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NONPROFITS <br />INSURANCE <br />®N ALLIANCE OF CALIFORNIA <br />A Head forinsurance. k Heart far Nonprofits. <br />THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. <br />PRIVACY LIABILITY AND CYBER COVERAGE <br />This endorsement modifies insurance provided under the following: <br />COMMERCIAL GENERAL LIABILITY COVERAGE PART <br />PRIVACY AND ELECTRONIC DATA LIABILITY (IDENTITY THEFT INCLUDED) <br />A. The following paragraphs are added to the Definitions Section: <br />"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted <br />to or from computer software, including systems and applications software, hard or floppy disks, CD- <br />ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically <br />controlled equipment. <br />"Identity theft" means fraudulent appropriation and use of a person's identification or personal <br />Information, including both "electronic data" as well as information contained in printed or written format. <br />"Loss of electronic data" means: <br />1. Damage to, loss of, loss of use of, corruption of, inability to access or inability to manipulate <br />"electronic data;" and <br />2. "Identity theft." <br />"Protected health information" means any information, whether oral or recorded In any form or medium: <br />(1) That relates to the past, present or future physical or mental condition of an individual; the <br />provision of health care to an individual; or the past, present or future payment for the provision <br />of health care to an individual; <br />(ii) That identifies the individual or with respect to which there is a reasonable basis to believe <br />the information can be used to identify that individual; and <br />(iii) as defined within the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. <br />§1320d- 1320d -8 ( "HIPAA") and other similar federal, state or local laws or statutes. <br />B. The following paragraph is added to the definition of "insured contract" in the Definitions Section: <br />g. That part of any other contract or agreement pertaining to your business that indemnifies another party <br />for tort liability arising out of "loss of electronic data ". <br />C. For the purposes of the coverage provided by this endorsement, the definition of "occurrence" in the <br />Definitions Section is replaced by the following: <br />13. "Occurrence" means an accident, Including continuous or repeated exposure to substantially the <br />same general harmful conditions. With respect to "loss of electronic data," "occurrence" shall mean an <br />NIAC E52 07 13 Page 1 of 3 <br />