Conflict Mineral and Anti-Slavery Policy

BMC’s Conflict Mineral and Anti-Slavery Policy is rooted in our existing mission to respect, protect and fulfill human rights and fundamental freedoms. This policy sets forth a commitment to comply with relevant laws and regulations in regard to addressing modern slavery, human trafficking, and conflict mineral trade. Additionally, BMC annually publishes a Modern Slavery Statement in accordance with the UK Modern Slavery Act of 2015. This statement acknowledges that modern slavery and human trafficking remain fast-growing activities of trans-national criminal organizations and sets forth a system of policies and procedures designed to protect against modern slavery and human trafficking.

BMC’s business success depends on our ability to build trusted relationships—with each other, as well as with our customers, suppliers, governments, and communities. BMC is active in supporting charitable programs, humanitarian efforts, and sustainable projects that advance digital literacy, digital interventions, and technological equity in alignment with the United Nations’ Sustainable Development Goals.

This policy is applicable to all officers, directors, employees, suppliers, and affiliates of BMC Software. Failure to comply with the policy, including not reporting actual or suspected violations of which you are aware, may result in disciplinary action, including but not limited to termination of employment. 

This policy applies to all BMC employees. Employees are required to comply with this policy as described in the Overview of Corporate Policies.

• American Convention on Human Rights: an international human rights instrument adopted by many countries in the Western Hemisphere 
• Charter of Fundamental Rights of the European Union: A charter that enshrines certain political, social, and economic rights for European Union citizens and residents into EU law
• Convention on the Elimination of All Forms of Discrimination Against Women: An international human rights treaty that specifically addresses the rights of women. It calls on States Parties to take measures to eliminate discrimination against women in all areas of life, including political participation, employment, education, healthcare, and family structure 
• Convention on the Rights of Persons with Disabilities: An international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities 
• Convention on the Rights of the Child: An international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children
• Living Wage: “The remuneration received for a standard workweek by a worker in a particular place sufficient to afford a decent standard of living for the worker and her or his dependents. Elements of a decent standard of living include food, water, housing, education, health care, transportation, clothing, and other essential needs including provision for unexpected events”. This definition has been agreed upon by the Global Living Wage Coalition
• Corporate Social Responsibilities: Priorities that increasingly inform the ways in which we serve the communities where we live and work
• Eight Core International Labor Organization Conventions: Eight conventions by the International Labor Organization that are considered to be fundamental principles and rights at work: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour; the effective abolition of child labour; and the elimination of discrimination in respect of employment and occupation 
• International Convention on the Elimination of All Forms of Racial Discrimination: A United Nations convention that commits its members to the elimination of racial discrimination and the promotion of understanding among all races
• International Labor Organization (ILO): a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. 
• Supplier Risk Governance Council serves as a check and balance between the relationship of our suppliers with BMC; it is also to ensure that the supplier is in compliance with our Data Privacy Binding Corporate Rules (BCR)
• United Nations – An intergovernmental organization that aims to maintain international peace and security, and be a centre for harmonizing the actions of nations. 
• United Nations' Guiding Principles: A set of guidelines for States and companies to prevent, address and remedy human rights abuses committed in business operations. 
• United Nations' Sustainable Development Goals: A collection of 17 interlinked global goals designed to be a blueprint to achieve a better and more sustainable future for all. The SDGs were set up in 2015 by the United Nations General Assembly and are intended to be achieved by the year 2030. 
• Universal Declaration of Human Rights: An international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings.

BMC recognizes that modern slavery and human trafficking remain fast-growing activities of trans- national criminal organizations, having the potential to affect every country in the world. Therefore, we have implemented a system of policies and procedures designed to protect against modern slavery and human trafficking and they include imposing appropriate legal obligations on our employees and third parties (e.g., subcontractors and partners). BMC also acknowledges the human rights abuses affiliated with conflict mineral sourcing. Due to our commitment to responsible procurement and sourcing practices, we have several systems in place to minimize the risk of consuming or promoting conflict minerals.

