1. Privacy Policy

1.1. General

The use of the RTR-NetTest app is only possible after explicit consent to RTR’s Privacy Policy and Terms of Use for the RTR-NetTest. Under 14 years can use the RTR-NetTest with the consent of their legal guardian(s). Note that the IP address is transferred, among others, also to third countries (thus outside of the European Union, EU, and the European Economic Area, EEA) for which neither an adequacy decision nor appropriate safeguards exist. For further details see point 1.4.

The RTR-NetTest informs users about the current service quality (including upload, download, ping, signal strength) of their Internet connection. For technically interested users RTR-NetTest provides two further options: On the one hand, RTR-NetTest offers a loop-mode, which enables automatically repeated RTR-NetTests; on the other hand, with the signal-only loop-mode signal measurements are also carried out repeatedly - without speed- or quality tests being carried out.

RTR’s legal authorisation to offer RTR-NetTest is enshrined in Art 46 Par 5 and Par 6 and Art 48 Telecommunications Act 2021 as well as Art 4 Par 4 and Art 5 Par 1 Regulation (EU) 2015/2120. To fulfil this duty and ensure users with the greatest possible transparency and information – while respecting their privacy – RTR-NetTest is based on the open source and open data principle.

1.2. Which data are processed?

1.2.1. RTR-NetTest

The following data are processed as part of the RTR-NetTest:

The data marked with * are published on the RTR-NetTest website and in the RTR-NetTest app and are made freely available to the general public as open data (https://www.netztest.at/en/Opendata) for information, use, dissemination and other applications.

Note: After consent to the privacy policy is given the authorisation "Allow RTR-NetTest to start and manage calls" appears for devices that have multiple SIM cards. This is specified by the operating system of the device. In the context of RTR-NetTest the identification of the SIM card, which is used for data traffic, is thus enabled. No other possible functions based on this authorisation are used by RTR-NetTest.

1.2.2. Loop-mode option

The loop-mode option for technically interested users allows the automatic repetition of RTR-NetTest. The first test starts right after activation of the loop-modus; further tests are carried out when either the waiting time has elapsed or the specified distance has been covered. Tests will be performed until the configured number of tests has been reached. The signal strength is measured continuously, also between two tests. The loop-modus can be stopped at any time respectively it stops after 48 hours. It needs to be explicitly pointed out that due to the loop modus it cannot be excluded that the tester is identified.

The same data as listed under 1.2.1 are processed. The data marked with * are published on the RTR-NetTest website and in the RTR-NetTest app and are made freely available to the general public as open data (https://www.netztest.at/en/Opendata) for information, use, dissemination and other applications.

1.2.3. Signal-only loop-mode option

The signal-only loop-mode option for technically interested users allows the automatic repetition of signal measurements - without any speed- or quality tests being carried out. The signal-only loop-modus can be stopped at any time respectively it stops automatically after 48 hours. It needs to be explicitly pointed out that due to the signal-only loop modus it cannot be excluded that the tester is identified.

The same data as listed under 1.2.1 are processed – with the exception that the latency of the data connection (ping), the connectivity on different ports, modifications of content, the transfer time for a reference web page, the background traffic volume, Domain Name System server queries, the traceroute, the VoIP test call are not tested and thus no data exist that could be processed.

The data marked with * are published on the RTR-NetTest website and in the RTR-NetTest app and are made freely available to the general public as open data (https://www.netztest.at/en/Opendata) for information, use, dissemination and other applications.

1.3. Processing and the purposes for processing of personal data

Processing

the following personal data are processed in the course of the RTR-NetTest, the option loop-modus and the option signal-only loop-mode: (1) the Client UUID, (2) the WLAN network ID (SSID) and numerical WLAN ID (BSSID) as well as (3) the IP address.

Purposes for processing

1.4. Transferring

The IP address is transferred, among others, also to third countries:

The transfer of data to Google, Cloudflare and Microsoft is based on adequacy decisions of the Commission - according to Art 45 General Data Protection Regulation (GDPR). Regarding Quad9 neither an adequacy decisions nor appropriate safeguards according to Art 46 GDPR exist. A possible risk of such a transfer is that the IP address of the user is transferred to Quad9 and thus conclusions on the executing of RTR-NetTest may be drawn.

1.5. Duration of storage of personal data

The IP address, the WLAN network ID (SSID) and numerical WLAN ID (BSSID) are stored by RTR for a maximum period of six months. In any case the Client UUID will be deleted with the final termination of the RTR-NetTest.

