NetMetr Application Terms and Conditions

1. Introductory Provisions

1.1

The NetMetr Application (hereinafter the “Application”), which consists of a server component and an application for the Android and iOS operating systems, is used to measure the speed and quality of a mobile data connection. The entity responsible for the operation and development of the Application, processing of personal data of the Users of the Application, collection of data gathered through the Application and the processing and publishing of said data is the CZ.NIC Association, z.s.p.o., ID No. 67985726. Oversight of the method for collecting and processing data through the Application and for verification of the data is provided by the Czech Telecommunications Office.

1.2

The full source code of the Application is available as open source at https://gitlab.labs.nic.cz/labs/netmetr.

1.3

The name and logo of the Application are subject to copyright protection under Act No. 121/2000 Coll., the Copyright Act, with the CZ.NIC Association, z.s.p.o. as the executor. The name and logo are therefore not covered by the open source and open data principles and cannot be freely used.

1.4

The sites , and the mobile applications display data obtained through the Application, provided as open data under the licence CC BY 3.0 or other similar licences. Open data are made available to the public for further processing. Data gathered through the Application that are not available on the listed websites or in the mobile applications are not available to the public as open data.

1.5

The Application may only be used after the User explicitly expresses consent to these Terms and Conditions; this consent may be withdrawn at any time. Data gathered during previously performed measurements remain on record even after the User withdraws consent; the data do not include the User’s personal information. User consent is recorded. In the event of any changes in the processing or handling of data obtained through the Application, particularly in connection with new versions of the Application, the User must again explicitly express consent to these Terms and Conditions.

1.6

The Application can carry out two separate tests, but both needn’t be available on all platforms (operating systems). The basic test measures download and upload speed as well as other quality parameters of a data connection. The second test is the optional NDT test measuring other technical parameters. This test is only available if it is enabled by the platform (operating system) on the User’s device.

1.7

The CZ.NIC Association is registered at the Office for Personal Data Protection as an entity processing personal data in accordance with these Terms and Conditions; the Association’s number in the public register of personal data processing is 00021060, serial no. 006.

2. Basic test

2.1

The basic test processes these data:

The data displayed in bold are available as open data at netmetr.cz/stazeni-dat.html and are shown in the form of maps and tables in the web part of the Application and in mobile applications.

2.2

During the basic test, the Application processes the IP address and a randomly generated User ID. The User ID is not published as open data. The IP address is published only partially to ensure that the User remains anonymous. Only a part of the IP address that does not permit the identification of a specific node in the network is published.

2.3

The randomly generated User ID is processed to allow Users to withdraw their consent to the processing of their IP address, to be able to record the history of the use of the Application by the User, to identify related tests and to identify errors in the use of the Application or errors in the Application.

2.4

By launching the test and pressing the [I agree] button, the User provides their explicit consent to the processing of their IP address and randomly generated User ID as well as to the processing and transmission of other data listed in Article 2.1.

2.5

The User may withdraw their consent to the processing of their IP address and randomly generated User ID at any time by sending an e-mail to netmetr@labs.nic.cz mentioning their User ID, or by sending a withdrawal notification to CZ.NIC, z.s.p.o., Milešovská 1136/5, 130 00 Prague 3.

3. NDT test

3.1

The NDT test processes the following data:

3.2

Data processed during the NDT test are transmitted to servers managed by The PlanetLab Consortium (www.planet-lab.org/consortium). The data are published on www.netmetr.cz and www.measurementlab.net as freely available to the public for information purposes, for use, dissemination and other applications under the licence CC BY 3.0 or other similar licences.

3.3

In order to assign tests to individual countries and operators during the NDT test, it is necessary to process the IP address and transfer it to servers managed by the PlanetLab Consortium and M-Lab which are located in the European Union. These data may be permanently stored and published as freely available to the public for informational purposes, use, dissemination and other applications under CC BY 3.0 or other similar licences.

3.4

The publication of the IP address is subject to the provisions of Article 2.2.

3.5

The NDT test is only available in the Application running on the Android platform and may only be launched if the User accepts these Terms and Conditions and actively checks “Run NDT test”. The User explicitly agrees that for the purposes of the NDT test, IP address and other data may be transferred to and processed on servers located elsewhere in the territory of the European Union outside the Czech Republic.

4. Personal Data Protection

4.1

The administrator of personal data processed in accordance with these Terms and Conditions is the CZ.NIC Association.

4.2

The User voluntarily grants consent to

4.2.1

the processing of the User’s personal data gathered in accordance with these Terms and Conditions for the purposes of use of the Application and the provisioning of data gathered using the Application under these Terms and Conditions;

4.2.3

the transmission of User data, including personal data, gathered during the use of the Application, in the scope defined by these Terms and Conditions and in accordance with them, including outside the territory of the Czech Republic;

4.3

The CZ.NIC Association is entitled to provide the data of the Application’s Users to government authorities and courts, including the Arbitration Court, in accordance with the law and as part of the official activities of these bodies.

4.4

The data and records under Article 4.3 may only be provided if they refer to specific Users. Under the same conditions, the CZ.NIC Association is also entitled to provide information on historical data, if available.

4.5

The CZ.NIC Association shall provide historical data about a User upon the User’s request, if such data are available.

4.6

User data are kept as long as there is recorded User consent to these Terms and Conditions as defined in Article 1.5.

4.7

The CZ.NIC Association shall provide to a User data about this User collected during use of the Application under these Terms and Conditions, including data provided in accordance with Article 4.2.2, for the period these data are kept in accordance with Article 4.6.

4.8

Should the User discover or suspect that the CZ.NIC Association is processing the User’s personal data in conflict with the principles of the protection of private and personal life or in conflict with the applicable legislation, especially if the data are incorrect in view of the purpose of its processing, the User shall be entitled to seek the CZ.NIC Association’s explanation and a rectification of the current situation (especially by blocking, correcting, supplementing or disposing of the personal data).

4.9

User consent to the processing of personal data in accordance with these Terms and Conditions may be withdrawn by the User at any time as described in Article 2.5.