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Data Privacy Binding Corporate Rules (BCR)

Safeguarding the privacy and security of personal information is a top priority for BMC Software in our data driven-economy. BMC, a global leader in innovative software solutions, has become the world's first enterprise IT management provider to secure EU accreditation for its Data Privacy Binding Corporate Rules (BCRs) as both a Controller and Processor of personal data. BCRs are considered to be the platinum standard for compliance in data privacy and personal data protection worldwide.

The BCR certification has been approved by the European Data Protection agencies. The approval covers both BMC's handling of personal data (Controller) as well as the personal data it handles on behalf of its customers (Processor).

The BMC’s BCR Policy is incorporated into a corporate wide policy, requiring all BMC entities, employees and third party providers to comply with and respect the BCR Policy which is governing the collection, use, access, storage and transfer of personal data among BMC entities and third-party sub-processors worldwide.

The BCR Policy applies to all personal data of past, current and potential 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.

BMC will apply the BCR Policy universally in all cases where BMC processes personal data, whether the personal data relates to European individuals or not.

How does the BCR Policy apply to BMC and what are the benefits for our Customers?
European data protection law, in particular the General Data Protection Regulation (“GDPR”), prohibits the transfer of EU personal data to countries outside Europe (defined as the EEA (namely the EU Member States plus Norway, Iceland and Liechtenstein), and Switzerland), that do not ensure an adequate level of data protection. Some of the countries in which BMC operates are not regarded by European data protection authorities as providing an adequate level of data protection. Having the BCR in place allows BMC to transfer personal data in accordance with European data protection laws in any country in the world.

Being an alternative to the EU Model Clauses, the BCR allows our Customers to contractually rely on our Processor BCR Policy to transfer their personal data to BMC in a safe manner and in accordance with European data protection laws, in any locations where BMC does business. The BCR requirements are indeed contractually flowed down to our subcontractors, so that Customer’s personal data are covered throughout the chain of subcontractors.

How does the BCR Policy apply to BMC Group of entities?
The BCR Policy describes the standards that BMC group members ("Group Members") must apply when they transfer personal data internationally, whether to other Group Members or to external service providers, and whether Group Members are transferring personal information for their own purposes or when providing services to a third party controller. The content of the BCR Policy is available below (“BCR Policy”) in several languages.

All Group Members have signed the BCR Intra-Group Agreement (“IGA”) and are therefore bound to comply with the BCR Policy. The list of Group Members is available below (“List of BMC Entities part of the BCR Intra-group Agreement”). In addition, a copy of the IGA can be provided upon written request to BMC’s Global Privacy Officer.

Further Information
If you have any questions regarding the provisions of the BCR Policy, your rights under the BCR Policy or any other data protection issues, you can contact BMC’s Global Privacy Officer at the address below who will either deal with the matter or forward it to the appropriate person or department within BMC. To learn more about the BCR framework, and to view BMC's BCR Certification, please visit the European Commission website.

Global Privacy Office
Phone: +33 (0)1.57.00.63.81
Email: privacy@bmc.com
Address: BMC Software France, Cœur Défense - Tour A, 10ème étage, 100
Esplanade du Général de Gaulle, 92931 Paris La Défense Cedex

 

List of BMC Entities Part of the BCR Intra-group Agreement

  • EEA Entities
    Jurisdiction Name
    Austria
    BMC Software GmbH
    Belgium
    BMC Software Belgium N.V./S.A.
    Denmark
    BMC Software A/S
    Finland
    BMC Software OY
    France
    BMC Software France SAS
    Germany
    BMC Software GmbH
    Greece
    BMC Software Hellas MEPE
    Ireland
    BMC Software Ireland Limited
    Italy
    BMC Software S.r.l
    Norway
    BMC Software AS
    Poland
    BMC Software Sales (Poland) Sp.z.o.o.
    Portugal
    BMC Software Portugal Soc. Unipessoal Lda
    Spain
    BMC Software S.A.
    Sweden
    BMC Software AB
    Switzerland
    BMC Software GmbH
    The Netherlands
    BMC Software Distribution B.V.
  • Non EEA Entities
    Jurisdiction Name
    Argentina
    BMC Software de Argentina S.A.
    Australia
    BMC Software (Australia) Pty. Ltd.
    Brazil
    BMC Software do Brasil Ltda.
    Canada
    BMC Software Canada Inc.
    China
    BMC Software (China) Limited
    China (Shanghai)
    Branch Office of BMC Software (China) Limited
    Chile
    BMC Software Chile, Spa.
    Colombia
    BMC Software Colombia SAS
    Dubai
    BMC Software Limited - Dubai Branch
    Hong Kong
    BMC Software (Hong Kong) Limited
    India
    BMC Software India Private Limited
    Israel
    BMC Software Israel LTD
    Japan
    BMC Software K.K. (Japan)
    Korea
    BMC Software Korea, Ltd.
    Malaysia
    BMC Software Asia Sdn Bhd
    Mexico
    BMC Software de Mexico, S.A. de C.V.
    Mexico
    BMC Software Distribution de Mexico, S.A. de C.V.
    New Zealand
    BMC Software (New Zealand) Ltd.
    Saudi Arabia
    The Branch of BMC Software Limited
    South Africa
    BMC Software Limited (Incorporated in England) - Branch entity
    Singapore
    BMC Software Asia Pacific Pte. Ltd.
    Taiwan
    Representative Office of BMC Software (Hong Kong) Limited
    Thailand
    BMC Software (Thailand) Limited
    Turkey
    BMC Software Yazilim Hizmetleri Limited Sirketi
    United States
    BMC Software Federal, LLC
    United States
    BMC Software, Inc.
    United Kingdom
    BMC Software Limited