Legal Information & Privacy Policy

1. Service Details

The CNMC Speed Test service allows you to perform a quality of service test of your connection and to access long-term service quality information in Spain. In this way, you can view current and past quality of service results for data sets across different operator networks by geographic area. To this end, it offers users access to Statistics, a Map, and an Open Data interface.

Please note that certain factors can affect the measurements made by the service, such as radio frequency interference and technical aspects related to the devices used. This means that specific measurements made using the service may not necessarily reflect the correct quality and speed of the measured connection.

The current configuration of the service is not intended to certify or resolve individual issues with internet access service performance.

The results provided by the service are for informational purposes only, as they may be influenced by the user's environment.

When tests are conducted over a mobile network, you should note that the service will send and receive large amounts of data, which are directly proportional to the connection speed being measured. For example, with a connection speed of 100 Mbit/s, the test will transfer approximately 100 megabytes of data. The loop mode will multiply the data consumption by the number of tests performed in a loop. Therefore, it is recommended that your mobile operator's data plan is unlimited or allows for high data consumption without additional cost.

CNMC does not guarantee the reliability of measurement results for connections with speeds above 1 Gbit/s due to measurement restrictions such as device characteristics and browser version, which are exacerbated at higher connection speeds.

2. Limitation of Liability

CNMC makes every effort to ensure that the service is up-to-date, accurate, and complete.

However, you should keep in mind that the service is only a technical aid for informational purposes.

CNMC accepts no responsibility for the timeliness, accuracy, completeness, or quality of the information, nor for any failures that may occur in the service due to errors, inaccuracies, incompatibilities, including minimum storage and memory requirements.

CNMC accepts no responsibility for any damages or losses of any kind resulting from the use of the service.

3. Use of the Service

CNMC grants you a free, non-exclusive, non-transferable, and limited right to use the service at your own risk and only for its intended purpose.

CNMC reserves the exclusive right to modify, update, cancel, delete, revise, remove, or make any other changes to all or part of the service at any time, provided that there is a valid reason for doing so and in compliance with applicable legislation.

Data published as Open Data is available for analysis and reuse under the terms set out in the CNMC Data Portal through the Creative Commons Attribution-ShareAlike (CC BY-SA 4.0) license.

By accepting this Legal Notice, you agree not to use the service for fraudulent purposes and not to engage in any conduct that could damage the image, interests, and rights of CNMC or third parties, nor to take any action aimed at damaging, invalidating, or overloading the service or hindering its normal use and operation.

In the event of non-compliance with this Legal Notice and Terms of Use, CNMC reserves the right to limit, suspend, or terminate your access to the service and to take the necessary technical measures.

Finally, CNMC reserves the right to decide at any time on the continuity of the service.

4. Privacy and Security

We take your privacy seriously. Please consult our Privacy Policy in the Settings > General Information section of the mobile applications and in the link to the Privacy Policy on the web application to find out how we collect, use, and protect your personal data.

The results of your tests are displayed on a geographical map along with your location after you have provided your consent. Please note that the publication of your location on the geographical map may allow for the association of the measurements with specific locations.

The security of your information is important to us, which is why we have implemented security measures to protect your information. Please ensure that you implement your own security measures, and for the most complete security, do not use CNMC Speed Test on rooted devices or with unofficial firmware.

Keep your device up to date, and do not share your identifiers or give access to unreliable sources to your information.

5. Intellectual and Industrial Property

The source code of the CNMC Speed Test service is published under an open-source license.

CNMC is the owner of all intellectual and industrial property rights to the name of the service, the designs and logos of the service, and the text and/or graphics of the mobile and web applications. You may not reproduce, copy, modify, or distribute this material without the prior express written authorization of CNMC. In addition, you agree not to claim or register, directly or indirectly, any intellectual or industrial property rights related to these elements.

All results of the measurements performed are the exclusive property of CNMC.

Designs, logos, text, and/or graphics belonging to third parties that may appear in the service are owned by their respective owners, who are solely responsible for any disputes that may arise concerning them.

CNMC acknowledges the corresponding intellectual and industrial property rights of their respective owners. The mere mention or appearance of such content in the service does not imply any rights or liability concerning such content, nor any endorsement, sponsorship, or recommendation by CNMC.

