Exhibit (g)(2)
Form of Privacy Addendum
To
Custody Agreement
Dated April 11, 2001
Between
One Group Mutual Funds
And
State Street Band and Trust Company
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PRIVACY ADDENDUM TO
Custodian Agreement
This Privacy Addendum ("Addendum") to the Custodian Agreement
("Agreement") dated April 11, 2001, between One Group Mutual Funds ("One Group")
and State Street Bank and Trust Company (the "Custodian"), is made as of the
__st day of __________, 2001.
WHEREAS, One Group is a diversified, open-end management investment
company registered under the Investment Company Act of 1940; and
WHEREAS, the Custodian is a Massachusetts trust company and the
custodian for One Group;
NOW THEREFORE, in consideration of the mutual premises and covenants
herein set forth, the parties agree as follows:
1) To protect the confidentiality of information, or access to information,
about One Group customers, as may be necessary or required by law or
regulation, One Group and the Custodian wish to amend the Agreement to
include the confidentiality and non-disclosure obligations set forth below.
2) Term. This Addendum shall become effective on the date first written above
and shall continue for so long as the Agreement between One Group and
Custodian remains in effect. This Addendum shall bind and inure to the
benefit of the successors and assigns of the parties. The obligation to
maintain confidentiality under paragraph 3 shall survive the termination of
this Addendum.
3) Confidentiality. In the course of processing and/or servicing shareholder
transactions, Custodian may acquire access to One Group shareholder
information or consumer information generally (collectively, "Customer
Information") including, but not limited to, nonpublic personal information
such as a customer's name, address, telephone number, bank account
information, account relationships, account balances and account histories.
All information, including Customer Information, obtained in processing
and/or servicing transactions shall be considered confidential
("Confidential Information").
4) Limitation on reuse. Custodian shall not disclose such Confidential
Information to any other person or entity or use such Confidential
Information other than as necessary, in the ordinary course of business,:
a) to effect or administer a shareholder transaction;
b) as authorized or requested by a shareholder; or
c) as required or permitted by any provision of Regulation S-P.
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Custodian shall not directly or through an affiliate, disclose an
account number or similar form of access number or access code for an
account for use in telemarketing, direct mail marketing, or marketing
through electronic mail, except as permitted in Section 248.12 of
Regulation S-P.
5) Headings. Paragraph headings in this Addendum are included for convenience
only and are not to be used to construe or interpret this Agreement.
6) Governing Law. This Addendum shall be governed by, and provisions shall be
construed in accordance with, the laws of the State of Ohio.
7) Limitation of Responsibility. The names "One Group(R) Mutual Funds" and
"Trustees of One Group Mutual Funds" refer respectively to the Trust
created and the Trustees, as trustees but not individually or personally,
acting from time to time under a Declaration of Trust dated May 23, 1985,
as amended and restated February 18, 1999, to which reference is hereby
made and a copy of which is on file at the office of the Secretary of the
Commonwealth of Massachusetts and elsewhere as required by law, and to any
and all amendments thereto so filed or hereafter filed. The obligations of
One Group entered into in the name or on behalf thereof by any of the
Trustees, representatives or agents are made not individually, but in such
capacities, and are not binding upon any of the Trustees, shareholders or
representatives of the Trust personally, but bind only the assets of the
Trust, and all persons dealing with any series of shares of the Trust must
look solely to the assets of the Trust belonging to such series for the
enforcement of any claims against the Trust.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be
fully executed as of the day and year first written above.
ONE GROUP MUTUAL FUNDS
By:_____________________________________
Title:__________________________________
STATE STREET BANK AND TRUST COMPANY
By:_____________________________________
Title:__________________________________
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