1. Privacy Policy

The RTR-NetTest app can be used only after explicit consent to RTR’s Privacy Policy and Terms of Use for the RTR-NetTest. Note that the IP address is transferred, among others also to third countries (thus outside of the EU and the EEA) for which neither an adequacy decision nor appropriate safeguards exist. For further details see item 1.2.1.3.

1.1. General

RTR offers users the opportunity to use the RTR-NetTest. Under 14 years can use the RTR-NetTest with the consent of their legal guardian. RTR’s legal authorisation to offer the RTR-NetTest is enshrined in Art 46 Par 5 and Par 6 and Art 48 Telecommunications Act 2021 as well as Art 5 Par. 1 Regulation (EU) 2015/2120 ("TSM regulation"). To fulfil this duty and ensure users with the greatest possible transparency and information – while respecting their privacy – the RTR-NetTest is based on the open source and open data principle.

The RTR-NetTest comprises a test developed by RTR (= RTR Multithreaded Broadband Test, hereafter the RMB-Test).

1.2. Processing of data by the RMB-Test

1.2.1. RMB-Test

1.2.1.1. What data are processed?

The following data are processed as part of the RMB-Test:

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.

1.2.1.2. Processing of personal data and the purposes for processing of personal data

Only with the solely agreement of the user the following personal data are processed in the course of the RMB-Test: (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 these personal data:

1.2.1.3. Transferring of personal data

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 the RTR-NetTest may be drawn.

1.3. 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.

1.4. 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:

1.5. 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.

To comply with the legal authorisation enshrined in Art 46 Par 5 and Par 6 and Art 48 TKG 2021 as well as Art 5 Par. 1 Regulation (EU) 2015/2120 ("TSM regulation") and ensure users with the greatest possible transparency and information – while respecting their privacy – the 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, i.e. 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 Namensnennung 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 2021-11-01