About us

About nPerf, about us

nPerf's objectives
nPerf aims to help you measuring the quality of your Internet connection. A bitrate test, as powerful as it can be, is not sufficient to characterize the quality of an Internet connection. That is the reason why we decided to develop a new way of testing your Internet connection in only few seconds, through a new process which is very similar to the way you are surfing on Internet.

Key figures
nPerf, that's already several million tests and more than 1 billion measurements per year for the mapping of mobile networks. The nPerf server network consists of more than 350 servers worldwide with a total bandwidth greater than 1 Tb/s.

How does nPerf test?

Bitrate test
The bitrate test relies on downloading binary files with multiple simultaneous connections in order to saturate your connection during a few seconds. We can then measure the bitrate accurately. The peak rate is corresponding to the average of 30% of the highest samples (50% when uploading). The average rate is calculated after having excluded 5% of the lowest and 5% of the highest samples.

Latency
The latency test is performed ten times. We calculate the minimum and the average values, as well as the jitter value (maximum variation between samples).

TCP/HTTP Modes
By default, nPerf engine uses TCP mode which is more efficient because it uses sockets directly without going through the browser. To use TCP mode, you need to access remote services on TCP Port 8080 . If the TCP mode is not available (port 8080 is blocked), then test is done in HTTP mode. In this case the requests are going through the browser. This works well for bitrates up to 100 Mb/s , but beyond, this mode reaches its limits.

How to support the nPerf project?

Supplying a community database

Without you, nPerf would not exist. By using our application, even for free, you contribute in the project. Your tests supply the nPerf database and you are therefore helping in the development of nPerf tools and services.

Providing a dedicated server

You are a sysadmin, a web hoster or an Internet provider? nPerf can integrate your own server! The more servers we provide, the more relevant the tests results will be. For ISP, we can support the configuration and administration of servers. Contact us.

Contact us

Privacy policy

Which are the data collected by nPerf?

nPerf application only collects geo-localized statistics. There is no private data collected. Collected data are used to characterize operator networks. All collected data become the property of nPerf SAS. Collected data are as follows: geo-localization, network information, device type and model, system version, tests measurements.

How are these data processed?

Data are compiled in order to be published by ourselves. They will also be used to display maps statistics on our Web site. If they are transferred to third parties on a commercial basis, these data will be made totally anonymous (IP obfuscation).

How to buy nPerf raw data?

Contact us !
You would like to analyze in detail the collected data? We can provide raw, anonymous and complete data for a defined geographical area. Contact us for a specific quotation.

Contact us

NPERF TEST - GENERAL TERMS OF SERVICE

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OUR SERVICES.

nPerf, a simplified joint-stock company with a share capital of €65,250, registered with the RCS (Commercial Registry) of Lyon under number B 450 208 244, with headquarters at 87, rue de Sèze, 69006 LYON, France (hereinafter "NPERF"), operates the NPERF connection speed test, which is performed through a web application accessible at www.nperf.com and an application for smartphones and tablets (available for iOS, Android and Windows Store platforms) called "nPerf".

The NPERF Test conducts:

  • An online test of speed and latency, for ADSL, VDSL, cable, fibre or satellite connections
  • A test of speed, latency, navigation and streaming (viewing multimedia files), for cellular connections
  • A measurement of the cellular signal strength received by smartphones and tablets in which the application have been downloaded

Allowing the capacities and therefore the quality of the User's Internet connections to be determined accurately, as well as producing coverage and performance maps of cellular networks.

The purpose of these General Terms of Service is to define the characteristics, procedures and Terms of Service of the NPERF Test, of access to the Services, and the rights and obligations of NPERF, on the one hand, as well as those of all Test Users, on the other hand.

ARTICLE 1: DEFINITIONS

Terms beginning with a capital letter within these General Terms of Service (TOS), including the preamble above, whether used in the singular or the plural, shall have the meaning given to them in this Article.

Premium Subscription: means the paid plan giving access to the Premium Version of the Application for a period of one (1) year.

Application: means the nPerf mobile software applications (Android, iOS & Windows Mobile) published and operated by NPERF to allow the User to perform tests of speed, latency, navigation and/or streaming of their Internet connection, the NPERF Test. There is also a web application of the NPERF Test, accessible on the Website.

NPERF Databases: refers to databases made up of Test Data.

User Account: means the account created by the User when registering on the Website/Application, prior to accessing certain Services offered by the NPERF Test.

Contract: means these TOS, accepted by the User, governing the contractual relations between NPERF and the User.

Test Data: refers to data from measurement tests performed by Users via the Application, collected by NPERF.

Personal Data: refers to data that, within the meaning of the Data Protection Act of 6 January 1978, as amended, and the General Data Protection Regulation of 27 April 2016 (GDPR), makes it possible to name or identify, directly or indirectly, a natural person.

Identifier: means the e-mail address or the specific Username by which the User identify themselves to connect to certain NPERF Test Services. The Identifier is always accompanied by a Password.

