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c. unauthorized access to, unauthorized use of, repudiation of access to, tampering with or
<br /> introduction of malicious code into: firmware, data, software, systems or networks;
<br /> d. identity theft or disclosure of nonpublic personal information; or
<br /> e. disclosure of third party corporate confidential information; and
<br /> 2. the improper collection, control, or use of nonpublic personal information.
<br /> • specified insured means:
<br /> 1. any named insured including the spouse and/or domestic partner of a named insured that is an
<br /> individual;
<br /> 2. any past or present partner, executive officer, or any individual in an equivalent position of a
<br /> named insured, including but not limited to individuals that hold management positions similar to
<br /> an executive officer for any named insured that does not have a charter, constitution, by-laws
<br /> or any other similar governing document;
<br /> 3. any individual responsible for the insurance, legal, or financial matters of the named insured
<br /> including but not limited to General Counsel, Risk Manager, or Insurance Manager of the named
<br /> insured;
<br /> 4. any member of the named insured that could be afforded coverage under this policy; or
<br /> 5. the executors, administrators or legal representatives of 1, 2, 3, or 4 listed above in the event of a
<br /> death, incapacitation or bankruptcy of 1, 2, 3 or 4 listed above; but this only applies while
<br /> performing their duties as such.
<br /> specified insured does not include any rogue employee.
<br /> • subsidiary means any corporation of which the first named insured owns, directly or indirectly,
<br /> more than fifty percent (50%) of the issued and outstanding voting stock. The stock must be owned
<br /> by the first named insured on the Start Date shown in the Declarations of this policy.
<br /> 1. Subsidiary also includes any corporation which becomes a subsidiary during the policy period,
<br /> provided that as soon as practical, but no later than within ninety (90) days of its becoming a
<br /> subsidiary, you have:
<br /> a. provided us with full details of the new subsidiary including a completed and signed
<br /> subsidiary application and any other underwriting information we may require;
<br /> b. agreed to and paid any additional premium related to the subsidiary; and
<br /> c. agreed to any change in the terms and conditions of this policy required by us relating to the
<br /> new subsidiary.
<br /> 2. This policy does not apply to any claim or first party expense arising from or involving a
<br /> subsidiary for any wrongful act, cyber extortion threat, network intrusion, or network
<br /> outage that was committed when the first named insured did not own directly or indirectly more
<br /> than fifty percent (50%) of the issued and outstanding voting stock of the subsidiary.
<br /> • technology services means the following services performed for others for a fee or remuneration:
<br /> 1. consulting, analysis, design, installation, training, maintenance, support and repair of or on:
<br /> software, wireless applications, firmware, shareware, networks, systems, hardware, devices or
<br /> components;
<br /> 2. integration of systems;
<br /> 3. processing of, management of, mining or warehousing of data;
<br /> 4. administration, management, operation or hosting of: another party's systems, technology or
<br /> computer facilities;
<br /> 5. website development; website hosting;
<br /> 6. internet access services; intranet, extranet or electronic information connectivity services;
<br /> software application connectivity services;
<br /> 7. manufacture, sale, licensing, distribution, or marketing of: software, wireless applications,
<br /> firmware, shareware, networks, systems, hardware, devices or components;
<br /> 8. design and development of: code, software or programming;
<br /> 9. providing software application: services, rental or leasing;
<br /> FS 00 0003 00 1016 FailSafe GIGA° Release 4.0 Page 10 of 20
<br /> 2-50002 ©2016, The Hartford
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