Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, sales, administration, product communication, relationship management, storage, compilation and analysis of customer-related data, and other functions (the “Centralized Functions”) in one or more affiliates, subsidiaries and third-party service providers. Solely in connection with the Centralized Functions, (i) the Fund consents to the disclosure of and authorizes the Custodian to disclose information regarding the Fund and the Accounts (“Customer-Related Data”) to the BNY Mellon Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian with respect to such information and (ii) the Custodian may store the names and business contact information of the Fund’s employees and representatives on the systems or in the records of the BNY Mellon Group or its service providers. The BNY Mellon Group may aggregate anonymized Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies Customer-Related Data with the Fund or any Fund affiliate. The Fund confirms that it is authorized to consent to the foregoing and that the disclosure and storage of information in connection with the Centralized Functions does not violate any relevant data protection legislation. Nothing in the foregoing shall alleviate the Custodian of its confidentiality and data protection obligations and liabilities hereunder.
Appears in 1 contract
Sources: Custody Agreement (TCW Funds Inc)
Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, sales, administration, product communication, relationship management, storage, compilation and analysis of customer-related data, and other functions (the “Centralized Functions”) in one or more affiliates, subsidiaries and third-party service providers. Solely in connection with the Centralized FunctionsFunctions and notwithstanding any other inconsistent provision in this Agreement, (i) the Fund consents to the disclosure of and authorizes the Custodian BNY Mellon to disclose information regarding the Fund and the Accounts (“Customer-Related Data”) to the BNY Mellon Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian with respect to such information and (ii) the Custodian BNY Mellon may store the names and business contact information of the Fund’s employees and representatives on the systems or in the records of the BNY Mellon Group or its third party service providers. The Notwithstanding any other inconsistent provision in this Agreement, the BNY Mellon Group may aggregate anonymized Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, Group and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the within BNY Mellon Group or to third parties such aggregated data in a format that identifies Customer-Related Data with the Fund or any Fund affiliateFund. The Fund confirms that it is authorized to consent Subject to the foregoing and that terms of this paragraph, BNY Mellon will employ reasonable safeguards designed to protect the confidentiality of Customer-Related Data which are appropriate to the type of information concerned. In the event of a known unauthorized disclosure of the Fund’s account holdings or transaction information (i) BNY Mellon will notify the Fund promptly upon learning of such disclosure and storage of information in connection with relevant facts relating thereto as known at the Centralized Functions does not violate any relevant data protection legislation. Nothing in time, (ii) BNY Mellon will keep the foregoing shall alleviate Fund informed as to the Custodian progress of its confidentiality investigation and data protection obligations response with respect to such disclosure and liabilities hereunder(iii) BNY Mellon will conduct a root cause analysis of the reasons for and circumstances of such disclosure and will use reasonable efforts to implement measures designed to prevent a reoccurrence of a disclosure of a similar nature.”
Appears in 1 contract
Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, sales, administration, product communication, relationship management, storage, compilation and analysis of customer-related data, and other functions (the “Centralized Functions”) in one or more affiliates, subsidiaries and third-party service providers. Solely in connection with the Centralized Functions, (i) the Fund consents to the disclosure of and authorizes the Custodian to disclose information regarding the Fund and the Accounts (“Customer-Related Data”) to the BNY Mellon Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian with respect to such information and (ii) the Custodian may store the names and business contact information of the Fund’s employees and representatives on the systems or in the records of the BNY Mellon Group or its service providers. The BNY Mellon Group may aggregate anonymized Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies Customer-Related Data with the Fund or any Fund affiliate. The Fund confirms that it is authorized to consent to the foregoing and that the disclosure and storage of information in connection with the Centralized Functions does not violate any relevant data protection legislation. Nothing in the foregoing shall give BNY Mellon Group any rights in or to Customer-Related Data or any other information provided by Fund hereunder, nor shall it alleviate the Custodian of its confidentiality and data protection obligations and liabilities hereunder.
