- TRUE SPEED is an application for capturing anonymized measurement data to determine the quality of wireless network coverage and the performance of data connections in terms of perceived and technically measured quality (QoS/QoE).
- NET CHECK GmbH is part of thee NC Group GmbH and the operator of TRUE SPEED.
- For the purposes of this agreement, a user refers to a natural or legal person who uses the smartphone application or the TRUE SPEED website.
- The user enters into the terms of this agreement by using the application or the website. Acceptance of this agreement is a prerequisite for using TRUE SPEED.
- The operator expressly reserves the right to refuse the use or registration to natural and legal persons without giving any specific reason.
- This user agreement applies to all content and services currently and in the future offered by TRUE SPEED. It governs the relationship between the user and the operator of TRUE SPEED.
- Upon accepting the user agreement, the user of TRUE SPEED gains the technical ability to transfer test data from the internet to an end device (download), send test data from an end device to the internet (upload), and determine the latency (ping) from an end device to a test server.
- The operator may update or modify this user agreement at any time. If the user objects to the updated user agreement or fails to accept it, their right to use TRUE SPEED will immediately cease.
- The user’s general terms and conditions and any amendments to this user agreement do not apply.
§2 User Relationship
- The use of advanced services offered by TRUE SPEED (e.g., community) may only be possible after successful registration of the user. The operator reserves the right to deny the user access to and use of TRUE SPEED in case of incorrect or incomplete user information. The same applies in case of a violation of this user agreement or a reasonable suspicion of such a violation.
- The user relationship begins with the user’s acceptance of this agreement.
- The user may terminate the user relationship at any time by deleting the application. Upon registration as a user, the operator grants the user an individual access right to the advanced services of TRUE SPEED. This access right is personal and non-transferable.
- The right of the operator and the user to terminate the agreement without notice for an important reason remains unaffected.
§3 Rights and Obligations of the User
- With the start of the user relationship, the user has the right to use TRUE SPEED and its provided functionalities according to this user agreement.
- The user agrees that the data provided by them may be anonymized and visible to other users or third parties.
- The user does not acquire any rights outside the intended use of TRUE SPEED.
- The user is obliged to comply with legal regulations and not to use the offerings and services of TRUE SPEED for unlawful purposes.
- The offerings and services of TRUE SPEED may only be used for the purposes stated in § 1 of the preamble.
- Actions by the user that are capable of impairing or rendering the offerings and services of TRUE SPEED inoperable are prohibited. The user is obligated to compensate the operator for any damages resulting from a violation of the mentioned obligations or the rights of third parties. This includes indirect damages and financial losses. The user indemnifies the operator from any claims by third parties arising from such a violation, unless they are not responsible for the violation.
§4 Responsibility for Content, References and Links
- If the user accesses external websites through links on TRUE SPEED, the responsibility lies solely with the providers of those sites. The operator does not endorse the content of these sites. Any liability or warranty of the operator for the content of the linked sites is excluded. Due to the chosen method of calling and linking, there is no automatic temporary caching of external information, so the operator is not responsible for such information.
- At the time of linking, the operator did not identify any unlawful content on the linked pages. The operator has no influence on current and future changes to the linked pages.
§5 Access and Availability
- Internet access and communication equipment are not part of this agreement.
- The operator is authorized to adapt TRUE SPEED to the current state of technology and legal requirements at any time.
§6 Service Interruptions
- Due to the structure of the internet, the operator has no control over data transmission on the internet and assumes no responsibility for the availability, reliability, and quality of telecommunications networks, data networks, and technical facilities of third parties. The operator is not responsible for disruptions caused by force majeure.
- The operator may fully or partially block the use of TRUE SPEED or restrict access to TRUE SPEED if TRUE SPEED is technically overloaded or disrupted, or if such overload or disruption is imminent. In such cases, the operator endeavors to restore full functionality promptly. The functionality of TRUE SPEED may be temporarily limited or unavailable due to system maintenance.
§7 Data Protection and Data Security
- The personal data of the user required for registration and the execution and processing of the advanced services offered by TRUE SPEED are collected, stored, and processed in accordance with the legal provisions of the Federal Data Protection Act of Germany and the state of Berlin.
- When using the smartphone application, no personal data is collected and stored except for voluntary information. The following technical data is transmitted to and stored by the operator: a. Timestamp, b. Location data, c. Measurement results, d. Program version and ID, e. Device type and version, f. Mobile network data: Access technology (GSM, UMTS, LTE, etc.), CellId, LAC, MNC, MCC, signal level.
