1. Our Commitment to Privacy
For California residents, additional disclosures required by California law may be found in our California Privacy Notice.
BMC adheres to its Controller and Processor Binding Corporate Rules Policy (“BCR Policy”) approved by European data protection authorities with respect to compliance with European data protection laws and specifically to transfers of Personal Information of employees, customers, resellers, suppliers, service providers and other third parties wherever it is collected and used in conjunction with BMC business activities and the administration of employment between members of the BMC Group or to external service providers. Information about BMC's BCR Policy can be found in the section set out below: "BCR Framework".
- the delivery of BMC products or services You subscribed to,
- the delivery of operation and business systems support, or
- the provision of customer support activities.
2. BCR Framework
BMC has established the BCR Policy when acting as a Data Controller and/or a Data Processor which have been reviewed and approved by European data protection authorities. The BCR Policy is incorporated into a BMC corporate wide policy, requiring all BMC entities, employees and third-party providers to comply with and respect the BCR Policy governing the collection, use, access, storage and transfer of Personal Information among BMC entities and third parties. To learn more about the BCR framework and to view BMC's BCR Certification, please visit the European Commission’s website.
3. The Personal Information We Collect
We may collect the following types of information through communications, or when You browse this Site, any other BMC website, or any site of a BMC affiliate (“BMC Website”), as part of BMC’s legitimate interests as it is described below:
3.1 Personal Information You provide directly when You register on a BMC Website, 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 BMC, including:
- Your name, contact information such as Your address, contact telephone numbers (landline and mobile) and personal email address,
- user account information, such as Your ID and credentials, and
- ordering information, and payment data.
3.2 Personal Information You provide directly, including information You submit through a BMC Website as part of the online job application process, including:
- education and skills information, such as employment and education history including qualifications, job application, employment references, and
- contact information, such as Your ID and credentials.
3.3 Personal Information You provide directly registering for a BMC-sponsored training, event when You choose to scan your attendee badge, provide a business card or using other methods, user group, or conference, creating an online account with BMC, or requesting customer support, education services or information about BMC products, including:
- contact information, such as Your address, contact telephone numbers (landline and mobile) and personal email address, and
- employment information, such as Your job title, roles and company.
3.4 Passively collected information, including through the use of "cookies" as 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 any BMC Website; click-through information related to BMC emails and related marketing activities; and aggregate, non-Personal Information, such as the number of hits per week or per web page.
5. 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 this Site, www.bmc.com, and other BMC websites. Web beacon tracking by BMC does not identify the name or email address of the web user or mail recipient.
6. The Way We Use Personal Information
BMC uses Personal Information You have provided directly or information we collect indirectly online about You in the following ways, as part of BMC’s legitimate interests:
6.1 For Personal Information You provide directly relating to products, ordering products, requests for support or services, or downloading products, we use the information to:
- engage in and process transactions with You,
- use BMC customers relationship management systems,
- manage customers clickwrap acceptance of BMC’s license agreements,
- review bid processes,
- respond to Your inquiries and requests,
- provide information on BMC products and services, on BMC's partners offering and BMC's services and products,
- manage export compliance,
- send you satisfaction survey, or
- process orders for billing, booking, accounting and invoicing purposes.
Some 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 countries that are members of the European Union and all other jurisdictions with similar laws, we will only share Your Personal Information if You have agreed to allow us to share Your information with third parties.
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 on others’ sites may be provided to third parties working on BMC’s behalf, such as BMC partners, resellers, distributors. Therefore, we recommend that You familiarize yourself with their online privacy policies so you understand how BMC partners will use, collect, and handle your information.
6.2 For Personal Information You provide online, including cookies, actions, or clicks from hyperlinks and subscriptions, we may use such information to customize future communications and BMC web pages in accordance with communication preferences You have established with BMC.
6.3 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. BMC may use Analytic Cookies as described in our Cookie Notice accordingly to collect Your Personal Information about web pages visited, page hits per week, and the like, and BMC will use this information internally to improve the design of our web pages.
6.4 For Personal Information relating to job application processes, we may use and disseminate this information internally and among our affiliates as necessary to:
- consider Your application,
- contact You regarding our decision or about other career opportunities at BMC, or
- if applicable, proceed with the e-signing of offer letters or other new-hire documentation.
6.5 For Personal Information relating to BMC former employees, Personal Data may be processed to:
- answer, when legally required, third parties’ lawful requests for verification of certain employment details (e.g. for mortgage applications, visa/travel, new job), or
- fulfil exit forms.
6.6 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.
Personal Data Processing activities are included in in BMC’s record of Personal Data processing activities.
7. When We Share Your Personal Information
- billing, booking, accounting, invoicing, and payment processing,
- satisfaction survey management,
- agreements management and signing process, and
- job application and career opportunities management.
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.
8. Data Security, Integrity and Access
BMC is committed to protecting Your privacy. BMC processes Your Personal Information only in ways compatible with the purpose for which it was collected and in accordance with the BCR Policy. 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. BMC provides data subjects with the opportunity to access, review and correct their own Personal Information, and otherwise provides such individual access to Personal Information in accordance with the BCR Policy. However, BMC expects that You will update your Personal Information with BMC as necessary as described in the section below “How You Can Access or Correct Your Personal Information”.
BMC takes reasonable and appropriate measures to maintain the confidentiality and integrity, prevent the unauthorized use or disclosure, of Personal Information and to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. This includes maintaining a system of appropriate administrative, physical and technical safeguards to secure such information.
9. 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 available on such 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.
10. How You Can Access or Correct Your Personal Information
If You have created an online profile with BMC, You can update Your profile by logging on and following the prompts. 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 erasure, restrict or object to the processing of Your Personal information.
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 a BMC 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 email@example.com.
We keep information for as long as is necessary for the purposes for which it is collected and further processed, in accordance with the BMC's record retention policies and procedures. Retention periods are documented in BMC’s record of Personal Data processing activities.
11. Revisions and Contact Information
12. Cooperation Procedure 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 BCR Policy, in accordance with the Cooperation Procedure set forth in the BCR Policy. Additionally, you have the right to lodge a complaint with a data protection authority.
13. Questions, Complaints and Inquiries
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