Appears in 1 contract
Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, sales, administration, product communication, relationship management, storage, compilation and analysis of customer-related data, and other functions (the “Centralized Functions”) in one or more affiliates, subsidiaries and third-party service providers. Solely in connection with the Centralized FunctionsFunctions and notwithstanding any other inconsistent provision if this Agreement, (i) the Fund consents to the disclosure of and authorizes the Custodian BNY Mellon to disclose information regarding the Fund and the Accounts (“Customer-Related Data”) to the BNY Mellon Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian with respect to such information and (ii) the Custodian BNY Mellon may store the names and business contact information of the Fund’s employees and representatives on the systems or in the records of the BNY Mellon Group or its third party service providers. The Notwithstanding any other inconsistent provision in this Agreement, the BNY Mellon Group may aggregate anonymized Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, Group and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies Customer-Related Data with the Fund or any Fund affiliateFund. The Fund confirms that it is authorized to consent Subject to the foregoing and that terms of this paragraph, BNY Mellon will employ reasonable safeguards designed to protect the confidentiality of Customer-Related Data which are appropriate to the type of information concerned. In the event of a known unauthorized disclosure of the Fund’s account holdings or transaction information (i) BNY Mellon will notify the Fund promptly upon learning of such disclosure and storage of information in connection with relevant facts relating thereto as known at the Centralized Functions does not violate any relevant data protection legislation. Nothing in time, (ii) BNY Mellon will keep the foregoing shall alleviate Fund informed as to the Custodian progress of its confidentiality investigation and data protection obligations response with respect to such disclosure and liabilities hereunder(iii) BNY Mellon will conduct a root cause analysis of the reasons for and circumstances of such disclosure and will use reasonable efforts to implement measures designed to prevent a reoccurrence of a disclosure of a similar nature.”
Appears in 1 contract
Sources: Co Administration and Accounting Services Agreement (PNC Funds)
Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, sales, administration, product communication, relationship management, storage, compilation and analysis of customer-related data, and other functions (the “Centralized Functions”) in one or more affiliates, subsidiaries and third-party service providers. Solely in connection with the Centralized FunctionsFunctions and notwithstanding any other inconsistent provision if this Agreement, (i) the Fund consents to the disclosure of and authorizes the Custodian BNYM to disclose information regarding the Fund and the Accounts (“Customer-Related Data”) to the BNY Mellon Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian with respect to such information and (ii) the Custodian BNYM may store the names and business contact information of the Fund’s employees and representatives on the systems or in the records of the BNY Mellon Group or its third party service providers. The Notwithstanding any other inconsistent provision in this Agreement, the BNY Mellon Group may aggregate anonymized Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, Group and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies Customer-Related Data with the Fund or any Fund affiliateFund. The Fund confirms that it is authorized to consent Subject to the foregoing and that terms of this paragraph, BNY Mellon will employ reasonable safeguards designed to protect the confidentiality of Customer-Related Data which are appropriate to the type of information concerned. In the event of a known unauthorized disclosure of the Fund’s account holdings or transaction information (i) BNYM will notify the Fund promptly upon learning of such disclosure and storage of information in connection with relevant facts relating thereto as known at the Centralized Functions does not violate any relevant data protection legislation. Nothing in time, (ii) BNYM will keep the foregoing shall alleviate Fund informed as to the Custodian progress of its confidentiality investigation and data protection obligations response with respect to such disclosure and liabilities hereunder(iii) BNYM will conduct a root cause analysis of the reasons for and circumstances of such disclosure and will use reasonable efforts to implement measures designed to prevent a reoccurrence of a disclosure of a similar nature.
Appears in 1 contract
Sources: Transfer Agency and Shareholder Services Agreement (PNC Funds)
Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that includes BNY and provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “"BNY Mellon Group”"). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, regulatory reporting, sales, administration, product communicationoperations, technology services, product, client and client-customer communications, relationship management, storagestorage and record retention, compilation and analysis of customer-related data, and other functions (the “"Centralized Functions”") in one or more affiliatesAffiliates and subsidiaries of the BNY Group, subsidiaries joint ventures and third-party service providersproviders (the "Centralized Providers"). Solely Notwithstanding any other provision of the Agreement and subject to the confidentiality obligations herein, the Fund consents to the foregoing centralization of functions, the receipt of services hereunder through the Centralized Functions, BNY's disclosure of Fund information, including Fund Confidential Information, to the Centralized Providers, BNY’s use of such information in connection with the Centralized Functions, (i) and BNY's storage of names and business addresses of Fund employees and employees of its Affiliates and sponsors with the Centralized Providers. In addition, the Fund consents to the disclosure BNY's use of Fund Confidential Information to analyze and authorizes the Custodian to disclose information regarding the Fund improve product and the Accounts (“Customer-Related Data”) service performance and for internal research and development activities, and to the BNY Mellon Group's aggregation of Fund Confidential Information on an fully anonymized basis with other similar client data for product and service development and distribution, for general marketing purposes and for producing market or similar analysis for its clients. The BNY Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian shall possess all ownership rights with respect to such information and (ii) the Custodian may store the names and business contact information of the Fund’s employees and representatives on the systems or in the records of the BNY Mellon Group or its service providersaggregated anonymized data. The BNY Mellon Group may aggregate anonymized Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies Customer-Related Data data with the any Fund or the Funds collectively, or any Fund affiliateshareholder(s) of a Fund. The Fund confirms that it is authorized Use of Centralized Providers pursuant to consent to this Section 19(r) shall not relieve BNY of any of its obligations or liabilities hereunder and BNY shall remain responsible for the foregoing and that the disclosure and storage conduct of information in connection with the Centralized Functions does not violate any relevant data protection legislation. Nothing in the foregoing shall alleviate the Custodian of its confidentiality and data protection obligations and liabilities hereunderProviders.
