Regulatory Disclosures

Regulatory Disclosure Statement

The U.S. Securities and Exchange Commission ("SEC"), the Financial Industry Regulatory Authority, Inc. ("FINRA"), and other regulators have various rules and regulations that require broker-dealers to disclose certain policies and procedures including, but not limited to, client identification, business continuity and investor protection. In accordance with these various regulatory requirements and industry best practices, and to give its clients transparency into the Firm's policies and procedures, EnergyNet.com, LLC. ("EnergyNet" or the "Firm") is providing the following regulatory disclosures to its clients.


Regulation S-P

Your Privacy Is Our Policy

This Privacy Policy explains EnergyNet.com, LLC's polices regarding the collection, storage, protection and disclosure of nonpublic personal and financial data provided by customers. In this document, EnergyNet.com, LLC is collectively referred to as "we," "us," and "our." EnergyNet's customers, referred to as you or your may include individuals, businesses, or representatives of any such entity.

EnergyNet.com, LLC is committed to protecting our customer personal and financial information. In the course of providing our services, we collect and maintain certain nonpublic personal information as necessary to provide the products or services or as required by law or regulatory compliance.

EnergyNet.com, LLC does not disclose any nonpublic personal information about current or former customers to any nonaffiliated third parties, except as required by law or as described below.

Nonpublic personal information collected

When you enter our website, we automatically collect and store certain information such as:

  • Your IP address and domain name.
  • The type of browser and operating system you use.
  • The time of your visit.
  • The pages of our site you visit.

This information is used for administrative and technical purposes. Such purposes could include counting the number of visitors to our site and individual pages within the site, determining referral sources to our website, assessing the technology used to access our site, and assisting with site maintenance.

When you open an account with us we collect the following types of information:

  • Information you provide online and on applications or other forms, or through discussions we have with you or your representatives, such as your name, address, date of birth, employment information, investment experience, and any information about you or your company's investment objectives.
  • Information about your transactions with or through us, such as your bid allowance, bid history, proxy bid amounts, purchase history, and payment history, if applicable.
  • Information you provide in order to electronically sign EnergyNet.com, LLC account agreements such as Social Security number, company tax identification number, or beneficial ownership information.
  • Information about you or your company disclosed by you or your financial institutions necessary to establish your bid allowance.
  • Information about you from consumer-reporting agencies or other financial regulatory agencies.
Disclosure of nonpublic personal information

We may disclose nonpublic personal information we collect only as necessary to enforce the terms and conditions and provide services in accordance with the EnergyNet.com, LLC Buyer's Agreement to Purchase Properties and the EnergyNet.com, LLC Seller's Agreement. This disclosure can include but is not limited to information required in order to record the transfer of assignment with county, state, or federal public land agencies. State and county laws determine the extent of the information that may be required and the extent to which this information may be made publicly available.

We may disclose information that we collect from you such as your name and contact information to nonaffiliated third parties that perform services, such as mailing, marketing or market research, on our behalf. For example, we may provide your name and address to service providers who send mail to you on our behalf.

We require that all entities with which we share your nonpublic personal information, including companies that process or service transactions for us, agree to keep your information confidential. We also prohibit them from using or disclosing your information except for the limited purpose and to the persons for whom disclosure was intended, or as otherwise permitted by law.

We also may disclose information about you to companies that service, maintain, or process for us your transactions and accounts. For example, we may provide information to companies that prepare, fax, mail or e-mail invoices or statements on our behalf.

Please be aware that we are not responsible for the privacy policy or practices of third-parties and their websites. Our Privacy of Consumer Financial Information policy only applies to information we collect from you while you are actively in session with us. If you should link to a third-party website from our website, we strongly encourage you to review and become familiar with that website's privacy policy.

In addition, we disclose nonpublic personal information to nonaffiliated third parties, as permitted or required by law or to cooperate with regulators or law enforcement authorities. These parties include government/regulatory organizations, such as the Internal Revenue Service (IRS) and the Securities and Exchange Commission (SEC), as well as any of the securities exchanges, self-regulatory organizations and states we are registered with and to parties under court order or subpoena that request this information. Disclosures for which you have provided your consent or you have directed us to make are also permitted.

We do not disclose nonpublic personal information about former customers to anyone, except as permitted by law or as required by regulators or law enforcement authorities.

We will not sell your personal information to third-party marketers or any other entity for any purpose without your consent.

