Privacy Policy: Effective August 1, 2021

The BMC Group VDR LLC, a Delaware Limited Liability Company, d/b/a BMC Group
SmartExchange (“BMC Group SmartExchange”, “we”) licenses and operates BMC Group SmartExchange.
BMC Group SmartExchange is committed to protecting the privacy online on its BMC Group SmartExchangeTM Internet sites including www.bmcgroup.com, and www.smartroom.com, of persons who arrange for BMC Group SmartExchange to provide them with an e‐business platform (“SmartExchange Managers”), and the users of such e‐business platforms (“Users”). Our objective is to provide a safe and trusted platform for e‐business. We have prepared this Privacy and Security Policy to help you understand how BMC Group SmartExchange will collect, use and disseminate information. This Privacy and Security Policy may change periodically, so please check back from time to time. Any questions or comments about this Privacy and Security Policy should be directed to BMC Group Customer Support at [email protected].

BMC Group SmartExchange is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland

BMC Group SmartExchange is compliant with the European Union’s General Data Protection Regulation (GDPR) and has extended those protections to all our customers.

BMC Group SmartExchange is responsible for the processing of personal data it receives and subsequently transfers to a third party acting as an agent on its behalf. BMC Group SmartExchange complies with individualized standard contractual clauses for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

In certain situations, BMC Group SmartExchange may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at [email protected]

PRIVACY FOR BMC Group SmartExchange^TM PLATFORM USERS

BMC Group SmartExchange collects information under the direction of its Clients and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.

BMC Group SmartExchange acknowledges that you have the right to access your personal information. BMC Group SmartExchange has no direct relationship with the individuals whose personal data it processes on behalf of its Clients. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the BMC Group SmartExchange’s Client (the data controller). If requested to remove data we will respond within a reasonable time frame.

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client.

BMC Group SmartExchange will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

This policy describes and explains:

The types of non‐public information collected and how BMC Group SmartExchange will use such information;

• The parties with whom such information may be shared
• The security measures in place to safeguard non-public information
• Acceptance of the terms
• Contacting us
• Collected Information

Non-public Information

BMC Group SmartExchange collects non‐public information in different ways, including, without limitation, when a SmartExchange Manager or User registers on the BMC Group SmartExchange site, completes online surveys, performs an act on an e‐business platform, or notifies BMC Group SmartExchange of any problems or complaints. The information that BMC Group SmartExchange collects may include, without limitation, contact information (name, email address, zip code), unique identifiers and financial information.

Generally, BMC Group SmartExchange will use non‐public information as follows:

• We will use contact information to deliver information to SmartExchange Managers regarding deal status and information related to the uses of the SmartExchange Manager’s deal areas by Users.
• We will use unique identifiers to verify SmartExchange Manager and User identity, for use in our database, and in connection with confirmations of transactions through BMC Group SmartExchange.
• We will use contact information to route messages.
• We may use pro le data to tailor the SmartExchange Manager and User experience at our site. This data will allow us to deliver services that we think may be useful to SmartExchange Managers and Users.
• We may perform statistical analyses of behaviors and characteristics of our SmartExchange Managers and Users to measure interest in and use of the various areas of the BMC Group SmartExchange site. We may share this statistical information with our content providers.
• BMC Group SmartExchange reserves the right to contact SmartExchange Managers and Users regarding access status, changes to any site access or license agreements and any other matters relevant to the services offered to SmartExchange Manager and Users and/or the information collected from SmartExchange Managers and Users.
• Any non‐public information that SmartExchange Managers or Users disclose to us will be used by BMC Group SmartExchange in accordance with this Privacy and Security Policy, as amended from time to time.

Information from a User’s or SmartExchange Manager’s computer.

In addition to the collection of information described above, the BMC Group SmartExchange site recognizes certain information about a visitor’s computer, such as the browser, operating system, Internet protocol (“IP”) address and home server from which the visitor accesses the Internet. We may keep track of the domains from which people visit our site. [IP addresses may be used to help identify Users and SmartExchange Managers,] gather broad demographic data, identify trends and statistics, help diagnose problems with our server and administer the BMC Group SmartExchange site. We may use IP address information when compiling and reporting aggregate information to companies doing business with us. We may link IP addresses to any non‐public individually identifiable information when we feel it is necessary to enforce compliance with our terms of service or to protect our service, site, SmartExchange Managers, Users, visitors or others, we will use IP addresses to identify a visitor.

Cookies and other tracking technologies

The BMC Group SmartExchange site may use “cookies” to provide us certain information. Cookies are pieces of data sent from a Web site to a browser and then stored on a hard drive. Cookies can be used to track and save preferences, and we may use this information to tailor the User experience and provide Users and SmartExchange Managers with customized information. Our site may use cookies to deliver interest‐specific content, track visitor and User trends and practices, and for other purposes. In addition, cookies may allow us to measure and report aggregate information, such as the number of Users who see a service. Also, cookies may help us determine the most useful areas of our site by tracking hits to those areas. Users may modify their browser preferences to accept cookies,
receive notification when a cookie is sent or reject cookies. We and our partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level.

The BMC Group SmartExchange site may contain links to other Web sites. We are not responsible for the privacy practices or the content of these other sites. Customers should check the privacy policies of these other Web sites when providing non‐public information.

Disclosure of Information

The SmartExchange Manager has access to all information related to its deal, including actions taken by Users, User names and other contact information, messages transmitted by Users, and changes made by Users during the course of a deal. Users should not take any action or transmit any data via secure messaging that they do not wish to share with the SmartExchange Manager.

