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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 BMC Privacy Policy ("BMC Privacy Policy" or "Privacy Policy") describes how we collect, use and disclose information that we may obtain about you ("You") ("Personal Information") through the Site. When You provide Personal 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 Personal Information We Collect

We may collect the following types of information when You browse this Site, any other BMC website, or any affiliate site:

Personal Information You provide directly when You register or make an online order, join an online community or other group, inquire about BMC products, or request BMC support or services at any BMC interactive message board, or via any e-mail messages You send us, including personally identifiable information such as Your name, contact information (phone, fax and pager numbers, address, and email address), ordering information, and payment data.

Personal Information You provide directly, including personally identifiable information You submit through this Site as part of the online job application process or in the process of registering for a BMC sponsored training, event, user group, or conference.

Passively collected information, including through the use of "cookies" described below, such as IP addresses, web browser and operating system information, date and time of visits, and the web pages Your Internet browser visits when browsing this Site, any other BMC website or any affiliate site; Click-through information related to BMC emails and related marketing activities; and  Aggregate, non-personally identifiable information, such as the number of hits per week or per web page.

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:

Session cookies can be used to help a user's browser navigate a website more smoothly and may show up if the user comes from a website with which the subsequent website has some relationship (e.g., a website of an affiliated company) and can give helpful information.

Persistent cookies can be used to customize a website for a user, such as by storing passwords, preferences, and registration and account information so that users do not have to reenter this information each time they visit a website.

This Site may use both session/temporary cookies and persistent/permanent cookies for many reasons, including to store information that allows us to offer You better customer service and to navigate through the Site with ease. We may combine information collected via cookies with Your 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. We are using our and third-party session cookies for tracking, including, but not limited to, tracking Your visits and web behavior on the Site, personalization of the Site, for internal reporting purposes, and improving and making it easier for You to use the Site. Moreover, in the U.S., we are using our and third-party session cookies for targeted advertising purposes. In this regard, we (and third party service providers that we may engage) may combine non-personal information collected automatically (e.g., through cookies and web beacons) with Your previously submitted personal information and enhance or merge Your personal information with data obtained from third parties for the same purposes. We use this information about You to improve and target our marketing and promotional efforts; to statistically analyze site usage; to improve our content and product offerings; and to customize our sites’ content, layout and services. We may also use such information to deliver content to You that, in some cases, is targeted to Your interests, such as banners and messages concerning new products, services, promotions and events. We may take the foregoing actions in other countries as well, to the extent permitted by applicable law.

At this time, the Site and other BMC web sites do not recognize automated browser signals regarding tracking mechanisms, such as "do not track" instructions, however, You can generally express Your privacy preferences regarding the use of most cookies and similar technologies though Your web browser.

Web Beacons

BMC 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 Personal Information

BMC uses Personal Information You have provided directly or information we collect indirectly online about You for marketing purposes in the following ways:

For Personal Information You provide directly online, or through email messages, relating to inquiries about products, ordering products, requests for support or services, or downloading products, we use the information to engage in and process transactions with You, to respond to Your inquiries and requests, to provide information on BMC products and services, to provide information on BMC's partners offering BMC's services and products and to provide customer support activities.  Before we use Your Personal Information, we will give You the opportunity to choose whether or not You allow BMC to use Your Personal Information in such ways described in this Privacy Policy.  You may at any time choose to stop receiving BMC's emails relating to our marketing materials by following the unsubscribing instructions contained in the emails we send to Your attention. You can also unsubscribe by sending an email to privacy@bmc.com and requesting the removal of Your name from BMC marketing lists.

Some of BMC products and services may be advertised by third parties. In the U.S. and other jurisdictions with similar laws, we will only share Your Personal Information if You have not expressed Your preference by opting out of having Your information shared. In all other jurisdictions, we will only share Your Personal Information if You have agreed to allow us to share Your information with third parties. You have the opportunity to choose to not receive such marketing materials from third parties by updating Your subscription preferences here,

BMC informs You that when You agree for Your information to be shared and used by third parties, then these third parties are responsible for handling Your information. Personal Information You provide online may be provided to third parties working on BMC’s behalf, such as BMC partners, data processors, and advertisers. Therefore, we recommend that You familiarize yourself with their privacy policies available online so you understand how BMC partners will use, collect and handle your information.

For Personal Information You provide online, including actions or clicks from hyperlinks and subscriptions, we may use the information to customize future communications and web pages in accordance with communication preferences You have established with BMC.

For some registration, email and data You provide, we may direct You to particular web pages, customize the web pages You see, or otherwise increase the relevance of the information You receive.
For Personal Information about web pages visited, page hits per week, and the like, we use this information internally to improve the design of our web pages.

For Personal Information submitted using the online job application process, we may use and disseminate this information internally and among our affiliates as necessary to consider Your application and to contact You regarding our decision.

For Personal Information submitted online for scheduling training or registering to attend a BMC sponsored conference or event, we may use and disseminate this information internally and among our affiliates to communicate with You and to facilitate Your registration and participation.

When We Share Your Personal Information

As a global company, BMC shares information for business and marketing purposes only on a need-to-know basis and only with: (a) its own employees, contingent workers, and worldwide offices (http://www.bmc.com/contacts-locations/worldwide/?intcmp=header_worldwide) (b) the customer from which BMC received the information; (c) BMC distributors, resellers, third parties software vendors, 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 or that have entered into arrangements with us to provide the services described in this privacy policy; and (d) other entities authorized to have access to such information under applicable law or regulation.

BMC may disclose Your Personal 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 local law.

BMC will not use or share Your Personal 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  Personal Information in a different manner.

BMC does not share non-public personally identifiable information with third party marketers.

Our Commitment to Data Integrity and Security

BMC is committed to protecting Your privacy. BMC processes Your Personal 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 that You 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, BMC encourages You to review the privacy policies that may be available on these websites. You understand that BMC has no control over those websites and is not responsible or liable for the policies and practices followed by such third parties.

How You Can Access or Correct Your Personal 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

BMC 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 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 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.

BMC Privacy Contacts:

Global Privacy Officer: Safe Harbor Contact:
Anne-Claire Dubois Jim Klein
Global Privacy Officer Global Security Services Director
BMC Software
E2  Eskdale Road
Winnersh Wokingham
Berkshire RG41 5TS
UK
BMC Software, Inc.
2101 CityWest Blvd.
Houston, TX 77042
USA
Phone:  +44 (0) 178 447 8487 Phone: +1 (713) 918-1421
Email: AnneClaire_Dubois@bmc.com
  privacy@bmc.com
Email: Jim_Klein@bmc.com
  privacy@bmc.com

Privacy Policy Rev. 2014-02-13