We may share your information in a business transfer. As with any other business, we could merge with, or be acquired by, another company. If this occurs, the successor company would acquire the information we maintain, including personally identifiable information. However, personally identifiable information would remain subject to this Privacy of Consumer Financial Information policy.

Confidentiality and security of nonpublic personal information

We maintain physical, electronic, and procedural safeguards that meet or exceed industry standards to guard your nonpublic personal information. We protect your account information by placing it on the secure portion of our web site, using firewalls and other security technology to protect our network and systems from external attacks, and requiring you to enter a unique user name and password to access your account information online. Also, our servers have been enabled with Secure Sockets Layer (SSL) technology to prevent unauthorized intermediate parties from viewing the information that you provide or access during a secure session.

Our employees have access to your nonpublic personal information only on as-needed basis. We conduct regular internal audits of our business procedures, examining confidentiality standards and information access in order to protect your personal information. In addition to our own review, we are subject to periodic compliance review by FINRA.

No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the website, and are not responsible for the actions of any third parties that may receive any such information.

Information security is your responsibility too. It is important as a user to keep your operating system and applications updated with the latest vendor security patches, run antivirus and security software with up-to-date definitions, and exercise safe computing practices.

Use of Cookies

A cookie is a small amount of data which often includes a unique identifier that a web site can send to your web browser and store on your computer. To protect your privacy, web browser security policies only allow a website to access cookies that have been set by the same website. For instance, cookies set by EnergyNet.com may only be accessed by EnergyNet.com web servers. Likewise, EnergyNet.com web servers are not permitted to access cookies stored by other websites.

We use cookies to enhance navigation of our site and to provide security to logged-in users. If you access your account online, cookies are used to securely verify your identity and to personalize aspects of your experience on our web site.

We also use cookies to learn how users navigate our web site so that we can improve our service. We permit certain third party servers to set cookies and use related technology through our web site to track performance of our systems and to collect aggregate data on web page viewing.

If you are worried about the security implications of using cookies you have several options. Most popular browsers can be set to alert you when a cookie is being placed on your computer. You can also set most browsers to reject cookies.

Although many sites can continue to function without the need for a web browser to support or accept cookies, there are security implications with the various workarounds that allow this. Therefore the EnergyNet.com website requires cookies in order to function properly for logged-in users. If you choose to disable use of cookies in your browser, you must configure your browser to allow cookies to be set from the following site group in order to use EnergyNet.com:

https://*.energynet.com/
Customer access to nonpublic personal information

We take measures to ensure that customers' nonpublic personal information is accurate and up-to-date. Regulatory guidelines often require us to update, verify or collect additional information on a periodic basis. You can access and update certain nonpublic personal information that we collect about you. To update your personal information, you may call or write to us at the addresses or phone numbers provided below. You may also log on to our web site using your user name and password. From your Buyer's or Seller's home page, click on one of the links beside the Account Information heading under the Account Status heading and modify the information you want to change. When changes are complete, click Change Your Information.

To provide additional security, certain sensitive information such as your bank information, tax information, or financial profile cannot be accessed or reviewed online even if you are logged in. To update your bank information or request a bid allowance increase or decrease, you must submit bank information via the form on your Buyer's home page. In order to submit a new tax ID or make a change to the legal status of you or your company, you must re-sign the EnergyNet.com Buyer's Agreement to Purchase Properties. You may also update this information by calling or writing us:

EnergyNet.com, LLC
7201 I-40 W. Suite 319
Amarillo, TX 79106
Email: energy@energynet.com
Phone: (806) 351-2953.

For questions regarding our Privacy Statement, please contact us by email or phone.

Vulnerability Disclosure Policy

As trusted broker and partner EnergyNet takes seriously our responsibility to protect customer information, including financial and personal information, from unwarranted disclosure.

Should a vulnerability be discovered, EnergyNet encourages reporting of the vulnerability to the EnergyNet Security team to afford EnergyNet the opportunity to remediate the findings.

You must comply with all applicable Federal, State, and local laws in connection with any security research activities.

Reporting a Vulnerability or Software Bug to EnergyNet

Bug reports, including vulnerability reports may be sent to webmaster@energynet.com. Reports should include a description of the location and potential impact of the issue along with detailed descriptions of the steps required to reproduce the observed behavior. Please contact us prior to sending any sensitive or potentially dangerous information via email, and we will provide an alternate exchange.

Vulnerability Disclosure

EnergyNet is committed to patching vulnerabilities within 90 days or less and disclosing vulnerability details when remediation is complete. Although we do not require coordinated disclosure, we prefer and encourage coordinated disclosure as responsible security practice.