6. User Responsibilities

By using the CNMC Speed Test service, you agree to comply with all applicable laws and regulations.

Do not use CNMC Speed Test in a way that could harm other users or the service itself. Using CNMC Speed Test with unofficial versions of iOS or Android is not permitted. Using CNMC Speed Test on rooted devices is not permitted.

You must use the service at your own risk. CNMC is not responsible for direct, indirect, incidental, consequential, or any other types of losses that may result from the use of the service.

Since the service is free of charge, you agree that there will be no compensation from CNMC for any damages or losses related to the service.

7. Changes to Terms and Conditions

We reserve the right to modify this legal notice and the terms of use at any time.

We will notify you of any changes, and these must be accepted in order to continue using the service.

8. Third-Party Links

The service may contain links to third-party websites. Since CNMC cannot always control the content introduced by third parties on their respective websites, it assumes no responsibility for such content.

In any case, CNMC will proceed to immediately remove any content that may violate national or international law, morals, or public order, and will immediately remove the redirection to such website and inform the competent authorities of the content in question.

9. Applicable Law and Jurisdiction

The service is subject to Spanish law.

The parties agree that any disputes, disagreements, questions, or claims arising from the execution or interpretation of the service, or related to it, directly or indirectly, will be finally resolved before the courts of Madrid.

1. Who is the data controller for your data as a user of the “CNMC Speed Test”?

The data controller for your data as a user of “CNMC Speed Test” is:

• Name: Comisión Nacional de los Mercados y la Competencia
• Data Protection Officer: dpd@cnmc.es
• Address: c/Barquillo 5, 28014 MADRID

The CNMC Speed Test service is provided by the Comisión Nacional de los Mercados y la Competencia.

2. Acceptance of the Privacy Policy

The personal data that may be processed by CNMC Speed Test will be obtained after your acceptance of this privacy policy and the terms of use of the application, and will belong to the following categories:

• Device IP address
• Geographic location of the measurement determined automatically (only if location is enabled on the device)

The CNMC Speed Test service will show you the terms and conditions of use and the privacy policy before starting. Every time you accept a new version of the terms and conditions and the privacy policy, the CNMC Speed Test service will record your acceptance.

By accepting this policy, you agree to the publication of the geographic location where the user performs the test. A map is published with the locations where the measurements were taken. The publication of the location on the geographic map may allow the association of the measurements with specific locations.

You can disable location on the mobile app and in the browser to prevent the location of the measurements from being published.

3. What data do we process?

The following data is collected, processed, and published on the CNMC Speed Test website and mobile applications and is made available to the public for free as Open Data:

• Data connection speed in both directions (download/upload)
• Data connection latency (ping)
• Signal strength, only in the Android and iOS versions
• Test time and date
• Customer's geographic location determined automatically (if permission is accepted)
• IP network (autonomous system, AS)
• Mobile network (origin network, network used, GSM/UMTS/LTE/etc., network name, frequency, band, base station identification), only in the Android and iOS versions
• Test parameters (method, progress, test server, test configuration: for example, test duration)
• Environmental conditions of the measurement (temperature, CPU usage), only in the Android version
• Device type/model, operating system/software version of the browser
• NAT Yes/No (direct internet access or private address used)
• Roaming status (national, international), only in the Android and iOS versions
• IP version

The following data is collected and processed in the various CNMC Speed Test platforms but is not published:

• Randomly generated identifier (Client UUID)
• Rejection or acceptance of privacy policies and terms of use
• Client location metadata (location accuracy, location fixing method, distance covered)
• Device IP address
• WLAN network identifier (SSID and BSSID), only in the Android and iOS versions

4. Loop Mode

In loop mode, the same data is processed as in the individual test. The first test starts immediately after the loop mode is activated. Further tests are performed after the waiting time has elapsed or the specified distance has been covered. Tests will be conducted until the configured number of tests is reached. Loop mode can be stopped manually or will stop after 48 hours.

It should be noted that in Loop Mode, due to its characteristics, it cannot be ruled out that the user may be identified. The user is informed when Loop Mode is activated. CNMC will not identify the user under any circumstances.