Password: a secret term specific to the User that must accompany their User Identifier in order to enable them to connect to certain Services. NPERF recommends that the Password should consist of at least twelve characters of at least four different types (upper case, lower case, numbers, and special characters).

Services: refers to all services, free or paid, constituting the NPERF Test, defined in Article 3 of these Terms.

Enhanced Services: means all Services available free of charge to Users who have created a User Account.

Free Services: means all Free Services available to any User.

Premium Services: refers to all the Paid Services available to Users who have paid for a Premium Subscription.

Website: means the website accessible at the address www.nperf.com published and operated by NPERF. The Website gives access to the NPERF Test Web Application.

NPERF Test or the Test: refers, in whole or in part, to the test of speed, latency, navigation and/or streaming accessible via the Application.

User: means any natural person using the NPERF Test or one of the Services, as a consumer, namely any natural person making a use of the NPERF Test that does not fall within their business or independent professional activity.

PREMIUM Version: refers to the paid premium version of the Application, which does not contain advertisements and allows access to Premium Services.

ARTICLE 2: ACCEPTANCE OF AND CHANGES TO THE TOS2.1. Acceptance of the TOS

These TOS constitute a Contract of indefinite duration between NPERF and the User.

When the Website is opened for the first time, the following message appears for the information of the User:

"By navigating this website, you accept our Privacy and Cookie Policy and our General Terms of Service for the nPerf test.” In addition, a hypertext link on the texts previously underlined allows the User to read the documents and accept them by clicking on the "OK" button.


At the initial launch of the Mobile Application, the following message appears for the User's information: "Thank you for joining the nPerf user community!

Please look at our:

  • Privacy Policy
  • Terms of Service
    By continuing, you unreservedly accept the above terms." In addition, a hypertext link on the words underlined above allows the User to read the documents and accept them by clicking on the "Continue" button.

2.2. Changes to the Terms

NPERF reserves the right to change these TOS, at any time and without notice, in order to adapt them to changes of the NPERF Test and/or its operation or to legislative or regulatory developments.

The User will be informed of the adoption of each new version of the TOS by an explicit communication (banner, window, notification) during their first connection following the adoption of the modified TOS, inviting them to read the new TOS. Users not accepting the new TOS must stop using the Application.

Any modification of the TOS will come into effect after express acceptance by the User ticking the box for acceptance of the modified TOS.

ARTICLE 3: NPERF TEST SERVICES

The Services, excluding the Premium Services available by paying for a Premium Subscription, are offered free of charge to Users, excluding subscription fees charged by the mobile operator or Internet service provider, excluding connection and service charges for access to the Internet network and any additional costs charged for the consumption of data.

NPERF offers Internet connection speed testing services. Free Services are provided without charge, and without any prior registration requirement on the Website/Application, to any User. Other Services, the Enhanced Services, are provided free of charge, but require the prior registration of the User and the creation of a User Account in accordance with Article 5 of these Terms. Finally, Premium Services require the taking out of a Premium Subscription before being accessible.

The User is informed that the free and unrestricted access to certain NPERF Test Services is financed by the revenues derived from the advertising broadcast and therefore expressly accepts the display of advertisements on the Application.

NPERF is free to sell advertising space to any advertiser.

The User is also informed that the Test Data, derived in particular from the Free Services, feeds the Databases and are anonymised and aggregated by NPERF for the purpose of commercial exploitation of various products or services for its professional third-party clients: services access to raw test datasets, cartography and consultation services of network coverage or speed maps, production of statistical data, publication of ratings etc.

However, at the express request of the telecommunications operator customers, the IP addresses of the User collected during the NPERF test may be communicated to them in non-anonymised form on the express condition that these IP addresses are only used for the exclusive purposes of technical diagnostics. , to the exclusion of any other purpose (in particular the purposes of marketing and commercial promotions).

In case of a change to the free-of-charge nature or the type of Services offered on the Website and/or the Application, the User will be informed as soon as possible via a banner or a notification on the Website/Application, and, if they have created a User Account, by e-mail to the address entered during their registration, and will be free to subscribe or not to these new Services and/or to proceed to the termination of their registration to the modified Services.

3.1. Free Services available to any User

All Users have access to the following Free Services:

  • Upload and download speed tests
  • Latency tests
  • Navigation tests (only on the Mobile App)
  • Streaming tests (only on the Mobile App)
  • Results of tests performed
  • Access to the history of the last 10 tests performed (only on the Mobile Application)
  • Instant rating of the main operators in their country and/or region
  • Maps of speeds and mobile signal strengths
  • Active Mapping (only on the Mobile App)

3.2. Enhanced Services available free of charge to Users who have created a User Account

Any User who have created a User Account will have access, in addition to the Free Services referred to in point 3.1., to the following Enhanced Services:

  • Access, only on the Website, to the dashboard of all the tests carried out on the Web Application: details, export and statistics of the tests
  • Access, only on the Website, to the dashboard of all the tests carried out on the Mobile Application: details and statistics of the last 10 tests carried out
  • Backup of Test Data in the nPerf cloud (ability to retrieve them even in the case of a change of terminal), hosted on servers located on French territory