BMC Group SmartExchange may, from time to time, share aggregate statistical information with other persons or entities, such as content or service providers to help us with our business activities such as [webhosting, shipping your order or offering customer newsletter service]. These companies are authorized to use your personal information only as necessary to provide these services on the BMC Group SmartExchange site. BMC Group SmartExchange may also share information with successors or potential successors in interest to BMC Group SmartExchange or the BMC Group SmartExchange site. We will require such parties to comply with this Privacy and Security Policy, as amended from time to time. We reserve the right to distribute such information to such third parties at any time. If you do not want us to share your personal information with these companies, you may contact us at: [email protected].

In addition to the situations described above, BMC Group SmartExchange may disclose SmartExchange Manager and/or User information in special instances when we have reason to believe disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interfering with BMC Group SmartExchange’s rights or property or the rights or property of any other person. We may disclose SmartExchange Manager and/or User information when subpoenaed, for government investigations and when we otherwise believe in good faith that the law requires such disclosure.

Security Measures

BMC Group SmartExchange cannot and does not ensure or warrant the security of any information a SmartExchange Manager or User transmits to BMC Group SmartExchange via the Internet or that is transmitted from BMC Group

SmartExchange to a SmartExchange Manager or User via the Internet. Each SmartExchange Manager and User transmits information to BMC Group SmartExchange via the Internet at that SmartExchange Manager’s or User’s own risk. However, information transmitted on the BMC Group SmartExchange Web site is encrypted with 128‐bit SSL (secure socket layer) encryption. In addition, the BMC Group SmartExchange site has security measures in place to protect the loss, misuse, and alteration of the information under its control as set forth below. If you have any questions about the security of your personal information, you can contact us at [email protected].

In the event a data breach occurs, BMC Group SmartExchange will notify the affected contacts and appropriate regulatory bodies (European Union only per GDPR) within 72 hours of becoming aware of the issue.

SmartExchange Manager has exclusive control over who can access its restricted deal areas, except for access by BMC Group SmartExchange’s technical support personnel. These BMC Group SmartExchange team members are prohibited from accessing a restricted deal area unless asked by the SmartExchange Manager and are required to respect the confidentiality of information thereon.

All users of the SmartExchange platform are solely responsible for protecting the security of their passwords, including those passwords SmartExchange Managers share with Users. We require that SmartExchange Managers and Users not disclose passwords to anyone without a need to know and that SmartExchange Managers and Users take all reasonable steps to protect the integrity of their passwords.

A fundamental attribute of the BMC Group SmartExchange collaborative platform is its paramount focus on security. BMC Group SmartExchange is committed to providing its clients with security mechanisms for safeguarding the confidentiality of their data as well as the reliability of BMC Group SmartExchange. BMC Group SmartExchange provides a series of controls, independent checks, redundant systems and state of the art technology, as follows:

Data and Systems Integrity and Confidentiality:

BMC Group SmartExchange has security measures and policies at several levels within the data exchange process, including:

Data Access:

• Web site access protected by user identification with ID and password login
• SmartExchange Manager controls access to its restricted deal areas
• User authentication by ID files issued by BMC Group SmartExchange
• Server authentication via cross-certified ID file
• Digital authentication of data transmitted on 256‐bit Secure Socket Layer (SSL) encrypted communications system

Network Server:

• Restricted access to servers strictly enforced
• Communications with server are monitored and protected by various firewalls
• Servers are periodically tested by our internal security team
• Server has multiple connections to the Internet to provide continuous availability to users

Physical Installations:

• Physical facilities are monitored by physical and video surveillance
• Facilities are behind locked doors with privileged access tightly controlled
• Manned security and alarm systems

• Smoke detectors and quick response fire extinguishing mechanisms
• Data center facilities are both temperature and humidity controlled
• Redundant systems in place to provide high availability and geographic redundancy
• Data backup and storage on different facilities performed on a daily basis.

Administrative Confidentiality:

•  All BMC Group SmartExchange employees and its agents are bound by written confidentiality agreements.

BMC Group SmartExchange takes website security very seriously. We implement security measures to help protect the site and transaction data from unauthorized access. BMC Group SmartExchange continuously updates and improves our security processes and procedures to provide the highest level of security and peace of mind to our customers.

Testimonial

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your input and consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected].

Blog

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Access and Choice

Upon request BMC Group SmartExchange will provide you with information about whether we hold any of your personal information. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe, usually less than 24 hours, and provide you an explanation. To make such a request of us, please email us at [email protected].

If you wish to request access, or deletion of your personal information please contact us at [email protected]. We will respond to your request within a reasonable time frame.

How to Access & Control Your Personal Data

You have the following data protection rights:

• You can request access, correction, updates or deletion of your personal information.
• You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information.
• We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements
• Please contact us at [email protected] if you have any questions or concerns

Social Media Widgets

Our website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share this button or interactive mini‐programs that run on our website. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy statement of the company providing it.

Effect and Amendment of this Privacy and Security Policy.

If you do not agree with this policy or any of its terms, you should not use the BMC Group SmartExchange site. This Privacy and Security Policy in and of itself is not intended to and does not create any contractual or other legal rights in or on behalf of any party. BMC Group SmartExchange reserves the right to amend this policy at any time. Notice of the amended policy will be given by posting on the BMC Group SmartExchange login page access. In case of material changes, we will notify you or our Client by email (sent to the email address specified in your account) to the current Privacy and Security Policy indicating the date of its latest amendment.

Contact Us.

If you have a question about this Privacy Notice, or wish to inquire about our personal information handling practices, please contact us as follows:

BMC Group, Inc.
3732 W. 120^th  St.
Hawthorne, CA 90250

Or you may email us at:

[email protected]

Or complete our Contact Us form:  https://www3.bmcgroup.com/about/contact-us/