BMC promotes the United Nation’s vision of improving lives through the promotion of social progress and sustainable development. We strategically leverage BMC employees and a wide range of partnerships and initiatives in correspondence with the United Nations' Sustainable Development Goals and the United Nations' Guiding Principles. These goals and principles have long been aligned with our Corporate Social Responsibility.

To further advance our commitments, we utilize additional international human rights instruments, including the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, the Convention on the Elimination of All Forms of Discrimination Against Women, the Charter of Fundamental Rights of the European Union, and the American Convention on Human Rights.

• Maintain a system of policies and procedures designed to protect against modern slavery, human trafficking, and conflict mineral consumption. 
• Value diversity and equal opportunity. The BMC approach to diversify is defined by inclusiveness, respect, and fostering a culture that allows each individual to contribute to his or her fullest potential. As set forth in the Equal Employment Policy and the Non-Harassment Policy, BMC does not tolerate any form of harassment, discrimination, or retaliation. 
• Maintain a responsible and structured supply chain. BMC has adopted various means to clearly communicate its expectations to any third parties BMC deals with, as further outlined in this policy.  
• Manage and mitigate risks in our supply chain to determine, develop, and maintain the optimal relationship with our suppliers. Our Supplier Risk Governance Council (SRGC) performs a risk assessment of each supplier based on the nature of goods or services provided. 
• Ensure that the supply chain’s commitment to responsible procurement and sourcing practices includes not sourcing minerals from conflict areas including the Democratic Republic of Congo and surrounding countries. Minerals should be sourced from certifiable conflict free areas. 
• Marketing communications should not contain any statement that could have the effect of harming any persons, groups, or organizations. 
• Effectively ensure a safe workplace and address corporal punishment and disciplinary practices.
• Address and work to ensure acceptable living conditions including maximum working hours and fair living wages. 
• Protect whistleblowers. As outlined in BMC’s Whistleblower Policy, BMC will not tolerate retaliation against any employee who, acting in good faith, reports suspected human rights abuses, asks questions or raises concerns. All allegations of wrongdoing are taken seriously and investigated appropriately. 
• Track reporting and progress. BMC records any incidents and suspicions of slavery, child, compulsory, forced, or involuntary labour, including human trafficking which are reported in accordance with the appropriate internal mechanisms. 
• Train and educate our employees. In addition to agreeing to the Code of Conduct, BMC requires every employee to undertake training on an annual basis to ensure that they understand the risks of modern slavery and human trafficking and to stress the importance of upholding its corporate and social responsibilities.  
• Report transparently on corporate support of and performance on human rights. 
• Be a responsible corporate citizen. BMC prohibits the use of child labor, physical punishment, or forced or compulsory labor, as well as any other forms of human abuse including human trafficking. 
• Ensure a safe workplace. A workplace free of violence, weapons, and other disruptive behavior keeps all employees safe and able to concentrate fully on business. 
• Promote supplier diversity. BMC’s commitment to diversity extends to those with whom we do business, which is why we strategically align ourselves with businesses, as well as businesses owned by veterans and service-disabled veterans, woman, and minorities.  
• Work toward serving and advancing equity in global communities through the support of social programs. 

• BMC Global Procurement, in collaboration with employees, is responsible for sponsoring or managing the project or duties of Third-Party vendors and must: (a) ensure that the employer/vendor is aware of these policy requirements, (b) confirm that appropriate language is included in contractual agreements addressing these requirements 
• BMC Finance, in collaboration with employees, serves as partial oversight for company-wide expenditures and has the discretion to flag and investigate any expense at any time 
• Managers and employees are to cooperate with BMC officials to ensure business continuity in alignment with the terms and conditions listed within this and all BMC policies 

• Code of Conduct
• Environmental, Health & Safety Policy
• Data Protection Binding Corporate Rules (BCRs)
• Equal Employment Opportunity Policy
• Whistleblower Policy