Page 130 - Hollard Business Policy - Binder

Cyber Insurance (Claims-made Basis)
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;
5. trademark infringement through the containment or display of goods, products or services;
6. divulging of trade secrets;
7. Digital Multimedia Activities performed on internal message boards or messaging systems;
8. errors in financial data published or publicised by the Insured;
9. any other intellectual property except to the extent covered by 1, 2 or 3
Insured
1. the Insured Organisation;
2. Subsidiaries of the Insured Organisation; and
3. Insured Person
Insured Organisation
Insured Person
1. any past or present director, officer, trustee, employee (whether temporary or part-time), partner, or principal of the Insured Organisation or a Subsidiary, but only while acting on behalf of or in the interest of the Insured Organisation or a Subsidiary;
2. independent contractors of the Insured Organisation or of a Subsidiary who are natural persons, but only with respect to Wrongful Acts within the scope of such person’s duties performed on behalf of the Insured Organisation or of a Subsidiary; and
3. any entity required by contract to be named an Insured under this Section and consented to in writing by the Company, but only for acts as detailed under the relevant Defined Event
Loss
1. Claim Expenses resulting directly from a Claim;
2. amounts which the Insured is legally obligated to pay resulting directly from a Claim in respect of:
2.1 judgments or awards rendered against the Insured;
2.2 regulatory fines, penalties or punitive damages imposed by
a governmental regulatory body, to the extent payable and insurable under the law governing the Insured’s operations; or
2.3 settlements which have been approved or negotiated by the Company
those organisations designated in the Schedule
Page | 128 Hollard Business Policy – Binder – Version 8 2024