Black Mountain Software (“Company”) is committed to privacy and data protection. This Privacy Notice applies to all personal data collected by the Company through interactions with staff, data entered into BMS applications, and via website submissions from domains registered to the Company (collectively, the “Services”).
This Privacy Notice does not apply to any thirdparty applications or software that integrate with Black Mountain Software Services. Thirdparty products, applications, and services are governed by their own privacy policies, and we recommend reviewing privacy policies governing thirdparty products before using them. Black Mountain Software is the controller of the personal data collected through interaction with staff and via website submissions.
Customers are controllers of the personal data entered into BMS applications. Any questions or concerns regarding Black Mountain Software’s privacy and data protection practices can be directed to our Data Protection Officer at firstname.lastname@example.org.
Data Collection and Use
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for the following purposes:
Data provided directly to BMS
1. Contact information
a. Providing Services – We use data to carry out your transactions with us and to provide Services to you. This includes personal data such as email, name and mailing address. We may collect additional information upon registration including contact information and credentials. We may use this data to diagnose and address problems and provide other support services.
b. Service Communications – We use data we collect to deliver and personalize communications with you. Outages are reported via email. We may contact you by email or other means to notify you of changes in information and updates to the Services or to our Privacy Notice.
c. Conference, Program, Event and Visitor Registration – We may request personal data to process registration for conferences, programs, meetings, events, and visits. This information may include name, address, phone number, email address, contact preferences, social media identifiers, disabilities (for compliance with the Americans with Disabilities Act), dietary needs, emergency contact information, professional and personal interests, job title, company, business address and phone number, website, and blog.
2. Job application and employment data – We may ask for your contact information such as your name, address, phone number, email address, employer/company, cover letter, resume, and salary requirements. We collect this information to evaluate candidacy for a position at Black Mountain Software. We may also ask for Sensitive Personal Information, however providing Sensitive Personal information is voluntary and will only be collected with your consent.
3. Surveys and Studies – We may ask you to participate in a survey or study; and may request information from you. Participation is voluntary, and you have the choice of whether to disclose any requested information.
Data collected during interaction with BMS Services
1. Credentials for BMS Services – We process passwords and related security information used for authentication, account access, and information security purposes.
2. Usage Data We use data to continually improve the Services offered by Black Mountain Software, including adding new features or capabilities. Data is collected throughout your interactions with the applications and websites.
a. Webpage visits/requests – We track general, nonpersonalized information (e.g., operating system, browser version, and type of device being used) to know how many people use the applications and visit websites within Black Mountain Software domains.
b. Application performance – Performance is tracked to improve interaction with the Services.
c. Device/network information – Device and network information is used, in part, for authentication purposes as well as performance tracking.
d. Cookies – We utilize cookies to measure engagement statistics via Google Analytics with all Company webpages. Data is used to drive internal support procedures. See Cookies and Other Technologies below for more information.
3. Personal data entered into BMS applications by Customers – Data entered into BMS applications by Customers is used at the discretion of the Customer.
4. Correspondence with BMS – We collect the content of messages you send to us, including feedback or questions you ask our staff, when necessary to provide Services and support.
Data collected by thirdparties
Lead Generation information – Contact information as well as prospective customer requests for information collected via SoftwareConnect are used to send sales and marketing information to prospective customers.
How We Share Personal Data
It is the practice of Black Mountain Software to protect users’ information. Access to our users’ information is restricted to only those employees or agents, contractors or subcontractors of the Company who have valid reasons to access this information to perform any Service you have requested or authorized, or for any other purpose described in this Privacy Notice. The information you provide will not be sold or rented to third parties.
We may provide your personal data to:
1. Anyone expressly authorized by you to receive your personal data.
2. Anyone to whom we are required by law to disclose personal data, upon valid and enforceable request thereof.
3. A successor or potential successor to all or part of the Company.
4. Service providers, such as our Information Systems and Infrastructure Service Provider, Amazon Web Services (AWS), that process personal data only as BMS directs.
We will access, disclose, and preserve personal data when we have a good faith belief that doing so is necessary to:
1. Comply with applicable law or respond to valid legal processes, including from law enforcement or other government agencies, upon valid and enforceable request thereof; or
2. Operate and maintain the security of Services, including to prevent or stop an attack on our computer systems or networks.
How You May Share Personal Data
Certain features of Black Mountain Software applications will allow you to share information with others. You are the controller of personal information you share through the features of the applications. Caution should be taken when sharing this information, consider the recipient and the mode of transmission when sharing personal data.
Handling of Personal Data Security of Personal Data
Depending on the circumstances, we may hold your information in hard copy and/or electronic form. For each medium, we use technologies and procedures to protect personal data. We review our strategies and update as necessary to meet our business needs, changes in technology, and regulatory requirements.
These measures include, but are not limited to, technical and organizational security policies and procedures, security controls, and employee training. No information security program is perfect, and the Company cannot and will not make any guarantees of security.
We may suspend your use of all or part of Black Mountain Software applications without notice if we suspect or detect any breach of security. If you believe that the information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
If we become aware of a breach that affects the security of your personal data, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, Black Mountain Software will provide any such notice that the Company must provide to you at your account’s email address. By using Black Mountain Software applications and websites you agree to accept the notice electronically.
