Privacy Policy

EIG Global Energy Partners1 (“EIG”) as a registered investment adviser has adopted this Privacy Policy (this “Privacy Policy”), which governs the activities of each officer, member, manager and employee of EIG (collectively, the “Employees”) relating to the protection of personal information of its customers. EIG or one of its affiliates, as general partner, adviser or sub-adviser of certain private pooled investment vehicles, separately managed accounts, and closed end funds registered under the Investment Company Act of 1940, as amended (collectively, the “Investment Funds”), has also adopted the Privacy Policy on behalf of the Investment Funds. The term “Customer” as used in this Privacy Policy refers to EIG’s advisory clients and Investment Fund investors meeting the statutory definition of term “Customer”.

 

1. PURPOSE

The SEC has adopted rules protecting the non-public personal information of customers of SECregistered investment advisers and the Federal Trade Commission has adopted substantially the same rules governing that information for customers that are investors in Investment Funds. The following is a summary of the principal requirements:

➔ Individuals that are customers of a regulated financial institution or that invest in an Investment Fund must receive a clear and conspicuous notice that details the financial institution’s privacy policies and practices.

➔ If a financial institution intends to disclose private information to a nonaffiliated thirdparty, then the customer must be given (with some exceptions) the right to opt-out (“optout rights”), and the financial institution must comply with any opt-out request when sharing information.

➔ Financial institutions are required to adopt policies and procedures reasonably designed to ensure the security, confidentiality, and integrity of customer records and protect them against anticipated hazards and unauthorized access.

EIG has adopted this Privacy Policy as a result of these requirements. Because EIG does not share non-public personal and financial information with nonaffiliated third-parties, except solely for administrative purposes or servicing any pooled investment vehicle managed by EIG, this Privacy Policy does not contain opt-out rights.

The Chief Compliance Officer is responsible for reviewing this Privacy Policy at least annually and for ensuring the annual distribution of this Privacy Policy to Employees.

 

 

2. PRIVACY POLICY

2.1 Delivering the Privacy Notice to Investment Fund Investors

For Investment Funds, the Privacy Notice (see Exhibit A for current form of Privacy Notice) will initially be distributed to each investor at the direction of the Chief Compliance Officer with or as part of the subscription agreement and/or posting on the offered fund’s electronic data room.

Distribution of the Privacy Notice will be made to investors in the Investment Funds at the direction of the Chief Compliance Officer by posting a copy of the Privacy Notice on the Investor Dashboard.

With respect to investors of the Investment Funds which may be registered with the SEC, any distribution of EIG’s Privacy Policy will be coordinated with such Investment Fund’s fund administrator and investment adviser.

2.2 Delivering the Privacy Notice to Advisory Clients

The Privacy Notice (see Exhibit A for current form of Privacy Notice) and an acknowledgement of receipt of the Privacy Notice will initially be distributed to each advisory client at the direction of the Chief Compliance Officer with or as part of the application for products and services or in the advisory contract. EIG must send the Privacy Notice once during each calendar year to each advisory client, unless there has been no change to its previously disclosed procedures regarding the handling of client nonpublic personal information. That annual delivery may be combined with EIG’s annual offer to deliver a copy of its Form ADV.

2.3 Consumer Report Information

EIG does not obtain consumer reports or information derived from consumer reports (“Consumer Report Information”), except for employment purposes. Consumer Report Information obtained for employment purposes currently is retained indefinitely. Any other Employee who obtains Consumer Report Information should contact EIG Compliance for direction on the safekeeping and disposition of that information.

