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<br />TCM-POL-001 (01/19) Page 7 of 16
<br />V.Newly Acquired Entity means any entity formed or acquired by the Named Insured during the Policy Period
<br />and in which the Named Insured has more than 50% of the legal or beneficial interest, provided that if the trailing
<br />12 month revenues for such entity exceed 15% of the Named Insured's annual revenues for the same trailing 12
<br />month period, then only if all of the following conditions are met:
<br />1. within 90 days of the formation of a Newly Acquired Entity, the Named Insured notifies the Insurer in
<br />writing of the details of such merger, acquisition, or newly created joint venture or partnership;
<br />2. the Named Insured agrees to any changes in terms and conditions of this Policy related to the Newly
<br />Acquired Entity including, but not limited to, the payment of additional premium, if any, charged by the
<br />Insurer; and
<br />3. the Insurer has issued a written endorsement specifically noting the addition of the Newly Acquired Entity
<br />as a covered Insured under this Policy.
<br />W.Notice Requirements means the requirements described in Section VIII. of this Policy.
<br />X.Policy Period means the length of time between the effective date shown in Item 2. of the Declarations and the
<br />earlier of:
<br />1. the expiration date shown in Item 2. of the Declarations; or
<br />2. the cancellation date of this Policy.
<br />Y.Privacy Law means a federal, state or foreign statute or regulation:
<br />1. requiring the Insured Entity to protect the confidentiality or security of Protected Information;
<br />2. requiring notice to a person or organization whose Protected Information was accessed or reasonably may
<br />have been accessed by an unauthorized person; or
<br />3. governing the collection, use or storage of Protected Information by the Insured Entity.
<br />Z.Professional Services means professional services performed for others by or on behalf of the Insured Entity
<br />for a fee or other consideration, but does not include Technology Services, any services involving the creation,
<br />development, sale, distribution, installation, licensing or manufacturing of Technology Products, or work or
<br />activities performed by or on behalf of the Insured Entity or for the Insured Entity as an accountant, actuary,
<br />attorney, architect, surveyor, health care provider, lawyer, insurance or real estate agent or broker, or civil or
<br />structural engineer.
<br />AA.Protected Information means the following information that an Insured has a legal obligation to safeguard,
<br />protect or maintain in confidence:
<br />1. non-public individually identifiable information as defined by any federal, state, local or foreign statute, rule or
<br />regulation;
<br />2. an individual’s social security number, taxpayer identification number, unpublished telephone number, driver’s
<br />license number, state identification number, passport number, financial account number, credit card number,
<br />debit card number or the magnetic strip information from a credit or debit card; and
<br />3. any trade secret, data, design, interpretation, forecast, formula, method, record, report or other item of
<br />information of a third party that is not available to the general public.
<br />BB.Regulatory Body means any federal, state, local or foreign governmental entity in such entity’s regulatory or
<br />official capacity.
<br />
<br />CC.Retroactive Date means the date listed in Item 6. of the Declarations.
<br />DD.Subsidiary means any entity in which the Named Insured as of the effective date of the Policy, either:
<br />1. directly or indirectly owns more than 50% of the issued and outstanding voting equity securities; or
<br />2. controls voting rights representing the present right to vote for election or to appoint more than 50% of the
<br />directors or trustees.
<br />EE.Supplemental Payments & Services means the amounts described in Section V. of this Policy.
<br />DocuSign Envelope ID: 028D978E-DF71-4D79-863D-8360D7144DD8
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