Job Applicant Privacy Notice

This privacy notice to job applicants (“Job Applicant Privacy Notice”) applies to the Personal Information of job applicants of Assured Guaranty Ltd., a company registered in Bermuda, with its registered office at 30 Woodbourne Avenue, Hamilton HM 08, Bermuda, and its affiliates and subsidiaries (collectively, the “Company,” “we,” “us,” or “our”). This Job Applicant Privacy Notice, which may be updated by us from time to time without notice to you, applies to our websites available at: 

• https://www.assuredguaranty.com/careers/current-openings

and any other Company websites that are authorized to link with this Job Applicant Privacy Notice from time to time (each, a “Website” and collectively, the “Websites”). By accessing or using the Websites, applying for a position, communicating with us in connection with an employment opportunity or otherwise manifesting your assent to this Job Applicant Notice, you agree to be bound by this Job Applicant Privacy Notice. If you do not agree to (or cannot comply with) all of the terms of this Job Applicant Notice, you may not access or use the Websites. Capitalized terms not defined in this Job Applicant Privacy Notice shall have the meaning set forth in our Privacy Policy.

I. Job Applicant Submissions

Job applicants seeking a position with Company may complete and submit a job application, resume, and supporting documentation through an applicant tracking system (“ATS”) available via a link on our Websites (see above). Company has engaged Greenhouse Software, Inc. (“Greenhouse”), a cloud-based recruitment service provider, to host and operate the ATS under contract with Company. Greenhouse uses its ATS to collect personal information from job applicants on our behalf, and makes the job applicant information available to Company through the ATS. As set forth below, we may collect or receive additional personal information from or about job applicants during the evaluation and hiring process. 

II. Categories of Personal Information Collected

Company has or may have collected the following categories of Personal Information (“Categories of Personal Information”) from or about you within the (12) months preceding the date of the Effective Date:

III. Business Purpose

We collect the Categories of Personal Information for the following business or commercial purposes (each a “Business Purpose”):

• evaluating applications for employment;
• recruitment purposes with respect to Personal Information submitted in response to job postings;
• establishing employment as a new hire;
• maintaining job applicant records;
• carrying out equal opportunity monitoring activities;
• conducting background verification;
• responding to requests for information posted on our Websites; and
• managing other administrative and human resource-related processes necessary during the course of a job application and interview process.

IV. Additional Business Purposes

We may also collect the Categories of Personal Information for one or more of these additional Business Purposes:

• complying with applicable laws, judicial or administrative orders, and responding to law enforcement requests; 
• evaluating or closure of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where Personal Information is transferred; and
• exercising our legal rights and protection of our interests in connection with any claim, action or proceeding brought by or against us.

V. What Kind of Personal Information We Disclose to Others

We do not disclose your personal information to others who are not our service providers or contractors. 

VI. Retention Periods

Company’s retention periods for the personal data of job applicants that are not hired are determined by the following criteria: (i) the purpose for which we are processing your personal data (we need to retain the data as long as is necessary for that purpose); and (ii) legal obligations (laws or regulation may set, or recommend, a minimum period for which we have to keep your personal data). Generally, we retain the personal data of job applicants that are not hired for seven (7) years in the U.S. and Bermuda, and for one (1) year in the United Kingdom and France, in each case from the point at which the job applicant is no longer under consideration for any active positions. 

Company’s retention periods for the personal data of job applicants that are hired are determined by the following criteria: (i) the purpose for which we are processing your personal data (we need to retain the data as long as is necessary for that purpose); and (ii) legal obligations (laws or regulation may set, or recommend, a minimum period for which we have to keep your personal data). Details about our data retention periods for employee data can be found in Assured Guaranty’s Global Compliance Manual and applicable compliance manual supplements, which will be made accessible to employees as part of our onboarding process.

VII. Additional Disclosures for Job Applicants Located in the State of California

1. Your Privacy Rights

Natural persons located in the state of California have the following rights regarding their personal information:

• Right to Know: You have the right to know: 

• Right to Delete: You have the right to request deletion of your personal information. We will honor such request, but might not be able to fulfill your request if we (or our service providers) are required to retain your personal information.
• Right to Correct: You have the right to request that we correct inaccurate personal information about you. We will honor such request, but might not be able to fulfill your request if it is impossible to do so or would involve disproportionate effort, or if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive.
• Right to Opt-Out of the Sale or Sharing of Personal Information: You have the right to  opt-out of the “sale” or “sharing” of your personal information. Please note, however, that we do not “sell” or “share” the personal information of our job applicants as those terms are defined under the CPRA.
• Right to Restrict the Processing of Sensitive Personal Information: If we collect or process your sensitive personal information in order to infer characteristics about you, you have the right to restrict how we use and disclose such information.  Please note, however, that we do not collect or process your sensitive personal information in order to infer characteristics about you.
• Anti-Retaliation Right: We are prohibited from discriminating against you for exercising any of the above rights.   
• Right to Designate an Authorized Agent: If you submit a request to know or delete your personal information through the use of an authorized agent, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify their identity directly with us.

2. Exercising Your Privacy Rights

To exercise the rights described above, please submit a request to us by using the methods outlined below under “How to Contact Us.”

In order to fulfill your request, we may need you to (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information related to you. 

We will confirm receipt of your request within then (10) business days of its receipt, and endeavor to respond within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We may charge a reasonable fee to process or respond to your requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.