2.4 Keeping Information Private

EIG follows procedures designed to ensure that data is maintained in a controlled and secure manner. The procedures may include:

➔ Maintaining subscription documents and other investor or client information on password protected drives or sites;

➔ Reformatting hard drives to physically remove data from personal computers that are retired or reallocated to other Employees;

➔ Deleting password access for Employees and contractors who have left EIG;

➔ Deleting data on personal network drives when Employees and contractors leave EIG;

➔ Maintaining logs regarding the status and disposition of back-up data;

➔ Maintaining current patch and release levels for operating system, database, and web browsing software;

➔ Instituting security precautions for remote Employee access to computer systems; and

➔ Requiring passwords to be maintained by Employees and contractors for access to all network data and applications;

➔ For paper records, Employees are responsible for maintaining the confidentiality of those records by appropriate means, including:

  • Not leaving confidential information unattended in conference rooms;
  • Storing the information in a locked and restricted file room so that visitors or Employees without a business need for the information do not inadvertently have access; and
  • Shredding or destroying the information by secured disposal services when disposing of the records.

2.5 Use of Social Security Numbers

Employees are prohibited from:

➔ Intentionally communicating or making available to the general public any individual’s social security number;

➔ Printing an individual’s social security number on any card required for the individual to access products or services provided by the person or entity;

➔ Requiring an individual to transmit his or her social security number over the internet unless the connection is secure or the social security number is encrypted;

➔ Requiring an individual to use his or her social security number to access an internet website unless a password or unique personal identification number or other authentication device also is required to access the website; and

➔ Printing an individual’s social security number on any materials that are mailed to the individual unless state or federal law requires the number to be on the document to be mailed. However, applications and forms sent by mail may include a social security number.

2.6 Unauthorized Access to Data

EIG is required to protect the personal data of individuals maintained on its data systems. Personal data of individuals generally means an individual’s name plus one or more of the following for that individual:

➔ Social security number;

➔ Passport number, Driver’s license number or state identification card number; or

➔ Account number, credit card number, or debit card number, in combination with any required security code access code or password that would permit access to an individual’s financial account.

Personal data does not include information that is lawfully made available to the general public from federal, state or local government records.

Employees who become aware of a breach of the security of data systems maintained by EIG or by third-parties on behalf of EIG that resulted in, or that reasonably may have resulted in, the acquisition of the personal data of individuals by an unauthorized person, must notify the General Counsel and Chief Compliance Officer immediately of that breach. The General Counsel will coordinate the investigation and response, which may include, where appropriate or required by law, notification of the individual(s) whose data may have been acquired by an unauthorized person.

A breach of the security of data systems does not include the good faith acquisition of personal information by an Employee or agent of EIG or its third-party vendors for the purposes of EIG’s or the vendor’s business provided that the personal information is not used for or subject to further, unauthorized disclosure.

2.7 Defining Non-Public Personal Information

Non-public personal information includes:

➔ All personally identifiable financial information (including names, addresses, telephone numbers, social security and other tax identification numbers, financial circumstances and income and account balances); and

➔ Any list, description, or other grouping of customers (and publicly available information pertaining to them) that is derived using any personally identifiable financial information that is not publicly available information – e.g., a list of persons (and their publicly listed telephone numbers) who have disclosed assets or wealth in excess of $1,000,000.00.

2.8 Policy Statement Regarding Use and Treatment of Confidential Information

No confidential information, including non-public personal information, whatever the source, regarding any customer, may be disclosed to anyone except as follows:

➔ To other Employees in connection with EIG’s business.

➔ To an affiliate, but the affiliate may disclose the information only to the same extent as EIG.

➔ To any person expressly authorized by a customer.

➔ To certain of EIG’s outside service providers (including its attorneys, custodians, fund administrators, accountants, brokers and consultants).

➔ To regulators and others when required by law.

➔ To nonaffiliated third parties with whom EIG has a contractual agreement to jointly offer, endorse or sponsor a financial product or service; and to service and maintain customer accounts including effectuating a transaction. Contracts with nonaffiliated third parties creating a joint marketing or servicing agreement with EIG must contain language prohibiting the disclosure of all non-public personal information by the nonaffiliated third party except as necessary to carry out the purpose of the agreement. The General Counsel reviews relevant contracts for inclusion of the requisite disclosure.

2.9 Procedures Regarding Disclosure of Non-public Personal Information

➔ Non-public personal information may not be disclosed to any nonaffiliated third parties unless customers have been previously informed of the disclosure, as required by law.