3.3. Premium Services available to Users who have taken out a Premium Subscription

Users who have subscribed to a Premium Subscription will have access, in addition to access to Free Services, and Enhanced Services if they have created a User Account, to the following Premium Services:

  • Access to the history of all tests performed (unlimited access)
  • Access to the csv download of partial results of the last 100 tests
  • Real-time display of the User's geographical location and the network used (technical data depending on the platform on which the User has taken out the Premium Subscription)
  • Access to the "test sequence" feature (depending on the platform on which the User has taken out the Premium Subscription)
  • Possibility of selecting the number of simultaneous connections (depending on the platform on which the User has taken out the Premium Subscription)

In addition, no advertisements are shown on the Premium Version.

3.4. Geolocation

Some Services require the geolocation of the User.

In all cases, access to the Services requiring such geolocation is subject to the prior express acceptance of the User to be geolocated.

To do this, the User must, if they wish to do so:

  • In the Application, allow the Application to use the geolocation feature. This authorisation may, at any time, and without charge, be revoked or granted from the terminal system settings.
  • The deactivation of geolocation by the Application and/or of the geolocation feature of the mobile terminal blocks the related Services, namely: the positioning of the tests on the maps, the active mapping.
  • On the Website, give their express and prior consent to use the location-sharing feature of their Internet browser. This feature can, at any time, and without charge, be disabled or activated according to the User's browser settings.

ARTICLE 4: OPERATION OF THE NPERF TEST 4.1. Speed measurement

The speed test is based on the downloading of incompressible data with one or more simultaneous connections in order to saturate the User's connection for a few seconds in order to measure its capacity. The peak speed corresponds to the average of the highest 30% of the consecutive samples (50% for the upload rate). The average speed rate is calculated after discarding the lowest 5% and highest 5% of the samples.

4.2. Measurement of latency

The latency test consists of measuring the time it takes for a small data packet to reach the server and then return to your terminal. It is carried out ten times minimum. The result is a minimum, an average and jitter (maximum variation between measurements).

4.3. Performance in navigation

The navigation test consists of loading different websites and measuring the loading time. The performance index is obtained from the loading time.

4.4. Video performance (streaming test)

The video streaming test involves loading and playing a streaming video and measuring the loading time and any buffering (video pause) of the video. The performance index is the ratio of the video's loading and playing time to its nominal duration.

4.5. Score calculation

The final score is calculated from the results of the various tests listed above, in order to provide a global indicator of the user experience, using an exclusive NPERF algorithm.

ARTICLE 5: ACCESS TO SERVICES - CREATION OF A USER ACCOUNT

The Services are provided as part of a shared infrastructure, using the resources of the hosting subcontractors, subject to the User' compliance with the obligations incumbent on them, in particular as regards the payment of the connection fee to the network without which no access is possible to the Services.

5.1. Technical requirements

To access and use the Application, the User must have a compatible phone or mobile device and access to the Internet. The Application can be downloaded free of charge from the Apple Store, Google Play Store and Windows Phone platforms on the following mobile devices:

  • Apple iPhone mobile phone with the iOS operating system (iOS 9 and later)
  • Mobile phone with Android OS 4.0.3 and later
  • Mobile phone with Windows Phone 8, 8.1 or Windows 10 mobile operating system
  • Internet browser in the most recent version published by the publisher

5.2. User Account

Access to Enhanced Services is subject to the creation of a User Account either via the "Create an Account" tab on the Website or via the "Login" tab in the Application.

Each User agrees to create and use a single account, unless specifically authorised in writing by NPERF.

The creation of a User Account must be done prior to the first use of the Enhanced Services.

Registration via the registration form on the Website/Application requires that the User complete the required fields: their username and a valid e-mail address that belongs to them, to act as their Identifier, together with a Password. The Password, personal to the User, must be confirmed.

Once these fields have been filled in, the User must validate their registration form by clicking on the "Create my account" or "Sign In" button and accept these Terms.

The User will then receive an e-mail confirming the creation of their User Account at the e-mail address they have entered.

They must then definitively activate their account by responding to this confirmation e-mail and will thus have access to all Enhanced Services.

In all cases, access to the Services is reserved for Users who have reached the age of fifteen (15) years and NPERF cannot be held responsible for unknowingly collecting Personal Data relating to a minor younger than this minimum age.

The User expressly undertakes not to communicate false information and not to create an account on behalf of a third party. The User will be solely responsible for the consequences that may result from the communication of false or misleading information.

The User thus enjoys permanent and secure access to their Account from the Website or the Application.

The Password is strictly personal and confidential. The User agrees to keep it secret and not to disclose it in any way and in any form whatsoever to third parties.

The User is solely and entirely responsible for the use and confidentiality of their Identifier and Password as well as the consequences of the use of their Account.

