Security Rules and Procedures—Merchant Edition • 22 7 February 2022 2023 • Verification that the PFI investigation was initiated within seventy-two (72) hours of the ADC Event or Potential ADC Event and completed as soon as practical. • Timely receipt by Mastercard of the unedited (by other than the forensic examiner) forensic examination findings. • Evidence that the ADC Event or Potential ADC Event was not foreseeable or preventable by commercially reasonable means and that, on a continuing basis, best security practices were applied. In connection with its evaluation of the Customer’s or its Agent’s actions, Mastercard will consider, and may draw adverse inferences from, evidence that a Customer or its Agent(s) deleted or altered data. As soon as practicable, Mastercard will contact the Customer’s Security Contact, Principal Contact, or Account Data Compromise Contact as they are listed in the My Company Manager application, notifying all impacted parties of the impending financial obligation or compensation, as applicable. It is the sole responsibility of each Customer, not Mastercard, to include current and complete information in the My Company Manager application. 10.6.2.1 Potential Reduction of Financial Responsibility for Terminal Servicer ADC Events Notwithstanding a Mastercard determination that an ADC Event occurred, Mastercard may consider the following actions taken by the compromised TS or the responsible Customer, as applicable, to establish, implement, and maintain procedures and support best practices to safeguard Account data prior to, during, and after the ADC Event or Potential ADC Event, in order to relieve, partially or fully, an otherwise responsible Customer of responsibility for any assessments, ADC operational reimbursement, and/or investigative costs. In determining whether to relieve a responsible Customer of any or all financial responsibility, Mastercard may consider whether the Terminal Servicer or the responsible Customer, as applicable, complied with all of the following requirements: • Substantiation to Mastercard from a PCI SSC-approved QSA of the compromised TS’s compliance with the PCI DSS at the time of the ADC Event or Potential ADC Event. • Reporting that certifies any Terminal Servicer(s) associated with the ADC Event or Potential ADC Event as compliant with the PCI DSS and all applicable Mastercard SDP Program requirements at the time of the ADC Event or Potential ADC Event in accordance with section 2.2.3 of this manual. Such reporting must also affirm that all third party-provided payment applications used by the Terminal Servicer(s) associated with the ADC Event or Potential ADC Event are compliant with the Payment Card Industry Payment Application Data Security Standard or the Payment Card Industry Secure Software Standard, as applicable. The applicability of the PCI PA-DSS to third party- provided payment applications is defined in the PCI PA-DSS Program Guide and Account Data Compromise Events 10.6.2.1 Potential Reduction of Financial Responsibility for Terminal Servicer ADC Events Security Rules and Procedures—Merchant Edition • 22 7 February 2022 2023 the applicability of the PCI Secure Software Standard to third party-provided payment software is defined in the PCI Secure Software Program Guide, found at www.pcisecuritystandards.org. • Registration of any TS(s) associated with the ADC Event through Mastercard Connect, in accordance with Chapter 7 of the Mastercard Rules, within 10 calendar days of the TS or the responsible Customer being deemed aware of the ADC Event or Potential ADC Event. • Notification of an ADC Event or Potential ADC Event to and cooperation with Mastercard and, as appropriate, law enforcement authorities. • Verification that the PFI investigation was initiated within seventy-two (72) hours of the ADC Event or Potential ADC Event and completed as soon as practical. • Timely receipt by Mastercard of the unedited (by other than the forensic examiner) forensic examination findings. • Confirmation that any TS(s) associated with the ADC Event or Potential ADC Event completed all of the containment recommendations set forth in the forensic report, and that each such TS revalidated its compliance with the PCI DSS to Mastercard within 60 90 calendar days after the conclusion of the PFI’s investigation. investigation and has additionally demonstrated compliance with the DESV appendix of the PCI DSS within twelve (12) months from achieving full compliance with the PCI DSS. In connection with its evaluation of the Customer’s or its TS’s actions, Mastercard will consider, and may draw adverse inferences from, evidence that a Customer or its TS(s) deleted or altered data. As soon as practicable, Mastercard will contact the Customer’s Security Contact, Principal Contact, or Account Data Compromise Contact as they are listed in the My Company Manager application, notifying all impacted parties of the impending financial obligation or compensation, as applicable. It is the sole responsibility of each Customer, not Mastercard, to include current and complete information in the Company Contact Management application.