B. The INSURED shall: 1. provide written notice of any CLAIM to us or the producing agent shown on the Declarations as soon as practicable. 2. report any POTENTIAL CLAIM to us or the producing agent in writing during the POLICY PERIOD. If, during the POLICY PERIOD, an INSURED first becomes aware of a POTENTIAL CLAIM and gives written notice of such POTENTIAL CLAIM to us during the POLICY PERIOD, any CLAIMS subsequently made against the INSURED arising from the POTENTIAL CLAIM shall be considered to have been made during the POLICY PERIOD that the INSURED first became aware of such POTENTIAL CLAIM. 3. include within any notice of CLAIM or POTENTIAL CLAIM a description of the CLAIM or POTENTIAL CLAIM, the alleged WRONGFUL ACT including the date it was committed, a summary of the facts upon which the CLAIM or POTENTIAL CLAIM is based, the alleged or potential DAMAGES that may result from the WRONGFUL ACT, the names of actual or potential claimants, the names of INSURED and employee against whom the CLAIM was or may be made, and the date and circumstances by which the INSURED, or any owner, officer, or partner of the NAMED INSURED first became aware of the CLAIM or POTENTIAL CLAIM. 4. provide notice to us under the POLICY per the Notice to Company Endorsement. All notices under the POLICY shall be in writing, shall comply with the time requirements as stated in the POLICY, and shall be given by confirmed facsimile, prepaid express courier, or certified U.S. Mail with return receipt requested. IV. DEFINITIONS AND EXPLANATIONS OF TERMS A. ADVERTISING. ADVERTISING means placing a notice that is broadcast or published to the general public or specific market segments about your products or services for the purpose of attracting customers or supporters. For the purposes of this definition: 1. notices that are published include material placed on the Internet or on similar electronic means of communication; and 2. regarding websites, only that part of a website that is about your products or services for the purposes of attracting customers or supporters is considered ADVERTISING. B. BREACH. BREACH means any misappropriation or unauthorized access, use, disclosure, modification, publication, theft, disappearance, or destruction of PERSONAL DATA within the care, custody, or control of any INSURED. BREACH does not include any misappropriation or unauthorized access, use, disclosure, modification, publication, theft, disappearance, or destruction of PERSONAL DATA within the care, custody, or control of a third party to whom any INSURED has intentionally provided the PERSONAL DATA. C. CLAIM. CLAIM means: 1. that an INSURED has received a summons, a subpoena, or any other notice of legal process; 2. that an INSURED has received notice of any SUIT; or 3. that an INSURED has received notice of a written demand, or a written demand for money or services. D. CLAIM EXPENSE. CLAIM EXPENSE means: 1. all expense incurred in the investigation of any POTENTIAL CLAIM or in the defense of any CLAIM first made against an INSURED seeking DAMAGES for a WRONGFUL ACT, even if a CLAIM or POTENTIAL CLAIM is groundless, false, fraudulent, or for an amount less than your DEDUCTIBLE; SP 4 584 1215 Copyright ©2015 Westport Insurance Corporation. All rights reserved. Page 4 of 15 Insured Copy