In case of loss or theft of their Password, the User shall inform NPERF without delay by sending a message via the contact page https://www.nperf.com/contact/.

NPERF will send them back, to the e-mail address they have provided, the procedure for retrieving a new Password.

The User acknowledges that any connection made using their Identifier and Password will be deemed to have been made by them. In the event that the User becomes aware of access by a third party to their Account, they undertake to immediately notify NPERF by sending a message via the contact page https://www.nperf.com/contact.

Any change in the information provided by the User must result in an online update that will take effect instantly.

ARTICLE 6. INTELLECTUAL PROPERTY6.1. NPERF TEST/SITE/APPLICATIONS

NPERF is the holder of all the intellectual property rights relating to the NPERF Test, the Website and the Application, as well as their elements (software, graphic charter, tree structure, database structure, graphic interface, logos, etc.), which belong to it, or belong to a third party that has authorised NPERF to use them, for the whole world.

During the term of the Contract, NPERF grants to the User a personal, non-exclusive, non-sublicenseable, non-transferable, worldwide and free right to use the NPERF Test, the Website and the Application, and their elements with the sole and only purpose of allowing the User to use the Services, to the exclusion of any other purpose.

Any use, commercial or otherwise, including any download, copy, reproduction, copyright, transmission, distribution, adaptation, translation or representation, in whole or in part of the NPERF Test, the Website and/or the Application, or their elements, in particular the software, by any current or future means or process, on any current or future support, without the prior written permission of NPERF is prohibited and is likely to give rise to legal proceedings, including in respect of the infringement punished by Articles L. 335-2 and following of the Intellectual Property Code, subject to the application of Article L. 122-5 of the said Code.

The name "NPERF" is a protected trademark of which NPERF is the owner. Except with the express and prior authorisation of NPERF, any use of the mark "NPERF" or a sign identical or similar to this mark, as well as to any other mark appearing on the Website and/or Applications belonging to NPERF or to third parties, makes the User liable to criminal and civil proceedings.

6.2. Database

By using the NPERF Test, the User expressly agrees to contribute to enriching the Databases with their Test Data.

The rights to the Databases belong:

  • in respect of their internal and external architecture, to NPERF;
  • in respect of their content, protected by the sui generis right to NPERF as the producer of the Databases.

It is therefore forbidden for any User:

  • To extract by permanent or temporary transfer all or a qualitatively or quantitatively substantial part of the content of the Databases, by any means and in any form whatsoever;
  • To reuse, by making available to the public, all or a qualitatively or quantitatively substantial part of the contents of the Databases, in whatever form;
  • To extract or reuse, in a repetitive or systematic manner, qualitatively or quantitatively insubstantial parts of the content of the Databases when these operations clearly exceed the normal Terms of Service of such databases.

The User is authorised to use their Test Data exclusively for private, non-professional, non-commercial and non-profit purposes (advertising etc.). The User will be solely responsible for this use.

ARTICLE 7: TEST DATA

The Test Data collected by NPERF during the Services are the following data:

  • Geolocation data,
  • Type and model of the User's terminal,
  • Version of the operating system (Mobile Application) or browser (Web Application),
  • Measurements made during the tests described in Article 4 of these Terms of Service,
  • Technical information on the User's network,
  • The IP address of the User, which is anonymised:
    • from the last byte for IP addresses in version 4,
    • from the last 6 bytes for IP addresses in version 6.

However, in accordance with what is stipulated in Article 3 of these Terms of Service, in the case where the telecommunications operator, being a professional customer of nPerf and providing the Internet connection of the User at the time of use by the latter of the Services, would like to use the Test Data, exclusively for technical diagnostic purposes, the User's non-anonymised IP address may be communicated to the telecommunications operator.

ARTICLE 8: PREMIUM SUBSCRIPTION8.1. Price

The price of the PREMIUM Subscription is around € 2 per year including VAT (depending on the platform and the country). The PREMIUM Subscription is valid for all terminals linked to the same GOOGLE, APPLE or WINDOWS STORE account. If the User has terminals belonging to different platforms, they will have to take out a subscription for each platform.

The Premium Version is payable in a secure manner according to the payment terms provided for and required by the Apple App Store, the Android Play Store (Google) or the Windows Store.

The payment methods registered on the User's Store account, namely the credit card, the mobile network access provider billing, or a PayPal type electronic wallet, may vary according to the Store on which the User has an account and acquires the Premium Version.

The Apple App Store, the Android Play Store and the Windows Store are solely responsible for the terms and the payment process in which NPERF does not get involved, in accordance with the terms and conditions imposed by such platforms. Any refund request or enquiry relating to the payment must be addressed to the services of Apple, Android or Windows Phone depending on the platform on which the purchase of the Premium Version have been made by the User. The User's banking data is collected by Apple, Google (Android) or Windows Phone without the involvement of NPERF. NPERF has no knowledge of the banking data of Users, since this is not communicated to it by the platforms.

8.2. Duration

The term of the Premium Subscription is one (1) year from the date of subscription.

