Exhibit (h)(2)
Privacy Addendum
Dated August 17, 2001
To the
Management and Administration Agreement
Dated November 1, 2000
between
One Group Mutual Funds
and
One Group Administrative Services, Inc.
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PRIVACY ADDENDUM TO
Management and Administration Agreement
This Privacy Addendum ("Addendum") to the Management and Administration
Agreement dated November 1, 2000, ("Agreement") between One Group Mutual Funds
("One Group") and One Group Administrative Services, Inc. (the "Administrator"),
is made as of the 17th day of August, 2001.
WHEREAS, One Group is a diversified, open-end management investment company
registered under the Investment Company Act of 1940; and
WHEREAS, the Administrator is a Delaware corporation and the Administrator
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 Administrator 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
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and shall continue for so long as the Agreement between One Group and
Administrator 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
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transactions, Administrator 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, 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. Administrator shall not disclose such Confidential
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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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Administrator 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
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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
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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: /s/ Xxxxxx X. Xxxxx
-----------------------------------
Title: Vice President & Treasurer
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ONE GROUP ADMINISTRATIVE SERVICES, INC.
By: /s/ Xxxx X. Xxxxxx
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Title: President
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