Storage and Transfer of Personal Data
Personal data collected by Black Mountain Software is stored and processed in the United States. We take steps to ensure that the data we collect under this Privacy Notice is processed pursuant to the terms thereof and the requirements of applicable law.
Retention of Personal Data
Black Mountain Software retains personal data as long as necessary to provide Services and fulfill the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes, and enforcing agreements. We are required by law to keep some types of information for certain periods of time (e.g., statute of limitations).
Your Rights Regarding Your Personal Data
Black Mountain Software respects your right to access and control your personal data. You have choices about the data we collect. When you are asked to provide personal data that is not necessary to provide you with access to Black Mountain Software applications and websites, you may decline. However, if you choose not to provide data that is necessary to provide the Services, you may not have access to certain features of the Services.
We aim to keep all personal data that we hold accurate, complete, and up to date. While we will use our best efforts to do so, we encourage you to tell us if you change your contact details. If you believe that the information we hold about you is incorrect, incomplete, or out of date, please contact email@example.com.
Access to your personal data
In some jurisdictions, you have the right to request access to your personal data. In these cases, we will comply, subject to any relevant legal requirements and exemptions, including identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).
Correction and deletion
In some jurisdictions, you have the right to correct or amend your personal data if it is inaccurate or requires updating. You may also have the right to request deletion of your personal data. Please note that such a request could be refused because your personal data is required to provide you with the Services you requested, e.g., to send an invoice to your email address, or that it is required by the applicable law.
If you make a request to access, correct, or delete your personal data, and you believe we did not properly handle or respond to your request, you may appeal our decision by contacting us. When you contact us, please explain why you believe we did not properly handle or respond to your request. We will respond to your appeal within any timeframes set forth in applicable law.
If you have provided us with your contact information, we may, subject to any applicable law, contact you via email, postal mail or telephone about Black Mountain Software applications, addons, communications, or events that may be of interest to you, including our newsletter.
You can also request changes to your contact preferences by contacting Black Mountain Software via phone or email at firstname.lastname@example.org.
Please remember that even if you opt out of receiving marketing emails, we may still send you important service information related to your accounts and subscriptions.
California “Shine the Light” Law
California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. Black Mountain Software does not disclose information to thirdparties for their direct marketing purposes however, if you are a California resident and you wish to make the request, please send an email to email@example.com.
Cookies and Other Technologies
While this information on its own may not constitute your “personal data”, we may combine the information we collect via Cookies with personal data that we have collected from you to learn more about how you use the Services to improve them.
Types of Cookies
We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your device until you delete them).
Cookies Set by Third Parties
To enhance our content and to deliver a better online experience for our users, we sometimes embed images and videos from other websites on the Services. We currently use, and may in future use content from services such as Facebook, LinkedIn and Twitter. You may be presented with Cookies from these thirdparty websites. Please note that we do not control these Cookies. The privacy practices of these third parties will be governed by the parties’ own privacy statements or policies. We are not responsible for the security or privacy of any information collected by these third parties, using Cookies or other means. You should consult and review the relevant thirdparty privacy statement or policy for information on how these Cookies are used and how you can control them.
How to Control and Delete Cookies
Cookies can be controlled, blocked or restricted through your web browser settings. Information on how to do this can be found within the Help section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your cookie preferences across these environments.
If you are using a mobile device to access the Services, you will need to refer to your instruction manual or other help/settings resource to find out how you can control Cookies on your device.
Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Services may not operate properly, and you may not have access to the Services. BMS shall not be liable for any impossibility to use the Services or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies. To learn more about Cookies and web beacons, visit https://www.cisa.gov/uscert/publications/securingyourwebbrowser.
We also embed social sharing icons throughout the Services. These sharing options are designed to enable users to easily share content from the Services with their friends using a variety of different social networks. If you choose to connect using a social networking or similar service, we may receive and store authentication information from that service to enable you to log in and other information that you may choose to share when you connect with these services. These services may collect information such as the web pages you visited and IP addresses, and may set cookies to enable features to function properly. We are not responsible for the security or privacy of any information collected by these third parties. You should review the privacy statements or policies applicable to the thirdparty services you connect to, use, or access. If you do not want your personal data shared with your social media account provider or other users of the social media service, please do not connect your social media account with your account for the Services and do not participate in social sharing on the Services.
Do Not Track
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. However, because no consensus has emerged about how to interpret this signal, we do not alter our processing in response to DNT signals.
Changes To This Privacy Notice
We may update this Privacy Notice based upon evolving Laws, regulations and industry standards, or as we may make changes to our business including the Services. We will post changes to our Privacy Notice on this page and encourage you to review our Privacy Notice when you use the Services to stay informed. If you disagree with the changes to this Privacy Notice, you should discontinue your use of the Services. You may also request access and control of your personal data as outlined in the Your Rights Regarding Personal Data section of this Privacy Notice.
Questions or Complaints Handling
We understand that you may have questions or concerns about this Privacy Notice or our privacy practices or may wish to file a complaint. In such case, please contact us by email at firstname.lastname@example.org or phone at 800.353.8829.