BMC Privacy Policy

1. 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 ("Privacy Policy") describes how BMC and its affiliates collect, use and disclose personally identifiable information or personal data ("Personal Information") that we may obtain about you ("You") through the Site. When You provide Personal Information to us via our Site, we protect it according to this Privacy Policy. By using any BMC Site, You acknowledge that You have reviewed, understood and agree to, the terms of this Privacy Policy. If You do not agree to this Privacy Policy, do not use this Site.

For California residents, additional disclosures required by California law may be found in our California Privacy Notice.

BMC adheres to its EU and UK Controller and Processor Binding Corporate Rules Policies (“BCR Policies”) approved by European and United Kingdom data protection authorities with respect to compliance with European and United Kingdom 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 Policies can be found in the section set out below: "BCR Framework".

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. This Privacy Policy does not apply where BMC processes Personal Data as a processor on behalf of its customers, which may include:

• 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 Policies when acting as a Data Controller and/or a Data Processor which have been reviewed and approved by European and United Kingdom data protection authorities. The BCR Policies are incorporated into a BMC corporate wide policy, requiring all BMC entities, employees and third-party providers to comply with and respect the BCR Policies governing the collection, use, access, storage and transfer of Personal Information among BMC entities and third parties.

BMC received approval from European data protection authorities for its EU Binding Corporate Rules in 2015 and from the Information Commissioner's Office for its UK Binding Corporate Rules in 2024.

To learn more about the BCR framework and to view BMC's BCR Certifications, please visit the European Commission’s website or the UK Information Commissioner Office’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.

4. Cookies

BMC Software uses cookies to distinguish you from other users of a BMC Website. This helps us to provide you with a good experience when you browse our websites and also allows us to improve our sites. For detailed information on the type of cookies we use and the purposes for which we use them and how you can control them, read our Cookie Notice. If you do not accept the use of cookies, please disable them following the instructions in the Cookie Notice, by using the Cookie Consent Tool provided by BMC on this Website, or by changing your browser settings so that cookies cannot be placed on your computer or mobile device.

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.

Before we use Your Personal Information for marketing purposes, 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 also have the opportunity to unsubscribe from such marketing materials by updating Your subscription preferences here and you can always unsubscribe by sending an email to [email protected] and requesting the removal of Your name from BMC marketing lists.

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

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 and contingent workers (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 BMC to provide the services described in this Privacy Policy; (d) event sponsors, (e) law enforcement or other regulatory authorities and (f) other entities authorized to have access to such information under applicable law or regulation. Third parties processing Personal Data on behalf of BMC are included in in BMC’s record of Personal Data processing activities. Such third parties may provide in particular the following services:

• billing, booking, accounting, invoicing, and payment processing,
• satisfaction survey management,
• agreements management and signing process, and
• job application and career opportunities management.

BMC may only disclose Personal Information in accordance with the BCR Policies, as necessary in connection with the sale or transfer of all or part of its business, to protect our rights or property, or to enforce our terms of use and legal notices. BMC may disclose Your Personal Information 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) only in accordance with our BCR Policies.

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 Policies. 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 Policies. 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 access to Your Personal information that we collect online and maintain, and update or correct that information, through e-mailing [email protected] 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.

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 protected].

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

We periodically update the features of BMC Websites. 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 Personal information at this Site, to see if the Privacy Policy has changed. If You have any questions, please contact us by sending an e-mail message to [email protected] with the subject line heading of "Privacy Policy Request."

12. Cooperation Procedure with Data Protection Authorities and Dispute Resolution

BMC agrees to cooperate and comply with EU, Switzerland and UK data protection authorities in the investigation and resolution of complaints brought under the BCR Policies, in accordance with the Cooperation Procedure set forth in the BCR Policies. Additionally, you have the right to lodge a complaint with a data protection authority. 

13. Questions, Complaints and Inquiries

Questions or complaints regarding this Privacy Policy, BMC’s BCR Policies or requests for access to Personal Information should be directed to the BMC Global Privacy Office, [email protected]

Translated Privacy Policy

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BMC Privacy Policy Rev. 2024-04-23