Applicability of the European Union Data Act Regulation

BMC Client Management may qualify as a related service under the European Union Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13 December 2023 on harmonized rules on fair access to and use of data (Data Act).

In accordance with Chapter II of the Data Act, BMC provides the following information.

• Your data: You can configure directly in the product the nature, volume, frequency, and duration of retention of data you collect. You have direct access to your data via the product’s user interface, via included reporting tools, or via direct access to the database for on premise configurations. You can find more information about policies for handling data in the BMC Helix services at https://docs.bmc.com/docs/helixsubscriber/bmc-helix-data-handling-policy-815419060.html. Specific information regarding how BMC Helix platform fulfils backup and retention needs is available at https://docs.bmc.com/docs/helixsubscriber/data-backup-and-retention-815419057.html.
• Use of your data by BMC: BMC does not use your data itself and does not intend to allow any third party to use your data, except as provided for in the section “right to share data with third parties” below.
• BMC’s address: BMC Software is a US corporation headquartered at 2103 City West Boulevard, Houston, Texas 77042.
• How to contact BMC: You can contact and communicate with BMC by clicking “Contact BMC” at https://www.bmc.com/.
• Right to share data with third parties: As you have full access and control over your own data, you can share your data with a third party, should you wish to do so, without any assistance from BMC.
• Complaint: In the event you consider BMC is infringing any provision of Chapter II of the Data Act, you have the right to lodge a complaint with the competent authority designated pursuant to Article 37 of the Data Act.
• Trade secret: No BMC or third party trade secret is contained in your data.
• Duration and termination of the contract with BMC: The duration of the contract between BMC and your company and the arrangements for terminating such contract are set out in the applicable order executed between BMC and your company.