BMC Privacy PolicyOur Commitment to PrivacyYour privacy is important to us. This website, www.bmc.com (the “Site”), is owned and operated by BMC Software, Inc. (“BMC”). This Privacy Policy describes how we collect, use and disclose information that we may obtain about you through the Site. When you provide information to us via our Site, we protect it according to this Privacy Policy. By using this Site, you acknowledge that you have reviewed, and agree to, the terms of this Privacy Policy. If you do not agree to this Privacy Policy, do not use this Site. BMC adheres to the Safe Harbor Privacy Principles published by the U.S. Department of Commerce (“Safe Harbor”) with respect to certain personally identifiable information that it receives in the United States about European Union (“EU”) and Swiss residents. Information about BMC’s participation in Safe Harbor can be found in the section set out below entitled “Safe Harbor Participation.” BMC operates in the business-to-business (B2B) software industry. Unlike many companies and websites, we do not focus on consumer users or the collection of consumer data. To the extent we collect information online, our purpose is to better serve our business customers. The Information We CollectWe may collect the following types of information when you browse this Site, any other BMC website, or any affiliate site:
Cookies“Cookies” are small text files that store information about your interactions with a particular website, either temporarily (known as a “temporary” or “session” cookie, and deleted once you close your browser window) or more permanently on the hard drive of your computer (known as a “permanent” or “persistent cookie”). Cookies can make it easier to use a website by allowing servers to access certain information quickly:
This Site may use both session/temporary cookies and persistent/permanent cookies to store information that allows us to offer you better customer service and to navigate through the Site with ease. To make the Site easier to use, we combine information collected via cookies with personally identifiable information. In most instances, you can configure your browser to reject cookies or to be notified of cookies you receive and choose to accept or not. Note that if you configure your browser to reject cookies, you might not be able to access important functions or areas of the Site or enjoy certain conveniences at this Site. Web BeaconsBMC may use "web beacon" technology to gather metrics from anonymous web users and email recipients for the purpose of operating and improving BMC websites and email communications. A web beacon is an electronic image that is imbedded in a web page or email which allows BMC to track web page views/hits or the opening of an email containing a beacon. BMC may use web beacon in conjunction with cookies to track web site activity on www.bmc.com and associated websites. Web beacon tracking by BMC does not identify the name or email address of the web user or mail recipient. The Way We Use InformationBMC uses information collected online in the following ways:
Web Monitoring Opt-OutBMC allows visitors to this website (www.bmc.com) and associated BMC sites the ability to maintain anonymity by choosing to “opt-out” of BMC monitoring / tracking functions relating to web pages viewed and other click-through activity by the web user. By choosing to “opt-out”, the web user’s name and other identification, such as email address, will not be associated with the web user. The web user’s activity, as an anonymous user, may be included in website metrics maintained by BMC. To view your present “opt-in/opt-out” status relating to BMC web monitoring, click here. When We Share Your InformationBMC shares information for business purposes only on a need-to-know basis and only with: (a) its own employees, contingent workers, and affiliates; (b) the customer from which BMC received the information; (c) BMC subcontractors, consultants, and third-party service-provider companies, that have agreed to safeguard such information in a like manner to the way that BMC safeguards such information and that have agreed to confidentiality terms with BMC; and (d) other entities authorized to have access to such information under applicable law or regulation. BMC does not share non-public personally identifiable information with third party marketers. BMC may disclose information to protect our rights or property, to enforce our terms of use and legal notices, as required or permitted by law, or at the request of government regulators or other law enforcement officials and the courts (including the issuance of a valid subpoena). We shall have no duty to notify you of such compliance with the law. BMC will not use or share information in ways unrelated to those described above without first notifying you and offering you a choice as to whether or not we may use your data in this different manner. Our Commitment to Data Integrity and SecurityBMC processes information only in ways compatible with the purpose for which it was collected. To the extent necessary for such purposes, we take reasonable steps to make sure that the information is accurate, complete, current and otherwise reliable with regard to its intended use. However, BMC expects individual data subjects will update their personal information with BMC as necessary. BMC takes reasonable and appropriate measures to maintain the confidentiality and integrity, and prevent the unauthorized use or disclosure, of information. This includes maintaining a system of appropriate administrative, physical and technical safeguards to secure such information. Links to Unaffiliated Third Party WebsitesThis Site may contain links to unaffiliated third party websites. If you link to or otherwise visit any other websites managed by third parties, please review the privacy policies posted at those sites. BMC has no control over those websites and is not responsible or liable for the policies and practices followed by third parties. How You Can Access or Correct Your InformationIf you have created an online profile with BMC at https://webapps.bmc.com/signon/content/logon.jsp you can update your profile by logging on and following the prompts to update your Personal Information. Other online registration profiles you may have established at BMC relating to sales, marketing, customer support, training, and event registrations can be updated by following the instructions provided within each profile/account. You can also request access to your personally identifiable information that we collect online and maintain, and update or correct that information, through e-mailing privacy@bmc.com with the subject line heading of "Privacy Policy Request." To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections. We may keep information in an off-line form, for archival purposes or as otherwise required by law. Please note that if your information is removed from our databases, you may no longer be able to access certain areas of our website requiring registration or a subscription. Users may request to be removed from a BMC e-mail list, by following the "unsubscribe" instructions on e-mails from BMC or by sending a request to privacy@bmc.com. Revisions and Contact InformationWe periodically update the features of our Site to better serve you and all our customers. We reserve the right to change this Privacy Policy without advance notice and any modifications are effective when they are posted here. The date of the newest version will be posted below. Please check back frequently, especially before you submit any personally identifiable information at this Site, to see if the Privacy Policy has changed. By using our website, you indicate your understanding and acceptance of the terms of the Privacy Policy posted at the time of your use. If you have any questions, please contact us by sending an e-mail message to privacy@bmc.com with the subject line heading of "Privacy Policy Request." Safe Harbor ParticipationBMC complies with the U.S.