At the end of this period:

  • For iOS and Windows Phone, the User is notified directly by the Apple Store or Windows Store platform about the forthcoming expiry of their Subscription. The User must then subscribe to a new Subscription if they wish to continue to have access to the Premium Services.
  • For Android, the Subscription is tacitly renewed every year on its anniversary date (unless cancelled by the User from the Play Store).

8.3. Right to withdraw

Regarding the terms of application of the right of withdrawal (Articles L. 221-18 and following of the Consumer Code), the User is expressly referred to the terms and conditions of Apple Store, Windows Store or Play Store platforms, depending on the platform on which the purchase of the Premium Version has been made by the User.

ARTICLE 9: USE OF THE SERVICES9.1. The User undertakes to behave in a proper manner on the Website and/or the Application in the context of the use of the Services.

In particular, the User agrees to a strictly personal, private and non-collective use of the NPERF Test.Any intensive use, whether individual or collective, manual or robotic, of the NPERF Test, especially in order to influence the statistics and analysis of tests published by NPERF, as well as any exploitation or use for professional purposes, is strictly prohibited.

NPERF sets up filtering systems to identify these types of use and reserves the right to remove from the Database the Test Data generated under such circumstances. The identified devices may then be blacklisted and, therefore, no longer be able to access the Application.

Any commercialisation or other transfer, free of charge or costly, of test results, and therefore of Test Data, is strictly prohibited, except with the prior written consent of NPERF.

9.2. Persons or entities, who wish to make professional use of the NPERF Test, in particular by re-selling/marketing the Test Data, are invited to contact NPERF by e-mail via the contact page https://www.nperf.com/contact in order to conclude a specific contract. This contract may include access to additional features reserved for professional use of the NPERF Test and Test Data. ARTICLE 10: PERSONAL DATA

NPERF, as data controller, collects certain Personal Data of the User necessary for the registration on the Website and/or on the Application (registration, opening and management of the User Account) and/or on accessing the Services defined in Article 3 of these Terms of Service, namely: a Username (pseudonym), an e-mail address and a Password. This information is required and marked as such. Other optional information may be collected. Failure to answer a required field may prevent the processing of the User's request.

NPERF, as part of the NPERF Test, also collects the IP address of the User, their geographical position as well as the technical telecommunications data defined in Article 7 of these Terms. NPERF’s "Privacy Policy for Personal Data & Cookies” also describes in detail all of the data collected as well as the recipients that can process this data.

ARTICLE 11: LIABILITY - GUARANTEE11.1. Access to the Website, the Application and/or the Services

NPERF will do its best to ensure that the Website, the Application and/or the Services are accessible 24 hours a day, 7 days a week, except in a case of force majeure, an event beyond the control of NPERF or maintenance and/or update operations necessary for the proper functioning of the Website, the Application and/or the Services.

These maintenance operations may take place without the User having been previously notified.

The User is also informed that the connection to the Website, the Application and/or the Services is via the Internet. He is warned of the technical risks that can affect this network and lead to slowdowns or unavailability making the connection impossible. NPERF is bound by an obligation of due diligence with regard to the accessibility of the NPERF Test and cannot be held responsible for the difficulties of access to the Services due to disturbances of the Internet which are not attributable to it.

NPERF will in no way be held responsible in the event of a difficulty in accessing the NPERF Test and/or the Services that is related to the User's equipment. It is the User' responsibility to take all necessary measures to ensure that the technical characteristics of their computer, tablet or smartphone and/or their computer network allow access to the Website, the Application and/or the Services, in accordance with the recommendations of NPERF stipulated in Article 5.1. of these Terms.

All costs relating to access to the Services and their use, whether for software or Internet access, are exclusively at the User's expense. The User is solely responsible for the proper functioning of their computer equipment as well as their access to the Internet.

It is up to each User to take all appropriate measures to protect themselves against the contamination of their data, software or hardware by any viruses that may possibly be circulating through the Website, the Application or the Services.

In the event of a security breach identified by NPERF that could seriously jeopardise the security of the Website and/or the Application, NPERF may proceed, without notice, to a temporary interruption of the Services in order to remedy the security breach in the area as fast as possible.

11.2. Use of the Services

NPERF makes no express or implied warranties with respect to the Services, including, without limitation, any implied warranties of fitness of the Application or Website for a particular purpose. NPERF does not guarantee the results of the Services.

The connection of the User to the Website or the Application and their use of the Services are under their full responsibility.

11.3. Media malfunction

NPERF cannot be held responsible for any malfunction of any kind whatsoever relating to the User's access media for the NPERF Test, the Website, the Application and/or the Services, i.e. PC/MAC, smartphone, tablet.

11.4. Modification/stop of Services

NPERF reserves the right to modify and/or improve the Services if it deems it appropriate or necessary.

NPERF reserves the right, subject to reasonable notice, to discontinue definitively one or more Services and cannot be held responsible for any damages that may result from this action.

