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BMC Privacy Policy Our Commitment to Privacy Your 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 EU 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”) 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 Collect We 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. 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. The Way We Use Information BMC uses information collected online in the following ways:
When We Share Customer Information BMC shares information for business purposes only on a need-to-know basis and only with: (a) its own employees 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 signed confidentiality agreements with BMC; and (d) other entities authorized to have access to such information under applicable law or regulation. BMC does not share non-public individually 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. We 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 Security BMC 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 customer information is accurate, complete, current and otherwise reliable with regard to its intended use. However, BMC expects customers 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 Websites This 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 Information If 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 Information We 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 Participation We recognize that the EU has an “omnibus” data protection regime established pursuant to the European Data Protection Directive (95/46/EC) (the “Directive”). The Directive generally restricts the transfer of personally identifiable information about individuals in the EU to the United States, unless there is “adequate protection” for such information when it is received in the United States. To address this restriction, we adhere to Safe Harbor with respect to personally identifiable information about individual contacts for our customers, partners, suppliers and vendors in the EU (“EU Personal Information”) for the purposes described below, as well as for our employees and job applicants in the EU. Employees in the EU are provided with information regarding BMC’s employee data privacy practices and Safe Harbor via a separate policy. Collection, Use, and Disclosure of EU Personal Information We may use such EU Personal Information for the following purposes: 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 Personal Information to its affiliates, subsidiaries, business partners, and service providers for the purposes listed above. In situations where BMC discloses EU 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 Personal Information in accordance with the relevant Safe Harbor Principles, or otherwise take steps to ensure that EU Personal Information is appropriately protected. With respect to any sharing of EU 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 Personal Information for purposes of marketing BMC products and services only. In certain situations, EU Data Subjects may seek to opt-out of disclosures of their EU Personal Information by following the opt-out instructions contained on marketing emails or by contacting BMC at Privacy@bmc.com. Data Processor Activities Data Security, Integrity and Access Other Disclosures Questions Safe Harbor Privacy Contact: Jim Klein Phone: +1 (713) 918-1421 Privacy@bmc.com Revised 04/01/08 |
