Candidate Privacy Notice

Last Modified: September 28, 2023

Introduction

This notice (the “Notice”) describes how Vanguard Renewables, LLC and its related companies (collectively, “Vanguard Renewables,” “Company,” “we,” or “us”) handle and protect data to which Vanguard Renewables is provided access in connection with the recruiting process.

By making available your Candidate Data, as defined below, you confirm that:

• You have reviewed this Notice and agree that Vanguard Renewables may process your Candidate Data in accordance with this Notice;
• You have provided any notices and obtained any consents needed to provide information concerning others (e.g., information about employment references); and
• Your Candidate Data may be transferred and processed worldwide, including in the US and other countries that may not be deemed to provide the same level of data protection as your home country, for the purposes and in the manner specified in this Notice.

Vanguard Renewables will process Candidate Data in accordance with this Notice, unless in conflict with requirements of applicable law, in which case applicable law will prevail.

Your consent to the provisions of this Notice is required in order to submit or make available Candidate Data. If you decline to submit or make available your Candidate Data, it may affect your ability to apply for or receive an offer of employment.

This Notice does not form part of any contract of employment offered to candidates hired by Vanguard Renewables.

Candidate Data

For the purposes of this Notice, Candidate Data is identifiable information that an individual makes available to Vanguard Renewables in connection with the recruiting process.  We may collect, store, and process the following categories of Candidate Data, which we require in connection with our recruiting activities:

• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Work history and other relevant experience including information contained in a resume, CV, cover letter, or job application.
• Education information including degrees awarded, transcripts, certifications, and other information provided in support of the job application.
• Information collected during phone screenings and interviews.
• Details regarding the type of employment sought, desired salary, willingness to relocate, job preferences, and other information related to compensation and benefits.
• Reference information and information received from references while conducting background checks, where applicable, including information provided by third parties.
• Information related to previous job applications to Vanguard Renewables or previous employment history with Vanguard Renewables;
• Driver’s license number as required for certain positions, references, and criminal history where permitted by law;
• The results of any pre-employment drug screening; and the results of any pre-employment occupational assessments or examinations, where permitted by law.

Candidate Data does not include anonymized or de-identified data that cannot be linked to an individual person.  Failure to provide or allow us to process Candidate Data may affect our ability to accomplish the purposes stated in this Notice.

Collection

You may use various electronic and paper methods to submit Candidate Data to Vanguard Renewables.  You agree that, in addition to collecting Candidate Data directly from you, Vanguard Renewables may collect Candidate Data from third parties, for example, from recruiters, in connection with a background or employment check or an employment reference (subject to your consent where required by law) or, to the extent permitted by law, from a recruiting or other web site where you may have provided information about your work experience or interests.

Processing and Retention

Vanguard Renewables will only process Candidate Data: (1) where applicable law permits or requires it in connection with carrying out our application and recruitment process; (2) to take steps necessary to enter into an employment contract with you; (3) where the processing is necessary to comply with a legal obligation that applies to us; (4) for our legitimate interests or the legitimate interests of third parties, or with your consent if applicable law requires consent. We may process your personal data for the following legitimate business purposes:

• Identifying and evaluating job applicants, including assessing skills, qualifications, and interests for the purposes of determining suitability for the position for which you have applied;
• Sharing application and submitted documents to applicable hiring managers and interviewers; 
• Verifying your information and carrying out employment, background, and reference checks, where applicable, subject to your consent where required by applicable law;
• Communicating with you about the recruitment process and your application;
• Keeping records related to our hiring processes, for only as long as appropriate under the circumstances where required by applicable law;
• Verify information used to extend an offer of employment;
• Creating and submitting reports as required by applicable laws or regulations;
• To comply with our legal, regulatory, or other corporate governance requirements;
• Analyzing and improving our application and recruitment process.

In addition to using your personal data for the position for which you have applied, we may retain and use your personal data to inform you about and consider you for other positions that may be appropriate for you.  If you do not want to be considered for other positions or would like to have your Candidate Data removed, you may contact Vanguard Renewables as specified in the “Contact Us” section below. 

We may also process Candidate Data for our own legitimate interests, including for the following purposes:

• To prevent fraud.
• To ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.

Sharing with Third Parties

Vanguard Renewables may transfer Candidate Data to third parties where required by law, or to our employees, contractors, designated agents, or third-party service providers who require such information to assist us with administering the recruitment process, including third-party service providers who provide services to us or on our behalf.  We may use third-party service providers for various purposes, including, but not limited to, obtaining employment verification and background checks, and data storage or hosting.   Any such third parties have access to Candidate Data solely for the purposes of performing the services specified in the applicable service contract, and Vanguard Renewables requires the providers to undertake security measures consistent with the protections specified in this Notice.