➔ Non-public personal information may be disclosed to the extent specifically permitted or required under other provisions of law.

➔ Otherwise there may be no disclosure of that information except pursuant to an express disclosure authorization from the customer.

2.10 Penalties for Violation of Procedures

Any violation of the procedures set forth in this Privacy Policy will subject the violating Employee to disciplinary action, including possible termination of employment.

2.11 Questions

Any questions regarding EIG’s policies or procedures with respect to non-public personal information should be directed to the EIG Compliance.

 

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1 EIG Global Energy Partners operates a single advisory business through EIG Management Company, LLC, an investment adviser registered with the Securities and Exchange Commission and a group of related advisers, and EIG Credit Management, LLC, an investment adviser separately registered with the SEC. 

 

 

 

Exhibit A

 

EIG Global Energy Partners

Privacy Notice

December 2018

 

What You Should Know

At EIG Global Energy Partners (“EIG”), we recognize the importance of keeping information about you secure and confidential. We do not sell or share your non-public personal and financial information with marketers or others outside our affiliated group of companies.

We carefully manage information among our affiliated group of companies to safeguard your privacy and to provide you with consistently excellent service.

We are providing this notice to you to comply with the requirements of Regulation S-P, Privacy of Consumer Financial Information, issued by the United States Securities and Exchange Commission.

Our Privacy Policy

EIG and each of the pooled investment vehicles, separately managed accounts and companies for which we serve as investment adviser or sub-adviser (collectively, the “Investment Funds”) are committed to protecting the non-public personal and financial information of our customers and consumers who obtain or seek to obtain financial products or services primarily for personal, family or household purposes. We fulfill our commitment by establishing and implementing policies and systems to protect the security and confidentiality of this information.

We limit access to non-public personal and financial information about you to those EIG personnel who need to know the information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards to protect your non-public personal and financial information.

Categories of Information We Collect

We may collect the following types of non-public personal and financial information about you from the following sources:

➔ Your name, address and identifying numbers (including your Social Security number), and other personal and financial information, from you and from identification cards and papers you submit to us, on applications, subscription agreements or other forms or communications.

➔ Information about your account balances and financial transactions with us, our affiliated entities, or nonaffiliated third parties, from our internal sources, from affiliated entities and from nonaffiliated third parties.

➔ Information about your account balances and financial transactions and other personal and financial information, from consumer credit reporting agencies or other nonaffiliated third parties, to verify information received from you or others.

Categories of Information We Disclose to Non-Affiliated Third Parties

We may disclose your name, address and account and other identifying numbers, as well as information about your pending or past transactions and other personal financial information, to nonaffiliated third parties as necessary to administer and service the Investment Funds in which you are invested, to market our products and services through joint marketing arrangements or as otherwise permitted under certain regulatory exemptions.

For example, we may disclose non-public personal and financial information concerning you to law enforcement agencies, federal regulatory agencies, self-regulatory organizations or other nonaffiliated third parties, if required or requested to do so by a court order, judicial subpoena or regulatory inquiry.

We do not otherwise disclose your non-public personal and financial information to nonaffiliated third parties, except where we believe in good faith that disclosure is required or permitted by law. Because we do not disclose your non-public personal and financial information to nonaffiliated third parties except in the limited circumstances described above, our Privacy Policy does not contain opt-out provisions.

Categories of Information We Disclose to Our Affiliated Entities

We may disclose your name, address and account and other identifying numbers, account balances, information about your pending or past transactions and other personal financial information to our affiliated entities for any purpose.

We regularly disclose your name, address and account and other identifying numbers, account balances and information about your pending or past transactions to our affiliates to administer and service the Investment Fund in which you are invested or to market our products and services to you.

Information About Our Former Customers

We do not disclose non-public personal and financial information about former customers to nonaffiliated third parties unless required or requested to do so by a court order, judicial subpoena or regulatory inquiry, or otherwise where we believe in good faith that disclosure is required or permitted by law.

 

 

Supplement for Australian Investors

We are providing this Supplemental Notice to you to comply with the requirements of The Privacy Act 1988 (“Privacy Act”) which is an Australian law which regulates the handling of personal information about individuals.