- When using the comfort measurement, the following data is additionally anonymized, transmitted, and stored: a. Device status: Battery status, connection status, phone state (ringing, active call, waiting), b. Mobile network data: Available signal levels, c. Wi-Fi: Connection status, operator, theoretical speed, ID, d. Usage data: App data consumption in total and in the mobile network, user account ID as a hash value.
- The data specified in § 1 is solely required for technical or statistical purposes. No comparison with other data sets or non-anonymized disclosure to third parties, even in part, takes place.
- The use of the offered services (ordering information material and newsletters, self-entry into databases, etc.) by the user is expressly voluntary.
- Personal data necessary for fulfilling the purpose will be deleted immediately by the operator. Email addresses provided by the user will be stored by the operator and not used for any other purposes. The user can terminate this by submitting a corresponding declaration of intent to the operator (contact details see imprint); the email addresses will be deleted as a result.
- In any case, the provided personal data will be processed exclusively for sending the requested information or for other purposes explicitly stated in the respective form. If necessary to answer the inquiry, the entered data will be forwarded to the responsible authority. Beyond that, this data will not be disclosed to third parties. The user permits the operator to provide information about the processed and stored data of the data subject in accordance with the Federal Data Protection Act and the Berlin Data Protection Act.
- The user expressly agrees to the processing of their personal data in accordance with this agreement.
§8 Copyright Protection and Image Credits
The content may not be modified or used in other electronic or printed publications without the written permission of the respective rights holders. This also applies to the reproduction, permanent storage, or sending of content posted on these web pages. Unless otherwise stated, all pages of TRUE SPEED are subject to copyright. This applies in particular to texts, images, logos, graphics, audio, and video files, including their arrangement on the web pages. All trademarks and trade names mentioned within the Internet offer are subject without restriction to the provisions of the respective valid trademark law and the ownership or possession rights of the respective registered owners. The mere mention on TRUE SPEED does not imply that trademarks are not protected by the rights of third parties. Violation of these provisions obliges immediate destruction of all printed or downloaded content. The assertion of claims for damages remains reserved. Trademarks and business names are used in the present content; even if they are not labeled as such, the corresponding legal provisions apply.
§9 Exclusion of Warranty and Liability
The content of TRUE SPEED is provided without any warranty, in particular with regard to its accuracy, completeness, suitability for specific purposes, as well as the absence of third-party rights and the non-infringement of intellectual property. The operator may make changes to the content of this website at any time without prior notice. The operator strives for constant up-to-dateness but is not obliged to update the content of this website. The operator does not warrant the accessibility and technical usability of the websites or transmitted files of third parties. The use of the content provided on TRUE SPEED is solely at the user’s own risk. The operator or any third parties registered or mentioned on TRUE SPEED shall not be liable for any damages of any kind. Paragraph 4 does not apply if damages are intentionally caused or if legal provisions on liability are mandatorily required.
Registration with TRUE SPEED and the use of the offered services and features are free of charge unless the operator explicitly names fees or costs.
§11 Jurisdiction and Applicable Law
The place of jurisdiction for any disputes arising in connection with this agreement is Berlin. Statutory mandatory places of jurisdiction remain unaffected. The law of the Federal Republic of Germany applies, excluding its conflict of law provisions.
I hereby agree that the NET CHECK GmbH, Ella-Barowsky-Straße 45-47, 10829 Berlin, the following data is processed and transmitted for the purposes set out below.
Truespeed includes a software extension (SDK) that collects technical data. For privacy NET CHECK only collects the data in encrypted form and assigns it to a pseudonym. The following data is collected and send it to NET CHECK:
Device information as SHA512 hash: MAC Address, Android ID, Google Advertisement ID, IMSI
Device Information: Operating system version and artificially generated device ID, device type and version, preferred network type.
Measuring Data: Technical data related to telecommunication networks.
To protect the privacy of the phone user, NET CHECK does the following: A hash value (SHA512) is formed from the MAC address (if applicable the Android ID or the Advertisement ID) of the mobile phone. This encryption is already done on the phone, so that NET CHECK the MAC address (or the Android ID or Advertisement ID) not received.
NET CHECK only gets the hash value and uses it as a pseudonym to which all others collected data. The pseudonym is only used by NET CHECK. It will not be disclosed to other third parties.
NET CHECK never collects data such as passwords, messages, emails or access them to phonebook contacts or media content.
NET CHECK uses the data for purposes of analyzing mobile networks including issuing Optimization and expansion recommendations, market research and analysis of traffic flows including Catchment area, visitor frequency and location analyzes. Other recipients receive the data only in aggregated form, which does not make any conclusions about individual mobile phones or SIM cards. Data that can be assigned to specific mobile phones, in particular MAC addresses, IMSI and phone numbers (all hashed) will not be accessible to those recipients of the data.