ARTICLE 12: UNSUBSCRIBING - SUSPENSION AND CLOSURE OF THE ACCOUNT12.1. Unsubscribing

Any User may unsubscribe from the Enhanced Services at any time, without giving a reason, by closing their User Account. This request must be sent to NPERF exclusively via the Internet link: https://www.nperf.com/contact/ and will take effect upon receipt by NPERF. An e-mail confirming the unsubscription/closure of Account will be sent by NPERF to the User at the e-mail address they have provided.

12.2. Temporary or permanent suspension

NPERF reserves the right to suspend at any time, temporarily or permanently, access to the Services and/or the Account of a User who does not comply with all or part of these Terms, including compliance with the provisions relating to the use of the Services (Article 7) and the provisions on intellectual property rights (Article 5).

NPERF will notify the measure to the User, who can provide explanations.

NPERF alone will decide on the possible lifting of the temporary suspension measures put in place.

The closure of a User's Account terminates all Services.

ARTICLE 13: NPERF-USER RELATIONSHIP

For any question relating to these Terms and more generally to the Services, the User may write to NPERF at the following address:

NPERF
87, rue de Sèze
69006 LYON

Alternatively, contact NPERF via the Internet link: https://www.nperf.com/contact/

ARTICLE 14: SEVERABILITY CLAUSE

If any of the provisions of these Terms is found to be void under a rule of law in force or a judicial decision that has become final, then it shall be deemed removed, without causing the invalidity of these Terms of Service or affecting the validity of its other provisions.

Article 15 - APPLICABLE LAW

These Terms are subject to French law.

ARTICLE 16 - DISPUTES

In case of dispute or a disagreement, the User is recommended to approach NPERF in order to try to find an amicable solution.

The User is informed of the possibility, if they are dissatisfied with the result of their complaint to NPERF or in the absence of a response from the latter within a period of two (2) months, of submitting their dispute with NPERF relating to the Services and/or to these Terms of Service to a mediator who will attempt in all independence and impartiality, to bring the Parties together to reach an amicable solution.

To submit a request for mediation, there is a complaint form for consumer-type Users available on the website of our mediator, the AMCE (Association for the Mediation of Electronic Communications): https://www.mediation-telecom.org/

The Parties remain free to accept or refuse the use of mediation and, in the case of recourse to mediation, to accept or reject the solution proposed by the mediator.

In the absence of an amicable agreement, any dispute about the validity, interpretation or execution of these Terms of Service and/or the Services will be submitted to the competent French Courts.

Privacy and Cookie Policy - 30/11/18

nPerf (hereinafter referred to as "NPERF"), will be required to process personal data about you that you provide to us when using:

  • Our mobile apps which can be downloaded free of charge from the Apple Store, Google Play Store and Windows Phone.
  • Our web application from the following URL: www.nperf.com (hereinafter referred to as the "Website")
  • More generally, our Website.

This privacy policy ("Privacy Policy") informs you of how NPERF collects, processes, and protects the information you provide to us on these occasions.

Please read it carefully to fully understand how we process your personal data.
At the initial launch of the Website, the following message appears for the User's information:
"By browsing this website, you accept our Privacy and Cookie Policy and our General Terms of Service for the nPerf test " In addition, a hypertext link on the texts previously underlined allows the User to read the documents and accept them by clicking on the "OK" button.
At the initial launch of the Mobile Application, the following message appears for the User's information: "Thank you for joining the nPerf user community!

Please take a look at our :

  • Privacy Policy
  • Terms of Service

By continuing, you unreservedly accept the above terms.". In addition, a hypertext link on the words underlined above allows the User to read the documents and accept them by clicking on the "Continue" button.

Please note that this Privacy Policy may be modified or added to at any time by NPERF, including to comply with any legislative or regulatory developments. In such a case, its updated date will be clearly identified at the top of the Policy. These modifications apply to the User as soon as they are published online. Please check back frequently to see any updates or changes to this Privacy Policy.You will also be informed of the adoption of each new version of the Privacy Policy by an explicit communication (banner, window, notification) during your first login following the adoption of the amended Privacy Policy.

For any information on the protection of personal data, you can also visit the CNIL website (National Commission for Computing and Freedom): https://www.cnil.fr

1. Who is the data controller?

The data controller determines the processing purposes (why your personal data is processed) and methods (how your personal data is processed?).

The data controller is NPERF, registered with the Lyon Trade and Companies Register under number B 450 208 244, whose registered office is located at 87, rue de Sèze, 69006 LYON, France.

Tel.: +33 (0)4 82 53 34 05

Hereinafter referred to as "NPERF".

2. What type of personal data does NPERF collect?

Personal data are those which permit the designation or identification of a natural person, such as name and surname, postal address, telephone number, email address or IP address, ... .
NPERF is likely to collect and process different types of data.

2.1. The data you send directly to us

When you create an account on one of our apps, you send us

  • A username/login
  • A valid email address
  • A passsword

This information is mandatory. Otherwise, you will not be allowed to create an account and we will not be able to provide you with the services offered by our applications.