VIII. Additional Disclosures for Job Applicants Located in the European Economic Area or the United Kingdom 

1. Controller

We act as controller of the personal data received by, or about, job applicants located in the European Economic Area (“EEA”) or the United Kingdom as described in this Job Applicant Privacy Notice under the GDPR. The terms “controller,” “data subject,” “personal data,” “processing (including “process (es)” and “processed”),” “processor,” and “supervisory authority” used under in this Section D shall have the meanings set forth in the GDPR. “GDPR” means the General Data Protection Regulation 2016/679, the Privacy and Electronic Communications Directive 2002/58/EC, the UK Data Protection Act 2018 (“DPA”), the UK General Data Protection Regulation as defined by the DPA as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019, and the Privacy and Electronic Communications Regulations 2003; and any relevant law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding instrument which implements any of the above or which otherwise relates to data protection, privacy or the use of personal data, in each case as applicable and in force from time to time, and as amended, consolidated, re-enacted or replaced from time to time. “EEA” means the members states of the European Union, plus Iceland, Norway, and Lichtenstein. 

2. Local Representatives

Our local representatives are the following: 

• EU Representative: Assured Guaranty (Europe) S.A., located at 71 rue du Faubourg Saint-Honoré 75008 Paris, France. 
• UK Representative: Assured Guaranty UK Limited, located at 6 Bevis Marks, London, EC3A 7BA.

3. Processing Activities

As a job applicant, you will complete an application on our ATS, which is maintained by Greenhouse on its website, and upload requested materials for consideration as part of your job application, such as your resume/CV, cover letter, references, and contact information (e.g., name, email address, physical address). Certain individuals may submit similar information on your behalf, such as a recruiter or other referral source, in each case potentially before you have personally submitted an application. We may also process additional information received from or about you, such as (i) during correspondences and meetings with us via phone, in person or email and technical interviews and case studies; (ii) for applicants that we intend to hire, background check information obtained from our third-party background screening providers (e.g., employment history, education history, court and criminal records and home address); and (iii) qualitative information provided to us by your professional references as part of the recruitment process.

4. Purposes and Legal Bases of Processing

We process your personal data (i) for purposes of managing our recruitment-related activities, which include setting up and conducting interviews and tests for applicants, evaluating and assessing the results thereto, and as is otherwise needed in the recruitment and hiring processes; (ii) our legitimate interest in (a) solicitation, evaluation, and selection of applicants for employment, (b) feedback and analysis of your applicant candidacy from personnel, including regarding your correspondences with us, results of technical interviews and case studies and your application materials, (c) verifying the details that you provide and to ensure that you are suitable for the role for which you have applied, (d) analyzing hiring data from applicant pool (e.g., recruiter performance, use of recruitment platforms), (e) retaining your job application on file for future jobs, and (f) processing for ensuring cybersecurity (including to prevent unauthorized access to networks, stopping damage to computers and systems, and maintaining audit logs); and (iii) for compliance with, or as authorized by, applicable law and regulatory guidelines, including in order to establish, exercise, or defend our legal rights or for the purpose of legal proceedings.

5. Categories of Recipients

We may disclose personal data regarding applicants to the following categories of recipients to effectuate the purposes described herein: (i) directors, officers, or employees of Company; (ii) Company affiliates and subsidiaries, and their respective partners, officers, managers, or employees; (iii) processors engaged by Company (collectively, “Processors”) that provide products and/or services including, but not limited to, data storage and third party administrative services; (iv) our legal, accounting and/or consulting advisors; (v) applicable governmental, judicial, or regulatory authorities/bodies; and (vi) in case of acquisition, reorganization, merger, dissolution, or similar corporate event, to the surviving or acquiring entity (including as needed for due diligence purposes).  

6. Transfer of Personal Data outside the EEA or the United Kingdom

Company may transfer your personal data from the EEA/UK to recipients located in countries outside of the EEA/UK (each, a “Transfer”), but only with appropriate safeguards as required by the GDPR. Adequate safeguards include, but may not be limited to, Transfers (i) to any country deemed by the European Commission to have adequate security for personal data (GDPR Article 45(1); (ii) pursuant to Standard Contractual Clauses (GDPR Article 46(5)); (iii) pursuant to an appropriate derogation, such as GDPR Article 49(1)(b) (as necessary for performance of contract or pre-contractual measures at data subject’s request), GDPR Article 49(1)(c) (performance or conclusion of contract concluded in data subject’s interest); or GDPR Article 49(1)(e) (necessary for the establishment, exercise, or defense of legal claims). 

7. Your Rights

Natural persons located in the EEA or the United Kingdom have a right to: (i) request access to, correction, and/or erasure of their personal data; (ii) object to processing of their personal data; (iii) restrict processing of their personal data; and (iv) request a copy of their personal data, or have a copy thereof sent to another controller, in a structured, commonly-used, and machine-readable format under the right of data portability. These rights may be exercised by contacting privacy@agltd.com. Such natural persons also have the right to lodge a complaint about the processing of their personal data with a relevant supervisory authority (e.g., UK Information Commissioner’s Office, National Commission on Informatics and Liberty (Commission Nationale de l'Informatique et des Libertés or CNIL), place of residence or infringement). If you are not located in the EEA or the United Kingdom, you do not have the foregoing rights. 

IX. How to Contact Us

If you have any questions relating to the collection and processing of your personal information, please contact our Human Resources department by email at HR-HumanResources@agltd.com, or call us at +1 212-974-0100.