PRIVACY POLICY
Serving as the managing general partner and fiduciary of multiple SEC Regulation D, Rule 506(b)(c) investment partnership securities, Encore Energy, Inc. is committed to maintaining the confidentiality, integrity, and security of personal information about the Company’s current and prospective private investor partners. Private investor information, including but not limited to the identities, names, contact information and other personal information, is highly confidential in nature and shall be held in strict confidence, as required by each offering memorandum agreement, the Company’s privacy policy and in accordance with both state and federal laws that protect investors right to privacy. These laws include but are not limited to the Gramm-Leach-Bliley Act and KRS 292.336. Encore Energy, Inc. is also defined as a “financial institution” which manages the investment(s) of other SEC accredited investors. Each participating private investor purchases an interest in an investment security which is managed by Encore Energy, Inc. Each private investor is required to sign and execute an exclusive securities contract managed by Encore Energy, Inc. and each private investor has no affiliation with other private investors. The Company’s SEC Regulation D, Rule 506(b)(c) offerings are formed via a certificate of assumed name in order to further protect private investor information from the public. As SEC Regulation D, Rule 506(b)(c) offerings, the Company is not required to
register the partnership(s) as Kentucky Registered Limited Liability Partnership because the Company’s partnership(s) are federal covered securities and are not subject to Kentucky partnership law. The Company will not share any confidential investor information unless instructed in writing by the private investor.
Definitions:
Investment Security – The Company’s partnerships are defined as an investment security pursuant to SEC Regulation D, Rule 506(b)(c) and KRS 292.330. Therefore, all investor information is confidential in nature, and each investor’s privacy rights are protected.
Securities Investment Contract – Each investor of Encore Energy, Inc. signs and executes a securities contract that discloses to them that investor information is confidential.
Financial Institution – Encore Energy, Inc. is defined as a financial institution pursuant to CFR 1010.100(t) and the US Treasury Department definitions. As a Financial Institution, the Company manages the investments of private investors participating in an investment security.
Gramm-Leach-Bliley Act – Federal law that requires financial institutions – companies that offer consumers financial products, investment securities, financial or investment advice, or insurance – to explain their information-sharing practices to their customers and to safeguard and protect sensitive data such as the identity, names, address and other personal information regarding investors in each investment security.
Investor Confidentiality (KRS 292.336) – Encore is clearly defined as a "firm employing issuer agents". KRS 292.336(6)(a) – "Every investment adviser that is registered or required to be registered shall establish and implement written physical security and cybersecurity policies and procedures designed to ensure the confidentiality, integrity, and availability of physical and electronic records and information". KRS 292.336(6)(b)(2)(b and c) – "At a minimum, ensure
that the investment adviser safeguards confidential client records and information; and protects any records and information for which the release could result in harm or inconvenience to any private investor of Encore Energy, Inc.
Certificate of Assumed Name – Each partnership operates under an assumed name of
Encore Energy, Inc. to protect the privacy rights of each private investor.