Appears in 1 contract
Sources: Transfer Agency and Shareholder Services Agreement (Guggenheim Investments Private Credit Fund)
Centralized Functions. The Bank of New York Mellon Corporation is a global financial organization that includes BNYM and provides services to clients through its affiliates and subsidiaries in multiple jurisdictions (the “BNY Mellon Group”). The BNY Mellon Group may centralize functions including audit, accounting, risk, legal, compliance, regulatory reporting, sales, administration, product communicationoperations, technology services, product, client and client-customer communications, relationship management, storagestorage and record retention, compilation and analysis of customer-related data, and other functions (the “Centralized Functions”) in one or more affiliatesAffiliates and subsidiaries of the BNY Mellon Group, subsidiaries joint ventures and third-party service providersproviders (the “Centralized Providers”). Solely Notwithstanding any other provision of the Agreement and subject to the confidentiality obligations herein, the Company consents to the foregoing centralization of functions solely with respect to the subject matter of this Agreement, the receipt of services hereunder through the Centralized Functions, and in connection therewith BNYM’s disclosure of Company information, including Company Confidential Information, to the Centralized Providers, BNYM’s use of such information in connection with the Centralized Functions, (i) the Fund consents to the disclosure and BNYM’s storage of and authorizes the Custodian to disclose information regarding the Fund and the Accounts (“Customer-Related Data”) to the BNY Mellon Group and to its third-party service providers who are subject to confidentiality obligations equal in scope to those contained in this Agreement and data protection and cyber security measures equal to or exceeding those of the Custodian with respect to such information and (ii) the Custodian may store the names and business contact information addresses of the Fund’s Company employees and representatives employees of its affiliates and sponsors with the Centralized Providers. In addition, BNYM may use Company’s Confidential Information pursuant to this Agreement to analyze and improve product and service performance and for internal research and development activities, and may aggregate Company’s Confidential Information pursuant to this Agreement on an anonymized basis with other similar client data for BNYM’s and its Affiliates’ product development and distribution and marketing and thought leadership purposes provided that in any such case Company Confidential Information cannot be identified with the systems Company, a Fund or in the records of the BNY Mellon Group a Shareholder, or its service providersderived, from any such aggregated and anonymized data. The BNY Mellon Group may aggregate shall possess all ownership rights with respect to such aggregated anonymized Customer-Related Data with other data collected and/or calculated by data. Notwithstanding the BNY Mellon Groupforegoing, and notwithstanding anything nothing in this Agreement Section 20(r) shall have the effect of transferring any right or obligation of BNYM to any other entity, including Affiliates, nor have the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data effect of relieving BNYM of any obligations or restrictions set forth in a format that identifies Customer-Related Data other sections of this Agreement.
(f) The defined term “Authorized Person” in Schedule A is deleted and replaced in its entirety with the Fund or any Fund affiliate. The Fund confirms that it is authorized to consent to the foregoing and that the disclosure and storage of information in connection with the Centralized Functions does not violate any relevant data protection legislation. Nothing in the foregoing shall alleviate the Custodian of its confidentiality and data protection obligations and liabilities hereunder.following:
Appears in 1 contract
Sources: Sub Transfer Agency and Shareholder Services Agreement (Virtus Opportunities Trust)