5. What is the legal basis for processing your data?

The processing of personal data that may be carried out by CNMC Speed Test is based on the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the data controller, in accordance with Article 6.1e) of the GDPR.

In addition, we inform you that the regulations applicable to the services offered by CNMC Speed Test are as follows:

• Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights
• Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations
• Law 40/2015, of 1 October, on the Legal Regime of the Public Sector
• Regulation (EU) 2016/679, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data (General Data Protection Regulation)
• Royal Decree 203/2021, of 30 March, approving the Regulation on the performance and functioning of the public sector by electronic means
• Royal Decree 311/2022, of 3 May, regulating the National Security Framework

6. Why and for what purposes do we use your data?

The processing of personal data in CNMC Speed Test has the following objectives:

• To display and provide information on the quality of the user's connection service, offering the possibility of comparing it with current and past quality of service results from other users of different operator networks in the same geographic area, without identifying the user who performed the test at any time.
• To provide CNMC, public authorities, operators, and the general public with an overview of the evolution of the quality of internet access service.

The information and data collected in CNMC Speed Test will be processed solely for the purpose of providing you with a service that meets the functionalities of the application.

The IP address is only displayed to the user who performed the measurement and is used for the technical enabling of the map, to assign tests to individual operators, and to detect misuse.

The randomly generated client identifier Client UUID is used to present the user with the history of results, to identify misuse, and to guarantee the user's rights in relation to data protection.

WLAN network identifiers are processed to interpret user results and provide an overview of this information across all stored measurements.

7. How long do we store your data?

The personal data you provide us will be retained for as long as necessary to fulfill the purpose for which it is collected and to determine any responsibilities that may arise from the processing.

The IP address and WLAN network identifiers (SSID and BSSID) are stored for six months.

8. Do we share your data with third parties?

In general, your personal data will not be shared with other third parties, except for legal obligations, which may include communications to the Ombudsman, judges, courts, and persons involved in complaints-related proceedings.

The IP address may be transferred to other countries solely for the purpose of enabling the display of the map and determining the position. This data transfer, depending on the device used, to Google, Microsoft, and OpenStreetMap is based on European Commission decisions that guarantee an adequate level of protection, in accordance with Article 45 of the General Data Protection Regulation (GDPR). This guarantee is established to ensure that the IP address is not published.

9. Who has access to your personal data?

In certain cases (e.g., to resolve an issue or inquiry you raise), we may need access to the personal data that is strictly necessary in order to resolve the issue or respond to your inquiry. In no other case will your personal data be used, and CNMC will not identify users.

10. What are your rights, and how can you control your data?

The regulations grant you a number of rights regarding the data and information we process about you. Specifically, the rights of access, rectification, deletion, and limitation of processing.

For the data for which CNMC is the data controller, these rights will be exercised directly with CNMC.

You can consult the full scope and details of these rights on the Spanish Data Protection Agency (AEPD) website.

As for the exercise of your rights, you may do so at any time and free of charge by providing the Client UUID identifier, which appears in the options/configuration menu of the website and applications, and contacting the Data Controller, Comisión Nacional de los Mercados y la Competencia, at its physical office at c/ Barquillo 5, 28014 MADRID, or through its Electronic Headquarters.

You also have the right to file a complaint with the Data Protection Officer, either in advance or optionally, by sending an email to dpd@cnmc.es.

In addition to all of the above, you always have the right to file a complaint with the Spanish Data Protection Agency: https://www.aepd.es/.

11. How do we protect your data?

The Comisión Nacional de los Mercados y la Competencia guarantees the security, secrecy, and confidentiality of your data, communications, and personal information, and has adopted the most demanding and robust security measures and technical means to prevent its loss, misuse, or unauthorized access.

The security measures implemented correspond to those provided for in Annex II (Security Measures) of the Royal Decree 311/2022, of 3 May, regulating the National Security Framework.

Furthermore, we are committed to acting swiftly and responsibly in the event that the security of your data may be compromised, and to informing you if it is relevant. Incident management protocols are in place, including notifications to supervisory authorities and users where required by law.

Finally, we inform you that both the storage and all other activities related to the processing of your data will always be located within the European Union.