1.6. Rights of users in connection with personal data

By providing the randomly generated client ID (= Client UUID) - which can be found in the app under Info - the user has amongst others the following rights concerning her or his personal data:

1.7. Contact

Questions regarding the processing of personal data and data protection in connection with the RTR-NetTest can be send to:

2. Terms of Use

Users use the browser version and app of the RTR-NetTest at their own risk. Please send any comments on correction of inaccurate content, graphics etc. by e-mail to netztest@rtr.at. Under 14 years can use the RTR-NetTest with the consent of their legal guardian(s).

The RTR-NetTest informs users about the current service quality (including upload, download, ping, signal strength) of their Internet connection. The Android app features two options for technically interested users: On the one hand, RTR-NetTest offers a loop-modus, which enables automatically repeated RTR-NetTests (note: in pauses between the tests signal measurements continue); on the other hand, with the signal-only loop-modus signal measurements are also carried out repeatedly - without any speed- or quality tests.

In the event of a great demand or very high number of tests in a specific area, the loop-modus can be rejected by the test system in order to avoid overload. Please note that the loop-modus is (only) intended for use within the EU and the EEA. The loop-modus consumes a large amount of data. With fast connections, 10 tests can consume 1 GB or more of data. It is therefore strongly recommended that the loop-modus is only used with real flat rate tariffs, where additional data volume does not cause additional costs. The loop-modus drains the battery quickly. In pauses between the tests, the GPS and the display remain active and signal measurements continue, which means that the energy is used up much faster than during stand-by mode. The loop-modus should therefore only be used if an external power supply is available. The same applies to the signal-only loop-modus: The signal-only loop-modus is (only) intended for use within the EU and the EEA. The battery is quickly drained by the signal-only measurements. In the pauses between tests, the GPS and the display remain active and signal measurements continue, which means that the energy is used up much faster than in stand-by mode. The loop-modus should therefore only be used if an external power supply is available.

RTR’s legal authorisation to offer RTR-NetTest is enshrined in Art 46 Par 5 and Par 6 and Art 48 Telecommunications Act 2021 as well as Art 4 Par 4 5 Par 1 Regulation (EU) 2015/2120. To fulfil this duty and ensure users with the greatest possible transparency and information – while respecting their privacy – RTR-NetTest is based on the open source and open data principle.

According to the open source principle, this means that the source code of the RTR-NetTest software is publicly accessible and that RTR has put the components it has developed under an open source licence, ie Apache licence version 2.0 (https://www.apache.org/licenses/LICENSE-2.0). Care should be taken, however, that when the RTR-NetTest source code is used, other licences may be needed. The RTR-NetTest logo and the RTR-NetTest font are not subject to the open source and open data principle and copying, modifying or processing them in changed or unchanged form is prohibited. The RTR-NetTest data listed under https://www.netztest.at/en/Opendata are retrievable as open data and are under the usage of the Creative Commons Attribution 4.0 (CC BY 4.0) Lizenz (https://creativecommons.org/licenses/by/4.0/deed.en) so made freely available to the general public for information, use, dissemination and other applications.

RTR also points out that at the time of linking to third-party content on the World Wide Web (Internet links), this content was free of any illegal elements, and that RTR has no influence on the current and future form of the linked content. RTR explicitly renounces responsibility for any content of linked sites that were changed after the link was made. The accuracy of content is always the responsibility of the respective provider or operator of the website. RTR does not accept any liability and/or guarantee for it.

There is no legal claim to permanent availability of the offer. RTR explicitly reserves the right to change, add to or delete parts of the RTR-NetTest or the entire RTR-NetTest offer without prior announcement, or to cease publication of it temporarily or finally.

RTR makes every endeavour to ensure the RTR-NetTest browser version/website and RTR-NetTest app are constantly up-to-date, complete and accurate. To ensure the correctness of the results, implausible and/or obvious abusive measurements may be marked and/or removed by RTR. RTR reserves the right to initiate appropriate legal action in case of non-compliance. RTR accepts no liability for the up-to-dateness, correctness, completeness or quality of the information and offers provided. As a basic principle, no claims can be brought against RTR for material or immaterial disadvantages and/or losses resulting from the use or non-use of information provided or from the use of incorrect and incomplete information. Where RTR cannot assert a full waiver of liability due to the statutory provisions applicable in the individual case, liability shall be limited to gross negligence and malicious intent.

Version 2023-06-04