The data you send us via the online contact form: last name, first name, email address

2.2. Data that we collect automatically

When you use our applications and Website, we collect technical information about your connection and browsing (make, model, operating system of your device and type and version of your Internet browser, information about your SIM card, mobile network, type of access and operator, geographical position, IP address, connection data).

There are various technologies that may be used to collect this data, including the use of cookies. To find out more about cookies, please refer to our Cookie Policy at the end of this document.

2.3. Exclusion of any sensitive data

NPERF does not collect or process any sensitive data within the meaning of the regulations on the protection of personal data.

Sensitive data are those which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.

3. For what purposes does NPERF process my personal data?

NPERF uses your personal data mainly for the following purposes:

  • Management of your user account
  • Inquiry management
  • As part of the services offered by its applications, NPERF creates value by allowing you, through the use of its applications, to qualify your fixed and/or mobile internet connection.
  • To deliver services of impeccable quality, NPERF collects and processes your personal data:
  • To provide you with free access to your test history from our various applications and the backup of your results on the NPERF Cloud; and
  • To qualify the conditions under which your tests are carried out in order to enrich the technical data collected by NPERF; and
  • To identify your telecom operator, and the geographic location where your analysis is carried out in order to enrich the technical data collected by NPERF; and
  • To contact you about various NPERF-related events, including product updates and customer support;
4. On what legal basis is my personal data processed?

The processing of your personal data is justified on different grounds (legal basis) depending on the use we make of the personal data. You will find below the legal bases we apply to our main procedures.

Among the applicable legal bases:

The contract:
The processing of personal data is necessary for the fulfilment of the contract (provision of our testing services) to which you have agreed by validating the Terms of Use when using our applications.

The consent :
You accept the processing of your personal data by express consent (checkbox, click, etc.). Thus, the processing of your location data is based on your consent.

The legitimate interest :
NPERF has a legitimate interest in processing your data (selling technical data to its business customers, fixed and mobile network telecom operators) which is justified, balanced and does not undermine your privacy [See below, rights of individuals]. When using our applications, your IP addresses are collected to protect our computer systems against fraud or cyber-attacks.

5. Who are the recipients of your personal data?

The following are likely to have access to your personal data:

  • Some NPERF technical department staff filter your data before sending it to NPERF business customers.
  • Your personal data may be transmitted to the service providers (subcontractors) that NPERF relies on for the performance of its activities to:
    • Host nPerf data on servers exclusively based in France.
    • Manage nPerf user accounts (subcontractor based outside the European Economic Area).
    • Manage certain functions of nPerf applications (subcontractor based outside the European Economic Area).
  • Your personal data may also be transmitted to NPERF business customers:
  • Fixed and mobile Telephone Operators.
  • Telecom partners
  • Private companies
  • Public institutions

NPERF sells this collected data to fixed and mobile network telecom operators through service agreements, so that they can evaluate themselves against the competition and improve the performance of their networks.

Your collected IP addresses may thus be communicated to these business customers on an express condition that these IP addresses are only used by them for the exclusive purpose of technical diagnostics, to the exclusion of any other purpose (particularly marketing or sales purposes).

6. How long do we keep your personal data?

The retention period for your personal data varies depending on why it is processed:

  • Your nPerf account details are kept until the end date of your user account (more precisely 7 days later, the time to completely erase account data).
  • Your IP address and other technical data collected during your tests on nPerf applications are kept for five (5) years following their collection and will be then anonymized.
7. What are your rights in respect of your personal data?

In accordance with the regulations in force, you have the following rights in respect of your personal data:

7.1 Right of access and communication

You have the right to know whether personal data concerning you is processed by NPERF and, if so, to obtain a copy in an understandable format.

In order to respond to your request, we are legally required to verify your identity. We may also be required to ask you to provide us with more information in order to respond to your request.

7.2 Right of correction and deletion

You have the right to have your inaccurate data corrected and your incomplete data completed, as well as to obtain, in accordance with the regulations in force, the deletion of your personal data.

7.3. Right to restrict processing

You have the right to temporarily suspend the partial or total use of your personal data.

This is the right to have processing suspended while an audit can take place in the cases provided for by the regulations (thus to check the accuracy of the data, to check whether the legitimate reasons pursued by the data controller prevail over those invoked by the person concerned in case of opposition etc.).

7.4 Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Data having as legal basis the legitimate interest of NPERF, as well as the right to oppose the processing of your personal data for commercial prospecting purposes.

7.5. Right to portability

You also have the right to the portability of your data, that is to say the right to receive the personal data that you have provided us in a structured, commonly used and machine-readable format and the right to transmit this data to another data controller.

This right only applies to data collected with your agreement or under a contract.

7.6. Guidelines in case of death

You have the right to set general or specific guidelines regarding the fate of your personal data after your death

You may change or revoke these instructions at any time.

7.7. Exercise of rights

You can exercise your rights by mail by writing to us at NPERF, 87, rue de Sèze, 69006 LYON, France or send us your request via the internet link: https://www.nperf.com/contact/.

