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3. "Electronic Data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, �. tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 4. "Network Security or Data Breach Event" means: a. Transmission of malware from your "computer system" to a third party; b. The inability of an authorized user to access your website or your "computer system" because of a denial of service attack; or c. A "privacy event". As used in this definition, a denial of service attack means a malicious attack intended by the perpetrator to overwhelm the capacity of your "computer system" or website by sending an excessive volume of "electronic data" to such "computer system" or website in order to prevent authorized access to it. 5. 'Personally identifiable information" means any: a. Individual's name in combination with any one or more of the following: (1) Social security number, (2) Drivers license number or any other state identification number; (3) Medical or healthcare data including protected health information; (4) Any account number, credit card number or debit card number; (5) Any account relationships, account balances or account histories; or (6) Any password, access code or other security code that would permit access to a financial account. b. Non-public personal information as defined in any part of the following statutes or regulations which regulate the use and protection of non-public personal information (as defined in such statutes or regulations): (1) Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rules and regulations promulgated thereunder, as amended; (2) Gramm -Leach Bliley Act of 1999 (GLBA) and the rules and regulations promulgated thereunder, as amended; or (3), Other state; feaeraior iocai privacy iavirs requiring �easonabie`sec`urity within a 'computer system for non-public personal information, or a privacy policy limiting the sale, disclosure or sharing of non- public personal information or providing individuals with the' right to access or collect non-public personal information. 6. "Privacy Event" means: a. Unauthorized disclosure of, loss of, theft of, or unintentional delivery or exposure to others of "personally identifiable information" or "confidential corporate information" which is in the insured's care, custody or control. Such disclosure, loss, theft or unintentional delivery or exposure to others is limited to information obtained or released directly from your "computer system"; or b. Failure by you to disclose or warn of actual or potential disclosure or misappropriation of "personally identifiable information" or "confidential corporate information", but only if this endorsement covers such disclosure or misappropriation and it resulted directly from a. above; or c. Violation or the investigation of a violation of any federal, state or local privacy statute addressing disclosure or misappropriation of "personally identifiable information" or "confidential corporate information", but only if this endorsement covers such disclosure or misappropriation and it resulted directly from a. above. 7. "Privacy Event Mitigation Expense" means: a. Reasonable and necessary fees and expenses for: (1) An outside vendor to conduct a computer forensic analysis with reasonable allocation of time and resources to investigate your "computer system" to determine the cause and extent of a "privacy event'; (2) An approved crisis management or legal firm to review the "privacy event" and advise you on the appropriate response; (3) Travel by directors, executive officers, partners or employees of the insured which is done to mitigate damage from the "privacy event"; (4) Printing, advertising, mailing of materials or other costs to provide notice to affected parties of a "privacy event" for the purposes of maintaining good will or compliance with any notification requirements imposed by law; and GL 4000 10 16 McNeil & co.. 2016 Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 114