letter of the ODPC on 21st April 2022, seeking an extension within which to submit their reply, which request was granted with the same being extended to 6th May 2022. That in their subsequent response vide their letter dated 6th May 2022, TFH US described its relationship with TFH GmbH and their operations and it also went ahead to describe its two-phase plan of their project namely: Phase 1-Field Test or Machine Learning Phase (which incorporated phase 1.5 of the project-New Opt-in Phase) and Phase 2-Post-Field Test. 42.That on 17th June 2022, the advocates are said to have forwarded a DPIA Report to the ODPC supposedly prepared by FTH US and FTH GmbH. 43.That upon review of the supposed DPIA, the ODPC raised concerns about the legality of the data processing, including unclear contractual relationships, insufficient details on Know Your Customer (KYC), legal obligations and the legislative provisions relied on, the lack of defining the basis of the legitimate interest relied upon and the validity of the consents sought for transferring data outside Kenya. That the ODPC directed TFH US to restrict processing of personal data of persons located in Kenya until the lapse of 60 days or following the provision of a clear lawful basis for the processing. 44.The 6th respondent narrates that the advocates representing TFH US in a letter to the ODPC, forwarded a letter from TFH US dated 15th July, 2022, which letter indicated that it was a response to ODPC’s letter dated 23 rd June 2022. In Page 17 of 84

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