We may from time to time transfer personal information outside Australia in accordance with the Privacy Act to countries whose privacy laws do not provide the same level of protection as Australia’s privacy laws. For example, we may transfer your personal information to the Asia-Pacific, European Union or the United States of America. We may also use cloud storage and IT servers that are located offshore.

Access to your Personal Information

We will provide you with access to the personal information we hold about you, subject to limited exceptions as outlined below. You may request access to any of the personal information we hold about you, at any time.

To access personal information that we hold about you, use the contact details specified below.

Updating your Personal Information

It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed.

If you consider that any information we hold about you is incorrect, you should contact us to have it updated. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.

Denied Access to Personal Information

There may be situations where we are not required to provide you with access to your personal information. For example, if giving access would be unlawful.

An explanation will be provided to you if we deny you access to your personal information we hold.

Further Information and Complaints

You may request further information about the way we manage your personal information or lodge a complaint by contacting our Privacy Officer on the contact details below.

You can contact us by calling us on +1 202.600.3300 or by writing to:

The Privacy Officer
C/O Chief Compliance Officer
EIG Global Energy Partners
1700 Pennsylvania Ave NW
Suite 800
Washington, DC 20006

 

 

Supplement for EU Investors

We are providing this Supplemental Notice to you to comply with the requirements of Regulation (EU) 2016/679 (“GDPR”) which is an EU law which regulates the handling of personal information about individuals.

Your Rights

Subject to certain conditions and limitations provided for by applicable law, you have the right:

i. to access and receive a copy of the personal information we hold about you, free of charge, with a time limit of one month to respond;

ii. to rectify any personal information held about you that is inaccurate or incomplete;

iii. to request the erasure of personal data held about you without undue delay when the use or other processing of such personal data is no longer necessary for the purposes for which is was collected or otherwise processed, and in certain other circumstances;

iv. to restrict the processing of your personal data by us; and

v. to request receipt or transmission to another organization, in a machine-readable form, of the personal information data that you have provided to us where we are using your personal data.

From time to time we may ask you to confirm the accuracy of your personal data.

Our lawful basis for processing your Personal Information

We are obliged under the GDPR to specify the lawful basis on which we may process your personal information. Depending on the circumstances, the lawful basis will be because the processing is necessary either:

i. for the purposes of the performance of contractual obligations with customers and consumers;

ii. for compliance with legal and regulatory obligations, such as applicable company and financial laws and other legal obligations applicable to us; or

iii. for the purposes of our legitimate interests, such as maintaining relations with customers; facilitating the on-going administration and operation of our business; marketing and promoting products and services; protecting against, identifying and preventing fraud and other unlawful activity; complying with requests from regulatory, law enforcement or other government agencies; and investigating and responding to complaints.

Further Information and Complaints

You may request further information about the way we manage your personal information, make a request to exercise your rights or lodge a complaint by contacting our Privacy Officer on the contact details below.

You can contact us by calling us on +1 202.600.3300 or by writing to:

The Privacy Officer
C/O Chief Compliance Officer
EIG Global Energy Partners
1700 Pennsylvania Ave NW
Suite 800
Washington, DC 20006

This is without prejudice to your right to file a complaint with the competent data protection authority in the EU member state in which you reside.

Retention Periods

We will retain your personal data for as long as we reasonably require it for the purposes specified in this Privacy Notice, unless a longer period is required under applicable law or is needed to resolve disputes or establish, defend or exercise our legal rights. We will retain personal data for at least as long as our relationship continues, other than where we receive a valid request from you to delete your personal data. In determining data retention periods, we consider local laws, regulatory requirements and guidance, as well as contractual obligations and your reasonable expectations and requirements.

Transfers outside the European Economic Area

Your personal information will be stored outside the European Economic Area, which may be in the USA or other countries which may not be considered by the European Commission to offer an equivalent level of protection of personal data as the level afforded in the European Union. Personal data transferred to countries outside of the EEA will, where possible, be protected by appropriate safeguards.