7.8. Referral to the competent supervisory authority

If you feel that NPERF does not respect its obligations regarding the protection of your Personal Data, you can contact the competent authority. The competent authority in France is the CNIL, contactable via their website.

8. Is your personal data transmitted outside the European Union?

Some of our subcontractors are established outside the European Economic Area, and in a country not recognised by the European Commission as providing an adequate level of protection, and are likely to have access to some of your personal data. NPERF ensures that this transfer is carried out in compliance with the applicable regulations and guarantees a sufficient level of protection of your personal data (in particular, on a case-by-case basis, by the regularisation of contractual clauses based on the European Commission's model, or any other mechanism that complies with the regulations on the protection of personal data, the "Privacy Shield" in the USA).

9. Security of your personal data

NPERF undertakes to take all necessary measures, in view of the nature of the data and the risks associated with their processing, to protect the security of your personal data and, in particular, to prevent their corruption, damage, or use by unauthorised third parties.
For example, NPERF uses physical, electronic and administrative security measures.
Our safeguards include firewalls, physical access controls, and data access authorisation checks.

10. Cookies

Our Cookie Policy is outlined below.

COOKIE POLICY

When you visit the www.nperf.com website, published by NPERF ("the Website"), information about your browsing may be stored in files called "cookies" installed on your device.
This Policy will help you have a better understanding of the provisions we put in place to process browsing information when you visit the Website. It informs you about all cookies on the Website and provides you with the procedure to configure them.

1. What are Cookies?

"Cookies" are small text files of limited size that allow us, as an issuer, to recognise your terminal, computer, tablet or mobile and record each time the terminal accesses digital content containing cookies from the issuer, during the cookie's period of validity or registration.

Cookie files can only be read by their issuer.
Some cookies are essential for the use of the websites, others allow the optimisation and personalisation of the displayed content.
The cookies used on our Website are of the following types:

  • Strictly necessary cookie
  • These cookies are essential for browsing our Website (such as session IDs) that allow you to use the main features and secure your connection. They allow you for example to access reserved and personal spaces on our website, thanks to the login details or data that you may have entrusted us with previously. Without these cookies, you will not be able to use our website in a functional way.
    These cookies are so-called "session" cookies, their lifespan equals that of your session on the Website.
    Without these cookies, you will not be able to use our Website normally; therefore, we do not advise you to reject or delete them.

  • Functionality cookies
  • Functionality cookies make it possible to optimise the functioning of our Website without being essential to its [basic] functioning.
    These cookies allow you for example to manage the backup of your login information over several months to offer you more comfort during each new visit to our Website and the customisation of your interface.
    They have a lifespan of up to thirteen (13) months or until you delete them using your browser's features.

  • Analytical and performance cookies
  • These cookies establish statistics concerning the frequency and use of various elements of our Website such as the contents or pages that you have visited in order to enable us to understand the Website's use and performances and to improve its functioning and ergonomics. These analytical cookies are implemented by Google Analytics.

    GOOGLE Analytics, whose privacy policy is found via the following link (English only): https://support.google.com/analytics/answer/4597324 and their policy for using data from partners is available from: https://policies.google.com/technologies/partner-sites.

    The data collected through Google Analytics is transmitted and stored by the US company Google Inc. Google Inc. is a member of the Privacy Shield, the EU-US Data Protection Shield, and therefore provides a reasonable level of data protection.

    Rejecting or deleting cookies does not affect your browsing of the Website but is likely to prevent us from ensuring the best quality of services we want to offer our Website users.

  • Advertising cookies
  • These cookies collect information about users' browsing habits to show them advertisements more relevant to their interests.
    NPERF does not use advertising cookies.

    2. How do I manage cookies?

    You can accept or reject cookies at any time, as well as delete cookies that have already been installed on your device by configuring your browser accordingly.

    Most Internet browsers are configured to accept cookies by default. Your browser offers you the opportunity to modify these standard settings so that all cookies are rejected systematically or that only part of the cookies are accepted or rejected according to their issuer. Your browser also allows notification when new cookies may be placed on your device. Each Internet browser has its own cookie management settings. The following links will show you how to access the menu on your browser provided for this purpose:

    Chrome : https://support.google.com/chrome/answer/95647?hl=frFirefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
    Internet Explorer : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies#ie=ie-11
    Opera : https://help.opera.com/en/latest/security-and-privacy/
    Safari : https://support.apple.com/kb/PH21411?viewlocale=fr_FR&locale=fr_FR

    Please note that by setting your browser to reject all cookies, some features, including essential ones, or Website pages will not be accessible. NPERF will not accept responsibility for the consequences related to the deterioration of your browsing conditions that occur because of your choice to reject, delete or block cookies necessary for the functioning of the Website.
    For more information on tools to manage cookies, you can consult the CNIL website: https://www.cnil.fr/fr/cookies-les-tils-pour-les-maitriser.