Page 149 - Agriculture Policy Wording Binder

Cyber Insurance (Claims-made Basis)
Cyber Extortion Loss (continued)
PROVIDED THAT:
1. the Cyber Extortion Loss shall not exceed the covered Expenses that the Insured would have incurred had the Cyber Extortion Payment not been paid;
2. Cyber Extortion Loss does not include any matters deemed uninsurable under the law governing the jurisdiction where the Insured has operations
Cyber Extortion Payment
Cyber Extortion Threat
Data
Deductible
Denial of Service Attack
Digital Multimedia Activities
Downstream Attack
Expenses
First Party Expenses
the following reasonable and necessary costs and expenses incurred by the Insured within 1 (one) year of the Insured notifying the Company of the Wrongful Act:
1. to restore, re-collect, or replace Data. If Data cannot be restored, re-collected or replaced, the actual costs incurred up to such determination;
2. of specialists, investigators, forensic auditors, or loss adjusters to conduct
a review to substantiate that a Network Security Breach occurred, or to determine the scope, cause or extent of any theft or unauthorised disclosure of information or Data or Privacy Breach;
3. reasonable and necessary costs and expenses incurred by the Insured to contain the Network Security Breach; including the use of external equipment, services, labour, premises or additional operating costs
Harmful Act
the following acts committed or attempted on or after the Retroactive Date, resulting directly from the Insured’s Digital Multimedia Activities:
1. defamation;
2. unintentional infringement of copyright, domain name, title, slogan, trademark, trade name, service mark, service name or license agreement and unintentional infliction of trade duress;
3. unintentional invasion, infringement, or interference with rights to privacy or publicity, including public disclosure of private facts, intrusion and commercial appropriation of name or likeness
Harmful Act does not include the Insured’s actual or alleged:
1. copyright infringement in relation to software, source code or software license;
2. discrimination;
3. restraint of trade, deceptive trade practices, unfair competition or antitrust violations;
4. infringement or publication, display, copying, theft or misappropriation of any proprietary information by, or with the active involvement of any Insured;
funds or property paid with the Company’s prior consent to terminate a Cyber Extortion Threat
a credible threat (accompanied by a demand for funds or property), directed at the Insured to intentionally introduce Malicious Code to, carry out a Denial of Service Attack against, or commit a Theft of Data from the Insured’s Computer System
the Insured’s machine readable information the first amount payable by the Insured
deliberate attack on the Insured’s Computer System which restricts or prevents access by persons authorised to access same
the publication or broadcast by the Insured of any digital media content
use of the Insured’s Computer System to attain Unauthorised Use of or Unauthorised Access to, participate in a Denial of Service Attack against or transmit Malicious Code to a foreign Computer System
all Claim Expenses, Crisis Management Expenses, Notification Expenses, First Party Expenses, Loss of Business Income and Cyber Extortion Loss
Policy Wording – Agriculture – Binder – Version 2 2023 Page | 147