirm receipt of the Testing supplies.
- Demographic Information: This includes information (including identifiers) such as your date of birth, zip code, and state of residence. This information is collected to create your user profile, verify your identity, process your test, and meet mandatory reporting requirements.
- Testing Information: Test Results of your COVID-19 test (positive, negative, or inconclusive), as well as dates and times associated with sample collection.
- Consent: A record of this Consent, which may include your name, date, and electronic signature.
Who can access, use, and disclose your information, and for what purposes?
- Cue may have access to certain demographic information and testing information (including Test Results) to notify you of your Test Result and to comply with mandatory reporting requirements to public health authorities.
- As the entity sponsoring the Testing Services, Apple may collect and send your contact information to Cue to ensure that your data is appropriately tagged and protected in accordance with Apple’s agreement with Cue. Apple may also collect and send your contact information to Testing staff to obtain your Consent, deliver your Testing supplies, and administer this Testing program. This information may be shared with members of the People Support, EHS, and Apple’s Warehouse team if Apple needs to contact you about your Testing supplies.
- As the entity sponsoring this Testing program, Apple, including members of the EHS team, will receive from Cue certain aggregated information (i.e., information that will not identify you as an individual), including the total number of tests performed, to monitor the Testing program and Testing capacity, to evaluate Apple’s COVID-19 testing protocols, and to fulfill any corresponding invoices. Apple will not receive your Test Results unless you provide your results to Apple.
- If your results are positive, Cue is required by law to report certain information about you, such as your zip code, state of residence, and date of birth, to relevant public health authorities for public health purposes. This information will not be linked to your name.
How will your information be protected?
Your contact information, demographic information, and testing information will be securely stored by Cue. Apple will not have access to the individual-level Testing Information collected for Testing Services unless you share such information with Apple.
How long will your data be kept?
Pursuant to its contractual and regulatory obligations, Cue will retain your contact information, demographic information, and testing information for a maximum of seven (7) years after collection, unless otherwise required by law. Apple will retain aggregated information across all test participants (such as total number of tests performed) for the duration of the Testing program. If you requested your Testing supplies pursuant to an accommodation, your information may be stored for five (5) years.
Can you revoke your Consent to Testing?
Yes. You can revoke your Consent to Testing at any time by contacting Cue at firstname.lastname@example.org. When you revoke your Consent, you will no longer be able to receive Testing Services as described in this Consent. A new Informed Consent for Cue COVID-19 Testing form must be signed before you will be tested in the future.
Who can answer your questions about the Testing process?
Questions regarding the Cue tests, Cue website, or Cue Health app can be directed to Cue at email@example.com. Questions about an accommodation request related to this Testing program should be directed to People Support. All other questions can be directed to your manager or People Business Partner.
By participating in this Testing, I acknowledge and agree to the following:
- I have read and understand the information contained in this Consent.
- I understand that this testing program is voluntary; however, I may be required to participate in a testing program approved by Apple in order to comply with return to work requirements for onsite personnel.
- I agree to receive the testing services provided by Cue, sponsored by Apple, as described in this Consent.
- I agree to my information, including my Test Results, being used and disclosed as described in this Consent. I understand that if my Test Results are positive, that those results and certain other information about me may be reported to relevant public health authorities as required by law, and as described in this Consent.
- I understand that the tests have inherent limitations and like many laboratory tests, there is a chance of a false positive or false negative result.
- I am responsible for contacting Cue to notify them of any changes to your demographic information, or other information that I provided in connection with this testing program, and contacting People Support if I need to make a change to my accommodation request.
I have read this Consent carefully, and all my questions were answered to my satisfaction.
By clicking the “I have read and understand the information contained in this consent” button, I hereby consent to participate in Cue COVID-19 Testing, including the performance of the test(s) that I have requested, pursuant to the terms, conditions, standards, and requirements set forth herein.