We may also disclose your personal data for the following additional purposes where permitted or required by applicable law:

• As part of our regular reporting activities to other members of our group of companies;
• To comply with legal obligations or valid legal processes such as search warrants, subpoenas, or court orders. When we disclose your personal data to comply with a legal obligation or legal process, we will take reasonable steps to ensure that we only disclose the minimum personal data necessary for the specific purpose and circumstances;
• To protect the rights and property of Vanguard Renewables;
• During emergency situations or where necessary to protect the safety of persons;
• Where the Candidate Data is publicly available, or the Candidate Data consists of anonymous or de-identified data that is not associated with a particular individual;
• In the event of a re- organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of Vanguard Renewables’s business, Vanguard Renewables may transfer Candidate Data to successor entities or parties.  In these circumstances, we will limit data sharing to what is absolutely necessary, and we will anonymize the data where possible; and
• For additional purposes with your consent where such consent is required by law.

Sensitive Candidate Data

Vanguard Renewables may process Sensitive Candidate Data as part of the recruiting process.  Sensitive Candidate Data may include information concerning nationality or citizenship, race or ethnic origin, health information, criminal history, or trade union membership.

We may collect and process Sensitive Candidate Data (1) when you voluntarily provide them, or we receive them from a third party with your consent; (2) when relevant for a particular position to carry out our obligations under employment law; or (3) as applicable law otherwise permits.  If you have a physical or mental health condition or disability and would like Vanguard Renewables to consider an accommodation, you may provide that information during the recruiting process.

To the extent you make Sensitive Candidate Data available to Vanguard Renewables, you consent to Vanguard Renewables processing such Data in accordance with this Notice.

Vanguard Renewables does not request or consider information concerning religion, sex life, or political opinions in connection with recruiting.

Security and Confidentiality

Vanguard Renewables has implemented appropriate physical, technical, and organizational security measures designed to secure your Candidate Data against accidental loss and unauthorized access, use, alteration, or disclosure.  In addition, we limit access to Candidate Data to those employees, agents, contractors, and other third parties that have a legitimate business need for such access. 

Data Retention

Except as otherwise permitted or required by applicable law or regulation, Vanguard Renewables will only retain your Candidate Data for as long as necessary to fulfill the purposes we collected it for, as required to satisfy any legal, accounting, or reporting requirements, or as necessary to resolve disputes.
Under some circumstances we may anonymize your Candidate Data so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

If you are offered and accept employment with Vanguard Renewables, the Candidate Data we collected during the application and recruitment process will become part of your employment record, and we may use it in connection with your employment consistent with our employee personal data policies.  If you do not become an employee, or, once you are no longer an employee of Vanguard Renewables, we will retain and securely destroy your Candidate Data in accordance with our document retention policy and applicable laws and regulations.

Rights of Access, Correction, Erasure, and Objection

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during the recruitment process. By law you may have the right to request access to, correct, and erase the personal data that we hold about you, or object to the processing of your personal data under certain circumstances. You may also have the right to request that we transfer your personal data to another party. If you want to review, verify, correct, or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact us at [email protected].  Any such communication must be in writing.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal data that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal data that we hold about you, or we may have destroyed, erased, or anonymized your personal data in accordance with our record retention obligations and practices.  Applicable law may similarly allow or require us to refuse to delete Candidate Data where retention is required by your contractual relationship with Vanguard Renewables, in the context of a legal dispute, or as otherwise required by law. If access, correction, deletion or portability is denied, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

Direct Marketing

Vanguard Renewables will not use Candidate Data to offer you any products or services for personal or family consumption (“Direct Marketing”) or provide Candidate Data to third parties for their Direct Marketing. These restrictions do not apply to contact or other personal data obtained in the context of a customer, consumer or other non-employment relationship with Vanguard Renewables.

Changes to this Notice

Vanguard Renewables reserves the right to modify this Notice by posting changes to relevant Vanguard Renewables websites. If you submit additional Candidate Data or request to be considered for a position following the effective date of a modified Notice, your Candidate Data will be handled in accordance with the Notice in effect at that time.

Contact Us

If you have any questions about our processing of Candidate or would like to make an access or other request, please contact us at: [email protected] or (781) 232-7597.