as amended September 15, 2004

The BMC Group, a Washington corporation d/b/a BMC Group Virtual Data Room ("BMC Group Virtual Data Room") licenses and operates BMC Group Virtual Data Room.  BMC Group Virtual Data Room is firmly committed to protecting the privacy online on its BMC Group Virtual Data Room Internet site of persons who arrange for BMC Group Virtual Data Room to provide them with an e-business platform ("Deal Owners"), 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 Virtual Data Room 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 Customer Support.

This policy describes and explains:

  1. The types of non-public information collected and how BMC Group Virtual Data Room will use such information;
  2. The parties with whom such information may be shared;
  3. The security measures in place to safeguard non-public information;
  4. Acceptance of the terms; and
  5. Contacting us.

1. Collected Information.

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

Generally, BMC Group Virtual Data Room will use non-public information as follows:

  • We will use contact information to deliver information to Deal Owners regarding deal status and information related to the uses of the Deal Owner's deal areas by Users.
  • We will use unique identifiers to verify Deal Owner and User identity, for use in our database, and in connection with confirmations of transactions through BMC Group Virtual Data Room.
  • We will use contact information to route messages.
  • We may use profile data to tailor the Deal Owner and User experience at our site. This data will allow us to deliver services that we think may be useful to Deal Owners and Users.

We may perform statistical analyses of behaviors and characteristics of our Deal Owners and Users in order to measure interest in and use of the various areas of the BMC Group Virtual Data Room site. We may share this statistical information with our content providers.

BMC Group Virtual Data Room reserves the right to contact Deal Owners and Users regarding access status, changes to any site access or license agreements and any other matters relevant to the services offered to Deal Owners and Users and/or the information collected from Deal Owners and Users.

Any non-public information that Deal Owners or Users disclose to us will be used by BMC Group Virtual Data Room in accordance with this Privacy and Security Policy, as amended from time to time.

Information from a User's or Deal Owner's computer. In addition to the collection of information described above, the BMC Group Virtual Data Room 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 Deal Owners,]  gather broad demographic data, identify trends and statistics, help diagnose problems with our server and administer the BMC Group Virtual Data Room 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, Deal Owners, Users, visitors or others, we will use IP addresses to identify a visitor.

Cookies. The BMC Group Virtual Data Room? 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 Deal Owners 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.

The BMC Group Virtual Data Room 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.

2. Disclosure of Information.

The Deal Owner has access to all information related to its deal, including actions taken by Users, Users name 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 Deal Owner.

BMC Group Virtual Data Room may, from time to time, share aggregate statistical information with other persons or entities, such as content or service providers on the BMC Group Virtual Data Room site, companies doing business with BMC Group Virtual Data Room.  BMC Group Virtual Data Room may also share information with successors or potential successors in interest to BMC Group Virtual Data Room or the BMC Group Virtual Data Room 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.

In addition to the situations described above, BMC Group Virtual Data Room may disclose Deal Owner 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 Virtual Data Room's rights or property or the rights or property of any other person. We may disclose Deal Owner and/or User information when subpoenaed, for government investigations and when we otherwise believe in good faith that the law requires such disclosure.

3. Security Measures.

BMC Group Virtual Data Room cannot and does not ensure or warrant the security of any information a Deal Owner or User transmits to BMC Group Virtual Data Room via the Internet or that is transmitted from BMC Group Virtual Data Room to a Deal Owner or User via the Internet. Each Deal Owner and User transmits information to BMC Group Virtual Data Room via the Internet at that Deal Owner's or User's own risk. However, information transmitted on the BMC Group Virtual Data Room Web site is encrypted with 128-bit SSL (secure socket layer) encryption. In addition, the BMC Group VirtualData Room site has security measures in place to protect the loss, misuse, and alteration of the information under its control as set forth below.

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

As between BMC Group Virtual Data Room and Deal Owners and Users, Deal Owners and Users are solely responsible for protecting the security of their passwords and deal keys, including those passwords and deal keys Deal Owners share with Users. We require that Deal Owners and Users not disclose passwords and deal keys to anyone without a need to know and that Deal Owners and Users take all reasonable steps to protect the integrity of their passwords and deal keys.

A fundamental attribute of the BMC Group Virtual Data Room collaborative platform is its paramount focus on security. BMC Group Virtual Data Room is committed to providing its clients with security mechanisms for safeguarding the confidentiality of their data as well as the reliability of BMC Group Virtual Data Room. BMC Group Virtual Data Room 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 Virtual Data Room has security measures and policies at several levels within the data exchange process, including:

  1. Data Access:
    • Web site access protected by user identification with ID and password login.
    • Restricted deal areas protected by second tier password: Deal Key.
    • Deal Owner controls access to its restricted deal areas.
    • User authentication by ID files issued by BMC Group Virtual Data Room.
    • Server authentication via cross-certified ID file.
    • Digital authentication of data transmitted on 128-bit Secure Socket Layer (SSL) encrypted communications system.
  2. Network Server:
    • Restricted access to servers strictly enforced.
    • Communications with server are monitored and protected by various firewalls.
  3. 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.
  4. Administrative Confidentiality:
    • All BMC Group Virtual Data Room employees and it’s agents are bound by written confidentiality agreements.

Systems Reliability:
BMC Group Virtual Data Room has in place several levels of security to provide reliable service to its clients.

  1. Network Server:
    • Server is periodically tested by internal hackers.
    • Server has multiple connections to the Internet to provide continuous availability to users.
  2. Physical Installations:
    • Facilities maintained at temperature and humidity controlled environments.
    • Redundant systems in place.
    • Data backup and storage on different facilities done on a daily basis.

BMC Group Virtual Data Room takes web site security very seriously. It implements security measures to help protect the site and transaction data from unauthorized access. BMC Group Virtual Data Room plans to continue to update and improve security procedures as new technology becomes available.

4. 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 Virtual Data Room 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 Virtual Data Room reserves the right to amend this policy at any time. Notice of the amended policy will be given by posting on the BMC Group Virtual Data Room login page access to the current Privacy and Security Policy indicating the date of its latest amendment.

5. Contacting BMC Group Virtual Data Room.

If you have any questions about this Privacy and Security Policy or the practices of this site, please contact:

BMC Group Virtual Data Room
1330 East Franklin Avenue
El Segundo, CA
90245

Phone:
    North America: 1 866 837 7788
    Asia: 852 2509 2709
    Brazil: 0 800 722 0545
    Europe: 00 800 3325 7666

Email: Contact Dealrex Customer Support


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