-EU Safe Harbor Framework and the U.S.- Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland, collectively referred to in this policy as “EU/Swiss Personal Information”. BMC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view BMC’s certification, please visit http://www.export.gov/safeharbor. BMC employees in the EU and Switzerland are provided with information regarding BMC’s employee data privacy practices and Safe Harbor via a separate policy. Collection, Use, and Disclosure of EU/Swiss Personal Information BMC collects, uses, and discloses EU/Swiss Personal Information in the ordinary course of its business. In particular, BMC may obtain in the U.S. the following types of EU/Swiss Personal Information about individual contacts for customers, customer prospects, partners, suppliers, vendors, participants in BMC sponsored events, conferences and training, and online job applicants (“EU/Swiss Data Subjects”), including: name; contact information (phone, fax and pager numbers, address, and email address); title; company name; sales, product and services purchase information; payment data; usernames and passwords; product skills; certifications; resume and application data; and other data necessary to register for BMC sponsored training, conferences and events. BMC may use such EU/Swiss Personal Information for the following purposes:communicating with customers, prospects, partners, and others; fulfillment and tracking of orders; providing services and support; tracking of payments and otherwise ensuring payment; assessing performance and making assessments about future purchases; performing direct marketing activities and otherwise communicating information regarding BMC products or services (where permitted by law); providing registration for and participation in BMC sponsored training, events and conferences; and for facilitating the online employment application process. BMC may disclose EU/Swiss Personal Information to its affiliates, subsidiaries, business partners, and service providers for the purposes listed above. In situations where BMC discloses EU/Swiss Personal Information to any third parties acting as service providers or “agents” on behalf of BMC, BMC will require the recipient to protect the disclosed EU/Swiss Personal Information in accordance with the relevant Safe Harbor Principles, or otherwise take steps to ensure that EU/Swiss Personal Information is appropriately protected. With respect to any sharing of EU/Swiss Personal Information for purposes of marketing BMC products and services, BMC obtains promises from its affiliates, subsidiaries and business partners that such entities will use and disclose such EU/Swiss Personal Information for purposes of marketing BMC products and services only. In certain situations, EU/Swiss Data Subjects and others may seek to opt-out of disclosures of their Personal Information by following the opt-out instructions contained on marketing emails or by contacting BMC at Privacy@bmc.com. Data Processor Activities In certain situations, BMC may obtain incidental access to information about its customers’ employees and other end users in the EU and Switzerland in connection with supporting its products or services (“EU/Swiss Processor Information”). These customers act as the data controller for any EU/Swiss Processor Information collected in the EU or Switzerland and subsequently transferred to BMC in the United States. BMC acts as a data processor on behalf of its customers with respect to such EU Processor Information and accordingly carries out their instructions with regard to the collection, processing, and protection of EU Processor Information. Data Security, Integrity and Access BMC takes reasonable precautions to protect EU/Swiss Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. BMC makes reasonable efforts to keep EU/Swiss Personal Information reliable for its intended use, accurate, current and complete. BMC also provides EU/Swiss Data Subjects with the opportunity to access, review and correct their own EU/Swiss Personal Information, and otherwise provides such individuals access to EU/Swiss Personal Information in accordance with Safe Harbor. Individuals may contact the BMC Safe Harbor Privacy Contact identified below to review EU/Swiss Personal Information about them. However, such individuals may first wish to contact their own company with questions regarding EU/Swiss Personal Information shared with BMC, as that might be the most efficient means of addressing such issues. BMC reserves the right to take reasonable steps to authenticate the identity of any such individual seeking access to Personal Information. Other Disclosures BMC may disclose EU/Swiss Personal Information as necessary in connection with the sale or transfer of all or part of its business, where required or permitted by law, where BMC believes that such disclosures are appropriate in connection with a law enforcement request or otherwise permitted by Safe Harbor, or in order to investigate, prevent or take action regarding illegal activities or suspected fraud, or to enforce or apply BMC agreements. Cooperation with Data protection Authorities and Dispute Resolution BMC agrees to cooperate and comply with EU and Switzerland data protection authorities in the investigation and resolution of complaints brought under the Safe Harbor framework. BMC has chosen to use the EU Data Protection Authorities and Swiss Federal Data Protection and Information Commissioner to serve as independent recourse mechanisms for dispute resolution. Questions Questions regarding this Safe Harbor section of this Privacy Policy or requests for access to EU/Swiss Personal Information should be directed to the Safe Harbor Privacy Contact listed in this section. Additional information may be obtained on the US Department of Commerce website at http://www.export.gov/safeharbor. In addition, if any individual located in the EU or Switzerland experiences an issue regarding their Personal Information that BMC holds about him or her, the individual may contact the local data protection authority for further information. Safe Harbor Privacy Contact:Jim Klein
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