EnergyNet may share vulnerability reports with US-CERT, or affected upstream vendors or projects. We will not share personal information or information about our communications with vulnerability reporters without permission.

Changes to this policy

We may change this Privacy of Consumer Financial Information policy at any time by posting the revised Privacy of Consumer Financial Information policy on the website. The revised Privacy of Consumer Financial Information policy is effective immediately when posted on the website. It is your responsibility to review the website and the Privacy of Consumer Financial Information policy periodically to learn of any revisions to this Privacy of Consumer Financial Information policy. Your continued use of the website after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy of Consumer Financial Information policy.


Our Business Continuity Plan ("BCP")

EnergyNet.com, Inc. has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

Contacting Us

If, after a significant business disruption you cannot contact us as you usually do at 877-351-4488, you should call our alternative number 806-418-0035, email Wildon.Woolley@energynet.com or go to our web site at www.energynet.com.

Our Business Continuity Plan

We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm's books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.

Our Business Continuity Plan addresses:

  • Data back up and recovery
  • All mission critical systems
  • Financial and operational assessments
  • Alternative communications with customers, employees, and regulators
  • Alternate physical location of employees
  • Critical supplier, contractor, bank and counter-party impact
  • Regulatory reporting
  • ...and assuring our customers prompt access to their funds and securities if we are unable to continue our business.
Varying Disruptions

Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the business district where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to only our firm or a building housing our firm, we will transfer our operations to a local site when needed and expect to recover and resume business within 3 days. In a disruption affecting our business district, city, or region, we will transfer our operations to a site outside of the affected area, and recover and resume business within one week. In either situation, we plan to continue in business, transfer operations to another location if necessary, and notify you through our web site www.energynet.com or our customer emergency number, 806-418-0035 on how to contact us. If the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customers prompt access to their funds and securities.

For more information

If you have questions about our business continuity planning, you can contact us at 877-351-4488.


Our Customer Identification Program ("CIP")

In an effort to assist the government in their fight against money laundering and terrorism within the United States, federal law mandates that all financial institutions obtain, verify and record specific information that identifies each person and/or entity that opens an account. When opening an account at EnergyNet.com we are required by law to collect the following information from you:

  • Your name
  • Date of birth
  • Address
  • Social security number or employer identification number, or; if you are a non-U.S. citizen we will require a taxpayer identification number, passport number, country of issuance, alien identification card number or government-issued identification showing nationality, residence and a photograph of you.
  • We also require a copy of your driver's license or passport or any legal document with a photograph of you that has been issued by a state or federal authority.

The Customer Due Diligence Requirements for Financial Institutions Rule (the "CDD Rule") promulgated by the Financial Crimes Enforcement Network ("FinCEN") requires EnergyNet.com to identify and verify the identity of beneficial owners of its legal entity clients. Unless an exemption to the CDD Rule applies, EnergyNet.com is required to obtain from its clients all information and documents required by FinCEN in order to comply with the CDD Rule.


Investor Education and Protection Disclosure (Rule 2267) - FINRA BrokerCheck

FINRA BrokerCheck is a free tool that assists investors by providing background and regulatory information on current and former FINRA member firms and registered representatives. This information can be obtained at brokercheck.finra.org or by calling the FINRA BrokerCheck Hotline toll-free number at 1-800-289-9999. A copy of an investor brochure that includes information describing FINRA BrokerCheck can be obtained by calling the FINRA BrokerCheck Hotline number or accessing the FINRA website.


SIPC Notification (Rule 2266) - Information on the Securities Investor Protection Corporation ("SIPC")

SIPC was created by the Securities Investor Protection Act of 1970 ("SIPA") and its primary purpose is to provide protection within the limits of the SIPA to securities clients of failed brokers or dealers who are members of the SIPC. EnergyNet.com, LLC. is a member of the SIPC. Information on SIPC and the SIPC Brochure is available at www.sipc.org, by contacting SIPC at (202) 371-8300, or by sending an email request to asksipc@sipc.org.


Complaints

In accordance with SEC Rule 17a-3(a)(18)(ii), please be advised that any complaints may be directed to the following:

EnergyNet.com, LLC
ATTN: Wildon Woolley
7201 I-40 W. Suite 319
Amarillo, TX 79106
Email: energy@energynet.com
Phone: (806) 351-2953.
For More Information

If you have any additional questions please contact our Compliance Department at (806) 351-2953.